CopyCited 122 times | Published | Supreme Court of Florida | 2008 WL 2678449
...the offender's deviant behavior pattern. Ch. 97-308, § 3, at 5520, Laws of Fla. [30] Finally, and most important to the proper resolution of this case, the title to chapter 97-308, Laws of Florida, reads: An act relating to sex offenders; amending s. 947.1405, F.S.; clarifying legislative intent regarding sentences that are eligible for conditional release supervision; requiring a curfew between specified hours; providing alternatives; revising requirements for treatment for sex offenders; rev...
...See, e.g., Simmons,
343 F.3d at 82 ("When the references to minors are omitted [from 18 U.S.C. § 2256], what remains is the definition of the broader category of pornography[.]"). A similar cabining of section
948.03(5)(a)(7), Florida Statutes (1999), and sections
948.30(1)(g), and
947.1405(7)(a)(7), Florida Statutes (2007), is possible through selective reference to the definitions contained in section
847.001, Florida Statutes....
...the meaning of the statute can be discerned from the language in the statute."). [23] As part of the same law, the Legislature added a parallel mandatory provision of sexual-offender conditional release. See ch. 95-283, § 57, at 2687, Laws of Fla.; § 947.1405(7)(a)(7), Fla....
...[30] Words stricken are deletions and words underlined are additions. [31] The title to the enrolled senate bill that resulted in chapter 97-328 is identical to the title to the session law. CS for SB 1930, 1997 Leg., Reg. Sess. (Fla. 1997). [32] Using the exact same language, the Legislature also amended section 947.1405(7)(g) (postamendment section 947.1045(7)(a)(7)), which relates to conditional release of sex offenders....
CopyCited 31 times | Published | Supreme Court of Florida | 2000 WL 300409
...See Rivera v. 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....
...Florida Parole Comm'n,
643 So.2d 668, 670 (Fla. 1st DCA 1994). The Legislature has determined that habitual offenders and offenders who have committed certain types of violent offenses after having served a prior commitment to prison should receive supervision after release. See §
947.1405, Fla....
...See art. 1 § 9, Fla. Const.; U.S. Const. amend. V. We disagree. The statutes affecting Duncan's sentence were in effect when he committed his crime and when he pled guilty. By statute, Duncan's sentence has always included a period of supervision. 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....
...Since 1988, the gain time statutes have provided that when inmates subject to Conditional Release receive gain time, that gain time must be served as supervision upon release and is subject to forfeiture if the releasee violates the terms and conditions of his or her supervision. See §§
947.1405,
944.28(1), Fla....
...se revocation. See Dowdy v. Singletary,
704 So.2d 1052, 1053 (Fla.1998); § 974.141;
944.28(1), Fla. Stat. (1999). The Conditional Release statute covers eligible offenders whose relevant offense dates were committed on or after October 1, 1988. See §
947.1405(2)(a), Fla....
CopyCited 22 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 582, 1997 Fla. LEXIS 1456, 1997 WL 589297
...4th DCA 1997), in which the district court certified the following question to be of great public importance: WHEN AN INMATE WHO IS SERVING CONCURRENT SENTENCES IS RELEASED AFTER ACCRUING SUFFICIENT GAIN TIME AND HIS RELEASE ON ONE OR MORE OF THOSE SENTENCES IS CONDITIONAL UNDER SECTION 947.1405, FLORIDA STATUTES, IS HIS RELEASE STATUS REVOKED AS TO ALL THE CONCURRENT SENTENCES, INCLUDING THE SENTENCES IMPOSED FOR OFFENSES THAT DID NOT QUALIFY FOR CONDITIONAL RELEASE? We have jurisdiction....
...at a state or federal correctional institution or is sentenced as a habitual or violent habitual offender pursuant to s.
775.084 shall, upon reaching the tentative release date or provisional release date ... be released under supervision .... *544 §
947.1405(2), Fla....
...Accordingly, we answer the certified question in the negative and approve the district court's decision in this case. It is so ordered. KOGAN, C.J., and SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] In 1997, the legislature amended section 947.1405 to include the following sentence....
CopyCited 19 times | Published | Supreme Court of Florida | 1999 WL 424386
...llow), these offenders are placed on supervision for the amount of time equal to the gain time they have accrued. If they violate their supervision, gain time is forfeited and the inmate is returned to prison to continue serving the sentence(s). See § 947.1405(2), Fla....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 2000 WL 1530915
...elease to be supervised until December 25, 1995. 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)....
...DOC and the Commission moved to dismiss arguing that sovereign immunity shielded them from liability. The Commission also claimed that its actions were protected by the doctrine of judicial immunity. In Westlund v. Florida Parole Comm'n,
637 So.2d 52 (Fla. 1st DCA 1994), we held that under the provisions of section
947.1405, Florida Statutes (1991), the last date of conditional release supervision may lawfully be calculated with reference only to sentences imposed for offenses committed on or after October 1, 1988....
...1st DCA 1994), the First District correctly determined that sentences for uncovered offenses that were committed before the effective date of the Act are distinct from covered offense[s] committed after its effective date."). Andrews' complaint alleged, consistent with the Westlund interpretation of section 947.1405 as applied to the facts here, that his last lawful date of conditional release supervision was September 12, 1994....
...Negligence Claims As a preliminary matter, we dispose of those allegations of the complaint seeking to impose liability upon both the Commission and DOC based upon their alleged breach of duties placed upon them by statute. It is clear to us that the statutes invoked, specifically, sections *1261
944.275 [3] and
947.1405, [4] are simply a part of an overall statutory scheme whose sole purpose is the protection of the public through a system of apprehension, conviction and incarceration of criminal offenders....
...In our view, the Commission was clearly acting in a quasi-judicial capacity in establishing the terms and length of Andrews' conditional release, and in the issuance of the warrants for his arrest and re-commitment to the custody of DOC. These duties, expressly imposed upon the Commission by the provisions of section 947.1405, require a determination and consideration of numerous factors concerning the inmate after an inmate review by a member of the Commission and a review of the inmate's record by the Commission before it finally acts....
...of the statute, could be found to subject the Commission to tort liability, while the actions of the trial courts in Westlund and Cooper, considering the same facts and interpreting the same law, would be protected by total immunity. The language of section 947.1405(6), admonishing that the length of supervision "must not exceed the maximum penalty imposed by the court," taken literally, and without proper consideration of constitutional ex post facto implications, can be interpreted, as did the...
