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  #1  
Old 05-16-2011, 04:00 PM
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Default Approved for conditional release? What is that exactly?

My bf finally saw his CO in reception and was given his 85% date, but was approved for conditional release. What does that mean exactly?
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Old 05-16-2011, 04:03 PM
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Originally Posted by RexSiChic View Post
My bf finally saw his CO in reception and was given his 85% date, but was approved for conditional release. What does that mean exactly?
I believe that means that he qualifies to be let out at 85%. Not everyone does.
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Old 05-16-2011, 04:10 PM
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I believe that means that he qualifies to be let out at 85%. Not everyone does.
So either he misunderstood his CO or there is something else going on, because he says "I get out March 22, but I am approved for conditional release, so maybe sooner. I could be home for Christmas". March 22nd is his 85% date.

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Old 05-16-2011, 05:46 PM
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I found this definition on an FDLE website:
Conditional Release - early release by executive decision from prison and whose release is contingent upon obeying specified rules of behavior
Conditional Release (recommended statistical terminology) - The release by executive decision from a federal or state correctional facility, of a prisoner who had not served his or her full sentence and whose freedom is contingent upon obeying specified rules of behavior.

https://www2.fdle.state.fl.us/cchinet/Dispexpl.aspx
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Old 05-16-2011, 06:10 PM
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When they get out at 85%, the time between their 85% date and their 100% sentence expiration date is considered "conditional release" time...like a kind of hyper-strict probation. Even if they don't have probation to serve they still have conditional release time to do until their 100% sentence date.
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Old 05-16-2011, 06:13 PM
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Originally Posted by NAN425 View Post
When they get out at 85%, the time between their 85% date and their 100% sentence expiration date is considered "conditional release" time...like a kind of hyper-strict probation. Even if they don't have probation to serve they still have conditional release time to do until their 100% sentence date.
So since he has 40 months of probation to do after he gets out, will that be concurrent, or will the probation start at the full 2 year mark? Just another thing to confuse me Why not just have his probation start whenever he gets out? He makes it seem like his CO gave him the impression he may be out by Xmas. He has some explaining to do once he calls
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Old 05-16-2011, 06:29 PM
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not everyone has that conditional release once they get out after they have served 85% of their time... only certain inmates get that conditional release. You are told it sometimes way prior to release and sometimes just before your release. There are inmates who once they get out, they are out free and clear.. no conditional release, no probation.. nothing.. they are done with their 85% sentence... my son will be one of them, thank God!


https://fpc.state.fl.us/Postrelease.htm

Conditional Release

In 1988, the Florida Legislature created the Conditional Release Program and placed it under the administration of the Commission (see Chapters 947, 948, and 960, Florida Statutes). Conditional Release requires mandatory post-prison supervision for inmates who are sentenced for certain violent crimes and who have served a prior felony commitment, or who are sentenced as a habitual offender, violent habitual offender , violent career criminal, or sexual predator. Unlike parole, conditional release is not discretionary release. Upon release from prison, inmates who are subject to conditional release are supervised for a period of time equal to the gain-time that they received in prison. These offenders are subject to strict conditions of supervision set by the Commission and this supervision can be revoked and the releasee returned to prison if the Commission determines that a violation of supervision has occurred .

The Commission is proposing a post release reintegration program for FY 2010-2011. The goal will be to reduce the recidivism of offenders on conditional release.
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Old 05-16-2011, 06:35 PM
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for inmates who are sentenced for certain violent crimes and who have served a prior felony commitment, or who are sentenced as a habitual offender, violent habitual offender , violent career criminal, or sexual predator.

I came across that info as well, but he wasn't sentenced under any of those I'm at a loss until he calls or writes more about it.
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Old 05-16-2011, 06:36 PM
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There are previous threads about conditional release as not everyone qualifies, but I'm not finding them right now. I'll keep looking and post a link if I find anything.

Edit: Rex, you posted while I was searching for the info. I'll keep looking for the old threads.
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Old 05-16-2011, 06:39 PM
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Originally Posted by RexSiChic View Post
for inmates who are sentenced for certain violent crimes and who have served a prior felony commitment, or who are sentenced as a habitual offender, violent habitual offender , violent career criminal, or sexual predator.

