The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 947
FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE

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F.S. 947.1405

947.1405 Conditional release program.—

(1) This section and s. 947.141 may be cited as the “Conditional Release Program Act.”

(2) Any inmate who:

(a) Is convicted of a crime committed on or after October 1, 1988, and before January 1, 1994, and any inmate who is convicted of a crime committed on or after January 1, 1994, which crime is or was contained in category 1, category 2, category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure (1993), and who has served at least one prior felony commitment at a state or federal correctional institution;

(b) Is sentenced as a habitual or violent habitual offender or a violent career criminal pursuant to s. 775.084; or

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, including payment of the cost of supervision pursuant to s. 948.09. 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 conditional release supervision as provided herein. Effective July 1, 1994, and applicable for offenses committed on or after that date, the commission may require, as a condition of conditional release, that the releasee make payment of the debt due and owing to a county or municipal detention facility under s. 951.032 for medical care, treatment, hospitalization, or transportation received by the releasee while in that detention facility. The commission, in determining whether to order such repayment and the amount of such repayment, shall consider the amount of the debt, whether there was any fault of the institution for the medical expenses incurred, the financial resources of the releasee, the present and potential future financial needs and earning ability of the releasee, and dependents, and other appropriate factors. If any inmate placed on conditional release supervision is also subject to probation or community control, resulting from a probationary or community control split sentence within the overall term of sentences, the Department of Corrections shall supervise such person according to the conditions imposed by the court and the commission shall defer to such supervision. If the court revokes probation or community control and resentences the offender to a term of incarceration, such revocation also constitutes a sufficient basis for the revocation of the conditional release supervision on any nonprobationary or noncommunity control sentence without further hearing by the commission. If any such supervision on any nonprobationary or noncommunity control sentence is revoked, such revocation may result in a forfeiture of all gain-time, and the commission may revoke the resulting deferred conditional release supervision or take other action it considers appropriate. If the term of conditional release supervision exceeds that of the probation or community control, then, upon expiration of the probation or community control, authority for the supervision shall revert to the commission and the supervision shall be subject to the conditions imposed by the commission. A panel of no fewer than two commissioners shall establish the terms and conditions of any such release. If the offense was a controlled substance violation, the conditions shall include a requirement that the offender submit to random substance abuse testing intermittently throughout the term of conditional release supervision, upon the direction of the correctional probation officer as defined in s. 943.10(3). The commission shall also determine whether the terms and conditions of such release have been violated and whether such violation warrants revocation of the conditional release.

(3) As part of the conditional release process, the commission, through review and consideration of information provided by the department, shall determine:

(a) The amount of reparation or restitution.

(b) The consequences of the offense as reported by the aggrieved party.

(4) The commission shall provide to the aggrieved party information regarding the manner in which notice of any developments concerning the status of the inmate during the term of conditional release may be requested.

(5) Within 180 days prior to the tentative release date or provisional release date, whichever is earlier, a representative of the department shall review the inmate’s program participation, disciplinary record, psychological and medical records, criminal records, and any other information pertinent to the impending release. The department shall gather and compile information necessary for the commission to make the determinations set forth in subsection (3). A department representative shall conduct a personal interview with the inmate for the purpose of determining the details of the inmate’s release plan, including the inmate’s planned residence and employment. The department representative shall forward the inmate’s release plan to the commission and recommend to the commission the terms and conditions of the conditional release.

(6) The commission shall review the recommendations of the department, and such other information as it deems relevant, and may 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 release plan and recommendation. 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. However, an inmate who has been convicted of a violation of chapter 794 or found by the court to be a sexual predator is subject to the maximum level of supervision provided, with the mandatory conditions as required in subsection (7), and that supervision shall continue through the end of the releasee’s original court-imposed sentence. The length of supervision must not exceed the maximum penalty imposed by the court.

(7)(a) Any inmate who is convicted of a crime committed on or after October 1, 1995, or who has been previously convicted of a crime committed on or after October 1, 1995, in violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, and is subject to conditional release supervision, shall have, in addition to any other conditions imposed, the following special conditions imposed by the commission:

1. A mandatory curfew from 10 p.m. to 6 a.m. The commission may designate another 8-hour period if the offender’s employment precludes the above specified time, and such alternative is recommended by the Department of Corrections. If the commission determines that imposing a curfew would endanger the victim, the commission may consider alternative sanctions.