...n of great public importance: WHETHER THE DEPARTMENT OF CORRECTIONS AND THE PAROLE COMMISSION ARE AMENABLE TO SUIT FOR FALSE IMPRISONMENT WHERE THE PAROLE COMMISSION ESTABLISHED THE TERMS AND CONDITIONS OF AN INMATE'S CONDITIONAL RELEASE PURSUANT TO SECTION 947.1405, FLORIDA STATUTES (1989), BUT THROUGH AN ALLEGED ERROR IN DETERMINING THE INMATE'S RELEASE DATE, THE INMATE *1265 WAS SUBJECTED TO INCARCERATION FOR MORE THAN ELEVEN MONTHS BEYOND THE MAXIMUM RELEASE DATE PERMITTED BY THE STATUTE? For the reasons stated, the judgment appealed from is affirmed....
...Neither the Parole Commission nor DOC enjoys immunity from suit for false imprisonment, in my view, on the facts Mr. Andrews alleges. Insofar as the court's judgment today affirms dismissal of the claim based on the breach of duties sections
944.275 and
947.1405, Florida Statutes (1993), allegedly impose, I concur....
...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. [4] Section
947.1405, the "Conditional Release Program Act," provides, in paragraph (2), in its entirety, and paragraph (6), in part, as follows: (2) Any inmate who: (a) Is convicted of a crime committed on or after October 1, 1988, and before January 1,...
...[21] By the time conditional release was revoked on December 28, 1995, the complaint alleges, Mr. Andrews had served more than thirty months on conditional release. If so, the thirty-month sentence imposed for the offense committed after October 1, 1988, had necessarily expired. Under section 947.1405(6), Florida Statutes (1991), incarceration plus supervision on conditional release authorized only for post October 1, 1988 offensescannot exceed "the maximum penalty imposed by the court." The sentence imposed for the offense co...
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 9784, 1994 WL 549483
...d 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. We conclude that appellant's reincarceration was lawful and affirm the trial court's denial of the writ. Chapter 88-122 In 1988, the Legislature adopted the Conditional Release Program Act (Act), since codified as section
947.1405, Florida Statutes....
...Westlund v. Florida Parole Comm'n,
637 So.2d 52, 53 (Fla. 1st DCA 1994). "The commission shall also determine whether the terms and conditions of such release have been violated and whether such violation warrants revocation of conditional release." §
947.1405(2), Fla....
...88-122 evince a legislative intent that a prisoner sentenced as a habitual offender, if released by 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....
...ection
775.084(4)(e) must 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.)....
...ms of early release, notably parole, and not to the conditional release program. Our conclusion in this respect is buttressed by recent, clarifying legislation. In 1993, the Legislature amended subsection
775.084(4)(e) to provide: "The provisions of s.
947.1405 shall apply to persons sentenced as habitual felony offenders and persons sentenced as habitual violent felony offenders." Ch. 93-406, § 2, at 2915, Laws of Fla. The title of chapter 93-406 indicates that one of its purposes lay in "clarifying that provisions of s.
947.1405, F.S., apply to persons sentenced as habitual offenders." When an amendment to a statute is enacted after controversy arises as to the interpretation of the original act, the amendment may be, as here, a legislative interpretation of the original law, rather than a substantive change thereof....
...The subsequent enactment of chapter 93-406, section 2, at 2915, Laws of Florida, amending subsection
775.084(4)(e), Florida Statutes, while appropriately taken into account in deciphering the statute's meaning before the amendment, cannot be given retroactive effect. Art. I, § 10, Fla. Const. (1968). [2] Section
947.1405(2), Florida Statutes makes the Act applicable to "[a]ny inmate 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....
...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... ." [3] "The length of supervision must not exceed the maximum penalty imposed by the court." §
947.1405(6), Fla....
CopyCited 15 times | Published | Supreme Court of Florida | 1998 WL 65396
...This is essentially the same argument that was advanced in Gay v. Singletary,
700 So.2d at 1220. The only difference between Gay's case and this case is that in Gay the supervised release was Control Release. See §
947.146, Fla. Stat. (1995). In this case, the supervised release is Conditional Release. See §
947.1405, Fla....
...Conditional Release, on the other hand, has never been an early release program, but rather 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 § 947.1405, Fla....
...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....
...deny credit for time spent on either Control Release or Conditional Release when that release is revoked due to the inmate's violation of the terms and conditions of release. [2] The Conditional Release program went into effect on July 1, 1988. See § 947.1405, Fla....
...88-122, § 92 at 572 (establishing effective date), Laws of Fla. The Control Release program went into effect on September 1, 1990. See §
947.146, Fla. Stat. (1989); ch. 89-525, §§ 1,2,3,5,6,7,8 at 2659-65; § 52 at 2690 (establishing effective date), Laws of Fla. [3] Section
947.1405, Florida Statutes (Supp....
CopyCited 13 times | Published | Supreme Court of Florida | 2002 WL 31084622
...ng an enhanced penalty would Mayes and Bennett be entitled to relief. [1] *971 Under the current conditional release statute there are a number of different groups of inmates, including habitual offenders, who are subject to conditional release. See § 947.1405, Fla....
...For purposes of this case, the relevant group of inmates includes those who have committed crimes contained within category one through four of the Sentencing Guidelines (certain violent offenses) and who have also served a prior commitment to prison (either state or federal). See § 947.1405(2)(a), Fla....
...efore imposing a recidivist enhanced criminal penalty or sentence. [2] See art. II, § 3, Fla. Const. ("No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein."). [3] Section 947.1405(2)(c) provides, in pertinent part, that "[a] panel of no fewer than two commissioners shall establish the terms and conditions of any such release." § 947.1405(2)(c), Fla....
...(2001). [4] Section
947.13 (Powers and Duties of Commission), states, in pertinent part: The commission shall have the powers and perform the duties of: . . . . (f) Establishing the terms and conditions of persons released on conditional release under s.
947.1405.......
CopyCited 10 times | Published | Supreme Court of Florida | 2002 WL 31097677
...ture based on the reasoning set forth in this opinion. It is so ordered. ANSTEAD, C.J., WELLS, PARIENTE, and QUINCE, JJ., and HARDING, Senior Justice, concur. SHAW and LEWIS, JJ., concur in result only. NOTES [1] The conditional release program, see § 947.1405, Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 1998 WL 10312
...We have for review a decision ruling on the following question certified to be of great public importance: DOES AN INMATE WHO HAS BEEN SENTENCED AS A HABITUAL OR VIOLENT HABITUAL OFFENDER BUT WHO IS NOT CONVICTED OF A CATEGORY 1, CATEGORY 2, CATEGORY 3 OR CATEGORY 4 CRIME QUALIFY FOR CONDITIONAL RELEASE PURSUANT TO SECTION 947.1405(2), FLORIDA STATUTES (1989)? Deason v....
