Florida/Georgia Personal Injury & Workers Compensation

...statute and rule, Duncan must be provided with the opportunity to have a due process hearing. In that hearing the State will have to prove that Duncan did indeed violate his supervision before it can revoke his release and forfeit his gain time. See § 947.141, Fla....

...*1223 and provides it with the power to determine whether a control releasee has violated the terms and conditions of release. It also grants the Parole Commission the power to determine what actions should be taken in regard to such violations. [6] Section 947.141, Florida Statutes (1995), concerns revocations of several of the Parole Commission's release programs, including Control Release....

...(d) Determine violations of control release and what actions shall be taken with reference thereto. .... (11) When the authority has reasonable grounds to believe that an offender released under this section has violated the terms and conditions of control release, such offender shall be subject to the provisions of s. 947.141 and shall be subject to forfeiture of gain-time pursuant to 944.28(1). [7] Section 947.141 provides in pertinent part: (4) Within a reasonable time following the hearing, the commissioner or the commissioner's duly authorized representative who conducted the hearing shall make findings of fact in regard to the alleged violation....

...Section 947.146, Florida Statutes (1989), described the manner in which eligible inmates would be chosen and supervised. Section 947.146(9) provided that if there were reasonable grounds to believe a releasee had violated the terms and conditions of release, the releasee would be subject to section 947.141; both section 947.146(9) and section 947.141 provided for gain time forfeiture where the release was revoked....

...By the time inmates were offered this conditional benefit, the gain time statutes had been amended to make clear that a revocation of Control Release would result in a forfeiture of basic and incentive gain time. §§ 944.28(1), 948.06(6), 947.146(9), 947.141, Fla.Stat. (1989). In addition, basic and incentive gain time was not automatically forfeited when a violation report was filed. All releasees were entitled to a due process hearing in front of a neutral fact-finder. §§ 947.146(9), 947.141, Fla.Stat....

...n inmate's actual conditional release is solely with the Commission. We conclude that the Commission functions in a quasi-judicial capacity in carrying out its duties under the statute. [5] Among the enforcement powers given to the Commission, under section 947.141, is the power to issue a warrant, after a probable cause determination, for the arrest of a releasee for his or her violation of the terms and conditions of his or her release....

...The allegation here—which we are bound to accept as true—is that the Parole Commission's lawful supervisory authority over appellant terminated on September 12, 1994, before the first warrant issued. The Parole Commission has authority to issue warrants in certain circumstances, to be sure. § 947.141(1), Fla....

...Nevertheless, we find this distinction to be irrelevant to the issue of whether the Commission has statutory authority to grant or deny credit for time spent on supervision; and, as we similarly found in Gay, we find here that the Commission has broad authority under sections 947.1405, [3] 944.291(2) [4] and especially section 947.141, [5] to either grant or deny a releasee credit for time spent on Conditional Release when that release is revoked due to a violation of the terms and conditions of release....

...ne prior felony commitment at a state or federal correctional institution, or is sentenced as a habitual or violent habitual offender pursuant to s. 775.084, may only be released under conditional release supervision as described in chapter 947. [5] Section 947.141(3), Florida Statutes (1991), provides: Within a reasonable time following the hearing, the commissioner or his duly authorized representative who conducted the hearing shall make findings of fact in regard to the alleged violation....

...r conditional release revocations. However, the "posting date" is not at all the relevant date for our consideration. The conditional release statute specifically provides for forfeiture of all gain time " earned up to the date of release." *974 See § 947.141(6), Fla....

...ce to run consecutively to the punishment for the control-release violation. We disagree. In the First District's en banc opinion, Judge Allen explained: An inmate on control release has already been sentenced for an earlier offense, and pursuant to section 947.141(4), Florida Statutes, an inmate violating control release may be returned to prison for the continued service of that sentence....

...Howard Gillard appeals from an order denying his petition for writ of habeas corpus. In the petition below, he challenged the revocation of his conditional release by contending that the Florida Parole Commission was without jurisdiction to conduct the revocation hearing beyond the 45-day time period in section 947.141(2), Florida Statutes (1991). Because we determine that the time period in section 947.141(2) is not jurisdictional and that the delay was not prejudicial, we affirm....

