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Florida Statute 947.141 | Lawyer Caselaw & Research
F.S. 947.141 Case Law from Google Scholar
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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
View Entire Chapter
F.S. 947.141
947.141 Violations of conditional release, control release, or conditional medical release or addiction-recovery supervision.
(1) If a member of the commission or a duly authorized representative of the commission has reasonable grounds to believe that an offender who is on release supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated the terms and conditions of the release in a material respect, such member or representative may cause a warrant to be issued for the arrest of the releasee; if the offender was found to be a sexual predator, the warrant must be issued.
(2) Upon the arrest on a felony charge of an offender who is on release supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731, the offender must be detained without bond until the initial appearance of the offender at which a judicial determination of probable cause is made. If the trial court judge determines that there was no probable cause for the arrest, the offender may be released. If the trial court judge determines that there was probable cause for the arrest, such determination also constitutes reasonable grounds to believe that the offender violated the conditions of the release. Within 24 hours after the trial court judge’s finding of probable cause, the detention facility administrator or designee shall notify the commission and the department of the finding and transmit to each a facsimile copy of the probable cause affidavit or the sworn offense report upon which the trial court judge’s probable cause determination is based. The offender must continue to be detained without bond for a period not exceeding 72 hours excluding weekends and holidays after the date of the probable cause determination, pending a decision by the commission whether to issue a warrant charging the offender with violation of the conditions of release. Upon the issuance of the commission’s warrant, the offender must continue to be held in custody pending a revocation hearing held in accordance with this section.
(3) Within 45 days after notice to the Florida Commission on Offender Review of the arrest of a releasee charged with a violation of the terms and conditions of conditional release, control release, conditional medical release, or addiction-recovery supervision, the releasee must be afforded a hearing conducted by a commissioner or a duly authorized representative thereof. If the releasee elects to proceed with a hearing, the releasee must be informed orally and in writing of the following:
(a) The alleged violation with which the releasee is charged.
(b) The releasee’s right to be represented by counsel.
(c) The releasee’s right to be heard in person.
(d) The releasee’s right to secure, present, and compel the attendance of witnesses relevant to the proceeding.
(e) The releasee’s right to produce documents on the releasee’s own behalf.
(f) The releasee’s right of access to all evidence used against the releasee and to confront and cross-examine adverse witnesses.
(g) The releasee’s right to waive the hearing.
(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. A panel of no fewer than two commissioners shall enter an order determining whether the charge of violation of conditional release, control release, conditional medical release, or addiction-recovery supervision has been sustained based upon the findings of fact presented by the hearing commissioner or authorized representative. 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. Effective for inmates whose offenses were committed on or after July 1, 1995, the panel may order the placement of a releasee, upon a finding of violation pursuant to this subsection, into a local detention facility as a condition of supervision.
(5) Effective for inmates whose offenses were committed on or after July 1, 1995, notwithstanding the provisions of ss. 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and 951.23, or any other law to the contrary, by such order as provided in subsection (4), the panel, upon a finding of guilt, may, as a condition of continued supervision, place the releasee in a local detention facility for a period of incarceration not to exceed 22 months. Prior to the expiration of the term of incarceration, or upon recommendation of the chief correctional officer of that county, the commission shall cause inquiry into the inmate’s release plan and custody status in the detention facility and consider whether to restore the inmate to supervision, modify the conditions of supervision, or enter an order of revocation, thereby causing the return of the inmate to prison to serve the sentence imposed. The provisions of this section do not prohibit the panel from entering such other order or conducting any investigation that it deems proper. The commission may only place a person in a local detention facility pursuant to this section if there is a contractual agreement between the chief correctional officer of that county and the Department of Corrections. The agreement must provide for a per diem reimbursement for each person placed under this section, which is payable by the Department of Corrections for the duration of the offender’s placement in the facility. This section does not limit the commission’s ability to place a person in a local detention facility for less than 1 year.
(6) Whenever a conditional release, control release, conditional medical release, or addiction-recovery supervision 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. However, if a conditional medical release is revoked due to the improved medical or physical condition of the releasee, the releasee shall not forfeit gain-time accrued before the date of conditional medical release. This subsection does not deprive the prisoner of the right to gain-time or commutation of time for good conduct, as provided by law, from the date of return to prison.
(7) If a law enforcement officer has probable cause to believe that an offender who is on release supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated the terms and conditions of his or her release by committing a felony offense, the officer shall arrest the offender without a warrant, and a warrant need not be issued in the case.
History.s. 20, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 5, ch. 93-61; s. 5, ch. 93-277; s. 1, ch. 94-121; ss. 40, 58, ch. 95-283; s. 30, ch. 97-194; s. 4, ch. 97-239; s. 15, ch. 2001-110; s. 2, ch. 2002-255; s. 49, ch. 2004-11; s. 45, ch. 2014-191.

