PRR (Prison Release Reoffender)
PRR (Prison Release Reoffender) is a sentencing statute that calls for specific punishments if you commit a specific new criminal offense. Click here to read the statute. Here is a brief copy and paste from the PRR statute so you can see the specific language regarding who qualifies, before we discuss it further:
(9)(a)1. PRR “Prison releasee reoffender” means any defendant who commits, or attempts to commit:
d. Sexual battery;
f. Home-invasion robbery;
j. Aggravated assault with a deadly weapon;
k. Aggravated battery;
l. Aggravated stalking;
m. Aircraft piracy;
n. Unlawful throwing, placing, or discharging of a destructive device or bomb;
o. Any felony that involves the use or threat of physical force or violence against an individual;
p. Armed burglary;
q. Burglary of a dwelling or burglary of an occupied structure; or
r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5);
within 3 years after being released from a state correctional facility operated by the Department of Corrections or a private vendor or within 3 years after being released from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.
In other words you qualify under the PRR (Prison Release Reoffender) statute if you get out of prison and commit any of the offenses listed above.
WHAT HAPPENS WHEN YOU ARE DESIGNATED PRR (PRISON RELEASE REOFFENDER)?
Here is a Direct Copy/Paste from the Statute itself for Punishment under PRR (Prison Release Reoffender):
3. If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows:
a. For a felony punishable by life, by a term of imprisonment for life;
b. For a felony of the first degree, by a term of imprisonment of 30 years;
c. For a felony of the second degree, by a term of imprisonment of 15 years; and
d. For a felony of the third degree, by a term of imprisonment of 5 years.
In other words if you are PRR you must be sentenced to the MAXIMUM sentence for the offense for which you are arrested. In other words, the legislature calls for mandatory max punishment if you qualify under the PRR statute.
DO YOU GET GAIN TIME?
Here is a direct Copy/Paste from the Statute itself for whether you get gain time under PRR (Prison Release Reoffender):
(b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.
In other words, if you are PRR you do your sentence DAY FOR DAY. You must serve 100% of your time in jail. So for example, if you get out of prison for Grand Theft and you pick up a Aggravated Battery two years later you are doing 15 years in prison day for day.
IS THERE ANYWAY TO GET OUT OF PRR (PRISON RELEASE REOFFENDER)?
Here is a direct Copy/Paste from the Statute regarding whether there is anyway out of PRR (Prison Release Reoffender):
For every case in which the offender meets the criteria in paragraph (a) and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney.
In other words, the legislature has created a single loophole to get out of PRR (Prison Release Reoffender). That loophole in PRR is solely through the State Attorney. The judge does not have discretion under the Statute. Therefore you can’t plea to the bench in a PRR case and you must prepare a PRR case much more diligently and thoroughly than an average case because of what is on the line. An experienced criminal defense lawyer will help you to expose the flaws in the state’s case and help you to negotiate PRR (Prison Release Reoffender) in the best way possible.
When PRR (Prison Release Reoffender) is on the line you have too much to gamble not hiring an experienced criminal defense lawyer. Call the Smith & Eulo Law Firm now to talk to an Orlando Criminal Defense Lawyer. (407) 930-8912.
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