(1) The commission shall have the powers and perform the duties of:
(a) Determining what persons shall be placed on parole, subject to the provisions of ss. 947.172 and 947.174.
(b) Fixing the time and conditions of parole, as provided in this chapter.
(c) Determining whether a person has violated parole and taking action with respect to such a violation.
(d) Making such investigations as may be necessary.
(e) Reporting to the Board of Executive Clemency the circumstances, the criminal records, and the social, physical, mental, and psychiatric conditions and histories of persons under consideration by the board for pardon, commutation of sentence, or remission of fine, penalty, or forfeiture.
(f) Establishing the terms and conditions of persons released on conditional release under s. 947.1405, and determining subsequent ineligibility for conditional release due to a violation of the terms or conditions of conditional release and taking action with respect to such a violation.
(g) As the Control Release Authority, determining what persons will be released on control release under s. 947.146, establishing the time and conditions of control release, if any, and determining whether a person has violated the conditions of control release and taking action with respect to such a violation.
(h) Determining what persons will be released on conditional medical release under s. 947.149, establishing the conditions of conditional medical release, and determining whether a person has violated the conditions of conditional medical release and taking action with respect to such a violation.
(2)(a) The commission shall immediately examine records of the department under s. 945.25, and any other records which it obtains, and may make such other investigations as may be necessary.
(b) The Department of Children and Families and all other state, county, and city agencies, sheriffs and their deputies, and all peace officers shall cooperate with the commission and the department and shall aid and assist them in the performance of their duties.
...odel” sentencing and corrections scheme 7 for felony inmates like petitioner and for inmates with multiple misdemeanor sentences aggregating more than one year. Rehabilitation was a primary goal of the corrections process. See, e.g., Fla.Stat.Ann. § 947.13(1)(f)(2); 947.17(2), (5) and (6); 947.20; and 947.21 (1973)....
...Rehabilitation remains a primary goal of corrections; the Act requires the Florida Department of Health and Rehabilitative Services and all other state agencies to assist the Commission in performance of its duties, including inmate rehabilitation. Fla.Stat.Ann. § 947.13 (1983 Supp.); id. at § 947.135 (Mutual Participation Plan of 1976)....
Cited 19 times | Published | Supreme Court of Florida | 2008 WL 1901668
...Parole & Probation Comm'n, 394 So.2d 1110, 1111 (Fla. 1st DCA 1981) ("The commission is not, of course, a sentencing court."). Moreover, the authority to grant parole is vested solely in the Parole Commission. Owens v. State, 308 So.2d 171, 171 (Fla. 1st DCA 1975); see also § 947.13(1)(a), Fla....
...The Parole Commission administers parole. Floyd v. Parole & Probation Comm'n, 509 So.2d 919, 920 (Fla. 1987). Furthermore, the Parole Commission is responsible for determining whether a person has violated parole and taking action with respect to a violation. § 947.13(1)(c), Fla....
Cited 17 times | Published | Supreme Court of Florida | 1997 WL 656234
...release programs, including Control Release. It provides the Parole Commission with the power to revoke a releasee's supervision and return the releasee to prison to serve the sentence imposed or enter "such other order as it considers proper." [7] Section 947.13, Florida Statutes (1995), generally describes the Parole Commission's functions and organization in relation to all of its programs....
...By such order, the panel may revoke conditional release, control release, or conditional medical release and thereby return the releasee to prison to serve the sentence imposed, reinstate the original order granting the release, or enter such other order as it considers proper. (Emphasis added.) [8] Section 947.13 provides in pertinent part: (1) The commission shall have the powers and perform the duties of: .......
Cited 13 times | Published | Supreme Court of Florida | 2002 WL 31084622
...unless expressly provided herein."). [3] Section 947.1405(2)(c) provides, in pertinent part, that "[a] panel of no fewer than two commissioners shall establish the terms and conditions of any such release." § 947.1405(2)(c), Fla. Stat. (2001). [4] Section 947.13 (Powers and Duties of Commission), states, in pertinent part: The commission shall have the powers and perform the duties of: . . . . (f) Establishing the terms and conditions of persons released on conditional release under s. 947.1405.... § 947.13(1)(f), Fla....
Cited 5 times | Published | Florida 2nd District Court of Appeal
...as conditions of parole. While a court is not precluded from recommending conditions of parole, Owens v. State, 308 So.2d 171 (Fla. 1st DCA 1975), the Parole and Probation Commission is solely vested with the power to establish conditions of parole. § 947.13(1)(b), Fla....
Cited 3 times | Published | Florida 2nd District Court of Appeal
...The court made payment of these sums a condition of parole. Although a court is not precluded from recommending conditions of parole, Owens v. State, 308 So.2d 171 (Fla. 1st DCA 1975), the Parole and Probation Commission is solely vested with the power to establish conditions of parole. § 947.13(1)(b), Fla....
Cited 2 times | Published | Florida 2nd District Court of Appeal
...of parole. Although a court is not precluded from recommending conditions of parole, the Parole and Probation Commission alone is invested with the statutory authority to impose such conditions. Alexander v. State, 425 So.2d 1197 (Fla. 2d DCA 1983); § 947.13(1)(b); Fla....
Cited 1 times | Published | Florida 2nd District Court of Appeal
...tion of parole. Although a trial court is not precluded from recommending conditions of parole, Owens v. State, 308 So.2d 171 (Fla. 1st DCA 1975), the Parole and Probation Commission is solely vested with the power to establish conditions of parole. § 947.13(1)(b); Alexander v....
Published | Court of Appeals for the Eleventh Circuit
...tories of persons under
USCA11 Case: 23-11277 Document: 12-1 Date Filed: 04/26/2023 Page: 3 of 14
consideration by the board for pardon, commutation of sentence, or remission of fine, penalty, or
forfeiture.” Fla. Stat. § 947.13(1)(e).
But Rule 15 does not delineate the “factors relevant to the issue of clemency,” nor does
Florida law otherwise include specific enumerated factors that should be considered during the
clemency process....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.