...2d DCA 1984) (failure to follow statutory requirement of advising parolee in writing of reasons for extended supervision was not jurisdictional, and therefore the prisoner was on parole at the time of the revocation). Therefore, the untimely hearing did not affect the Commission's jurisdiction. Section 947.141(2) is silent as to the consequences of a revocation hearing conducted in violation of the 45-day time period....

...l. In his sworn motion, Davis complains that counsel assured him that any sentence imposed by the trial court would run concurrently with the sentence he anticipated he would have to resume serving for violating the terms of his control release. See § 947.141, Fla....

...y experienced correctional probation officers." § 947.1405(8), Fla. Stat. (2007). If an offender is found to have violated conditional release, his conditional release may be revoked and he may be returned to prison "to serve the sentence imposed." § 947.141(4), Fla. Stat. (2007). Also, if conditional release has been revoked, and the "releasee is ordered to be returned to prison," the releasee "shall be deemed to have forfeited all gain time . . . earned up to the date of release." § 947.141(6), Fla....

...on for tolling in Florida's parole statutes, including those governing the state's conditional-release program at issue here. [9] Id. at 109-10. FLA. STAT. § 947.1405 establishes the framework for the state's conditional-release program. FLA. STAT. § 947.141 provides the details regarding violations of conditional release....

...[9] Notably, in response to the Francois decision the Florida legislature amended the relevant probation statute, FLA. STAT. § 948.06, to specifically provide for tolling of probationary periods in certain circumstances, but has never provided for tolling in the Conditional Release Program Act, FLA. STAT. §§ 947.1405 and 947.141, even though it has amended that statute as well in unrelated respects....

...on of conditional release, the tolled supervision period should also be added into the new release date calculation. In addition, we find no statutory support for the Department's calculation. The statute governing revocation of conditional release, section 947.141(4), Florida Statutes (1991), makes no mention of tolling or adding supervision time into the new release date calculation....

...tly applying federal law, has rendered her Report and Recommendation, concluding that the Florida Parole Commission ("FPC"), in its July 26, 2000 revocation of Petitioner's Control Release, failed to comply with the procedures mandated by Fla. Stat. § 947.141(4) for revocation of Control Release, violating Petitioner's 14th Amendment due process rights, as recognized by Florida and federal law....

...In Florida, revocation hearings are governed by due process considerations. See Gillard v. State, 827 So.2d 316 (Fla. 1st DCA 2002) (citing Morrissey, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972)). As the Magistrate Judge correctly observed, Fla. Stat. § 947.141 places substantive limitations on the FPC when it is deciding whether to revoke a person's supervision....

...ized that liberty interests can arise from state law where, as here, a statute places substantive limitations on official discretion. (Dkt. 70, p. 33: citing Ellard, 824 F.2d at 942). It follows that the limitations placed on the FPC's discretion in § 947.141 give rise to due process protections to parolees such as Petitioner who are facing revocation....

...the limitations imposed *1329 by the Due Process Clause." ( citations omitted ). Ellard, 824 F.2d at 943. The Magistrate Judge correctly concluded that Petitioner's due process rights were violated when the FPC, contrary to the mandate of Fla. Stat. § 947.141, effectively rejected P.E....

...A review of the Florida statute setting forth the procedures to be followed by the FPC in revocation proceedings supports a finding that the FPC cannot second guess the PE's findings without first concluding that his findings are unsupported by competent, substantial evidence. Section 947.141, Fla....

...By such order, the panel may revoke conditional release, control release, conditional medical release, or addiction-recovery supervision 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. Fla. Stat. 947.141(4) (emphasis added)....

...(Dkt. 35 at 3). In his summary, PE Cooke provided a complete and accurate review of the testimony of each witness (Dkt. 1, Ex. F). First, a PE has no obligation to refer to all testimony in his findings. See Morrissey, 408 U.S. at 487-88; Fla. Stat. § 947.141....

...The Undersigned therefore finds that Petitioner's Fourteenth Amendment right to due process was violated when the FPC failed to comply with the statutorily mandated procedures for revocation of Petitioner's control release supervision. See Fla. Stat. 947.141(4)....

...ther a control releasee has violated the terms and conditions of release and the power to determine what actions should be taken in regard to such violations. See Gay v. Singletary, 700 So.2d 1220 1222-23 (Fla.1997); see also Fla. Stat. §§ 947.13, 947.141, 947.146....