2. If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, child care facility, park, playground, designated public school bus stop, or other place where children regularly congregate. A releasee who is subject to this subparagraph may not relocate to a residence that is within 1,000 feet of a public school bus stop. Beginning October 1, 2004, the commission or the department may not approve a residence that is located within 1,000 feet of a school, child care facility, park, playground, designated school bus stop, or other place where children regularly congregate for any releasee who is subject to this subparagraph. On October 1, 2004, the department shall notify each affected school district of the location of the residence of a releasee 30 days prior to release and thereafter, if the releasee relocates to a new residence, shall notify any affected school district of the residence of the releasee within 30 days after relocation. If, on October 1, 2004, any public school bus stop is located within 1,000 feet of the existing residence of such releasee, the district school board shall relocate that school bus stop. Beginning October 1, 2004, a district school board may not establish or relocate a public school bus stop within 1,000 feet of the residence of a releasee who is subject to this subparagraph. The failure of the district school board to comply with this subparagraph shall not result in a violation of conditional release supervision. A releasee who is subject to this subparagraph may not be forced to relocate and does not violate his or her conditional release supervision if he or she is living in a residence that meets the requirements of this subparagraph and a school, child care facility, park, playground, designated public school bus stop, or other place where children regularly congregate is subsequently established within 1,000 feet of his or her residence.

3. Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the releasee’s own expense. If a qualified practitioner is not available within a 50-mile radius of the releasee’s residence, the offender shall participate in other appropriate therapy.

4. A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, a qualified practitioner in the sexual offender treatment program, and the sentencing court.

5. If the victim was under the age of 18, a prohibition against contact with children under the age of 18 without review and approval by the commission. The commission may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. The commission may not grant supervised contact with a child if the contact is not recommended by a qualified practitioner and may deny supervised contact with a child at any time. When considering whether to approve supervised contact with a child, the commission must review and consider the following:

a. A risk assessment completed by a qualified practitioner. The qualified practitioner must prepare a written report that must include the findings of the assessment and address each of the following components:

(I) The sex offender’s current legal status;

(II) The sex offender’s history of adult charges with apparent sexual motivation;

(III) The sex offender’s history of adult charges without apparent sexual motivation;

(IV) The sex offender’s history of juvenile charges, whenever available;

(V) The sex offender’s offender treatment history, including a consultation from the sex offender’s treating, or most recent treating, therapist;

(VI) The sex offender’s current mental status;

(VII) The sex offender’s mental health and substance abuse history as provided by the Department of Corrections;

(VIII) The sex offender’s personal, social, educational, and work history;

(IX) The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner;

(X) A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement;

(XI) The child’s preference and relative comfort level with the proposed contact, when age-appropriate;

(XII) The parent’s or legal guardian’s preference regarding the proposed contact; and

(XIII) The qualified practitioner’s opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child.

The written report of the assessment must be given to the commission.

b. A recommendation made as a part of the risk-assessment report as to whether supervised contact with the child should be approved;

c. A written consent signed by the child’s parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offender’s present legal status, past criminal history, and the results of the risk assessment. The commission may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact;

d. A safety plan prepared by the qualified practitioner, who provides treatment to the offender, in collaboration with the sex offender, the child’s parent or legal guardian, and the child, when age appropriate, which details the acceptable conditions of contact between the sex offender and the child. The safety plan must be reviewed and approved by the Department of Corrections before being submitted to the commission; and

e. Evidence that the child’s parent or legal guardian, if the parent or legal guardian is not the sex offender, understands the need for and agrees to the safety plan and has agreed to provide, or to designate another adult to provide, constant supervision any time the child is in contact with the offender.

The commission may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the commission that he or she has met the requirements of a qualified practitioner as defined in this section.

6. If the victim was under age 18, a prohibition on working for pay or as a volunteer at any school, child care facility, park, playground, or other place where children regularly congregate, as prescribed by the commission.

7. Unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program, a prohibition on viewing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offender’s deviant behavior pattern.

8. Effective for a releasee whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until a qualified practitioner in the offender’s sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offender’s accessing or using the Internet or other computer services.

9. A requirement that the releasee must submit two specimens of blood to the Department of Law Enforcement to be registered with the DNA database.

10. A requirement that the releasee make restitution to the victim, as determined by the sentencing court or the commission, for all necessary medical and related professional services relating to physical, psychiatric, and psychological care.

11. Submission to a warrantless search by the community control or probation officer of the probationer’s or community controllee’s person, residence, or vehicle.

(b) For a releasee whose crime was committed on or after October 1, 1997, in violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to conditional release supervision, in addition to any other provision of this subsection, the commission shall impose the following additional conditions of conditional release supervision:

1. As part of a treatment program, participation in a minimum of one annual polygraph examination to obtain information necessary for risk management and treatment and to reduce the sex offender’s denial mechanisms. The polygraph examination must be conducted by a polygrapher who is a member of a national or state polygraph association and who is certified as a postconviction sex offender polygrapher, where available, and at the expense of the releasee. The results of the examination shall be provided to the releasee’s probation officer and qualified practitioner and may not be used as evidence in a hearing to prove that a violation of supervision has occurred.

2. Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer.

3. A prohibition against obtaining or using a post office box without the prior approval of the supervising officer.

4. If there was sexual contact, a submission to, at the releasee’s expense, an HIV test with the results to be released to the victim or the victim’s parent or guardian.