...er 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 subject to specified terms and conditions.... §
947.1405(2), Fla....
...3d DCA 1977)("[S]trict construction [of penal statutes] is subordinate to the rule that the intention of the lawmakers must be given effect."). Finding such evident legislative intent in the present case, we hold that habitualization is a separate, free-standing criterion for conditional release under section 947.1405(2), Florida Statutes (1989)....
...The majority relies upon a Senate Staff Analysis dated June 1, 1988, two days prior to the favorable vote by the Senate and House on consolidated CS/HB 1574, 1422, 1430, 1438, 1439, and 1567, which passed as chapter 88-122 and, among other things, enacted section 947.1405. Although it is true that the portion of the analysis quoted by the majority supports the construction now placed upon section 947.1405 by the majority, the majority neglects to point out that the staff analysis did not relate to the consolidated bill as finally enacted....
...n entirely new bill. As so amended, the bill was passed by the Senate and House on that date. Section 16 of the first engrossed version of the consolidated bill and Section 19 of the consolidated bill as finally enacted both proposed to create a new section 947.1405, Florida Statutes....
...ion now adopted by the majority. The majority also relies upon Lincoln v. State,
643 So.2d 668 (Fla. 1st DCA 1994). But Lincoln stands for the proposition that habitual offenders as a class are not exempted from the conditional release provisions of section
947.1405. It does not address the issue now before us. Finally, the majority relies upon a 1995 amendment of section
947.1405(2) to justify its construction of the 1988 statute....
...The majority concludes that the amendment "was likely intended to clarify, rather than change, the law." But the majority does not tell us how this conclusion is reached. Certainly nothing in the text of the 1995 statute suggests that the amendment had this purpose. In fact, a plain reading of the entirety of section 947.1405(2), Florida Statutes (1995), together with the full text of section 947.1405(2) as it existed prior to the 1995 amendment, reveals that the 1995 amendment made substantial changes to the law as it existed under the prior statute....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 189, 2009 WL 80221
...Mandate issued on April 3, 2002. On October 31, 2007, Chandler filed his current rule 3.850 motion. In this motion, Chandler alleged that he learned for the first time on October 3, 2007, that he would be subject to conditional release pursuant to section 947.1405, Florida Statutes (2000), upon completion of his HFO sentence....
...om prison prior to the expiration of his or her imposed sentence based on earned gain time, but he or she remains under the supervision of the Department of Corrections for a period equal to the amount of the gain time earned while incarcerated. See § 947.1405(2), Fla....
...(2000); see Logan v. State,
964 So.2d 209, 210 (Fla. 5th DCA 2007). The specific terms and conditions of the defendant's conditional release are set by the Florida Parole Commission after an interview with the inmate and a review of his record. See §
947.1405(5), (6)....
...his or her full, pronounced prison term, gain time and release are revoked and the defendant may be reincarcerated for the balance of his or her sentence. All defendants sentenced as habitual felony offenders are subject to conditional release. See § 947.1405(2)(b).
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2007 WL 2403201
...Logan appeals from an order denying his petition for writ of habeas *210 corpus. In his petition, Logan sought to challenge the Florida Parole Commission's determination that he was to be released from prison to conditional release supervision pursuant to section 947.1405, Florida Statutes (2006)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2002 WL 31026945
...nduct the revocation hearing beyond the 45-day time period in section
947.141(2), Florida Statutes (1991). Because we determine that the time period in section
947.141(2) is not jurisdictional and that the delay was not prejudicial, we affirm. Under section
947.1405(6), Florida Statutes (1991), the Commission has jurisdiction over Gillard until December 12, 2007, which is the date his conditional release supervision terminates....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 11075, 2008 WL 2695643
...He was sentenced as a habitual felony offender to concurrent terms of 25 years' imprisonment. In 2005, he was released on conditional release supervision and the FPC imposed special sexual offender conditions on him based upon his 1990 sexual battery convictions. Under section 947.1405, Florida Statutes (1990), the FPC had the discretionary authority "to impose any special conditions it considered warranted from its review of the record." In 1995, section 947.1405, Florida Statutes, was amended to require that the FPC impose special sexual offender conditions on inmates convicted of a violation of chapter 794 committed on or after October 1, 1995....
...batteries were committed before October 1, 1995, those convictions were part of the petitioner's record. As such, by imposing special conditions on the petitioner related to those convictions, the FPC was exercising its discretionary authority under section 947.1405(6), Florida Statutes (2006), not retroactively applying section 947.1405(7), Florida Statutes (1995). Although the special sexual offender conditions imposed on the petitioner are similar to the mandatory special sexual offender conditions set forth in section 947.1405(7), Florida *1215 Statutes (1995), the FPC's discretionary authority under section 947.1405(6), Florida Statutes (1990), to impose any special conditions it considers warranted based on its review of the petitioner's record was not limited in any way....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1994 WL 497851
...Consequently, the trial court was permitted to enter a departure sentence at the 1987 resentencing. See Jones,
559 So.2d at 206; Fonseca,
614 So.2d at 34. [8] The court expresses appreciation to the Parole Commission for its assistance as amicus curiae. [9] The conditional release program established by section
947.1405, Florida Statutes (Supp. 1988), was made applicable to defendants who committed crimes on or after October 1, 1988. Id. §§ 921.001(11),
947.1405....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2008 WL 2038275
...On November 20, 1990, Henry Wainwright pleaded guilty to three felonies. The court sentenced him to three concurrent sentences of 15 years in prison. After serving 8.5 years of his concurrent 15 year sentences, Wainwright was conditionally released from custody of the Department of Corrections on July 6, 1999. Section 947.1405, Florida Statutes (2007) establishes the conditional release program. The statute requires "conditional release offenders" be "intensive[ly]" supervised "by experienced correctional probation officers." § 947.1405(8), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1994 WL 182256
...We deny appellees' motion otherwise. Frederick Westlund appeals the denial of his petition for writ of mandamus. Because we believe that the Florida Parole Commission and the Department of Corrections improperly applied the Conditional Release Program Act, section 947.1405, Florida Statutes (1991), we reverse with directions that the writ issue to require appellees to reconsider their authority to detain appellant in light of this opinion....
...rglary and resisting arrest with violence, each with credit for time served. All five sentences were to run concurrently. On November 27, 1991, [4] the Department conditionally released appellant on order of the Commission entered in accordance with section 947.1405(6), Florida Statutes (1991)....
...[6] These five sentences were to be served concurrently, but they nevertheless remain distinct sentences. The Act unequivocally applies to "[a]ny inmate who is convicted of a [covered] crime committed on or after October 1, 1988, ..." (emphasis added). § 947.1405(2), Fla....
