Category: Sentencing · Statute: F.S. 947.1405 · Source: Florida Legislature
Understanding Conditional Release in Florida
In Florida, Conditional Release is a mandatory form of post-prison supervision governed by Section 947.1405 of the Florida Statutes. Unlike standard parole, which is discretionary, Conditional Release is required by law for inmates convicted of specific serious or violent crimes—such as sexual offenses, murder, kidnapping, or robbery—who earn early release through gain-time. When these qualifying inmates are released from the Florida Department of Corrections prior to the expiration of their sentence due to accrued gain-time, they do not walk free without supervision. Instead, they must serve the remainder of their remaining sentence in the community under strict supervision.
The Florida Commission on Offender Review (FCOR) determines the specific terms of this release, which can include electronic monitoring, drug testing, restitution, and mandatory counseling. Because the release is conditional, the individual's freedom is contingent upon absolute compliance with these terms. If a releasee violates any condition imposed by the Commission, their release can be revoked, and they may be returned to state prison to serve the entirety of their remaining sentence without any credit for the time they spent on supervision in the community.
How Conditional Release Affects Bail in Florida
When an individual on Conditional Release is arrested for a new criminal offense, their eligibility for bail is severely impacted. Under Florida law, a new arrest constitutes a violation of their release conditions, triggering an immediate warrant from the Florida Commission on Offender Review. Consequently, the defendant is typically held without bond on the violation warrant. Even if a local judge sets a reasonable bail amount on the new substantive charge, the active Commission warrant prevents the individual's release from jail, making standard bail bonding unavailable until the violation is resolved.
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