...I, § 9; Art. I, § 10, Fla. Const. Similarly, we now hold that control release credits are another type of overcrowding gain time which may be forfeited upon supervision revocation. The requisite statutory authority for this forfeiture is found both in section 947.141(6) and in section 944.28(1), Florida Statutes (1999)....

...ders have been discharged from supervision. Offenders who have warrants outstanding based on violation of supervision as of July 1, 1996, or who violate the terms of their supervision subsequent to July 1, 1996, shall be subject to the provisions of s. 947.141. The last two sentences of subsection (14) cover Lewis, and while subsection (14) does not actually cancel or forfeit control release credits, it cross-references section 947.141, which provides for the forfeiture of gain time. With only minor revisions since 1989, [2] section 947.141(6) has provided, in pertinent part: *1244 Whenever a conditional release, control release, or conditional medical release is revoked by a panel of no fewer than two commissioners and the releasee is ordered to be returned to prison, the releasee, by reason of the misconduct, shall be deemed to have forfeited all gain-time or commutation of time for good conduct, as provided for by law, earned up to the date of release. See § 947.141(6), Fla. Stat. (1999)(emphasis added). Accordingly, because we find that control release credits are a type of gain time, section 947.146(14), by cross-referencing section 947.141(6), may be used to forfeit control release credits upon supervision revocation....

...HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. NOTES [1] Section 944.28(1), Florida Statutes (1999) provides for the forfeiture of "all gain-time." Section 948.06(6), Florida Statutes (1999), provides similar forfeiture authority. [2] From 1989 to 1995, section 947.141 specifically mentioned only violators of conditional release or conditional medical release. However, the control release statute, section 947.146, has always indicated that a control releasee who violates his or her supervision is subject to 947.141....

...ANALYSIS The Conditional Release Program Act provides that, upon revocation of conditional release, an inmate is returned to prison to serve the sentence imposed upon him by the sentencing judge, while the gain time the inmate earned prior to conditional release is forfeited. See § 947.141(3)-(4), Fla....

...This understanding of the Act's operation flows from two critical statutory provisions. The first provision, which is found in section 947.1405(6), places a limitation on the length of conditional release supervision; the second provision, which is set forth in section 947.141(4), places a concomitant limitation on the forfeiture of gain-time and the length of incarceration following revocation of conditional release....

...Sentence imposed-time served = time on conditional release supervision.) The length of the conditional release supervision period equals the length of the reduction by virtue of the award of gain-time of the period of incarceration imposed by the court. Section 947.141(4) provides that an inmate whose conditional release is revoked "may be deemed to have forfeited all gain-time......

...That contingent right is defeasible for misconduct by the inmate while incarcerated or while on conditional release. But gain-time that never attained the status of a right or privilege enjoyed by an inmate is not subject to being "forfeited" under section 947.141(4)....

...But we disagree with the apparent assumption in Currelly and Lyons that a violation of control release will result in a new and undetermined sentence to be imposed in the future. An inmate on control release has already been sentenced for the earlier offense, and pursuant to section 947.141(4), Florida Statutes, an inmate violating control release may be returned to prison for the continued service of that sentence....

adult); § 903.046, Fla. Stat. (sexual offender); § 947.141, Fla. Stat. (state supervised offender). Persons

...nce(s). See § 947.1405(2), Fla. Stat. (1997). A Parole Commission panel may revoke conditional release if it finds that the violations of conditional release have been sustained and may "return the releasee to prison to serve the sentence imposed." § 947.141(4), Fla....

...until his or her conditional release supervision terminates. Gillard v. State, 827 So.2d 316, 317 (Fla. 1st DCA 2002). During that time, upon violation of any of the terms and conditions of release, the Commission may revoke the conditional release. § 947.141(4), Fla....

adult); § 903.046, Fla. Stat. (sexual offender); § 947.141, Fla. Stat. (state supervised offender). Persons

...on. However, the Department contended that Hull had been awarded all of his basic gain time in a lump sum when he first entered the prison system, and that, therefore, no more basic gain time was due him. Hull principally relies upon the language of section 947.141(6), Florida Statutes (2000), formerly section 947.141(4)....