...On remand, the trial court shall issue a writ of mandamus requiring appellees to recalculate appellant's last date of conditional release supervision based only on offenses committed on or after October 1, 1988, and ordering all other appropriate relief. It is so ordered. ERVIN, BARFIELD and BENTON, JJ., concur. NOTES [1] Section 947.1405(2), Florida Statutes (1991), provides: Any inmate 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...
...e accrued under section
944.275 Florida Statutes (1991), appellant had finished service of all five of his sentences, see State v. Green,
547 So.2d 925 (Fla. 1989), subject only to successful completion of a period of conditional release required by section
947.1405, Florida Statutes (1991)....
CopyCited 3 times | Published | Supreme Court of Florida | 1998 WL 286327
...SINGLETARY, etc., et al., Respondents. No. 90694. Supreme Court of Florida. December 30, 1997. Order On Rehearing June 4, 1998. AMENDED ORDER Petitioner seeks a writ of habeas corpus asserting that the respondents have erroneously calculated his release date under section 947.1405 by using a non-qualified offense in the calculation....
...Cooper,
701 So.2d 543 (Fla.1997), in which we answered the following certified question in the negative. WHEN AN INMATE WHO IS SERVING CONCURRENT SENTENCES IS RELEASED AFTER ACCRUING SUFFICIENT GAIN TIME AND HIS RELEASE ON ONE OR MORE OF THOSE SENTENCES IS CONDITIONAL UNDER SECTION
947.1405, FLORIDA STATUTES, IS HIS RELEASE STATUS REVOKED AS TO ALL THE CONCURRENT SENTENCES, INCLUDING THE SENTENCES IMPOSED FOR OFFENSES THAT DID NOT QUALIFY FOR CONDITIONAL RELEASE? We hereby grant the petition insofar as the relief requested is warranted pursuant to our opinion in Cooper....
...entence(s) in the non-Conditional Release eligible case(s).
701 So.2d at 545. The Commission may only transfer the supervision to the end of the overall sentence for offenses committed after the 1997 amendment to the Conditional Release statute. See §
947.1405(2), Fla....
CopyCited 3 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 61981, 2010 WL 2540114
...It also concedes that while Florida's probation statutes provide for tolling in probation-violation cases, there is no provision for tolling in Florida's parole statutes, including those governing the state's conditional-release program at issue here. [9] Id. at 109-10. FLA. STAT. § 947.1405 establishes the framework for the state's conditional-release program....
...rior to the expiration of his or her imposed sentence based on earned gain time, but he or she remains under the supervision of the Department of Corrections for a period equal to the amount of the gain time earned while incarcerated. See FLA. STAT. §
947.1405(2) (2000); Logan v. State,
964 So.2d 209, 210 (Fla. 5th DCA 2007). The specific terms and conditions of a defendant's conditional release are set by the Florida Parole Commission after an interview with the inmate and a review of his record. See id. §§
947.1405(5), (6)....
...[9] Notably, in response to the Francois decision the Florida legislature amended the relevant probation statute, FLA. STAT. §
948.06, to specifically provide for tolling of probationary periods in certain circumstances, but has never provided for tolling in the Conditional Release Program Act, FLA. STAT. §§
947.1405 and
947.141, even though it has amended that statute as well in unrelated respects. Nor do the regulations adopted by the Parole Commission pursuant to FLA. STAT. §§
947.1405(9) mention tolling. [10] Nor likely could it have. See FLA. STAT. §
947.1405(6), the last sentence of which provides: "The length of supervision must not exceed the maximum penalty imposed by the court." [11] As previously noted, it is undisputed that the arrest warrant itself remained valid and outstanding after...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2003 WL 69560
...The sentences for aggravated assault, aggravated battery, and possession of a short-barreled shotgun were imposed under the habitual felony offender (HFO) statute, and Bolden was subject to conditional-release supervision for those three sentences pursuant to section 947.1405, Florida Statutes (1991)....
...The statute governing revocation of conditional release, section
947.141(4), Florida Statutes (1991), makes no mention of tolling or adding supervision time into the new release date calculation. Rather, it simply states that the releasee forfeits "all gain-time or commutation of time for good conduct." Moreover, section
947.1405(2), Florida Statutes (1991), which controls Bolden's conditional-release supervision, simply states that the inmate will be released under supervision "upon reaching the tentative release date or provisional release date." Absent from the statute is the language that appears in the 1997 version of section
947.1405(2)(c) (footnote omitted), which provides: "Such supervision shall be applicable to all sentences within the overall term of sentences if an inmate's overall term of sentences includes one or more sentences that are eligible for condi...
...on to the end of the overall sentence for offenses committed after the 1997 amendment to the Conditional Release statute." Pressley v. Singletary,
724 So.2d 97, 98 (Fla. 1997). We conclude that Evans, Savage, Bradley, Brooks, and the 1991 version of section
947.1405(2) do not support tolling of Bolden's conditional-release supervision on the shotgun charge while he continued serving the incarcerative sentences for the aggravated assault and aggravated battery offenses, nor do they mandate that t...
...AS TOLLED, PURSUANT TO EVANS v. SINGLETARY,
737 So.2d 505 (Fla.1999), AND, IF SO, SHOULD THE DEPARTMENT ADD SUCH TOLLED TIME ONTO THE SENTENCE IN CALCULATING THE NEW RELEASE DATE? The petition is GRANTED. ALLEN, C.J., and KAHN, J., concur. NOTES [1] Section
947.1405 provides in pertinent part: (2) Any inmate who ......
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 4309, 2005 WL 708398
...Inasmuch as appellant's offense took place several years before October 1, 1995, the trial court categorically declined the Commission's invitation to apply an amended statute which "by the very terms of the amended statute .... applies only to an `inmate who is convicted of a crime committed on or after October 1, 1995.'" § 947.1405(7)(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 3397, 2008 WL 649610
...n Florida, and Its Ex Post Facto Implications, 26 FLA. ST. UNIV. L. REV. 361, 377 (1999). Owing to the former gain time laws, prisoners were serving little more than 40% of their actual sentences. Id. at 385. [2] See Ch. 88-122, § 19, Laws of Fla.; § 947.1405, Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 381, 2009 Fla. LEXIS 975, 2009 WL 1793375
...Women's Health & Counseling Services, Inc. v. State,
866 So.2d 612, 637-38 (Fla.2003). We should abandon the unworkable tolling analysis and rely instead on the plain meaning of the relevant statutory provisions. The Conditional Release Program Act, sections
947.1405-.141, Florida Statutes (1991), contains no provision suggesting that any inmate should ever be required to spend any time incarcerated by the Department of Corrections beyond the length of the sentence imposed....