5. Electronic monitoring of any form when ordered by the commission. Any person who has been placed under supervision and is electronically monitored by the department must pay the department for the cost of the electronic monitoring service at a rate that may not exceed the full cost of the monitoring service. Funds collected under this subparagraph shall be deposited into the General Revenue Fund. The department may exempt a person from the payment of all or any part of the electronic monitoring service cost if the department finds that any of the factors listed in s. 948.09(3) exist.

(8) It is the finding of the Legislature that the population of offenders released from state prison into the community who meet the conditional release criteria poses the greatest 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. Subject to specific appropriation by the Legislature, caseloads may be restricted to a maximum of 40 conditional release offenders per officer to provide for enhanced public safety and to effectively monitor conditions of electronic monitoring or curfews, if so ordered by the commission.

(9) The commission shall adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to implement the provisions of the Conditional Release Program Act.

(10) Effective for a releasee whose crime was committed on or after September 1, 2005, in violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the unlawful activity involved a victim who was 15 years of age or younger and the offender is 18 years of age or older or for a releasee who is designated as a sexual predator pursuant to s. 775.21, in addition to any other provision of this section, the commission must order electronic monitoring for the duration of the releasee’s supervision.

(11) Effective for a releasee whose crime was committed on or after October 1, 2008, and who has been found to have committed the crime for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the commission shall, in addition to any other conditions imposed, impose a condition prohibiting the releasee from knowingly associating with other criminal gang members or associates, except as authorized by law enforcement officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of criminal activity.

(12) In addition to all other conditions imposed, for a releasee who is subject to conditional release for a crime that was committed on or after May 26, 2010, and who has been convicted at any time of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a similar offense in another jurisdiction against a victim who was under 18 years of age at the time of the offense, if the releasee has not received a pardon for any felony or similar law of another jurisdiction necessary for the operation of this subsection, if a conviction of a felony or similar law of another jurisdiction necessary for the operation of this subsection has not been set aside in any postconviction proceeding, or if the releasee has not been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354, the commission must impose the following conditions:

(a) A prohibition on visiting schools, child care facilities, parks, and playgrounds without prior approval from the releasee’s supervising officer. The commission may also designate additional prohibited locations to protect a victim. The prohibition ordered under this paragraph does not prohibit the releasee from visiting a school, child care facility, park, or playground for the sole purpose of attending a religious service as defined in s. 775.0861 or picking up or dropping off the releasee’s child or grandchild at a child care facility or school.

(b) A prohibition on distributing candy or other items to children on Halloween; wearing a Santa Claus costume, or other costume to appeal to children, on or preceding Christmas; wearing an Easter Bunny costume, or other costume to appeal to children, on or preceding Easter; entertaining at children’s parties; or wearing a clown costume without prior approval from the commission.

(13) If a person who is transferred to the custody of the Department of Children and Families pursuant to part V of chapter 394 is subject to conditional release supervision, the period of conditional release supervision is tolled until such person is no longer in the custody of the Department of Children and Families. This subsection applies to all periods of conditional release supervision which begin on or after October 1, 2014, regardless of the date of the underlying offense.

(14) Effective for a releasee whose crime was committed on or after October 1, 2014, in violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition to any other provision of this section, the commission must impose a condition prohibiting the releasee from viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program. Visual or auditory material includes, but is not limited to, telephone, electronic media, computer programs, and computer services.

History.—s. 19, ch. 88-122; ss. 12, 17, ch. 89-531; ss. 11, 20, ch. 90-337; s. 2, ch. 91-225; s. 8, ch. 91-280; s. 14, ch. 92-310; s. 1, ch. 93-2; s. 4, ch. 93-277; s. 4, ch. 93-417; s. 2, ch. 94-121; s. 3, ch. 94-294; s. 5, ch. 95-264; s. 57, ch. 95-283; s. 64, ch. 96-388; s. 10, ch. 97-78; s. 1872, ch. 97-102; s. 1, ch. 97-308; s. 3, ch. 2000-246; s. 5, ch. 2001-124; s. 1, ch. 2004-55; s. 16, ch. 2004-371; s. 12, ch. 2005-28; s. 2, ch. 2005-67; s. 27, ch. 2008-172; s. 23, ch. 2008-238; s. 9, ch. 2009-63; ss. 10, 18, ch. 2010-92; s. 13, ch. 2014-4; s. 55, ch. 2016-24; s. 12, ch. 2016-104; s. 17, ch. 2017-115.

F.S. 947.1405 on Google Scholar

F.S. 947.1405 on Casetext

Amendments to 947.1405

Arrestable Offenses / Crimes under Fla. Stat. 947.1405

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 947.1405.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LARSON, v. STATE, 247 So. 3d 26 (Fla. App. Ct. 2018)

. . . See § 947.1405, Fla. Stat. (2008) ; Logan v. State, 964 So.2d 209 (Fla. 5th DCA 2007). . . .