I came across that info as well, but he wasn't sentenced under any of those I'm at a loss until he calls or writes more about it.
is he "sure" he was told conditional release then? or maybe he was just told he qualifies for gain time.. he needs to double check it if he doesn't fall into none of the categories that are listed for conditional release.
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Old 05-16-2011, 06:40 PM
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Prior felony committment is also a criteria for conditiona release. Has he been in prison before?
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Old 05-16-2011, 07:11 PM
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Prior felony committment is also a criteria for conditiona release. Has he been in prison before?

He's never been in jail or prison before. Never been in ANY trouble before. He was arrested for this on 7/10/09. Sometime after his arrest, the current gf pulled some bs about stealing from her and pawning jewelry on 6/24/09, when she was in the pawn shop with him and took the stuff off. The day before the 7/09 offense, she turned the whole group in and got a restraining order, I'm sure so she wouldn't get in trouble. He wasn't charged with the pawn issues until he bonded out for the offense from July. He was placed on 1 year of probation for the pawn offense. Part of his current sentencing was that he was considered a first time non-violent offender. It's an odd situation.

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Old 05-16-2011, 07:58 PM
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http://www.dc.state.fl.us/pub/annual...s/stat_cs.html

Quote:
An inmate sentenced to murder/manslaughter, sexual offenses, robbery or other violent personal crimes, and who has a previous commitment to a state or federal institution or has been convicted as a Habitual Offender or Sexual Predator, meets the criteria for conditional release. Upon reaching the release date with accrued gaintime, an inmate is placed on conditional release to serve up to the remainder of the length of sentence. A conditional release eligible inmate often accrues less gaintime than other inmates due to the nature of the offense. Conditional release is not technically an early release mechanism as it merely provides for post-release supervision for those considered serious offenders for up to the amount of gaintime accrued.
So I would assume this does not apply to him.
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Old 05-16-2011, 11:59 PM
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23-23.006 Conditional Release Definitions.
(1) Chair – is the Chair of the Florida Parole Commission.
(2) Conditional Release – means the release of:
(a) Any inmate who is convicted of a crime committed on or after October 1, 1988, but prior to October 1, 1989; and
1. Which crime is contained in category 1, 2, 3, or 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who has served at least one prior felony commitment at a state or federal correctional institution; or
2. Is sentenced as a habitual or violent habitual offender pursuant to Section 775.084, F.S.; and
upon reaching the tentative release date as established by the Department of Corrections, will be released under supervision subject to specified terms and conditions established by the Commission for such release.
(b) Or an inmate who is convicted of a crime committed on or after October 1, 1989; and
1. Which crime is contained in category 1, 2, 3, or 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who has served at least one prior felony commitment at a state or federal correctional institution; or
2. Is sentenced as a habitual or violent habitual offender pursuant to Section 775.084, Florida Statutes, and;
upon reaching the tentative release date or provisional release date, whichever is earlier, established by the Department of Corrections, will be released under supervision subject to specified terms and conditions established by the Commission for such release. In the event any inmate placed on conditional release supervision is also subject to probation or community control, the inmate will be determined to be ineligible for conditional release supervision and the Department of Corrections shall supervise such person according to the conditions imposed by the court.
(3) Conditional Releasee – means an inmate placed on conditional release supervision.
(4) Conditional Release Date – means the date an inmate is placed on conditional release supervision.
(5) Conditional Release Officer – means the person assigned to provide supervision for the conditional releasee.
(6) Conditional Release Voting Panel – means a panel of no fewer than two Commissioners, empowered to set, modify or terminate terms and conditions of supervision for inmates serving conditional release eligible sentences.
(7) Early Termination of Conditional Release Supervision – means a Commission Action discharging a conditional releasee from the terms and conditions of conditional release prior to the established expiration date of conditional release supervision.
(8) Habitual Offender – means an inmate the court has found and sentenced as a habitual offender pursuant to Florida Statutes.
(9) Habitual Violent Felony Offender – means an inmate the court has found and sentenced as a habitual violent felony offender pursuant to Florida Statutes.
(10) Parole Examiner – means an employee of the Florida Parole Commission who performs the following conditional release functions:
(a) Conducts interviews of eligible inmates committed to the Department of Corrections and submits the case material with a professional case analysis and recommendation to the Commission;
(b) Conducts violation hearings and makes findings of fact and recommendations to the Commission;
(c) Conducts investigations regarding restitution or reparation and other relevant consequences of the offense.
(d) Performs other related duties as assigned by the Chair.
(11)(a) Felony Commitment – means the incarceration portion of a prison sentence for a felony offense resulting from a Uniform Commitment to Custody of the Department of Corrections or the incarceration portion of a prison sentence for a felony offense served in any other state or federal correctional institution.
(b) Prior Felony Commitment – means any felony commitment served prior to a subsequent felony commitment even though both may have resulted from the same criminal offense.
(12) Provisional Release Date (PRD) – is the projected release date computed by the Department of Corrections based upon length of sentence reduced by gain time and provisional release credits.
(13) Release Plan – is the plan provided by the inmate for residence and employment when scheduled for release by Conditional Release with the requirement for a term of supervision.
(14) Revocation of Conditional Release – means the order of the Commission entered after a conditional releasee has been found to have violated one or more conditions of the conditional release, and requires the releasee’s return to prison to resume service of sentence.
(15) Sexual Predator – means each offender who is convicted, on a current offense committed on or after October 1, 1993, of, or is found to have committed, regardless of adjudication, or pleads guilty or nolo contendere to:
