CopyCited 78 times | Published | Supreme Court of Florida | 1989 WL 83139
...vide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services." A prisoner who is released early because of gain-time is considered to have completed his sentence in full. See § 944.291, Fla....
CopyCited 67 times | Published | Supreme Court of Florida | 1997 WL 296970
...implication. These statements are incriminating in any meaningful sense of the word and may not be used without the full warnings and effective waiver required for any other statement.
384 U.S. at 476-77. [3] §
921.141(5)(a), Fla.Stat. (1993). [4] §
944.291, Fla.Stat....
CopyCited 45 times | Published | Supreme Court of Florida | 1990 WL 40358
...State,
411 So.2d 165 (Fla.), cert. denied,
459 U.S. 891,
103 S.Ct. 189,
74 L.Ed.2d 153 (1982); Straight v. State,
397 So.2d 903 (Fla.), cert. denied,
454 U.S. 1022,
102 S.Ct. 556,
70 L.Ed.2d 418 (1981). The appellant was placed on mandatory conditional release (MCR) pursuant to section
944.291, Florida Statutes (1979), on January 2, 1981, and this was his status at the time of the murder....
...shall, upon release, be under the supervision and control of the department and shall be subject to all statutes relating to parole, but in no event shall such supervision extend beyond 2 years, as determined by the Parole and Probation Commission. § 944.291(1), Fla....
CopyCited 31 times | Published | Supreme Court of Florida | 2000 WL 300409
...ANALYSIS Contrary to Duncan's assertion, his placement on Conditional Release supervision will not automatically result in the forfeiture of earned gain time. When Duncan has served enough time and earned enough gain time, he will be released from prison. See § 944.291(2), Fla....
...Singletary,
707 So.2d 326, 327 (Fla.1998)(describing program as "an additional post-prison supervision program for certain types of offenders that the legislature has determined to be in need of further supervision after release"); see also §§
947.1405,
944.28(1),
944.291(2), Fla....
...See §
947.1405, Fla. Stat. (1999). Duncan's sentence does not expire when the incarcerative portion of his sentence ends; it only expires when the entire sentence, including the supervisory period, has been satisfactorily completed. See §§
947.1405,
944.28(1),
944.291(2), Fla....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 2000 WL 1530915
...This date was calculated by considering the two separate sentences as one 60 month sentence despite the fact that only the second thirty month sentence was subject to the provisions of Florida Statute §
947.1405(1) and (2). The first thirty month sentence was subject to provisions of §
944.291, Fla....
...d. This of necessity includes interpretation of the sentences and offenses of which the inmate is convicted, the dates of *1262 the offenses, and a determination of the expiration date of the maximum sentence imposed by the court. Although DOC under section 944.291 is required to provide the Commission with the name and inmate identification number for each eligible inmate, the responsibility for an inmate's actual conditional release is solely with the Commission....
...Money damages are not ordinarily available in habeas corpus proceedings. See Flournoy v. Moore,
752 So.2d 35 (Fla. 1st DCA 2000), rev. denied, No. SC00-569,
767 So.2d 456 (Fla. July 7, 2000). [3] Section
944.275 is the basic gain-time statute. A related section,
944.291, restricts release of certain offenders by providing for their release only upon conditional release as prescribed by section
947.1405. Section
944.291 also requires DOC to certify to the Commission the names and identification numbers of eligible inmates....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 9784, 1994 WL 549483
...instead placed on conditional release, which has now been revoked, for failure to report as required. To decide the appeal, we consider the relationship among three statutory provisions enacted or amended in 1988, codified as sections
775.084(4)(e),
944.291, and
947.1405, Florida Statutes (1988 Supp.), [1] and *670 their application to prisoners sentenced as habitual offenders....
...dered to have completed his sentence in full." State v. Green,
547 So.2d 925, 926 (Fla. 1989). See Waldrup v. Dugger,
562 So.2d 687 (Fla. 1990). But the same law that created the conditional release program amended the gain-time statute, as follows:
944.291 Prisoner release by reason of gain-time allowances....
...y reason of gain-time allowances, be released conditionally under supervision, in accordance with the Act. [3] This legislative intent is manifest from section
947.1405(2)'s *671 specific denomination of habitual offenders and from the provisions of section
944.291(2), restricting habitual offenders' release by reason of gain-time allowances to conditional release under supervision....
...voke his conditional release and recommit him to custody to serve the remainder of his sentence. But Mr. Lincoln's argument contains the seeds of its own destruction: If he was ineligible for conditional release, he was ineligible for release. Under section 944.291, Florida Statutes (1988 Supp.), a prisoner sentenced as a habitual offender can only be released by reason of gain-time allowances "under conditional release supervision as described in chapter 947." § 944.291(2), Fla....