HAMPTON, v. STATE, 217 So. 3d 1096 (Fla. Dist. Ct. App. 2017)

. . . prison, are placed on supervision subject to the conditional release requirements authorized by section 947.1405 . . .

DOE I, v. CITY OF PALM BAY,, 169 So. 3d 1211 (Fla. Dist. Ct. App. 2015)

. . . to the public when a sexual predator and sexual offenders moves into the City, and WHEREAS, Sections 947.1405 . . .

CRUMP, v. STATE, 137 So. 3d 1148 (Fla. Dist. Ct. App. 2014)

. . . See § 947.1405, Fla. Stat. (2008); Logan v. State, 964 So.2d 209 (Fla. 5th DCA 2007). . . .

SCHULTHEIS, v. STATE, 125 So. 3d 932 (Fla. Dist. Ct. App. 2013)

. . . State, 981 So.2d 606, 609 (Fla. 4th DCA 2008) (conditional release under § 947.1405 neither fact nor . . .

B. GREENE, v. TUCKER,, 113 So. 3d 45 (Fla. Dist. Ct. App. 2012)

. . . See § 947.1405, Fla. Stat. (1991). . . .

JACKSON, v. STATE, 96 So. 3d 980 (Fla. Dist. Ct. App. 2012)

. . . establishing a “tentative release date” for purposes of conditional release supervision under section 947.1405 . . .

WITCHARD, v. STATE, 68 So. 3d 407 (Fla. Dist. Ct. App. 2011)

. . . See, e.g., §§ 947.1405(10), 948.30(3), Fla. Stat. (2008). . In Johnson v. United. . . .

In COMMITMENT OF J. JACKSON. J. v., 77 So. 3d 651 (Fla. Dist. Ct. App. 2011)

. . . were pending, the Commission interviewed Jackson for possible conditional release pursuant to section 947.1405 . . .

CONIONILLI, v. STATE, 58 So. 3d 380 (Fla. Dist. Ct. App. 2011)

. . . is because conditional release is dependent on the prisoner’s reaching a "tentative release date," § 947.1405 . . .

MANUEL, v. STATE, 48 So. 3d 94 (Fla. Dist. Ct. App. 2010)

. . . See §§ 921.001(11), 944.275(2)(a), 947.1405, Fla. Stat. (1989). Accordingly, Mr. . . .

UNITED STATES v. FRANKLIN, 721 F. Supp. 2d 1229 (M.D. Fla. 2010)

. . . . § 947.1405 establishes the framework for the state’s conditional-release program. Fla. . . . Stat. § 947.1405(2) (2000); Logan v. State, 964 So.2d 209, 210 (Fla. 5th DCA 2007). . . . See id. §§ 947.1405(5), (6). . . . Stat. §§ 947.1405 and 947.141, even though it has amended that statute as well in unrelated respects. . . . Stat. §§ 947.1405(9) mention tolling. . Nor likely could it have. See Fla. . . .

VELEZ, v. STATE, 23 So. 3d 808 (Fla. Dist. Ct. App. 2009)

. . . We write only to address the application of section 947.1405(7), Florida Statutes (1995), which concerns . . . Velez correctly contended that the 1995 version of section 947.1405(7), which provides for mandatory . . . However, section 947.1405(6), Florida Statutes (Supp.1990), provides that “the commission shall conduct . . . authority to impose special conditions as part of an inmate’s conditional release pursuant to section 947.1405 . . . Parole Comm’n, 985 So.2d 1213, 1214 (Fla. 1st DCA 2008) (determining that pursuant to section 947.1405 . . .

G. ORTIZ, v. FLORIDA PAROLE COMMISSION,, 15 So. 3d 941 (Fla. Dist. Ct. App. 2009)

. . . See § 947.1405, Fla. Stat. (1989). . . . the Commission’s discretionary authority for imposition of special conditions is found in subsection 947.1405 . . . Under section 947.1405, Florida Statutes (1989), release on conditional release is mandatory for inmates . . . In those cases the defendants claimed that the Parole Commission imposed the terms of subsection 947.1405 . . . Florida Statutes, on defendants who committed their crimes prior to the effective date of subsection 947.1405 . . .

A. McNEIL, v. CANTY,, 12 So. 3d 215 (Fla. 2009)

. . . The Conditional Release Program Act, sections 947.1405-.141, Florida Statutes (1991), contains no provision . . . The first provision, which is found in section 947.1405(6), places a limitation on the length of conditional . . . Section 947.1405(6) provides that “[t]he length of [conditional release] supervision must not exceed . . . In 1997, section 947.1405(2) was amended by the addition of a provision that conditional release “supervision . . .

F. WHITTY, v. STATE, 5 So. 3d 724 (Fla. Dist. Ct. App. 2009)

. . . Section 947.1405(5), Florida Statutes (2003, 2004), requires that, within 180 days prior to an eligible . . . Therefore, had the Department followed the strictures of section 947.1405(5), at a minimum, Whitty would . . .

