Prison Release Reoffender in Florida: Defining Release
Prison Release Reoffender explained: In Florida, the Prison Release Reoffender Act basically says that if you are released from prison and commit a qualifying offense within 3 years of your release then you are PRR eligible.
Day for Day Sentence:
Prison Release Reoffender requires that you serve your sentence day for day and for the maximum allowed under the statute. In other words, if you are PRR for an f2 (15 year felony) you will be sentenced to 15 years day for day unless the state offers a plea agreement or unless the case is dismissed/you win at trial.
Defining the word Release:
In theory the concept of prison release reoffender is simple. You get out of prison and for the next 3 years you can’t pick up a new qualifying offense otherwise you’re Prison Release Reoffender qualified. However, parole makes determining the actual release more difficult. PRR requires that you are actually released from a prison sentence, not released from parole, or a temporary hold that may have been placed on an inmate because of a breach of parole status.
Elaborating on PRR:
Brinson v. State, 851 so.2d 815, is a good example of how prison release reoffender depends heavily on the actual release. In Brinson, the Defendant went to prison under a PRR statute. However, the Defendant appealed, arguing that he was not actually PRR. The Appeal argued that the Defendant was released, placed on parole, and then rearrested and detained for a parole violation. Further, he states that his subsequent release was merely a release from the temporary detainment placed on him as a result of the parole violation.
The 2nd District Court of Appeals stated that the word “release” means actual release from a state prison sentence, not release from a temporary confinemnt that happens to be in state prison. Therefore, if the record was consistent with Brinson’s argument, i.e. that the Board had taken no action and he was released merely from parole and not from an actual prison sentence, then the Defendant would NOT QUALIFY under the Prison Release Reoffender Statute.
A defendant may not actually qualify for PRR, even if they were released from prison and committed a crime within 3 years. Looking at the nature of the release is critical. It’s important to look at whether the release was from the actual sentence, or the release was from a parole or temporary detainment.