Florida Statute 944.291 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.291

944.291 Prisoner released by reason of gain-time allowances or attainment of provisional release date.—

(1) Notwithstanding any provision of law to the contrary, a prisoner who has served his or her term or terms, less allowable gain-time deductions as provided by law, or who has attained his or her provisional release date shall, upon release, be placed under further supervision and control of the department. Any released prisoner who is not under further supervision and control of the department or who is not subject to any statute relating to parole shall be eligible, on a voluntary basis, for any assistance available to him or her through any parole or probation office under the department.

(2) Any prisoner who is convicted of a crime committed on or after October 1, 1988, which crime is contained in category 1, category 2, category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who has served at least one prior felony commitment at a state or federal correctional institution, or is sentenced as a habitual or violent habitual offender pursuant to s. 775.084, may only be released under conditional release supervision as described in chapter 947. Not fewer than 90 days prior to the tentative release date or provisional release date, whichever is earlier, the department shall provide the commission with the name and inmate identification number for each eligible inmate.

History.—s. 1, ch. 67-421; s. 21, ch. 74-112; s. 50, ch. 77-120; s. 1, ch. 78-223; s. 59, ch. 79-3; s. 1, ch. 81-229; s. 10, ch. 88-122; s. 7, ch. 89-531; s. 1645, ch. 97-102.

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Amendments to 944.291

Annotations, Discussions, Cases:

Cases Citing Statute 944.291

Total Results: 22

State v. Green

547 So. 2d 925, 1989 WL 83139

Supreme Court of Florida | Filed: Jul 20, 1989 | Docket: 1738749

Cited 78 times | Published

considered to have completed his sentence in full. See § 944.291, Fla. Stat. (1987). Receipt of gain-time is dependent

Davis v. State

698 So. 2d 1182, 1997 WL 296970

Supreme Court of Florida | Filed: Jun 5, 1997 | Docket: 1524311

Cited 67 times | Published

[3] § 921.141(5)(a), Fla.Stat. (1993). [4] § 944.291, Fla.Stat. (1979). [5] The statute was subsequently

Haliburton v. State

561 So. 2d 248, 1990 WL 40358

Supreme Court of Florida | Filed: Apr 5, 1990 | Docket: 408051

Cited 45 times | Published

mandatory conditional release (MCR) pursuant to section 944.291, Florida Statutes (1979), on January 2, 1981

Duncan v. Moore

754 So. 2d 708, 2000 WL 300409

Supreme Court of Florida | Filed: Mar 23, 2000 | Docket: 1523568

Cited 31 times | Published

gain time, he will be released from prison. See § 944.291(2), Fla. Stat. (1999). Nevertheless, as we have

Andrews v. Florida Parole Com'n

768 So. 2d 1257, 2000 WL 1530915

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1525510

Cited 15 times | Published

thirty month sentence was subject to provisions of § 944.291, Fla. Stat. which dictate that the inmate shall

Rivera v. Singletary

707 So. 2d 326, 1998 WL 65396

Supreme Court of Florida | Filed: Feb 19, 1998 | Docket: 1259659

Cited 15 times | Published

Corrections, be released under supervision.... [4] Section 944.291(2), Florida Statutes (1991), provides in pertinent

Lincoln v. FLORIDA PAROLE COM'N

643 So. 2d 668, 1994 Fla. App. LEXIS 9784, 1994 WL 549483

District Court of Appeal of Florida | Filed: Oct 11, 1994 | Docket: 1493202

Cited 15 times | Published

habitual offenders and from the provisions of section 944.291(2), restricting habitual offenders' release

Dowdy v. Singletary

704 So. 2d 1052, 1998 WL 3332

Supreme Court of Florida | Filed: Jan 8, 1998 | Docket: 1354485

Cited 8 times | Published

have completed his sentence in full.[[1]] See § 944.291, Fla. Stat. (1987). Receipt of gain-time is dependent

Turner v. Wainwright

379 So. 2d 148

District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 1681228

Cited 8 times | Published

mandatory conditional release in April 1976, Section 944.291, Florida Statutes (1975), provided: (1) A