F.S. 947.141 on Google Scholar

F.S. 947.141 on Casetext

Amendments to 947.141


Arrestable Offenses / Crimes under Fla. Stat. 947.141
Level: Degree
Misdemeanor/Felony: First/Second/Third

S947.141 - CONDIT RELEASE VIOLATION - VIOLATION OF CONDITION OF RELEASE - N: N



Annotations, Discussions, Cases:

Cases from cite.case.law:

THOURTMAN, v. JUNIOR,, 275 So. 3d 726 (Fla. App. Ct. 2019)

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

SMITH, v. DEPARTMENT OF CORRECTIONS, 255 So. 3d 916 (Fla. App. Ct. 2018)

. . . See § 947.141(2), Fla. . . . "Nothing in [ section 947.141 ] provides that the failure to timely conduct a conditional release supervision . . .

LARSON, v. STATE, 247 So. 3d 26 (Fla. App. Ct. 2018)

. . . . § 947.141(4), Fla. . . .

CRUMP, v. STATE, 137 So. 3d 1148 (Fla. Dist. Ct. App. 2014)

. . . . § 947.141(4), Fla. . . .

FLORIDA PAROLE COMMISSION, v. TAYLOR,, 132 So. 3d 780 (Fla. 2014)

. . . Section 947.141(4), Florida Statutes (2010), conditions the FPC’s authority to reject a parole examiner . . .

RODRIGUEZ, v. FLORIDA PAROLE COMMISSION,, 430 F. App'x 768 (11th Cir. 2011)

. . . . § 947.141(4). . . .

LeBOEUF, v. A. McNEIL,, 49 So. 3d 328 (Fla. Dist. Ct. App. 2010)

. . . circuit court denied relief, finding that the challenged action was authorized by sections 944.28(1), 947.141 . . .

UNITED STATES v. FRANKLIN, 721 F. Supp. 2d 1229 (M.D. Fla. 2010)

. . . . § 947.141 provides the details regarding violations of conditional release. . . . Stat. §§ 947.1405 and 947.141, even though it has amended that statute as well in unrelated respects. . . .

A. McNEIL, v. CANTY,, 12 So. 3d 215 (Fla. 2009)

. . . the length of conditional release supervision; the second provision, which is set forth in section 947.141 . . . Section 947.141(4) provides that an inmate whose conditional release is revoked “may be deemed to have . . . status of a right or privilege enjoyed by an inmate is not subject to being “forfeited” under section 947.141 . . . See § 947.141(3)-(4), Fla. Stat. (1991). . . .

A. BARBER, v. STATE, 988 So. 2d 1170 (Fla. Dist. Ct. App. 2008)

. . . .” § 947.141(4), Fla. Stat.; see also Sutton v. Fla. . . .

BROWN, Sr. v. A. McNEIL,, 591 F. Supp. 2d 1245 (M.D. Fla. 2008)

. . . Reese: The hearing is held pursuant to Florida Statute 947.141, this is a final revocation hearing, but . . . Under Florida Statute § 947.141(4), a panel of no fewer than two commissioners make the determination . . . Moreover, Florida Statute section 947.141 provides that conditional release supervision may be revoked . . . Stat. § 947.141(3)(a)-(g). . . . . Stat. § 947.141(4). . . .

WAINWRIGHT, v. STATE, 983 So. 2d 635 (Fla. Dist. Ct. App. 2008)

. . . .” § 947.141(4), Fla. Stat. (2007). . . . .” § 947.141(6), Fla. Stat. (2007). . . .