...be construed to preclude a habitual offender's placement on conditional release, when incentive gain-time makes his further incarceration unlawful. Such a construction would give no effect either to applicable provisions of section
947.1405(2) or to section
944.291(2), Florida Statutes (1988 Supp.)....
CopyCited 15 times | Published | Supreme Court of Florida | 1998 WL 65396
...Nevertheless, we find this distinction to be irrelevant to the issue of whether the Commission has statutory authority to grant or deny credit for time spent on supervision; and, as we similarly found in Gay, we find here that the Commission has broad authority under sections
947.1405, [3]
944.291(2) [4] and especially section
947.141, [5] to either grant or deny a releasee credit for time spent on Conditional Release when that release is revoked due to a violation of the terms and conditions of release....
...a habitual or violent habitual offender pursuant to s.
775.084 shall, upon reaching the tentative release date or provisional release date, whichever is earlier, as established by the Department of Corrections, be released under supervision.... [4] Section
944.291(2), Florida Statutes (1991), provides in pertinent part: 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 R...
CopyCited 8 times | Published | Supreme Court of Florida | 1998 WL 3332
...s previously awarded gain time. We conclude that our decisions in those cases do not cover Dowdy's situation. In Green, we stated: A prisoner who is released early because of gain-time is considered to have completed his sentence in full.[ [1] ] See § 944.291, Fla....
...thority for that forfeiture. Our decisions were based on interpretations of 1987 statutes which were subsequently amended, and the amendments were in effect when Dowdy committed his offenses. Our decision in Green was based on sections
944.28(1) and
944.291, Florida Statutes (1987)....
...§ 20 at 2721 (providing for effective date). Effective September 1, 1990, control release was added. See ch. 89-526, § 6 at 2663, Laws of Fla. (codified at §
944.28(1) n. 2, Laws of Fla. (1989)); id. § 52 at 2690 (providing for effective date). Section
944.291, Florida Statutes (1987), was also one of the bases for this Court's decision in Green. At the time of Green's forfeiture, section
944.291, Florida Statutes (1987), provided that a prisoner who was released due to gain-time awards was not to be placed under "further supervision." [4] Effective July 1, 1988, that section was amended to provide for the optional placement of a releasee under "further supervision." See ch. 88-122, § 10 at 538-39, Laws of Fla. (codified at §
944.291, Fla....
...(Supp.1988)); id. § 92 at 572 (providing for effective date). It was amended again effective October 1, 1989, to provide for the mandatory placement of such releasees under "further supervision." See ch. 89-531, § 7 at 2717, Laws of Fla. (codified at § 944.291, Fla....
...1st DCA 1994) (noting that "[a]t one time, any `prisoner who [was] released early because of gain-time [was] considered to have completed his sentence in full.' State v. Green,
547 So.2d 925, 926 (Fla.1989).... But the same law that created the conditional release program amended the gain-time statute...."). [4] Section
944.291, Florida Statutes (1987), provided in pertinent part that "[a] prisoner who has served his term or terms, less allowable statutory gain-time deductions and extra goodtime allowances, as provided by law, shall not, upon release, be under further supervision and control of the department ..." (emphasis added)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...1st DCA 1978): "It is clear that requisite to the application of the Sunshine Law is a meeting of two or more public officials... . It is equally clear that the Sunshine Law would apply to all meetings of the Parole and Probation Commission." [3] At the time of Turner's mandatory conditional release in April 1976, Section 944.291, Florida Statutes (1975), provided: (1) A prisoner who has served his term or terms, less allowable statutory gain-time deductions and extra good-time allowances, as provided by law, shall, upon release, be under the supervision and c...
...extend beyond the maximum term or terms for which he was actually sentenced. (2) The provisions of this section shall not apply to prisoners who, at the time of sentence, could not have earned at least 180 days' gain-time. Full responsibility under Section 944.291 was once committed to the Parole and Probation Commission, Section 944.291, Florida Statutes (1973); but certain of its functions were transferred to the Department of Offender Rehabilitation by Chapter 75-49, Fla. Laws. See also Chapter 77-120, Section 50, Fla. Laws. The Department is now designated the Department of Corrections. Chapter 78-53, Fla. Laws; Section 944.291, Florida Statutes (1978 Supp.). Section 944.291 was amended in 1978 to allow MCR supervision no longer than "2 years as determined by the Parole and Probation Commission." Chapter 78-223, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1836
...behavior, see section
944.275, Florida Statutes (1983); and (c) the specific statutory provision that, when the Department releases a prisoner on account of earned gain time, he is no longer even on parole for the remainder of the original sentence. Section
944.291, Florida Statutes (1983)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 16880
...upreme court decision in State v. Green,
547 So.2d 925 (Fla. 1989), decided September 15, 1989. In this decision, the supreme court held: A prisoner who is released early because of gain-time is considered to have completed his sentence in full. See §
944.291, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2001 WL 826716
...ommits certain types of crimes and who has served time for a prior felony or who is sentenced as a habitual offender must be released into the conditional release program, the length of which is determined by the number of days of gain time awarded. § 944.291(2), Florida Statutes (1989, 1991); Duncan v....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
have earned at least 180 days' gain-time.' Section
944.291[2].) It was my opinion in AGO 077-39 — and
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14085
...tion for writ of habeas corpus brought by appellee, Phillip Tamargo. *423 On February 25, 1971, appellee had been sentenced to 5 years imprisonment. On February 1, 1974, he was released under “mandatory conditional release” pursuant to Fla.Stat. § 944.291 (1975)....
...At the time of his release appellee refused to sign a consent certificate or to verbally agree to the conditions of the mandatory conditional release. On May 5, 1975 he was arrested for a violation of the terms of his release. In his petition for habeas corpus, appel-lee contended that Fla.Stat. § 944.291 (1973), which purported to give the Parole and Probation Commission control over him from the time of his release until the expiration of his sentence was inapplicable, unconstitutional, or illegal as it applied to him....
...ore than the terminal gain time is based on the erroneous assumption that ap-pellee was on parole. Consent was required for a person to be placed on parole under § 947.17(1), Fla.Stat. (1973) , 1 However, appellee was not on parole. Under Fla.Stat. § 944.291 (1973) a prisoner released early because of statutory gain time was to “be deemed as if released on parole” until the expiration of his sentence....
...Neither party noted that the exclusionary provision was revised effective July 1, 1974. The statute now requires supervision of re-leasees except those “who, at the time of sentence, could not have earned at least one hundred eighty (180) days’ gain time.” Fla.Stat. § 944.291(2) (1975) (Emphasis added).
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 2729, 1997 WL 127246
...be made conditional. §
947.1405(2)(a), Fla. Stat. (Supp.1992) (applies to category 1-4 crimes only). In the absence of another statutory basis for supervised release on the grand theft charge, his early discharge on that sentence was unconditional. §
944.291, Fla....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14863
...of which appellee is the statutory head. By this appeal from the trial court’s denial of a writ of habeas corpus, appellant seeks to prevent the Department from applying to him, when he becomes eligible for release, the supervision restrictions of Section 944.291, Florida Statutes (1973). Appellant concedes he is not presently eligible for release from incarceration, and he makes no challenge to either his conviction or sentence. Appellant argues here that the Department has advised him of its intention to apply Section 944.291 to him at the expiration of his jail term, and that, because this statute did not become effective until after his plea and adjudication of guilt such action will violate Florida’s constitutional ban on ex post facto laws....
...An immediate release from incarceration is not essential to the availability of habeas corpus. 2 The writ is not available, however, to raise hypothetical questions, and there is no genuine issue here which requires a judicial determination at this time. Whether appellee will seek to apply Section 944.291 to appellant at the time of his release is, at present, completely conjectural....
...stration of the sentence would be premature — particularly since the defendant is apparently not yet entitled to release with or without parole.” Baker v. State,
270 So.2d 424, 426 (4th DCA Fla.1972). If and when the Department attempts to apply Section
944.291 to the defendant, the writ will lie to decide that controversy....
...ed had been unlawfully imposed. Here the issue involves the future administration of an admittedly lawful sentence. . The record before us nowhere corroborates appellant’s assertion that the Department has communicated to him an intention to apply Section 944.291 at the time of his release....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 13933
DAUKSCH, Judge. Petitioner has filed with the court a request for injunctive relief. He urges the illegality of Section 944.291, Florida Statutes (1977), which requires his release before the expiration of his full sentence if he has earned gain time deductions and extra good time allowances....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 22481
PER CURIAM. Affirmed. See: Division of Corrections, State Parole and Probation Commission v. Tamargo,
329 So.2d 422 (Fla.2d DCA 1976); Section
944.291, Florida Statutes (1974).
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 5778
...The defendant does not contend that the trial judge failed to resentence him in accordance with the federal district court’s order. What apparently concerns the defendant now is the method by which the sentence will be administered with respect to gain time and the provisions of Section 944.291, F.S.1971, F.S.A....
...nce call for without parole.” At the time the defendant was initially sentenced, a prisoner could be released after he had served his term less gain time accrued under the provisions of Section 944.27, F.S.1961, F.S.A. Presently, by reason of F.S. Section 944.291, F.S.A., which was enacted in 1967, a convict may be re *426 leased after serving his term less gam time, but his release is not necessarily unconditional....