Easton v. State

472 So. 2d 1369, 10 Fla. L. Weekly 1836

District Court of Appeal of Florida | Filed: Jul 30, 1985 | Docket: 1793341

Cited 3 times | Published

for the remainder of the original sentence. Section 944.291, Florida Statutes (1983). See also Valdes v

Bolden v. State

557 So. 2d 630, 1990 WL 16880

District Court of Appeal of Florida | Filed: Feb 26, 1990 | Docket: 1512227

Cited 2 times | Published

considered to have completed his sentence in full. See § 944.291, Fla. Stat. (1987). Receipt of gain-time is dependent

Hull v. Moore

790 So. 2d 560, 2001 WL 826716

District Court of Appeal of Florida | Filed: Jul 24, 2001 | Docket: 1734447

Cited 1 times | Published

determined by the number of days of gain time awarded. § 944.291(2), Florida Statutes (1989, 1991); Duncan v. Moore

Cooper v. Florida Parole Commission

691 So. 2d 521, 1997 Fla. App. LEXIS 2729, 1997 WL 127246

District Court of Appeal of Florida | Filed: Mar 21, 1997 | Docket: 64772432

Published

discharge on that sentence was unconditional. § 944.291, Fla. Stat. (1991); Heuring v. State, 559 So.2d

Deason v. State

688 So. 2d 988, 1997 Fla. App. LEXIS 1773, 1997 WL 82131

District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 64771503

Published

of Florida, which subsequently appeared as section 944.291, Florida Statutes (1989), also set forth requisites

Mitchell v. State

559 So. 2d 243, 1990 Fla. App. LEXIS 1569, 1990 WL 25934

District Court of Appeal of Florida | Filed: Mar 12, 1990 | Docket: 64649480

Published

considered to have completed his sentence in full, Section 944.-291, Florida Statutes (1987), State v. Green,

Williams v. State

370 So. 2d 1164, 1979 Fla. App. LEXIS 13933

District Court of Appeal of Florida | Filed: Jan 10, 1979 | Docket: 64570174

Published

injunctive relief. He urges the illegality of Section 944.291, Florida Statutes (1977), which requires his

Ivory v. State

364 So. 2d 878, 1978 Fla. App. LEXIS 22481

District Court of Appeal of Florida | Filed: Dec 5, 1978 | Docket: 64567271

Published

Tamargo, 329 So.2d 422 (Fla.2d DCA 1976); Section 944.291, Florida Statutes (1974).

Ago

Florida Attorney General Reports | Filed: Mar 29, 1978 | Docket: 3255768

Published

have earned at least 180 days' gain-time.' Section 944.291[2].) It was my opinion in AGO 077-39 — and

Division of Corrections, State Parole & Probation Commission v. Tamargo

329 So. 2d 422, 1976 Fla. App. LEXIS 14085

District Court of Appeal of Florida | Filed: Mar 24, 1976 | Docket: 64553030

Published

“mandatory conditional release” pursuant to Fla.Stat. § 944.291 (1975). Appellee had accumulated 540 days of “statutory”

Thompson v. Wainwright

328 So. 2d 487, 1976 Fla. App. LEXIS 14863

District Court of Appeal of Florida | Filed: Mar 19, 1976 | Docket: 64552839

Published

for release, the supervision restrictions of Section 944.291, Florida Statutes (1973). Appellant concedes

Baker v. State

270 So. 2d 424, 1972 Fla. App. LEXIS 5778

District Court of Appeal of Florida | Filed: Dec 19, 1972 | Docket: 64529308

Published

respect to gain time and the provisions of Section 944.291, F.S.1971, F.S.A. Defendant’s brief states:

Baker v. State

270 So. 2d 424, 1972 Fla. App. LEXIS 5778

District Court of Appeal of Florida | Filed: Dec 19, 1972 | Docket: 64529308

Published

respect to gain time and the provisions of Section 944.291, F.S.1971, F.S.A. Defendant’s brief states: