View Full Version : gaintime -> probation?


so_hurt
12-21-2006, 01:05 PM
does an inmate always have to do his gaintime as "probation"???
does anyone know?

I mean, let's say someone was sentenced to 10 years and gets all his gaintime, so he is released after 8,5 years. Will he be on probation for the 1,5 years gaintime???

Lola Nibbles
12-21-2006, 02:49 PM
Sounds like you are talking about conditional release supervision which requires specific predicates per the statute (947.1405 or 947.141).

kitkat3612
01-12-2007, 10:31 PM
Milena you have to look at what charges and cases the person is in on.....my husband was sentenced in 1991 and was given a violent habitual sentence and a habitual sentence...the time was 17 years with a 3 year mandatory.....therefore on the lessor sentence the DOC claimed he was given more gaintime on the sentence without a mandatory that gave him 5 yrs 3 months conditional release upon release and therefore upon his first technical violation for a dirty urine he rec'd 4 years 10 months back in prison.....He actually was not given credit for 6.5 months as they say he was technically out of prison on the lighter sentence prior to his 11/02 release....While not all charges carry a conditional release statue, for those it does it is a one way pass back with no judge or jury....just 3 honchos that decide your fate. The sad fact is-is that the DOC and the Florida Parole Commission does not educate each other on these statues so therefore they don't know how to explain the statues to the inmates....Its a live and learn fiasco.....I will be happy to say I cannot wait to see 2/2009 arrive so I can never hear the words conditional release....In Jan 1990 when my husband was sentenced the judges nor the attorneys knew to explain to defendants that these statues would come back to haunt them.....I just hope that one day the two can educate each other and stop lying to folks....for almost 3 years the two parties have continually passed the buck when you ask them for any info.....I hope for your sake that your loved one is not under this statue. Take care....

so_hurt
01-14-2007, 08:12 PM
Thank you so much, but this is all Greek to me :o I don't understand a word.
My boyfriend was sentenced in 2002 to 4 yrs prison + 2 yrs probation.
He did the complete 4 yrs (no gaintime) and was on probation. He messed probation up and got sentenced to 6 yrs for VOP.

They gave him credit foru the 4 yrs he did before that. He hasn't gotten any DR's since he went back and he keeps earning gaintime. If he gets all possible gaintime he will be out before christmas 07. And he thinks then he will be on "probation" for the 4 or 5 months he got out earlier because of gaintime...:confused:

kitkat3612
01-17-2007, 05:24 AM
I would say call Tally, if anyone will know it would be them....It sounds like he is under 85% so I would not see why he would do probation.....But, ask Tally all they can tell you is we don't have that info at this time.....

Lola Nibbles
01-17-2007, 08:11 AM
I don't think he will be on probation. Check his stat on the DOC website - is there a NTFY P&P note?

so_hurt
01-17-2007, 10:30 AM
I checked it, and yes, there is an NTFY P&P note. But it says: "date canceled 12/22/2005"

What does this NTFY P&P note mean? What is this NTFY P&P thing?

and what is a detainer?

lostnlonely
01-17-2007, 02:42 PM
ntfy p & P means notify parole and probation but if it was canccelled than he won't be having any it seems

Lola Nibbles
01-17-2007, 04:38 PM
Obviously I don't know all the facts on this one but I am having a hard time imagining back-end probation. If its not in the judgment and sentence for the VOP, and he doesn't qualify under 947.1405 - I just don't see it.

Do yourself a favor and DON'T call Tallahassee - he might be getting 15% in error and don't tip them off (its happened).

I would ask him "Why do you think there is probation to follow when you get out." and go from there. If he does qualify under 947.1405 then they might be running a pre-release investigation and thats what might have him anticipating post-release supervision. If you are just dealing with 15% of two years you're talking about 110-120 days and I'd think he can swing that.

so_hurt
01-21-2007, 08:59 PM
Conditional Release - All offenders whose crimes were committed on or after October 1, 1988, which crime fell under the violent offense categories of the Florida Rules of Criminal Procedure, and who have served at least one prior felony commitment at a state or federal correctional institution will be released under this program. This is NOT an early release program. When the offender is released at the expiration of their sentence, as reduced by gain time, the Commission will impose terms and conditions of supervision until the end of the court-imposed sentence. As a result, the more violent offenders will be released to a mandatory period of supervision in the community.


what is considered a violent crime?

lostnlonely
01-22-2007, 11:39 AM
Sweetie just ask your man if he has conditional release or not. It's really not a guessing game. He will know. Also you can look up the 33's and possibly find out the spcefic crimes that are classified violent. Good Luck!

so_hurt
01-22-2007, 12:10 PM
thank you.
I would ask him but he pretends not to know it! He says "most likely" I would get out under Conditional Release...

Sometimes I think he is either dumb or doesn't want to tell me. How could he not know???

lostnlonely
01-24-2007, 04:15 AM
If for any reason he doesn't know he could easily ask a classification officer. Sounds a little fishy to me. Has he asked you to figure it out or is it something your trying to do on your own?

so_hurt
01-24-2007, 11:37 AM
I'm trying to do it on my own.

lostnlonely
01-24-2007, 12:34 PM
Good luck! You could try calling his classification officer yourself. If this is his not his first time in the DOC my understanding is that he will definitely have it. If it is his ifrst time it depends on the charges. Good Luck.

or-mtwt
01-31-2007, 11:39 AM
Conditional Release - All offenders whose crimes were committed on or after October 1, 1988, which crime fell under the violent offense categories of the Florida Rules of Criminal Procedure, and who have served at least one prior felony commitment at a state or federal correctional institution will be released under this program. This is NOT an early release program. When the offender is released at the expiration of their sentence, as reduced by gain time, the Commission will impose terms and conditions of supervision until the end of the court-imposed sentence. As a result, the more violent offenders will be released to a mandatory period of supervision in the community.


what is considered a violent crime?

a violent crime is any crime that a wpn was used or could be seen as putting someone or thing in danger..

The reason he may not know is because they may have a class officer but that does not mean they get to just go in and knock on their door and ask questions they have to wait and what he is most likely hearing is things from other guys that are in there. There are also times you do not want to bring yourself to the attention of anyone while you are inside and its just best to wait till you come up for your EVol. to ask your questions and he may not have had one lately so he could ask.

BTW thanks for putting this def. for controled release George will be on that for the remander of his time once he gets out for 12 years of gain time he will amass.

so_hurt
02-02-2007, 07:54 PM
I visited him last weekend and asked him why he didn't know if this rule applied to him. he said he would have to write a request to his class. officer and he asked me to just call the officer and ask... So I'll probably do that.