Florida Commission on Offender Review

Inmate Supporters

What You Need to Know About Hearings

Click on a question below to expand and view the answer.

• What type of programs can an inmate be released under?

  Parole

  In 1983, under Sentencing Guidelines, the Commission retained paroling authority only for inmates whose offenses were committed prior to October 1, 1983. In addition, currently all inmates who committed:

  1. any inmate who committed a first degree murder, a felony murder, or the crime of making, possessing, throwing, projecting, placing, or discharging a destructive device (or the attempt of) prior to May 25, 1994;
  2. any inmate who committed all other capital felonies prior to October 1, 1995;
  3. any inmate who committed a continuing criminal enterprise (violation of s. 893.20, F.S.) prior to June 17, 1993;
  4. any inmate who committed a murder of a law enforcement officer (and other specified officers) prior to January 1, 1990;
  5. any inmate who committed a murder of a justice or judge prior to October 1, 1990;
  6. any inmate who committed a felony prior to October 1, 1983, or those elected to be sentenced “outside the guidelines” for felonies committed prior to July 1, 1984; and
  7. any inmate who received a habitual felony offender sentence prior to October 1, 1988 are eligible for parole consideration.

  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 at a state or federal correctional institution , or who are sentenced as a habitual offender, violent habitual offender, violent career criminal, or court designated 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 willful and substantial violation of supervision has occurred.

  Conditional Medical Release

  In 1992, the Florida Legislature created Conditional Medical Release (see Chapters 947, 948, and 960, Florida Statutes). This a discretionary release allowing the Commission to release inmates on supervision who the Florida Department of Corrections deem “terminally ill” or “permanently incapacitated” and who are not a danger to others. This supervision can be revoked and the releasee returned to prison if the Commission determines that a willful and substantial violation of supervision has occurred.

  Addiction Recovery Supervision

  In 2001 The Legislature created the Addiction Recovery Supervision Program and placed it under the Commission’s administration (see Chapters 944, 947, 948, Florida Statues).

  This program requires mandatory post-prison supervision for offenders released from a state correctional facility who have a history of substance abuse or addiction or have participated in any drug treatment, and have not been convicted of a disqualifying offense. 

  The law requires the Commission to set the terms and conditions of supervision, this supervision can be revoked and the releasee returned to prison if the Commission determines that a willful and substantial violation of supervision has occurred.

  Control Release

  In 1989, the Florida Legislature created the Control Release Authority (see Chapters 947 and 948, Florida Statutes). This program is a prison population management system administered by the Commission to maintain the prison population between  99 and 100 percent of its total capacity.

  The Commission does not currently review the inmate population for discretionary release under this authority as there are sufficient prison beds for the current prison population. There are, however, a small number of control releasees who are still under supervision. This supervision can be revoked and the releasee returned to prison if the Commission determines that a willful and substantial violation of supervision has occurred.

   

• Are hearings open to the public?

  Yes. Section 286.011, Florida Statutes, provides that all hearings of any board or commission or any state agency in the State of Florida, at which acts are to be taken, are declared to be public hearings, open to the public, and anyone may attend.

  Inmate’s family and friends, attorneys, members of the media (cameras and recording equipment are allowed), victims, and families of victims or any other interested party are entitled to attend. Visitors may speak in support or opposition of Parole and Conditional Medical Releases cases only. If you would like to speak, you must obtain prior written approval from the Chair, and requests to speak should be sent to the Office of the Commission Clerk 4070 Esplanade Way Tallahassee, FL 32399-2450.

   

• Can someone accompany me to the hearing?

  Yes. Anyone may attend parole hearings in the State of Florida.

• What if I don't want to attend a hearing?

  The decision to be present and/or speak at a parole hearing is entirely up to the individual. If you choose not to attend, you may submit a written statement, which will be considered by the voting Commissioners. You may also request an appointment with a member of the Commission or you may request only to be notified of the Commission’s decision.

• What can happen at a hearing?

  The Florida Commission on Offender Review can make one of the following decisions during a hearing:

  • Establish a presumptive parole release date (PPRD)
  • Make a reduction at a subsequent hearing
  • Make no change at a subsequent hearing
  • Extend the parole date at a subsequent hearing
  • Request additional information
  • Grant parole
  • Decline to authorize parole and suspend the PPRD
  • Extend the PPRD based on good cause
  • Grant or deny Conditional Medical Release
  • Establish terms and conditions of Conditional Release and Addiction Recovery

  In all parole cases, except the granting of parole, a subsequent interview will be established. That interview may be within 2 or 7 years. This is a discretionary decision and is based on the type of offense. Inmates convicted of:

  • Murder,
  • Attempted Murder,
  • Sexual Battery,
  • Attempted Sexual Battery,
  • Kidnapping,
  • Attempted Kidnapping,
  • Robbery, Burglary of a Dwelling, Burglary of a Structure or Conveyance, or Breaking and Entering, where a sexual act has been attempted or completed,
  • Attempted Robbery, Attempted Burglary of a Dwelling, Attempted Burglary of a Structure or Conveyance, or Attempted Breaking and Entering, where a sexual act has been attempted or completed,
  • those with a 25-year mandatory minimum provision, or
  • those with a court retained jurisdiction that has not been vacated, may be granted an extended interview date within 7 years. The initial extended interview date was sought by the Commission in 1997 and lengthened to 7 years in 2010 and expanded in 2013 to provide further consideration to victims and their families.

• How do I know when a hearing will be held?

  To find out the status of a specific case, please contact the Commission at 1-800-335-3396. If you already know the status of the inmate’s case and wish to appear and speak, you may call (850) 488-1293 to request permission or simply submit a request in writing to:

  The Florida Commission on Offender Review
  4070 Esplanade Way
  Tallahassee, FL 32399-2450
  Attn: Commission Clerk

  The Commission will provide written notification of the date, time, and location of the hearing.

  Any written correspondence submitted by a victim is considered confidential according to Florida's public record laws, s. 945.10, Florida Statutes.

  Commission Schedule & Agenda

• When will I be permitted to speak at a hearing?

  The Commission publishes an agenda listing all cases scheduled to be heard on that particular day. You will be assisted through the process by the Commission’s Inmate Family Coordinator. When the offender’s case is called, those in support of the inmate speak first. The victim(s), victim's family, or anyone in opposition will speak last. The Commission does not allow rebuttal of any testimony. If you would like to appear at a hearing, please contact the Office of the Commission Clerk at (850) 488-1293.

• How do I submit written correspondence in support of an inmate?

  If you are unable to attend or you choose not to attend a hearing, you may submit a written statement expressing your support of an inmate, which will be reviewed and considered by the voting Commissioners.  To do so, please review the following then click on the link below:

  Upon receipt of your e-mail, Commission staff will route your correspondence to the inmate’s file for the Commissioners review and consideration.  PLEASE NOTE:  You will not receive a written response to your e-mail submission.

  The inmate’s Name and DC Number MUST be included in all correspondence.   The inmate’s hearing date should be included if known.

  The inmate support e-mail address is to be used only to express support of an inmate’s possible release by the Commission on Offender Review.

  The e-mail address should not be used for any other inmate-related inquiries such as an inmate’s location, inmate banking or visitation procedures, or an inmate’s status in the revocation process.   

  InmatesSupporter@fcor.state.fl.us 

To locate the Commission’s final order on cases heard from July 15, 2015 to present may visit https://www.doah.state.fl.us/FLAIO/default.asp?pb=1&#other, and enter the inmate’s DC# in the “Agency Case No.” field to search for available documents.