...e a period of time equivalent to the amount of time by which the award of gain-time shortened the inmate's stay in prison. This understanding of the Act's operation flows from two critical statutory provisions. The first provision, which is found in section
947.1405(6), places a limitation on the length of conditional release supervision; the second provision, which is set forth in section
947.141(4), places a concomitant limitation on the forfeiture of gain-time and the length of incarceration following revocation of conditional release. Section
947.1405(6) provides that "[t]he length of [conditional release] supervision must not exceed the maximum penalty imposed by the court." This provision can only be reasonably understood as limiting the period of supervision to the unserved tim...
...In such a situation, the defendant is in fact serving time on all of the sentences, and would be entitled to credit for time served should he or she violate conditional release in the future. *220 NOTES [1] We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. [2] In 1997, section 947.1405(2) was amended by the addition of a provision that conditional release "supervision shall be applicable to all sentences within the overall term of sentences if an inmate's overall term of sentences includes one or more sentences tha...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 13197, 2012 WL 3192722
...Jackson is serving life sentences in these cases as a habitual felony offender. He contends that his life sentences are illegal because the lack of a term of years prevents the Department of Corrections from establishing a “tentative release date” for purposes of conditional release supervision under section 947.1405, Florida Statutes (1991)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 2986483
...y 1, 1999]." §
394.925, Fla. Stat. Appellant was returned to prison post-January 1, 1999, as a consequence of the Florida Parole Commission's revocation of his conditional release. The Conditional Release Program Act is governed by Florida Statutes section
947.1405....
...llow), these offenders are placed on supervision for the amount of time equal to the gain time they have accrued. If they violate their supervision, gain time is forfeited and the inmate is returned to prison to continue serving the sentence(s). See § 947.1405(2), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2004 WL 1836114
...Respondent Hershel Meadows' petition for *654 writ of prohibition. The trial court's order states: On August 27, 1999, [Meadows] reached the Tentative Release Date on his criminal sentences for two counts of Attempted Sexual Battery and pursuant to Section 947.1405, Florida Statutes, was placed on Conditional Release [1] supervision by the Florida Parole Commission....
...Releasee, which charged [Meadows] with violating his Conditional Release supervision by not participating in a sex offender treatment program. The instant dispute revolves around the intent of the Florida Legislature in their adoption of Fla. Stat. § 947.1405 ("Conditional Release Program Act") and whether in the adoption of this Conditional Release supervision scheme there was an intent on the part of the Florida Legislature to allow the Respondent to subject offenders who are civilly committed to the conditions included within the Conditional Release Program Act (CRPA)....
...ent of the Florida Legislature in regards to their drafting of the CRPA leads to this Court's determination that good cause exists to issue the present order prohibiting the Respondent from subjecting the Petitioner to the requirements of Fla. Stat. § 947.1405 while he is civilly committed within the custody of the Florida Department of Children and Families....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 4801, 2014 WL 1304999
...ustody, Crump was granted conditional release. Conditional release is a post-prison supervision program where an inmate is placed on community supervision for a period of time equal to the amount of gain time the prisoner earned while in prison. See § 947.1405, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 952, 2008 WL 239410
...*495 PER CURIAM. In this certiorari proceeding, Lorenzo Brooks (Appellant) challenges an order of the Palm Beach County circuit court which denied his petition for writ of habeas corpus, challenging as unconstitutional the conditional release statutes, sections
947.1405 and
947.141, Florida Statutes (2006)....
...esult in the revocation of his conditional release. However, we find this argument also to be without merit. When an inmate is placed on conditional release, the order of conditional release notifies the inmate of the conditions that will apply. See § 947.1405(6) ("If the commission determines that the inmate is eligible for release under this section, the commission shall enter an order establishing the length of supervision and the conditions attendant thereto.")....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 18395, 2009 WL 4282634
...District Court of Appeal of Florida, Second District. December 2, 2009. Ruben Velez, pro se. SILBERMAN, Judge. We affirm the order summarily denying Ruben Velez's postconviction motion that he styled as a motion for clarification. We write only to address the application of *809 section 947.1405(7), Florida Statutes (1995), which concerns conditional release supervision. Velez correctly contended that the 1995 version of section 947.1405(7), which provides for mandatory special conditions of conditional release supervision for inmates who meet certain criteria, does not apply to his 1990 offense. However, section 947.1405(6), Florida Statutes (Supp.1990), provides that "the commission shall conduct a review of the inmate's record for the purpose of establishing the terms and conditions of the conditional release....
...The commission may impose any special conditions it considers warranted from its review of the record." Thus, the Florida Parole Commission has discretionary authority to impose special conditions as part of an inmate's conditional release pursuant to section
947.1405(6). See Grace v. Fla. Parole Comm'n,
985 So.2d 1213, 1214 (Fla. 1st DCA 2008) (determining that pursuant to section
947.1405(6), Florida Statutes (Supp.1990), the Florida Parole Commission "had the discretionary authority to impose special sexual offender conditions on [the petitioner's] conditional release supervision"); see also Ortiz v....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 12171, 2004 WL 1845687
...the appellant would not have been entitled to such gain time regardless of his habitual felony offender status. See Ferguson v. State,
677 So.2d 968 (Fla. 3d DCA 1996). Furthermore, as the habitual felony offender statute also explicitly states that section
947.1405, Florida Statutes, applies to habitual felony offenders, the appellant's eligibility for conditional release is also unaffected by his habitual felony offender sentence....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 11238, 2009 WL 2448149
...rt case number 90-13954 (collectively "the 1990 cases"). The crime dates were February and January, 1990, respectively. Defendant-petitioner Ortiz was sentenced to nine years of incarceration. Subsequently he was released on conditional release. See § 947.1405, Fla....
...We therefore treat the notice of appeal as a petition for writ of certiorari. [4] Turning to the merits, we reject the defendant's argument on authority of the Grace decision, which explains that the Commission's discretionary authority for imposition of special conditions is found in subsection 947.1405(6), Florida Statutes (1990)....
...The defendant also argues that the Commission was without authority to place him on conditional release, and maintains that he has completed his sentence. That argument is without merit. The conditional release program was in effect at the time the defendant committed his crimes in 1990. Under section 947.1405, Florida Statutes (1989), release on conditional release is mandatory for inmates who qualify....