J. CHANDLER, v. STATE, 1 So. 3d 284 (Fla. Dist. Ct. App. 2009)

. . . first time on October 3, 2007, that he would be subject to conditional release pursuant to section 947.1405 . . . See § 947.1405(2), Fla. Stat. (2000); see Logan v. State, 964 So.2d 209, 210 (Fla. 5th DCA 2007). . . . See § 947.1405(5), (6). . . . See § 947.1405(2)(b). . . .

A. BARBER, v. STATE, 988 So. 2d 1170 (Fla. Dist. Ct. App. 2008)

. . . The Conditional Release Program Act is governed by Florida Statutes section 947.1405. . . . See § 947.1405(2), Fla. Stat. (1997). . . .

GRACE, v. FLORIDA PAROLE COMMISSION,, 985 So. 2d 1213 (Fla. Dist. Ct. App. 2008)

. . . Under section 947.1405, Florida Statutes (1990), the FPC had the discretionary authority “to impose any . . . In 1995, section 947.1405, Florida Statutes, was amended to require that the FPC impose special sexual . . . (6), Florida Statutes (2006), not retroactively applying section 947.1405(7), Florida Statutes (1995) . . . the petitioner are similar to the mandatory special sexual offender conditions set forth in section 947.1405 . . . (7), Florida Statutes (1995), the FPC’s discretionary-authority under section 947.1405(6), Florida Statutes . . .

KASISCHKE, v. STATE, 991 So. 2d 803 (Fla. 2008)

. . . similar cabining of section 948.03(5)(a)(7), Florida Statutes (1999), and sections 948.30(l)(g), and 947.1405 . . . See ch. 95-283, § 57, at 2687, Laws of Fla.; § 947.1405(7)(a)(7), Fla. Stat. (2007). . . . . Using the exact same language, the Legislature also amended section 947.1405 (7)(g) (postamendment section . . .

KENNEDY v. LOUISIANA, 554 U.S. 407 (U.S. 2008)

. . . . § 947.1405(7)(a)(2) (West Supp. 2008) (released sex offender with vietim under 18 prohibited from living . . .

BROWN, Sr. v. A. McNEIL,, 591 F. Supp. 2d 1245 (M.D. Fla. 2008)

. . . . § 947.1405, subject to terms and conditions, until January 26, 2019 (the maximum supervision date). . . . Parole Comm’n, 643 So.2d 668, 670 (Fla. 1st DCA 1994) (noting that pursuant to Florida statute section 947.1405 . . .

WAINWRIGHT, v. STATE, 983 So. 2d 635 (Fla. Dist. Ct. App. 2008)

. . . Section 947.1405, Florida Statutes (2007) establishes the conditional release program. . . . .” § 947.1405(8), Fla. Stat. (2007). . . .

L. DWYER, v. STATE, 981 So. 2d 606 (Fla. Dist. Ct. App. 2008)

. . . See §§ 947.1405, 947.141, Fla. Stat. (2000). . . .

YEARBY, v. FLORIDA PAROLE COMMISSION,, 980 So. 2d 592 (Fla. Dist. Ct. App. 2008)

. . . habeas corpus wherein he challenged the constitutionality of the conditional release statute, section 947.1405 . . .

A. HARRIS, v. A. MCNEIL,, 272 F. App'x 806 (11th Cir. 2008)

. . . 2000, petitioner was given a conditional supervised release from prison pursuant to Florida Statutes § 947.1405 . . .

J. SUTTON, v. FLORIDA PAROLE COMMISSION,, 975 So. 2d 1256 (Fla. Dist. Ct. App. 2008)

. . . .; § 947.1405, Fla. Stat. (2007). . . . .

BROOKS, v. FLORIDA PAROLE COMMISSION,, 974 So. 2d 494 (Fla. Dist. Ct. App. 2008)

. . . for writ of habeas corpus, challenging as unconstitutional the conditional release statutes, sections 947.1405 . . . See § 947.1405(6) (“If the commission determines that the inmate is eligible for release under this section . . .

S. LOGAN, v. STATE, 964 So. 2d 209 (Fla. Dist. Ct. App. 2007)

. . . determination that he was to be released from prison to conditional release supervision pursuant to section 947.1405 . . .

STARLING, v. FLORIDA PAROLE COMMISSION,, 959 So. 2d 753 (Fla. Dist. Ct. App. 2007)

. . . of a curfew condition which is imposed for crimes “committed on or after October 1, 1995,” section 947.1405 . . .

JEFFERSON, v. STATE, 937 So. 2d 833 (Fla. Dist. Ct. App. 2006)

. . . . § 947.1405(2), Fla. . . . We reject the state’s argument that the substitution clause of section 947.1405(2) did not apply to the . . .

