Florida Commission on Offender Review

Victims' Rights / Services

Overview

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

• Am I a victim?

  A victim, according to s. 960.03(14) Florida Statutes, is a person who suffers personal physical injury or death as a direct result of a crime; a person younger than 18 years of age who was present at the scene of a crime, saw or heard the crime, and suffered a psychiatric or psychological injury because of the crime but who was not physically injured; a person younger than 18 years of age who was the victim of a felony or misdemeanor offense of child abuse that resulted in a mental injury as defined by s. 827.03 but who was not physically injured; a person against whom a forcible felony was committed and who suffers a psychiatric or psychological injury as a direct result of that crime but who does not otherwise sustain a personal physical injury or death; or an emergency responder, as defined in and solely for the purposes of s. 960.194, who is killed answering a call for service in the line of duty.

• 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. The following rules also apply:

  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.

• Do I have a right to attend a hearing?

  Yes. A victim has the right to attend all hearings and speak at parole and conditional medical hearings. Families of victims are also entitled to attend and speak at the hearing. Written comments may be submitted for consideration prior to a conditional release hearing. Victims should be aware that anything they say at a public hearing becomes public record.

• Who else can attend a hearing?

  Other persons permitted to attend may include the inmate's family and friends, attorneys, members of the media (cameras and recording equipment are allowed), or any other interested party.

• Can someone accompany me to the hearing?

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

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

  If you are a victim of a crime in Florida, you have the right to provide input to the Commission during the deliberation process, whether parole or conditional medical release is being considered or terms and conditions for conditional release are being established. 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. All correspondence from victims is stamped confidential and becomes a permanent part of the inmate record.

• 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 Victims' Advocate. 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 Victims’ Services at (850) 487-3259.

• How will I know if an inmate is being released?

  For notification of inmate releases, contact our Victims' Services Office at
  4070 Esplanade Way, Tallahassee, FL 32399-2450
  or call (850) 487-3259 or toll-free 1-855-850-8196.
  You can also send e-mail victimsquestions@fcor.state.fl.us .

• Will the offender see me at the hearing?

  No. The offender WILL NOT be present at the hearing. In Florida, a representative of the Commission interviews the inmate at the institution. The results of the interview and the hearing examiner’s recommendation are forwarded to central office in Tallahassee. At the public hearing, the Commissioners will have already independently reviewed the inmate’s file and the written materials and will then hear from any scheduled speakers.

• Where will the hearing be held?

  In most cases, the hearing will be held in Tallahassee at the Commission’s headquarters. The Legislature provides some funding that allows the Commission to occasionally hold hearings in other major cities around the state.

• What if I do not want to attend a hearing?

  The decision to be present and/or speak at a parole or conditional medical release 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.

• Can I attend Clemency hearings?

  Yes. As a victim, you also have the right to participate in the clemency process. For more information, call 1-855-850-8196. Should you wish to contact a member of the Clemency Board, their names are listed on the Clemency page of this website.

Resources

Crime Victim Information:

• National Center for Victims of Crime
• NOVA (National Organization for Victim Assistance)
• Office of Justice Programs: Victim Services

State of Florida Victim Resources:

To locate the Commission’s final order on cases heard from July 15, 2015 to present, 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.

For information and assistance with inmates in the custody of the department:

Florida Department of Corrections Victim Services
Phone: (850) 488-9166 or
Toll-Free: 1-877-8-VICTIM (1-877-884-2846)
E-mail victim.services@fdc.myflorida.com

For information regarding crime victim compensation, the appeals process and additional resources:

Office of the Attorney General
Phone: (850) 488-0848 or
Toll-Free: 1-800-226-6667

To report abuse of children, the disabled, and the elderly:

Department of Children and Families Florida Abuse Registry
1-800-96-ABUSE (962-2873)

Community Resources:

• Florida Coalition Against Domestic Violence
  1-800-500-1119
• Florida Council Against Sexual Violence
  1-888-956-RAPE
• Mothers Against Drunk Driving
  1-800-772-6233
• National Human Trafficking Resource Center
  1-888-373-7888