...Florida Parole Comm'n,
959 So.2d 753 (Fla. 1st DCA 2007), and King v. Florida Parole Comm'n,
898 So.2d 1100 (Fla. 1st DCA 2005). Those cases are not on point. In those cases the defendants claimed that the Parole Commission imposed the terms of subsection
947.1405(7), Florida Statutes, on defendants who committed their crimes prior to the effective date of subsection
947.1405(7). Neither case involved the question now before us, namely, whether the Commission has discretionary authority to impose special conditions under subsection
947.1405(6), Florida Statutes (1990)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 6161, 2008 WL 1883996
...No response required for respondent. PER CURIAM. Bernard Yearby petitions this court for a writ of certiorari seeking review of a circuit court order denying a petition for writ of habeas corpus wherein he challenged the constitutionality of the conditional release statute, section 947.1405, Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Conditional release is a post-prison supervision program
where an inmate is placed on community supervision for a
period of time equal to the amount of gain time the prisoner
earned while in prison. See § 947.1405, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 5776, 2007 WL 1146563
...Upon remand, Starling should be given an opportunity to amend his petition for writ of habeas corpus to add an allegation that his conditional release was unlawfully revoked based upon the violation of a curfew condition which is imposed for crimes "committed on or after October 1, 1995," section 947.1405(7)(a), Florida Statutes (2006), and his offense took place several years before that date....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2017 WL 1372099, 2017 Fla. App. LEXIS 5111
...Thus, incentivized gain
time applies equally to offenders with HFO and non-HFO status.
2 We are aware that HFO inmates who accrue incentivized gain time, upon release
from prison, are placed on supervision subject to the conditional release requirements
authorized by section 947.1405, Florida Statutes (2011), for the period of time equal to
their accrued gain time....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 16210, 2006 WL 2788214
...We have also determined that section
947.141(4), Florida Statutes (1989), provides no authority for forfeiture of gain time in this situation. Jefferson’s consecutive term of probation in 89-1175 had to be substituted for any conditional release supervision in 89-1166. §
947.1405(2), Fla....
...be substituted for the conditional release supervision”). The state has been unable to furnish any documents to show that Jefferson was on conditional release in case number 89-1166. We reject the state’s argument that the substitution clause of section 947.1405(2) did not apply to the probation in 89-1175 because it was “independent” from 89-1166....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 5935669, 2012 Fla. App. LEXIS 20328
...Johns County sentenced Mr. Greene to twenty-five years in prison as a habitual offender for trafficking in cocaine. The offense occurred in February 1992. 1 He served about fifteen years of this sentence before being released on conditional release in August 2007. See § 947.1405, Fla....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner was not to access the internet “until your sex offender
treatment program has completed a risk assessment and
approves and implements a safety plan for your access to the
internet.” Petitioner signed these conditions, but included the
caveats “under 947.1405 my offense date is 1991 I am not subject
to these conditions.” From 2010 to 2015, Petitioner was alleged
to have violated the conditions of his conditional release six
times....
...release by filing a petition for writ of habeas corpus in the circuit
court. In the petition, he argued that he had been placed on
conditional release for crimes he never committed. He also asked
the circuit court to “offer an opinion” on the mandatory language
in section 947.1405, Florida Statutes, noting that in Biller v.
State, 618 So....
...he Commission
violated his due process by imposing special conditions of
conditional release that applied to sexual predators. He argues
2
that because he committed his offenses in 1991 and is not a
sexual predator, section 947.1405(7), Florida Statutes, which
requires the imposition of special sexual offender conditions for
offenses committed after 1995, cannot apply to him....
...Florida Parole Commission,
985 So. 2d 1213, 1214-15 (Fla. 1st DCA 2008), where we found
that “[a]lthough the special sexual offender conditions imposed on
the petitioner are similar to the mandatory special sexual
offender conditions set forth in section
947.1405(7), Florida
Statutes (2005), the FPC’s discretionary authority under section
947.1405(6), Florida Statutes (1990), to impose any special
conditions it considers warranted based on its review of the
petitioner’s record was not limited in any way.” As in Grace, here
the Commission had the discretion to impose any sp...
...See also Biller,
618 So. 2d 734. The restrictions
on special conditions of probation do not apply to special
conditions of conditional release. By statute, the Commission
may impose any special conditions it deems warranted after a
review of an offender’s record. See §
947.1405(6), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 7619, 2002 WL 1071921
...Additionally on March 21, 1997, he was found to have violated probation and re-adjudicated guilty of the offenses in Case Nos. 88-183 and 88-118 and sentenced to prison. In July, 1999, Mosley was released from prison, but was placed on conditional release supervision, pursuant to section 947.1405, Florida Statutes (1988 Supp.) which provides: (2) Any inmate 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 3.98...
...Mosley then violated the conditions of his release in January, 2000. The conditional release was revoked and he was reincar-cerated. He now contends that the conditions of his release in July, 1999 were wrongfully imposed because his offenses did not qualify for conditional release under section'947.1405 and that he should be released....
...88-183. Following his release to probation after serving his first commitment to state-prison for Attempted Sexual Battery, he violated his probation, was readjudicated guilty, and received new commitments to state prison. The operative language of Section 947.1405, Fla....
...Adjudication of guilt of the crime forming the basis of the probation is only authorized if no adjudication of guilt has been made previously. The March 21, 1997 readjudication of guilt of the offenses in Case No. 88-183 was a nullity and could not qualify as the crimes prescribed by section 947.1405....
...When Mosley was released from prison in July, 1999, he was incorrectly placed on conditional release simply because the predicate crimes prescribed by the statute did not exist. He should have been released without the conditions imposed-under authority of section 947.1405 and therefore should not have been reincarcer-ated for having violated those conditions....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 8019, 2005 WL 1249217
...2d DCA Apr.1, 2005); but see David v. Meadows,
881 So.2d 653 (Fla. 1st DCA 2004) (reviewing by certiorari a matter similar to that in the present case without discussing the appellate court’s jurisdictional basis). . The Conditional Release Program Act is codified at section
947.1405, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 2218106, 2013 Fla. App. LEXIS 8133
...5th DCA 2009) (scoresheet error at time of resentencing not newly discovered fact excusing otherwise untimely motion for post-conviction relief under rule 3.850(b)); see also Dwyer v. State,
981 So.2d 606, 609 (Fla. 4th DCA 2008) (conditional release under §
947.1405 neither fact nor “newly discovered,” but instead an “application of long-standing statutory law”)....
CopyPublished | Florida 2nd District Court of Appeal
...ncurrently with his 1992
1 Conditional release is a postprison supervision program
where an inmate is placed on community supervision for a
period of time equal to the amount of gain time the prisoner
earned while in prison. See § 947.1405, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 6803, 2004 WL 1092143
...Although our scope of review is narrow, certiorari will lie to correct an erroneous determination that an inmate is subject to the conditional release program. See, e.g., Jongewaard v. State,
824 So.2d 1009 (Fla. 5th DCA 2002); Gove v. Florida Parole Commission,
816 So.2d 1150 (Fla. 1st DCA 2002). As it is relevant here, section
947.1405(2)(a), Florida Statutes, provides that conditional release is required for any inmate who commits a qualifying offense “and who has served at least one prior felony commitment at a state or federal correctional institution.” It i...