FLORIDA PAROLE COMMISSION, v. SHILOH,, 906 So. 2d 313 (Fla. Dist. Ct. App. 2005)

. . . The Conditional Release Program Act is codified at section 947.1405, Florida Statutes. . . .

DOE, I, II, III, v. MILLER, J., 405 F.3d 700 (8th Cir. 2005)

. . . . § 947.1405(7)(a)(2) (“Any inmate convicted of [certain sexual crimes against minors] and ... subject . . .

PAROLE COMMISSION, v. N. SMITH, C., 896 So. 2d 966 (Fla. Dist. Ct. App. 2005)

. . . The Appellees' were also placed on conditional release supervision pursuant to section 947.1405, Florida . . . intensive supervision by experienced correctional probation officers to conditional release offenders. § 947.1405 . . . The Release Act applies to specified types of offenders, including sexual predators. § 947.1405(2). . . . and the supervision continues through the end of the releasee’s original court-imposed sentence. § 947.1405 . . .

KING, v. FLORIDA PAROLE COMMISSION,, 898 So. 2d 1100 (Fla. Dist. Ct. App. 2005)

. . . applies only to an ‘inmate who is convicted of a crime committed on or after October 1, 1995.’ ” § 947.1405 . . .

DEPARTMENT OF CORRECTIONS, v. WILLIAMS,, 901 So. 2d 169 (Fla. Dist. Ct. App. 2005)

. . . was subject to the conditions of conditional release imposed by the Commission pursuant to section 947.1405 . . . determines whether to place the inmate on conditional release, as well as the conditions thereof. § 947.1405 . . . compiling relevant records, and making recommendations that the Commission is free to accept or reject. § 947.1405 . . .

L. BARRS, v. STATE, 883 So. 2d 846 (Fla. Dist. Ct. App. 2004)

. . . Furthermore, as the habitual felony offender statute also explicitly states that section 947.1405, Florida . . .

DAVID, v. B. MEADOWS, a k a a k a a k a, 881 So. 2d 653 (Fla. Dist. Ct. App. 2004)

. . . Release Date on his criminal sentences for two counts of Attempted Sexual Battery and pursuant to Section 947.1405 . . . Stat. § 947.1405 (“Conditional Release Program Act”) and whether in the adoption of this Conditional . . . Stat. § 947.1405 while he is civilly committed within the custody of the Florida Department of Children . . .

S. HAYES, v. DAVID,, 875 So. 2d 678 (Fla. Dist. Ct. App. 2004)

. . . As it is relevant here, section 947.1405(2)(a), Florida Statutes, provides that conditional release is . . . As we read section 947.1405(2)(a), the requirement that an inmate’s prior felony commitment be to a state . . . On the basis of the foregoing, we conclude that the circuit court should have accorded section 947.1405 . . .

V. CROSBY, Jr. v. BOLDEN,, 867 So. 2d 373 (Fla. 2004)

. . . the Florida Parole Commission (FPC) and “must not exceed the maximum penalty imposed by the court.” § 947.1405 . . . State, 762 So.2d 1011 (Fla. 5th DCA 2000)], and the 1991 version of section 947.1405(2) do not support . . . Section 947.1405 does not directly address the issue, but its language plainly provides that supervision . . . See § 947.1405(8), Fla. Stat. (2003). . . . Section 947.1405(6) states "The length of supervision must not exceed the maximum penalty imposed by . . .

DOE I, II, III, v. MILLER, J., 298 F. Supp. 2d 844 (S.D. Iowa 2004)

. . . . § 947.1405(7)(a)(2) (released sex offender with victim under eighteen prohibited from living within . . .

MABREY, v. FLORIDA PAROLE COMMISSION,, 858 So. 2d 1176 (Fla. Dist. Ct. App. 2003)

. . . incentive gain time, Mabrey was released from custody in accordance with the provisions of sections 947.1405 . . .

ESPINDOLA, v. STATE, 855 So. 2d 1281 (Fla. Dist. Ct. App. 2003)

. . . are in the community by specially trained probation officers with low caseloads, as described in ss. 947.1405 . . .

L. WESLEY, v. STATE, 848 So. 2d 1231 (Fla. Dist. Ct. App. 2003)

. . . See § 947.1405, Fla. Stat. (1989). This scheme, argues Mr. . . .

BOLDEN, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 865 So. 2d 1 (Fla. Dist. Ct. App. 2003)

. . . Bolden was subject to conditional-release supervision for those three sentences pursuant to section 947.1405 . . . Moreover, section 947.1405(2), Florida Statutes (1991), which controls Bolden’s conditional-release supervision . . . Absent from the statute is the language that appears in the 1997 version of section 947.1405(2)(c) (footnote . . . We conclude that Evans, Savage, Bradley, Brooks, and the 1991 version of section 947.1405(2) do not support . . . ALLEN, C.J., and KAHN, J., concur. .Section 947.1405 provides in pertinent part: (2) Any inmate who . . . .