(a) Any capital, life, or first degree felony violation of Chapter 794 or Section 847.0145, Florida Statutes, or of a similar law of another jurisdiction; or
(b) Any second degree or greater felony violation of Chapter 794, Section 880.04, 827.071, or 847.0145, Florida Statutes, or of a similar law of another jurisdiction, and who has previously been convicted of or found to have committed, regardless of adjudication, or has pled nolo condendere or guilty to, any violation of Section 794.011(2), (3), (4) or (5), 794.023, 794.041(2)(a) or (b), 800.04, 827.071, 847.0133, or 847.0145, Florida Statutes, or of a similar law of another jurisdiction; and
(c) The court has made a written finding that the offender is a sexual predator.
(16) Tentative Release Date (TRD) – is the projected release date computed by the Department of Corrections based upon length of sentence reduced by applicable gain time.
(17) Vacate – means to set aside any conditional release order.
(18) Violation Hearing For Conditional Release – is a hearing provided to a conditional releasee under warrant and conducted by the Commission, a Commissioner, or a duly authorized representative of the Commission, to determine factually whether the conditional releasee has violated the terms and conditions of his release. A report, with the hearing officer’s findings of fact and recommendation, is then submitted to the Commission for determination of further action to be taken.
(19) Warrant – means a document executed by any member of the Commission which will cause the arrest and detention of a conditional releasee pending further action by the Commission.
Specific Authority 947.07, 947.1405(9) FS. Law Implemented 947.1405(2)(a) FS. History–New 10-20-91, Amended 1-5-94, 5-29-02.
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Old 05-23-2011, 06:17 PM
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He's never been in jail or prison before. Never been in ANY trouble before. He was arrested for this on 7/10/09. Sometime after his arrest, the current gf pulled some bs about stealing from her and pawning jewelry on 6/24/09, when she was in the pawn shop with him and took the stuff off. The day before the 7/09 offense, she turned the whole group in and got a restraining order, I'm sure so she wouldn't get in trouble. He wasn't charged with the pawn issues until he bonded out for the offense from July. He was placed on 1 year of probation for the pawn offense. Part of his current sentencing was that he was considered a first time non-violent offender. It's an odd situation.
First off, have you found out that it is conditional release? if so, maybe it is because there has been a restraining order out on him before.. that makes him "violent" per-say... maybe that is why then???? I don't know, but possible??????
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Old 05-23-2011, 06:44 PM
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this ridiculous restraining order was never mentioned during anything from arrest to reception. It was just brought up at Gulf, after the conditional release was mentioned. I just found out the girl had done it to another guy a few years earlier. She did it because she turned everyone in and waited until the day before it took place. Anyway...he mentioned this release business again last night, and he is very adamant in the fact that his CO told him whatever this conditional release thing is that he is eligible for he has a chance of being out even earlier. I have gone over everything posted on here and what I have found on the web, but he swears that's what his CO told him including possibly being out before Christmas. I'm not holding my breathe, but at the same time, he is SO adamant that he was told this, I don't want to keep "arguing" with him about what the term conditional release really means. Perhaps what he is supposedly eligible for is called something else and he is using the wrong words. He already has 40 months probation after release, so it's not like he's scott free once he gets out.
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Old 05-24-2011, 05:06 PM
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If the restraining order was mentioned and the conditional release was mentioned, them maybe they do have something to do with each other. That is the only logical thing I can think of .. but sometimes DOC isn't logical.. so it might not be I would just sit tight and wait to see what happens. I would not get my hopes up on him getting out early in the event he doesn't. If he does, then that would be great, if he doesn't, then you aren't let down..
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Old 05-24-2011, 05:16 PM
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so the plot thickens....he just called and said he was served with his probation paperwork. Evidently they forgot to do that during sentencing, so he had to sign it. Now he is NOT eligible for whatever this conditional mumbo jumbo was. And his expected release date went from the 85% date in March to sometime in April when he will get his days for March and have gained enough time to be at 85%.....so damn confusing!!
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Old 05-27-2011, 06:59 PM
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My hubby wrote to me from Rmc west and told me he saw his CO and they gBe him his 85% date which moved him from August 2013 to April 2013
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Old 05-30-2011, 03:27 PM
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You know, you can always call and ask yourself.
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Old 05-31-2011, 07:00 PM
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Quote:
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so the plot thickens....he just called and said he was served with his probation paperwork. Evidently they forgot to do that during sentencing, so he had to sign it. Now he is NOT eligible for whatever this conditional mumbo jumbo was. And his expected release date went from the 85% date in March to sometime in April when he will get his days for March and have gained enough time to be at 85%.....so damn confusing!!
you really do not want him out on that conditional release.. it is like house arrest almost. If he was getting conditional release, he would have gotten his 85% with the conditions "attached" to the release.. without that conditional release and getting 85% means that he will get out with 85% and be free and clear of that conditional attachment... so it is actually better. He wasn't going to get out prior to the 85% date.. he was getting strict conditions for the time out until his 100% was completed.. then he would really be "free".. if this makes any sense to you...
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Old 05-31-2011, 07:40 PM
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you really do not want him out on that conditional release.. it is like house arrest almost. If he was getting conditional release, he would have gotten his 85% with the conditions "attached" to the release.. without that conditional release and getting 85% means that he will get out with 85% and be free and clear of that conditional attachment... so it is actually better. He wasn't going to get out prior to the 85% date.. he was getting strict conditions for the time out until his 100% was completed.. then he would really be "free".. if this makes any sense to you...