...[1] This statute provides that a conditional release violator forfeits all gain time or computation of time for good conduct, except that the prisoner will not be deprived of such gain time "as provided by law" from the date of return to prison. See § 947.141(6), Fla. Stat. (2000). In response, the secretary of the Department of Corrections argues that the "right" referred to in section 947.141(6) relates to the right to the award of gain time "as provided by law," and that the only gain time that is provided by law upon revocation of conditional release is some form of incentive or meritorious gain time....

...ber of days of gain time awarded. § 944.291(2), Florida Statutes (1989, 1991); Duncan v. Moore, 754 So.2d 708 (Fla.2000). If the inmate is returned to prison as a conditional release violator, all gain time is subject to forfeiture. §§ 944.28(1), 947.141(4), Fla....

...Jones, 681 So.2d 836, 837 (Fla. 1st DCA 1996); Williams v. Wasi, 681 So.2d 839, 840 (Fla. 4th DCA 1996). Petitioner Hull understands the forfeiture of the previously awarded basic gain time but thinks that he is entitled to additional basic gain time under §§ 947.141(4) and 944.275(4)(a)3, Fla....

...sum up front the way basic gain time is awarded. Therefore, it is ORDERED and ADJUDGED that the petition for writ of mandamus is DENIED. The petition for writ of certiorari is DENIED. MINER, VAN NORTWICK and PADOVANO, JJ., CONCUR. NOTES [1] Although section 947.141(4), Florida Statutes (1991) is the applicable statute to appellant's situation, section 947.141 was rewritten in 1993 and subsection (4) with changes became subsection (6).

...ision terminates. Gillard v. State, 827 So. 2d 316, 317 (Fla. 1st DCA 2002). During that time, upon violation of any of the terms and conditions of release, the Commission may revoke the conditional release. § 947.141(4), Fla....

...In this case, the Department of Corrections had no authority to forfeit gain time earned in 89-1166. See Tripp v. State, 622 So.2d 941 , 942 n. 2 (Fla.1993) (explaining that revocation of probation was not a basis for forfeiting gain time where the offense was committed before October 1,1989). We have also determined that section 947.141(4), Florida Statutes (1989), provides no authority for forfeiture of gain time in this situation....

...the Parole Commission, faxed a letter to the Parole Commission stating that petitioner waives a hearing regarding the violation. Petitioner maintains that he did not waive his right to a hearing or authorize anyone to waive the right on his behalf. Section 947.141(3), Florida Statutes (2004), provides that if a releasee is charged with violating conditional release, *742 the releasee must be afforded a hearing within 45 days after notice to the Parole Commission of the releasee’s arrest....

release under the Commission’s supervision. In section 947.141, Florida Statutes, the Legislature authorized

...itional release supervision terminates. Gillard v. State, 827 So. 2d 316, 317 (Fla. 1st DCA 2002). During that time, upon violation of any of the terms and conditions of release, the Commission may revoke the conditional release. § 947.141(4), Fla....

...and all of the above stated rights, or you may waive your right to a violation hearing. Do you have any questions about your rights before we proceed with the hearing? Inmate Brown: No sir. Mr. Reese: The hearing is held pursuant to Florida Statute 947.141, this is a final revocation hearing, but as I have explained to you[,] the final decision is made by the Commissioners in Tallahassee....

...f violating conditions regarding cost of supervision payments and curfew requirements. The Commission rejected the parole examiner's recommendation that, notwithstanding Petitioner's guilt, he should be restored to supervision. Under Florida Statute § 947.141(4), a panel of no fewer than two commissioners make the determination on whether to revoke conditional release supervision when an individual is found guilty of violating a term or condition of supervised release....

...ng examiner's factual findings as long as they were supported by competent, substantial evidence. In the case at bar, the Parole Commission accepted the factual findings and determination of guilt by the hearing examiner. Pursuant to Florida Statute § 947.141(4), the decision on whether to revoke supervision of a conditional release violator is within the discretion of the Parole Commission....

...ogram, determines when an inmate will be conditionally released, what the terms and conditions of release shall be, whether those terms and conditions have been violated, and whether any such violations warrant revocation). Moreover, Florida Statute section 947.141 provides that conditional release supervision may be revoked where the offender violates the "terms and conditions of the release in a material respect." (emphasis added)....