B. GIBSON, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 828 So. 2d 422 (Fla. Dist. Ct. App. 2002)

. . . See § 947.1405(2), Fla. Stat. (1993). . . .

W. MAYES J. v. W. MOORE,, 827 So. 2d 967 (Fla. 2002)

. . . See § 947.1405, Fla. Stat. (2001). . . . 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. . . . duties of: (f) Establishing the terms and conditions of persons released on conditional release under s. 947.1405 . . .

STALLWORTH, v. W. MOORE, L. v. W. v. v., 827 So. 2d 974 (Fla. 2002)

. . . SHAW and LEWIS, JJ., concur in result only. .The conditional release program, see § 947.1405, Fla. . . .

GILLARD, v. STATE, 827 So. 2d 316 (Fla. Dist. Ct. App. 2002)

. . . Under section 947.1405(6), Florida Statutes (1991), the Commission has jurisdiction over Gillard until . . .

JONGEWAARD, v. STATE, 824 So. 2d 1009 (Fla. Dist. Ct. App. 2002)

. . . Section 947.1405, Florida Statutes (1989), provides, in pertinent part, that conditional release applies . . . 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 . . . Accordingly, he should have been released without the conditions imposed pursuant to section 947.1405 . . .

MOSLEY, v. STATE, 820 So. 2d 395 (Fla. Dist. Ct. App. 2002)

. . . Mosley was released from prison, but was placed on conditional release supervision, pursuant to section 947.1405 . . . were wrongfully imposed because his offenses did not qualify for conditional release under section'947.1405 . . . The operative language of Section 947.1405, Fla. . . . offenses in Case No. 88-183 was a nullity and could not qualify as the crimes prescribed by section 947.1405 . . . He should have been released without the conditions imposed-under authority of section 947.1405 and therefore . . .

R. GOVE, v. FLORIDA PAROLE COMMISSION,, 816 So. 2d 1150 (Fla. Dist. Ct. App. 2002)

. . . Section 947.1405(2), Florida Statutes (1997), provides, in pertinent part, that conditional release is . . . that his 1992 robbery conviction constitutes a category 3 offense subject to the provisions of section 947.1405 . . . constitute a waiver of his right to object to the impropriety of applying the provisions of section 947.1405 . . . conditional release to Gove, we agree with Gove that, as a matter of statutory construction, section 947.1405 . . . (2)(b) or (c), must have been convicted of one of the qualifying crimes in section 947.1405(2)(a) and . . .

GRAY, v. STATE, 791 So. 2d 560 (Fla. Dist. Ct. App. 2001)

. . . Department of Corrections and placed him on conditional release until March 7, 2010 pursuant to section 947.1405 . . . In his petition for writ of habeas corpus, Gray sought to have section 947.1405(6) declared unconstitutional . . . Supervised release under section 947.1405(6) is a Conditional Release program administered by the Parole . . . See § 947.1405, Fla. Stat. (1999). . . . We disagree with Gray’s contention that section 947.1405(6) vests the Parole Commission with unlimited . . .

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

. . . Andrews’ complaint alleged, consistent with the Westlund interpretation of section 947.1405 as applied . . . It is clear to us that the statutes invoked, specifically, sections 944.275 and 947.1405, are simply . . . These duties, expressly imposed upon the Commission by the provisions of section 947.1405, require a . . . The language of section 947.1405(6), admonishing that the length of supervision “must not exceed the . . . Section 947.1405, the "Conditional Release Program Act,” provides, in paragraph (2), in its entirety, . . . ’s judgment today affirms dismissal of the claim based on the breach of duties sections 944.275 and 947.1405 . . . Under section 947.1405(6), Florida Statutes (1991), incarceration plus supervision on conditional release . . .

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

. . . See § 947.1405, Fla. Stat. (1999). . . . See § 947.1405, Fla. Stat. (1999). . . . See §§ 947.1405, 944.28(1), 944.291(2), Fla. Stat. (1989-1999). . . . See §§ 947.1405, 944.28(1), Fla. Stat. (1999). . . . See § 947.1405(2)(a), Fla. Stat. (1999). . . .

EVANS, v. K. SINGLETARY, 737 So. 2d 505 (Fla. 1999)

. . . See § 947.1405(2), Fla. Stat. (1997). . . .

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

. . . See § 947.1405, Fla. Stat. (Supp.1992). . . . See § 947.1405, Fla. Stat. (1997). . . . , as we similarly found in Gay, we find here that the Commission has broad authority under sections 947.1405 . . . See § 947.1405, Fla. Stat. . . . Section 947.1405, Florida Statutes (Supp. 1992), provides in pertinent part: (2) Any inmate who is convicted . . .

