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A convicted rapist released from prison August 1st is back in custody, facing more rape charges.

Joseph Frye’s rap-sheet dating back to the 70’s includes rape, armed robbery, and arson. Frye was sentenced to 40 years in 1987. He racked up an extensive list of disciplinary charges before being released last month. Frye was arrested earlier this week for raping and robbing a 70 year old Tampa woman, raising question about why Frye was release. Department of Corrections Spokeswoman Gretl Plessinger says Frye’s release was out of the department’s hands.

“When an inmate is released from prison, once they have completed their sentence the department has no authority over them, no jurisdiction what so every. They are a free citizen. He completed his sentence and was released from prison,” said Plessinger.

The Department of Corrections asked the Department of Children and Families to consider keeping Frye behind bars in accordance with the Jimmy Ryce Act with allows the DCF to keep sexual predators behind bars for life. DCF decided not to hold Frye.