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Florida Statute 944.291 | Lawyer Caselaw & Research
F.S. 944.291 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 944.291

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
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.

F.S. 944.291 on Google Scholar

F.S. 944.291 on Casetext

Amendments to 944.291


Arrestable Offenses / Crimes under Fla. Stat. 944.291
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.291.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HULL, v. W. MOORE,, 790 So. 2d 560 (Fla. Dist. Ct. App. 2001)

. . . . § 944.291(2), Florida Statutes (1989, 1991); Duncan v. Moore, 754 So.2d 708 (Fla.2000). . . .

ANDREWS, v. FLORIDA PAROLE COMMISSION, 768 So. 2d 1257 (Fla. Dist. Ct. App. 2000)

. . . The first thirty month sentence was subject to provisions of § 944.291, Fla. . . . Although DOC under section 944.291 is required to provide the Commission with the name and inmate identification . . . A related section, 944.291, restricts release of certain offenders by providing for their release only . . . Section 944.291 also requires DOC to certify to the Commission the names and identification numbers of . . .

B. DUNCAN, v. W. MOORE, 754 So. 2d 708 (Fla. 2000)

. . . See § 944.291(2), Fla. Stat. (1999). . . . has determined to be in need of further supervision after release”); see also §§ 947.1405, 944.28(1), 944.291 . . . See §§ 947.1405, 944.28(1), 944.291(2), Fla. Stat. (1989-1999). . . .

RIVERA, v. K. SINGLETARY,, 707 So. 2d 326 (Fla. 1998)

. . . similarly found in Gay, we find here that the Commission has broad authority under sections 947.1405, 944.291 . . . Section 944.291(2), Florida Statutes (1991), provides in pertinent part: Any prisoner who is convicted . . .

DOWDY, v. K. SINGLETARY, 704 So. 2d 1052 (Fla. 1998)

. . . Our decision in Green was based on sections 944.28(1) and 944.291, Florida Statutes (1987). . . . 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 . . . (codified at § 944.291, Fla. Stat. (Supp.1988)); id. § 92 at 572 (providing for effective date). . . . (codified at § 944.291, Fla. Stat. (1989)); id. § 20 at 2721 (providing for effective date). . . .

DAVIS, v. STATE, 698 So. 2d 1182 (Fla. 1997)

. . . . § 944.291, Fla.Stat. (1979). .The statute was subsequently amended to expressly include community control . . .

COOPER, v. FLORIDA PAROLE COMMISSION, 691 So. 2d 521 (Fla. Dist. Ct. App. 1997)

. . . . § 944.291, Fla. Stat. (1991); Heuring v. State, 559 So.2d 207 (Fla.1990). . . .

R. DEASON, v. STATE, 688 So. 2d 988 (Fla. Dist. Ct. App. 1997)

. . . Chapter 88-122, section 10, Laws of Florida, which subsequently appeared as section 944.291, Florida . . . But section 944.291 specifically defers to the provisions of chapter 947, Florida Statutes. . . . It is worthy of note that section 944.291 was not amended even when the requisites for conditional release . . .

T. LINCOLN, v. FLORIDA PAROLE COMMISSION,, 643 So. 2d 668 (Fla. Dist. Ct. App. 1994)

. . . relationship among three statutory provisions enacted or amended in 1988, codified as sections 775.084(4)(e), 944.291 . . . the same law that created the conditional release program amended the gain-time statute, as follows: 944.291 . . . section 947.1405(2)’s specific denomination of habitual offenders and from the provisions of section 944.291 . . . Under section 944.291, Florida Statutes (1988 Supp.), a prisoner sentenced as a habitual offender can . . . reason of gain-time allowances “under conditional release supervision as described in chapter 947.” § 944.291 . . .

HALIBURTON, v. STATE, 561 So. 2d 248 (Fla. 1990)

. . . The appellant was placed on mandatory conditional release (MCR) pursuant to section 944.291, Florida . . . shall such supervision extend beyond 2 years, as determined by the Parole and Probation Commission. § 944.291 . . .

HEURING, v. STATE, 559 So. 2d 207 (Fla. 1990)

. . . completed his sentence in full” was based upon this Court’s interpretation of sections 944.275, 944.28, and 944.291 . . .

BOLDEN, v. STATE, 557 So. 2d 630 (Fla. Dist. Ct. App. 1990)

. . . See § 944.291, Fla.Stat. (1987). . . .

STATE v. GREEN,, 547 So. 2d 925 (Fla. 1989)

. . . See § 944.291, Fla.Stat. (1987). . . .

EASTON, v. STATE, 472 So. 2d 1369 (Fla. Dist. Ct. App. 1985)

. . . Section 944.291, Florida Statutes (1983). See also Valdes v. . . .

TURNER, Jr. G. v. L. WAINWRIGHT, TURNER, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 379 So. 2d 148 (Fla. Dist. Ct. App. 1980)

. . . At the time of Turner’s mandatory conditional release in April 1976, Section 944.291, Florida Statutes . . . 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 . . . 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 . . .

WILLIAMS, v. STATE, 370 So. 2d 1164 (Fla. Dist. Ct. App. 1979)

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

IVORY, v. STATE, 364 So. 2d 878 (Fla. Dist. Ct. App. 1978)

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

DIVISION OF CORRECTIONS, STATE PAROLE AND PROBATION COMMISSION v. TAMARGO,, 329 So. 2d 422 (Fla. Dist. Ct. App. 1976)

. . . . § 944.291 (1975). . . . In his petition for habeas corpus, appel-lee contended that Fla.Stat. § 944.291 (1973), which purported . . . Under Fla.Stat. § 944.291 (1973) a prisoner released early because of statutory gain time was to “be . . . Fla.Stat. § 944.291(2) (1975) (Emphasis added). . . .

THOMPSON, v. L. WAINWRIGHT,, 328 So. 2d 487 (Fla. Dist. Ct. App. 1976)

. . . from applying to him, when he becomes eligible for release, the supervision restrictions of Section 944.291 . . . Appellant argues here that the Department has advised him of its intention to apply Section 944.291 to . . . Whether appellee will seek to apply Section 944.291 to appellant at the time of his release is, at present . . . If and when the Department attempts to apply Section 944.291 to the defendant, the writ will lie to decide . . . corroborates appellant’s assertion that the Department has communicated to him an intention to apply Section 944.291 . . .

E. BAKER, v. STATE, 270 So. 2d 424 (Fla. Dist. Ct. App. 1972)

. . . by which the sentence will be administered with respect to gain time and the provisions of Section 944.291 . . . Section 944.291, F.S.A., which was enacted in 1967, a convict may be released after serving his term . . .