L. DWYER, v. STATE, 981 So. 2d 606 (Fla. Dist. Ct. App. 2008)

. . . See §§ 947.1405, 947.141, Fla. Stat. (2000). . . .

BROOKS, v. FLORIDA PAROLE COMMISSION,, 974 So. 2d 494 (Fla. Dist. Ct. App. 2008)

. . . habeas corpus, challenging as unconstitutional the conditional release statutes, sections 947.1405 and 947.141 . . .

DAVIS, v. STATE, 943 So. 2d 975 (Fla. Dist. Ct. App. 2006)

. . . See §§ 947.141(6), 948.06(7), Fla. Stat. (2006); see also Frederick v. . . .

JEFFERSON, v. STATE, 937 So. 2d 833 (Fla. Dist. Ct. App. 2006)

. . . We have also determined that section 947.141(4), Florida Statutes (1989), provides no authority for forfeiture . . .

REYES, v. FLORIDA PAROLE COMMISSION,, 935 So. 2d 594 (Fla. Dist. Ct. App. 2006)

. . . Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); see also § 947.141(3), Fla. . . .

HARRIS, v. FLORIDA PAROLE COMMISSION,, 917 So. 2d 217 (Fla. Dist. Ct. App. 2005)

. . . In section 947.141, Florida Statutes, the Legislature authorized the Commission, not a hearing examiner . . . trial court’s ruling on a judgment of acquittal de novo, the Parole Commission is authorized by section 947.141 . . . Under section 947.141, Florida Statutes, the Commission is to conduct a hearing with a hearing examiner . . . Section 947.141 provides that a “panel of no fewer than two Commissioners shall enter an order determining . . . exists to sustain a finding that a conditional releasee violated the terms of his release under section 947.141 . . .

PALAZON, v. V. CROSBY, Jr., 913 So. 2d 741 (Fla. Dist. Ct. App. 2005)

. . . Section 947.141(3), Florida Statutes (2004), provides that if a releasee is charged with violating conditional . . .

DEPARTMENT OF CORRECTIONS, v. WILLIAMS,, 901 So. 2d 169 (Fla. Dist. Ct. App. 2005)

. . . . § 947.141. The Commission is empowered to revoke conditional release after a hearing. § 947.23. . . .

COLLINS, v. K. HENDRICKSON, 371 F. Supp. 2d 1326 (M.D. Fla. 2005)

. . . Section 947.141, Fla. . . . Stat. 947.141(4) (emphasis added). . . . Stat. § 947.141. . . . Stat. 947.141(4). . . . Stat. §§ 947.13, 947.141, 947.146. . . . .

GASKINS, v. CROSBY,, 371 F.3d 820 (11th Cir. 2004)

. . . . §§ 944.28(1), 947.141(6). . . .

V. CROSBY, Jr. v. BOLDEN,, 867 So. 2d 373 (Fla. 2004)

. . . November 18, 2000, 236 days after his physical release, Bolden was returned to prison pursuant to section 947.141 . . . Section 947.141(3) also provides the FPC may "enter such other order as it considers proper.” . . .

MABREY, v. FLORIDA PAROLE COMMISSION,, 858 So. 2d 1176 (Fla. Dist. Ct. App. 2003)

. . . gain time, Mabrey was released from custody in accordance with the provisions of sections 947.1405 and 947.141 . . .

BOLDEN, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 865 So. 2d 1 (Fla. Dist. Ct. App. 2003)

. . . The statute governing revocation of conditional release, section 947.141(4), Florida Statutes (1991), . . .

W. MAYES J. v. W. MOORE,, 827 So. 2d 967 (Fla. 2002)

. . . See § 947.141(6), Fla. Stat. (2001) (emphasis added). . . .

GILLARD, v. STATE, 827 So. 2d 316 (Fla. Dist. Ct. App. 2002)

. . . was without jurisdiction to conduct the revocation hearing beyond the 45-day time period in section 947.141 . . . Because we determine that the time period in section 947.141(2) is not jurisdictional and that the delay . . . Section 947.141(2) is silent as to the consequences of a revocation hearing conducted in violation of . . .