...ouse of correction is clearly recognized in Massachusetts case law. See, e.g., Commonwealth v. Gagnon, 387 Mass. 567 , 441 N.E.2d 753 (1982); Sheriff of Middlesex County v. Commissioner of Correction, 383 Mass. 631 , 421 N.E.2d 75 (1981). As we read section 947.1405(2)(a), the requirement that an inmate’s prior felony commitment be to a state or federal correctional institution is unambiguous....
...Auld,
450 So.2d 217 (Fla.1984). In such a case, there is no occasion to resort to other rules of statutory construction. See McLaughlin v. State,
721 So.2d 1170 (Fla.1998). On the basis of the foregoing, we conclude that the circuit court should have accorded section
947.1405(2)(a) its plain meaning and thus found that because Hayes had not served his prior felony commitment at a state or federal correctional institution, the Parole Commission was without statutory authority to subject him to conditional release supervision....
CopyPublished | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 39210, 2008 WL 2073910
...89-80 and 89-123, to run consecutively to each other, but to run concurrently with his other sentences. Ex. D; Ex. E. On February 7, 2002, having reached his release date, Petitioner Brown was released to conditional release supervision in accordance with Fla. Stat. § 947.1405, subject to terms and conditions, until January 26, 2019 (the maximum supervision date)....
...See also, Evans v. Singletary,
737 So.2d 505, 507 (Fla.1999) (explaining that Florida's Conditional Release program is a "probation-type program"); Lincoln v. Florida Parole Comm'n,
643 So.2d 668, 670 (Fla. 1st DCA 1994) (noting that pursuant to Florida statute section
947.1405, the Florida Parole Commission, charged with administering Florida's conditional release program, determines when an inmate will be conditionally released, what the terms and conditions of release shall be, whether those terms and co...
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 2729, 1997 WL 127246
...me, and revocation of their gain time in the event that they violate one or more conditions. Under the version of the Act that was in effect at the time of Cooper’s crimes, his release on only the category 3 and 4 crimes could be made conditional. § 947.1405(2)(a), Fla....
...as corpus and certify the following question as one of great public importance: WHEN AN INMATE WHO IS SERVING CONCURRENT SENTENCES IS RELEASED AFTER ACCRUING SUFFICIENT GAIN TIME AND HIS RELEASE ON ONE OR MORE OF THOSE SENTENCES IS CONDITIONAL UNDER SECTION 947.1405, FLORIDA STATUTES, IS HIS RELEASE STATUS REVOKED AS TO ALL THE CONCURRENT SENTENCES, INCLUDING THE SENTENCES IMPOSED FOR OFFENSES THAT DID NOT QUALIFY FOR CONDITIONAL RELEASE? GUNTHER, C.J., and GLICKSTEIN and DELL, JJ., concur.
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 10303, 2003 WL 21536969
...total expiration of his 1999 sentence, 3 he will be put on conditional release to serve out the remainder of his 1990 sentence. The length of the conditional release supervision is determined by the gain time he had earned on that 1990 sentence. See § 947.1405, Fla....
CopyPublished | District Court of Appeal of Florida
Stat. (2018) (emphasis added). In contrast, section
947.1405(2), Florida Statutes (2018), provides:
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 154, 1998 WL 4420
...In Heuring , the court held that once a prisoner is released from the remaining portion of his incarcerative term due to gain time, the remaining period of the sentence is extinguished. Neither of these involve release of a prisoner under the Conditional Release Act, section 947.1405, Florida Statutes, and accordingly they do not apply....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 2006, 2005 WL 415109
...y Services (the DCF) pursuant to the Jimmy Ryce Act 1 awaiting trial on the DCF’s petition for civil commitment. Williams alleged that at the same' time, he was subject to the conditions of conditional release imposed by the Commission pursuant to section 947.1405, Florida Statutes (2002) (the Conditional Release Program Act)....
...Broadly speaking, the DOC’s functions are ministerial, and the Commission’s functions are discretionary and quasi-judicial. As an inmate of the DOC approaches his release date, the Commission determines whether to place the inmate on conditional release, as well as the conditions thereof. § 947.1405(2). To aid the Commission in this function, the DOC is charged with interviewing the inmate, compiling relevant records, and making recommendations that the Commission is free to accept or reject. § 947.1405(5), (6)....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 1256, 2009 WL 386909
...n conditional release and therefore subject to supervision upon his early release from prison. Whitty further averred that he was unaware that he would be released subject to the provisions of conditional release until the actual day of his release. Section 947.1405(5), Florida Statutes (2003, 2004), requires that, within 180 days prior to an eligible inmate’s tentative release date or provisional release date, the inmate be interviewed in person by a representative" of the Department of Corre...
...The Department’s representative is then required to forward the inmate’s release plan to the Florida Parole Commission and to recommend to the Commission the terms and conditions of conditional release. Therefore, had the Department followed the strictures of section 947.1405(5), at a minimum, Whitty would have been aware that he was going to be released subject to the provisions of conditional release at a time considerably prior to the date of his actual release from prison....
CopyPublished | Florida 2nd District Court of Appeal
...Brinson represents the inverse of Taylor's case in that Brinson committed the offense
for which he was designated a PRR after being physically released from a DOC building
following a temporary confinement based on an alleged conditional release violation.
Id.; see also § 947.1405, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 12524, 2002 WL 1997979
...In 1999, Jongewaard was released on conditional release supervision. He was returned to prison in 2001 after his release was revoked, following the Commission’s determination that he had violated the terms of his conditional release. Conditional release is a creature of statute. Section 947.1405, Florida Statutes (1989), 1 provides, in pertinent part, that conditional release applies to: (2) Any inmate who is convicted of a crime committed on or after October 1, 1988, which crime is contained in category 1, category 2, categ...
...Flonda Parole Commission,
816 So.2d 1150 (Fla. 1st DCA 2002), the court explained: The statute clearly requires that to qualify for conditional release, an inmate, who is not an habitual or violent habitual offender or a violent career criminal or a sexual predator under section
947.1405(2)(b) or (c), must have been convicted of one of the qualifying crimes in section
947.1405(2)(a) and have served time for at least one prior felony....
...When Jongewaard was released from prison in 1999, because he did not have the requisite prior felony commitment required by the statute or the Commission’s rule, he was improperly placed on conditional release status. Accordingly, he should have been released without the conditions imposed pursuant to section 947.1405, and should not have been rein- *1012 carcerated for having violated those conditions....
