Category: Sentencing · Statute: F.S. 947.16 · Source: Florida Legislature
Understanding Parole Hearing (Pre-1983 Cases) in Florida
In Florida, parole was largely abolished for offenses committed on or after October 1, 1983, under the Sentencing Guidelines Act. Consequently, a parole hearing in Florida today is a highly specialized proceeding reserved almost exclusively for "pre-1983" cases—meaning inmates serving life sentences or long-term prison sentences for crimes committed before that cutoff date. These hearings are conducted by the Florida Commission on Offender Review (FCOR), formerly known as the Parole Commission, which retains the statutory authority under Florida Statute Section 947.16 to determine if these long-serving inmates can be safely transitioned back into society.
During these proceedings, the Commission establishes and reviews an inmate's Presumptive Parole Release Date (PPRD) based on objective scoring guidelines, institutional conduct, and input from victims or law enforcement. Unlike modern sentencing where inmates serve a fixed percentage of their terms under gain-time laws, these legacy inmates rely entirely on the Commission's periodic reviews. The hearings represent a critical legal distinction in Florida's justice system, separating the historical indeterminate sentencing model from the modern, structured sentencing guidelines that mandate truth-in-sentencing.
How Pre-1983 Parole Hearings Affect Bail
Because a parole hearing only applies to individuals who have already been tried, convicted, and sentenced to state prison, the concept of pretrial bail does not apply to the hearing itself. However, if a parolee is released and subsequently arrested for a new offense or a technical parole violation, they are typically held without bond. Under Florida law, a parole warrant triggers an automatic hold, meaning the individual cannot secure release through a bail bond until the Florida Commission on Offender Review conducts a revocation hearing to address the violation.