The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 947
FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE

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F.S. 947.22

947.22 Authority to arrest parole violators with or without warrant.—

(1) If a member of the commission or a duly authorized representative of the commission has reasonable grounds to believe that a parolee has violated the terms and conditions of her or his parole in a material respect, such member or representative may issue a warrant for the arrest of such parolee. The warrant shall be returnable before a member of the commission or a duly authorized representative of the commission. The commission, a commissioner, or a parole examiner with approval of the parole examiner supervisor, may release the parolee on bail or her or his own recognizance, conditioned upon her or his appearance at any hearings noticed by the commission. If not released on bail or her or his own recognizance, the parolee shall be committed to jail pending hearings pursuant to s. 947.23. The commission, at its election, may have the hearing conducted by one or more commissioners or by a duly authorized representative of the commission. Any parole and probation officer, any officer authorized to serve criminal process, or any peace officer of this state is authorized to execute the warrant.

(2) Any parole and probation officer, if she or he has reasonable ground to believe that a parolee, control releasee, or conditional releasee has violated the terms and conditions of her or his parole, control release, or conditional release in a material respect, has the right to arrest the releasee or parolee without warrant and bring her or him forthwith before one or more commissioners or a duly authorized representative of the Florida Commission on Offender Review or Control Release Authority; and proceedings shall thereupon be had as provided herein when a warrant has been issued by a member of the commission or authority or a duly authorized representative of the commission or authority.

(3) If a law enforcement officer has probable cause to believe that a parolee has violated the terms and conditions of his or her parole, the officer shall arrest and take into custody the parolee without a warrant, and a warrant need not be issued in the case.

History.—s. 16, ch. 20519, 1941; s. 1, ch. 71-111; s. 16, ch. 82-171; s. 1, ch. 82-193; s. 34, ch. 83-131; s. 191, ch. 83-216; s. 5, ch. 85-295; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; ss. 13, 20, ch. 90-337; s. 12, ch. 91-280; s. 1, ch. 93-2; s. 1681, ch. 97-102; s. 3, ch. 2002-255; s. 49, ch. 2014-191.

F.S. 947.22 on Google Scholar

F.S. 947.22 on Casetext

Amendments to 947.22

Arrestable Offenses / Crimes under Fla. Stat. 947.22

Level: Degree
Misdemeanor/Felony: First/Second/Third

S947.22 - PAROLE VIOLATION - - N: N

Annotations, Discussions, Cases:

Cases from cite.case.law:

GIRTMAN, v. STATE, 617 So. 2d 1168 (Fla. Dist. Ct. App. 1993)

. . . However, “committed” as used in section 947.22 appears to mean “placed” or “held” on a temporary basis . . .

HANSEN, Jr. v. A. M. FONTANA, L., 517 So. 2d 714 (Fla. Dist. Ct. App. 1987)

. . . contained in section 790.001(13), Florida Statutes; (6) that he was illegally arrested under section 947.22 . . . Grounds 6-10 of Hansen’s petition for writ of habeas corpus challenge the constitutionality of section 947.22 . . .

MILLER, v. TOLES,, 442 So. 2d 177 (Fla. 1983)

. . . sections 949.10, 949.11, and 949.12, Florida Statutes (1979), as read in conjunction with sections 947.22 . . . retained without further formal action by the Parole and Probation Commission pursuant to sections 947.22 . . . Florida Constitution and extended to those facing potential parole or probation revocation by sections 947.22 . . .

STATE v. SYLVESTER,, 401 So. 2d 1123 (Fla. Dist. Ct. App. 1981)

. . . There, the First District held that Section 947.22 (which empowers the Parole and Probation Commission . . . after the new arrest the Commission may commence formal revocation proceedings pursuant to Sections 947.22 . . . Consequently, the validity of Sylvester’s detention depended upon adherence to the requirements of Sections 947.22 . . .

CARSON, v. BISHOP,, 378 So. 2d 882 (Fla. Dist. Ct. App. 1979)

. . . Appellant contends Section 947.22, Florida Statutes (1977), allows for incarceration when a parolee violates . . . That is, Section 947.22 — reasonable grounds to believe parole has been violated — applies to violation . . . hearing and then be released pursuant to Section 949.11, only to be imprisoned again under Section 947.22 . . .

STATE P. MURPHY, v. PARTIN,, 301 So. 2d 1 (Fla. 1974)

. . . in which we recognized the exclusive discretion given the Parole and Probation Commission by Section 947.22 . . .

BLACKBURN v. JACKSON, 74 So. 2d 80 (Fla. 1954)

. . . Ex parte Hyde, 140 Fla. 494, 192 So. 159, and Section 947.22, Florida Statutes, F.S.A., are relied on . . . Section-947.22(l), Florida Statutes, F.S.A., is a portion of Chapter 20519, Acts of 1941, creating and . . .