Category: Sentencing · Statute: F.S. 947.1405 · Source: Florida Legislature
Understanding Post-Release Supervision in Florida
In Florida, post-release supervision—most commonly referred to under state law as Conditional Release—is a mandatory form of supervision governed by Section 947.1405 of the Florida Statutes. Unlike standard parole, which is discretionary, or probation, which is sentenced by a judge in lieu of prison, post-release supervision is a statutory requirement for specific categories of inmates. It applies to individuals convicted of violent crimes, sexual offenses, habitual felony offenses, or those with qualifying prior prison records. Upon completing their active prison terms, these individuals are legally required to serve the remainder of their sentence in the community under the strict supervision of the Florida Department of Corrections.
While on post-release supervision, releasees must strictly adhere to standard conditions such as maintaining employment, submitting to random drug testing, and reporting regularly to a supervising officer. For certain offenders, particularly those convicted of sexual offenses, the Florida Commission on Offender Review may impose severe special conditions, including electronic monitoring, active curfew restrictions, and mandatory treatment programs. Because this supervision is a continuation of the original prison sentence, any failure to comply with these terms does not result in a new arrest charge, but rather an immediate administrative warrant and potential return to state prison to serve the remaining balance of the sentence.
How Post-Release Supervision Affects Bail
When an individual on post-release supervision is arrested for a new offense, their eligibility for bail is severely impacted. Under Florida law, a new arrest constitutes an automatic violation of their release conditions. The Florida Commission on Offender Review will typically issue a no-bond warrant, meaning the individual cannot secure pretrial release or post bail for the violation. Even if a local judge sets a bond on the brand-new criminal charge, the active administrative warrant ensures the defendant remains detained in the county jail without bail until their revocation hearing is resolved.