This is actually how I explained it to him several times, but whatever his CO told him made him think it meant getting out earlier than 85%. He said because of this stupid restraining order he isn't eligible for it anymore, which makes no sense. He has 40 months probation anyway, so regardless he's still under supervision when he gets out. I'm just glad whatever it is it is now a thought in the past and we can move onto the next ridiculous idea that gets put in his head
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Old 06-01-2011, 08:12 PM
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There is no way he was getting out before his 85%.. that is sort of like a State law.. the only ones that get out before that are the youthful offenders who do the boot-camp program.. His CO might have made it sound that way, but he wasn't getting out earlier than the 85%.. no sense trying to make him understand, he is going to want to think what he wants at this point.. in time he will understand what you were trying to explain..
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Old 06-01-2011, 08:20 PM
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well, he finally got to talk to his father today. Evidently his attorney is going to do his best to get this restraining order dropped, and if it does, he can at least get into a work camp. Once again, I'm not getting my hopes up....but who knows. At least he is in better spirits and is finally coming to terms with everything. He was given a job inside and seems to be at his happiest so far.
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Old 06-01-2011, 08:30 PM
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Quote:
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well, he finally got to talk to his father today. Evidently his attorney is going to do his best to get this restraining order dropped, and if it does, he can at least get into a work camp. Once again, I'm not getting my hopes up....but who knows. At least he is in better spirits and is finally coming to terms with everything. He was given a job inside and seems to be at his happiest so far.
It is an adjustment and it will take time.. for both you and him.. It would be great if the RO gets dropped.. that would help with going to a work camp later and going to a WRC when he gets down lower in his sentence..
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