R. DEASON, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 705 So. 2d 1374 (Fla. 1998)

. . . , 1430,1438,1439, and 1567, which passed as chapter 88-122 and, among other things, enacted section 947.1405 . . . the portion of the analysis quoted by the majority supports the construction now placed upon section 947.1405 . . . Finally, the majority relies upon a 1995 amendment of section 947.1405(2) to justify its construction . . . 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 . . . CATEGORY 1, CATEGORY 2, CATEGORY 3 OR CATEGORY 4 CRIME QUALIFY FOR CONDITIONAL RELEASE PURSUANT TO SECTION 947.1405 . . . Department of Corrections, be released under supervision subject to specified terms and conditions .... § 947.1405 . . . hold that habitualization is a separate, free-standing criterion for conditional release under section 947.1405 . . .

A. EDWARDS, v. STATE, 705 So. 2d 943 (Fla. Dist. Ct. App. 1998)

. . . Neither of these involve release of a prisoner under the Conditional Release Act, section 947.1405, Florida . . .

PRESSLEY, v. K. SINGLETARY,, 724 So. 2d 97 (Fla. 1997)

. . . habeas corpus asserting that the respondents have erroneously calculated his release date under section 947.1405 . . . SUFFICIENT GAIN TIME AND HIS RELEASE ON ONE OR MORE OF THOSE SENTENCES IS CONDITIONAL UNDER SECTION 947.1405 . . . See § 947.1405(2), Fla. Stat. (1997). . . .

PAROLE COMMISSION, v. COOPER,, 701 So. 2d 543 (Fla. 1997)

. . . SUFFICIENT GAIN TIME AND HIS RELEASE ON ONE OR MORE OF THOSE SENTENCES IS CONDITIONAL UNDER SECTION 947.1405 . . . reaching the tentative release date or provisional release date ... be released under supervision .... § 947.1405 . . . In 1997, the legislature amended section 947.1405 to include the following sentence. . . .

FLEMING, v. STATE, 697 So. 2d 1322 (Fla. Dist. Ct. App. 1997)

. . . The Conditional Release Program Act is contained in section 947.1405, Florida Statutes (1995). . . .

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

. . . . § 947.1405(2)(a), Fla. Stat. (Supp.1992) (applies to category 1-4 crimes only). . . . SUFFICIENT GAIN TIME AND HIS RELEASE ON ONE OR MORE OF THOSE SENTENCES IS CONDITIONAL UNDER SECTION 947.1405 . . .

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

. . . 1430, 1438, 1439, and 1567, which passed as chapter 88-122 and, among other things, enacted section 947.1405 . . . the portion of the analysis quoted by the majority supports the construction now placed upon section 947.1405 . . . Finally, the majority relies upon a 1995 amendment of section 947.1405(2) to justify its construction . . . 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 . . . Department of Corrections on February 1, 1993, and placed on conditional release pursuant to section 947.1405 . . . His argument in the trial court concerned proper interpretation of section 947.1405(2), Florida Statutes . . . for CS/HBS 1574, 1422, 1430, 1438, 1439, and 1567 which passed as chapter 88-122 and enacted section 947.1405 . . . provided: Section 16 [later section 19] creates section 947.1405, F.S., the “Conditional Release Program . . . Also supporting the commission’s interpretation of the statute is a significant change made to section 947.1405 . . .

STATE v. WILL,, 645 So. 2d 91 (Fla. Dist. Ct. App. 1994)

. . . See §§ 947.1405, 947.146, Fla.Stat. (1993). . . .

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

. . . 1988, the Legislature adopted the Conditional Release Program Act (Act), since codified as section 947.1405 . . . Such a construction would give no effect either to applicable provisions of section 947.1405(2) or to . . . In 1993, the Legislature amended subsection 775.084(4)(e) to provide: “The provisions of s. 947.1405 . . . Section 947.1405(2), Florida Statutes makes the Act applicable to “[a]ny inmate who is convicted of a . . . ‘‘The length of supervision must not exceed the maximum penalty imposed by the court.” § 947.1405(6), . . .

BRAGGS, v. STATE, 642 So. 2d 129 (Fla. Dist. Ct. App. 1994)

. . . The conditional release program established by section 947.1405, Florida Statutes (Supp.1988), was made . . . Id. §§ 921.001(11), 947.1405. . . . .

WESTLUND, v. FLORIDA PAROLE COMMISSION, K., 637 So. 2d 52 (Fla. Dist. Ct. App. 1994)

. . . Commission and the Department of Corrections improperly applied the Conditional Release Program Act, section 947.1405 . . . (emphasis added). § 947.1405(2), Fla. Stat. (1991). . . . Section 947.1405(2), Florida Statutes (1991), provides: Any inmate who is convicted of a crime committed . . . .1989), subject only to successful completion of a period of conditional release required by section 947.1405 . . .

A. BELL, v. STATE, 573 So. 2d 10 (Fla. Dist. Ct. App. 1990)

. . . .-001(11)(e) and 947.1405, Florida Statutes (1989), and credit may affect the calculation of an early . . .