Prison Releasee Reoffender (PRR)
A person charged with an enumerated felony (qualifying offense) where the current charge was committed within three years of being released from the department of correction qualifies to be sentenced as a PRR. If a person is sentenced as a PRR, the sentencing court must impose the maximum sentence allowable by statute. Furthermore the defendant will not be entitled to any gain time and will have to serve the sentence day for day.
Enumerated or qualifying offenses for PRR include, but are not limited to any defendant who commits, or attempts to commit:
- Murder
- Manslaughter
- Sexual battery
- Carjacking
- Home invasion robbery
- Robbery
- Arson
- Kidnapping
- Aggravated assault with a deadly weapon
- Aggravated battery
- Aggravated Stalking
Habitual Felony Offender (HFO)
A habitual felony offender is a defendant for whom the court may impose term of imprisonment twice as long as typically permissible. A defendant can be sentenced as a habitual felony offender to ten years of prison on a third degree felony, where a third degree felony typically only carries a five year maximum. A second degree felony typically punishable by up to 15 years prison carries up to 30 years has HFO and a first degree felony typically punishable by up to 30 years in prison is punishable by life in prison as a HFO.
A court can sentence a defendant as a habitual felony offender if it finds that
- The defendant has previously been convicted of any combination of two or more felonies or other qualified offenses.
- The felony for which the defendant is to be sentenced, and one of the two priors felony convictions is not a violation relating to the purchase or the possession of a controlled substance.
- The felony for which the defendant is to be sentenced was committed:
- While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for a felony or other qualifies offense; or
- Within five years of the date of the conviction of the defendant's last prior felony or other qualified offense, or within five years of the defendant's release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later.
Habitual Violent Felony Offender (HVFO)
A habitual violent felony offender, much like a HFO is a defendant for whom the court may impose term of imprisonment twice as long as typically permissible. However, with HVFO, the courts will impose a minimum mandatory sentence. For a third degree felony, there is a five year minimum mandatory sentence; for a second degree felony, there is a ten year minimum mandatory sentence; and for a first degree felony, there is a 15 year minimum mandatory sentence.
A court can sentence a defendant as a habitual violent felony offender if it finds that
- The felony for which the defendant is to be sentenced was committed:
- While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for a felony or other qualifies offense; or
- Within five years of the date of the conviction of the defendant's last prior felony or other qualified offense, or within five years of the defendant's release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later.
- The defendant has previously been convicted of a felony or an attempt or conspiracy to commit a felony and one or more of such convictions was for:
- Arson,
- Sexual battery
- Robbery
- Kidnapping
- Aggravated child abuse
- Aggravated abuse of an elderly person or disabled adult
- Aggravated assault with a deadly weapon
- Murder
- Manslaughter
- Aggravated Manslaughter of an elderly person or disabled adult
- Aggravated manslaughter of a child
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Armed burglary
- Aggravated battery
- Aggravated stalking
