Category: Sentencing · Statute: F.S. 945.091 · Source: Florida Legislature
Understanding Work Release in Florida
In Florida, work release is a rehabilitative program overseen by the Florida Department of Corrections (FDC) under Section 945.091 of the Florida Statutes. This program transitions eligible state prison inmates back into society by allowing them to reside in community-based residential facilities while maintaining gainful employment. Inmates are permitted to leave the facility solely to work at approved job sites, earn a market-rate wage, and must immediately return to the facility at the end of their shifts. Participants are subject to strict supervision, drug testing, and curfew monitoring.
To qualify for the state work release program, an inmate must meet stringent statutory criteria, including being classified as minimum or medium custody and being within a specific window of their scheduled release date (typically within 12 months). While employed, inmates are required to pay for their subsistence (room and board) at the facility, fulfill court-ordered restitution, pay court costs, and send a portion of their earnings to support their dependents. This structured environment helps reduce recidivism by ensuring inmates have savings and stable employment upon their final release from custody.
How Work Release Affects Pretrial Bail
Work release is a post-conviction sentencing program and is not available to defendants seeking pretrial bail. Once a defendant is booked into a county jail, they must secure a bail bond or obtain a supervised pretrial release to maintain their employment. If a defendant cannot post bail and remains detained pending trial, they cannot participate in the state’s statutory work release program, as it is strictly reserved for individuals already convicted and sentenced to the custody of the Department of Corrections.