...For example, in addition to the poor transcript, the Parole Commission's order of revocation, which is signed by a "revocation specialist" does not identify the two Commissioners who made the decision to revoke Petitioner's conditional release supervision. See Ex. I; Fla. Stat. § 947.141(4) (requiring a panel of not fewer than two Commissioners to act on revocation decisions)....

...of witnesses relevant to the proceeding; his right to produce documents on his own behalf; his right of access to all evidence used against him and to confront and cross examine adverse witnesses; and, his right to waive the hearing. See Fla. Stat. § 947.141(3)(a)-(g)....

...[15] The Commission's order, dated July 9, 2003, states that the Florida Parole Commission, "after hearing and consideration in accordance with the provisions of Chapter 947, Florida Statutes, finds that the said Bernard Brown has violated the terms and conditions of his/her Conditional Release ...." Ex. I. Section 947.141(4) states that a "panel of no fewer than two commissioners shall enter an order determining whether the charge of violation of conditional release ... has been sustained based upon the findings of fact presented by the hearing commissioner or authorized representative." Fla. Stat. § 947.141(4)....

...Smith seeks immediate release from prison and reinstatement to conditional release. He makes two arguments. First, he denies that he signed the notice postponing his hearing. Absent his agreement, he contends that the Commission had to conduct the violation hearing within forty-five days of his arrest. See § 947.141(2), Fla....

...1985) (Boyd, C.J., concurring specially)). Mr. Smith's first argument is meritless. Even if he did not sign a document postponing the hearing, no law commands that a failure to conduct a revocation hearing within forty-five days must result in his release. "Nothing in [section 947.141] provides that the failure to timely conduct a conditional release supervision revocation hearing is jurisdictional." Gillard v....

...96, before his 10 year terms expired. Nonetheless, petitioner claims that the remainder of his sentence should be extinguished under Green and Heuring . However, as stated, these cases do not apply because they did not involve a conditional release. Section 947.141, Florida Statutes, establishes that a prisoner whose conditional release is revoked may be returned to prison to serve the sentence imposed....

...insufficient, such a defect in the FPC’s order is not a grievous error that constitutes a miscarriage of justice. The Florida Statutes provide that once a willful violation is proven, the FPC has discretion to reject a parole examiner’s recommended sanction. Section 947.141(4), Florida Statutes (2010), conditions the FPC’s authority to reject a parole examiner’s finding of fact or conclusion of law but grants the FPC discretion to “revoke conditional release, control release, conditional medical...

...l release. During the period of conditional release, the Commission is empowered to enforce the conditions of release by issuing a warrant for the offender’s arrest upon reasonable grounds to believe that the offender has violated such conditions. § 947.141....

Bolden was returned to prison pursuant to section 947.141, Florida Statutes (1991), which provides that

...See Brinson, 851 So. 2d at 816 (concluding that Brinson's postconviction claim that he was not a PRR was not refuted by the record his physical release was "from temporary detention [in a DOC building] . . . while awaiting action of the Parole Commission"); see also § 947.141, Fla....

...We conclude that the amended petition adequately alleged a preliminary basis for concluding that Reyes was denied procedural protections to which he was entitled in the revocation proceedings. See generally Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972); see also § 947.141(3), Fla....

...Edward Webb, in proper person. Ashley Moody, Attorney General, and Sheron Wells, Assistant Attorney General (Tallahassee), for appellee. Before LOGUE, LINDSEY, and MILLER, JJ. PER CURIAM.  Affirmed. See § 944.28(1), Fla. Stat. (2022); § 947.141(6), Fla....

...mission. See Fla. Stat. § 948.09(1)(a)1 (1999). [2] The statute also proscribes the length of supervision in excess of the maximum sentence imposed by the court, and the consequences for violating conditional release are limited. [3] See Fla. Stat. § 947.141(4)....

...release revoked, and be placed in the Department of Corrections; may be placed in a detention facility for up to twenty-two months before the Parole Commission restores his supervised release; or, may have his supervision reinstated. See Fla. Stat. § 947.141(4).

...s for probation violators and escapees but does not mention those who violate their conditions of conditional release. He fails to consider that the sentence he received for his crimes is a term of years, not a specific *1323 release date. Moreover, section 947.141(4) expressly provides that upon revocation of conditional release, the prisoner may be returned to prison to serve the sentence imposed....