CopyPublished | Florida 5th District Court of Appeal | 2001 WL 871385
...Oscar Gray appeals the denial of his petition for writ of habeas corpus. In July, 1999, the Parole Commission released Gray from custody after he served approximately six years of a 17.5 year sentence in the Department of Corrections and placed him on conditional release until *562 March 7, 2010 pursuant to section 947.1405(6), Florida Statutes (1988). In his petition for writ of habeas corpus, Gray sought to have section 947.1405(6) declared unconstitutional alleging that the statute authorizes the Parole Commission to exercise unbridled discretion to determine the length, conditions, and cost of supervision of conditional release and improperly delegates jud...
...The Parole Commission is an agency created within the executive branch, see Fla. Stat. §
20.32 (1988), and the constitution gives it, not the courts, the power to make parole determinations. See Harvin v. State,
690 So.2d 652, 653 (Fla. 1st DCA 1997). Supervised release under section
947.1405(6) is a Conditional Release program administered by the Parole Commission, which has been in effect for over ten years. See Rivera v. Singletary,
707 So.2d 326, 326-27 (Fla.1998); see also Duncan v. Moore,
754 So.2d 708, 710 (Fla.2000) (citations omitted) (holding that both section
947.1405(6) and section
947.146 did not violate the constitutions' prohibitions against double jeopardy, ex post facto, due process, equal protection, or cruel and unusual punishment)....
...e. See Rivera,
707 So.2d at 327. The Legislature has determined that habitual offenders and offenders who have committed certain types of violent offenses after having served a prior commitment to prison should receive supervision after release. See §
947.1405, Fla. Stat. (1999). This supervision should help these former inmates in bridging the gap between prison and the outside world. Duncan
754 So.2d at 710. The Parole Commission is the agency charged with the initial responsibility for interpreting section
947.1405, which it must then apply based upon the circumstances presented by a particular inmate's record. See Andrews v. Florida Parole Comm'n,
768 So.2d 1257, 1261 (Fla. 1st DCA 2000). We disagree with Gray's contention that section
947.1405(6) vests the Parole Commission with unlimited discretion to determine all conditions of release....
...However, the Legislature may not delegate the power to enact a law or the right to exercise unrestricted discretion *563 in applying the law. See id. ( citing B.H. v. State,
645 So.2d 987, 991-92 (Fla. 1994); Askew v. Cross Key Waterways,
372 So.2d 913, 924 (Fla.1978); Atlantic Coast,
47 So. at 969). Review of section
947.1405 reveals that the Legislature mandated numerous conditions of supervision for certain types of offenders and many of those conditions may be imposed by either the Parole Commission or the courts....
...re limited. [3] See Fla. Stat. §
947.141(4). These limitations demonstrate that the Parole Commission does not have unbridled discretion to determine the length, conditions, and cost of supervision for those on conditional release. We conclude that section
947.1405(6) does not violate the separation of powers provision under the logic of Harvin....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 9667, 1997 WL 484820
...Moreover, section
947.141(4) expressly provides that upon revocation of conditional release, the prisoner may be returned to prison to serve the sentence imposed. AFFIRMED. THOMPSON and ANTOON, JJ., concur. . The Conditional Release Program Act is contained in section
947.1405, Florida Statutes (1995).
CopyPublished | Florida 2nd District Court of Appeal | 36 Fla. L. Weekly Fed. D 1854
...On June 18, 2008, in anticipation of Jackson's impending release from prison, the State filed a petition for involuntary civil commitment pursuant to section
394.914, Florida Statutes (2007). While the commitment proceedings were pending, the Commission interviewed Jackson for possible conditional release pursuant to section
947.1405(5), Florida Statutes (2008)....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 4868, 36 Fla. L. Weekly Fed. D 747
...In reality, however, the one potentially applicable option, conditional release, see § 921.001(1 l)(e), Fla. Stat. (1989), does not apply to life sentences. This is because conditional release is dependent on the prisoner’s reaching a "tentative release date," § 947.1405(2), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 5466, 2002 WL 730732
...and Gove was returned to prison. Gove's petition for writ of habeas corpus was denied upon the trial court's finding that Gove had waived the right to challenge the legality of his conditional release once he accepted the benefits of early release. Section 947.1405(2), Florida Statutes (1997), provides, in pertinent part, that conditional release is appropriate for (2) Any inmate who: *1152 (a) Is convicted of a crime committed on or after October 1, 1988, and before January 1, 1994, and any in...
...Gove contends that the Commission misinterpreted his offense history and, based on that misinterpretation, improperly applied the provisions of the conditional release program to him. He concedes that his 1992 robbery conviction constitutes a category 3 offense subject to the provisions of section 947.1405(2)(a)....
...He contends that he never completed service of the robbery commitment until he was released on conditional release supervision. Further, he contends that his acceptance of conditional release did not constitute a waiver of his right to object to the impropriety of applying the provisions of section 947.1405 to him....
...Terms of conditional release are established by the Parole Commission, whereas probationary terms are a part of the sentence handed down by a court. Westlund,
637 So.2d at 55. Turning to the Commission's application of conditional release to Gove, we agree with Gove that, as a matter of statutory construction, section
947.1405(2) does not apply to him. The statute clearly requires that to qualify for conditional release, an inmate, who is not an habitual or violent habitual offender or a violent career criminal or a sexual predator under section
947.1405(2)(b) or (c), must have been convicted of one of the qualifying crimes in section
947.1405(2)(a) and have served time for at least one prior felony....
CopyPublished | Florida 2nd District Court of Appeal | 2005 WL 734983
...nt of Children and Family Services pursuant to sections
394.910 to
394.931, Florida Statutes (2001, 2002, 2003), commonly referred to as the Jimmy Ryce Act (the Ryce Act). The Appellees were also placed on conditional release supervision pursuant to section
947.1405, Florida Statutes (2001, 2002, 2003), [2] the Conditional Release Program Act (the Release Act)....
...reatest threat to the public safety of the groups of offenders under community supervision. Therefore, the Department of Corrections is to provide intensive supervision by experienced correctional probation officers to conditional release offenders. § 947.1405(8)....
...If a releasee fails to comply with the terms and conditions of supervision, the releasee will be returned to prison and his or her gain time will be forfeited. Id. The Release Act applies to specified types of offenders, including sexual predators. § 947.1405(2). Sexual predators are subject to the maximum level of supervision, with certain mandatory conditions, and the supervision continues through the end of the releasee's original court-imposed sentence. § 947.1405(6)....
