A Prison Release Reoffender or PRR is under the jurisdiction of the Florida Statute 775.082. These are defendants who have served time and within 3 years after their release, they commit specific felony offenses. If such a defendant is proven guilty of the designated crimes then, they are required to serve the maximum statutory sentence. It is also necessary to note that defendants serving prison release sentences are not given time off for behaving well and must serve the entire period that they are sentenced.
Therefore, if a person is charged and convicted and the government proves that he is a PRR, the Judge has no discretion except to sentence him to 15 years. The PRR statute requires the maximum sentence allowable must be imposed. The offender must serve the whole term of 15 years regardless of what the convict’s guidelines range might be. The court has no discretion in sentencing to anything less than the 15 years.
The purpose of PRR sanctions is to deter individuals from committing crimes during a prison sentence or after incarceration.
Under the laws of Florida, the prison release re-offender (PRR) statute entails the court to decide if while servicing a sentence of incarceration for over a year, or on escape status, the Defendant committed or tried to commit any of the following felonies:
- Sexual Assault
- Home-invasion robbery
- Motivated Assault with a deadly firearm
- Aggravated Stalking
- Motivated Battery
- Aircraft piracy
- Illegal throw, discharge or place of destructive device or explosive;
- Any offense that includes the use or threat of physical force or violence against persons
- Armed theft
- Burglary of a dwelling or burglary of an occupied building
- Any felony violation of Florida Statute Section 790.07, among others
- Lusty or Lascivious Behaviour
- Lustful or Lascivious Molestation
- Child Abuse and Child Sexual Abuse
- Meeting an Underage and Child Pornography Defense
Notice of Intent to Seek PRR
Unlike other sentence enhancements, the State of Florida is not obligated to notify the defendant of its intentions to seek PRR sanctions. This is why it is important to hire an experienced criminal defense attorney so that you can understand if PRR applies to your case.
Hiring the services or an experienced attorney who is well versed in all the aspects of the State’s sentencing guiding principles and the criminal punishment code is important. The most efficient approach to avoid this designation and avoid the harsh penalties is to retain an attorney.
If you or someone you know has been charged with a felony crime, you may need an attorney to assist you in determining if you could be subjected to the minimum mandatory sentences associated with being a prison release reoffender. An experienced criminal attorney will discuss with you whether PRR sanctions are applicable to your case. They will inform you of the strengths and weaknesses of your case and any legal defenses you may have. Through proper talks and discovery with a defense, you may be able to avoid suffering the penalties of the enhancement.