conditional release fromFlorida Department of Corrections

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conditional release fromFlorida Department of Corrections

Can the Florida Department of Corrections legally impose C.R.D. on inmates being released from prison making inmates serve earned gain time on probation even if sentencing judge implies no probation to follow? I am a first time offender, sentenced to 32 months D OC serving 85%. If I am released on c.r.d., i will in effect be serving 100% of my sentence. I feel this is wrong because while in prison, I had to work at an institutional job to be awarded gain time. Please respond.

Asked on April 15, 2009 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to review such policies with your probation officer and your criminal defense attorney.  Every situation is different and I cannot begin to speculate based on the facts given herein.  Here is a case you should review and then talk to your lawyer about it:

http://www.law.fsu.edu/library/flsupct/90128/90128rep2.pdf

It appears the question may be if this act by the FDC would have an ex post facto effect on your sentencing and probation.  So, contact your public defender.  If you had private counsel, contact him or her.  If no counsel now, try www.attorneypages.com and the Florida state bar.


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