HODGES, Sr. v. STATE, 800 So. 2d 704 (Fla. Dist. Ct. App. 2001)

. . . See generally §§ 947.141(4), -.141(6), - .146(12), Fla. Slat. (1999). . . .

GRAY, v. STATE, 791 So. 2d 560 (Fla. Dist. Ct. App. 2001)

. . . . § 947.141(4). . . . Stat. § 947.141(4). . . .

HULL, v. W. MOORE,, 790 So. 2d 560 (Fla. Dist. Ct. App. 2001)

. . . Hull principally relies upon the language of section 947.141(6), Florida Statutes (2000), formerly section . . . 947.141(4). . . . See § 947.141(6), Fla. Stat. (2000). . . . 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). . . .

L. GILLARD, v. FLORIDA PAROLE COMMISSION,, 784 So. 2d 1214 (Fla. Dist. Ct. App. 2001)

. . . See sec. 947.141(2), Fla. Stat. (1991). . . .

WESTBERRY, v. W. MOORE,, 772 So. 2d 1208 (Fla. 2000)

. . . See §§ 944.28(1); 947.141(6), Fla. Stat. (1999). . . .

ANDREWS, v. FLORIDA PAROLE COMMISSION, 768 So. 2d 1257 (Fla. Dist. Ct. App. 2000)

. . . Among the enforcement powers given to the Commission, under section 947.141, is the power to issue a . . . . § 947.141(1)-, Fla. Stat. (1995). . . .

B. DUNCAN, v. W. MOORE, 754 So. 2d 708 (Fla. 2000)

. . . See § 947.141, Fla. Stat. (1999); Fla. Admin. Code R. 22-23.011(4). . . .

LEWIS, Jr. v. W. MOORE,, 753 So. 2d 1242 (Fla. 2000)

. . . The requisite statutory authority for this forfeiture is found both in section 947.141(6) and in section . . . the terms of their supervision subsequent to July 1, 1996, shall be subject to the provisions of s. 947.141 . . . With only minor revisions since 1989, section 947.141(6) has provided, in pertinent part: Whenever a . . . See § 947.141(6), Fla. Stat. (1999)(empha-sis added). . . . control release credits are a type of gain time, section 947.146(14), by cross-referencing section 947.141 . . .

GRANT, v. STATE, 745 So. 2d 519 (Fla. Dist. Ct. App. 1999)

. . . Chapter 97-239, Laws of Florida, in addition to adding section 775.082(8), also amended sections 944.705, 947.141 . . .

YOUNG, v. STATE, 719 So. 2d 1010 (Fla. Dist. Ct. App. 1998)

. . . Chapter 97-239, Laws of Florida, in addition to adding section 775.082(8), also amended sections 944.705, 947.141 . . .

SCANTLING, v. STATE, 711 So. 2d 524 (Fla. 1998)

. . . inmate on control release has already been sentenced for an earlier offense, and pursuant to section 947.141 . . .

RIVERA, v. K. SINGLETARY,, 707 So. 2d 326 (Fla. 1998)

. . . that the Commission has broad authority under sections 947.1405, 944.291(2) and especially section 947.141 . . . Section 947.141(3), Florida Statutes (1991), provides: Within a reasonable time following the hearing . . .

A. EDWARDS, v. STATE, 705 So. 2d 943 (Fla. Dist. Ct. App. 1998)

. . . Section 947.141, Florida Statutes, establishes that a prisoner whose conditional release is revoked may . . .

H. GAY, v. K. SINGLETARY,, 700 So. 2d 1220 (Fla. 1997)

. . . Section 947.141, Florida Statutes (1995), concerns revocations of several of the Parole Commission’s . . . the terms and conditions of control release, such offender shall be subject to the provisions of s. 947.141 . . . Section 947.141 provides in pertinent part: (4) Within a reasonable time following the hearing, the commissioner . . .

FLEMING, v. STATE, 697 So. 2d 1322 (Fla. Dist. Ct. App. 1997)

. . . Moreover, section 947.141(4) expressly provides that upon revocation of conditional release, the prisoner . . .

DAVIS, v. STATE, 697 So. 2d 957 (Fla. Dist. Ct. App. 1997)

. . . See § 947.141, Fla. Stat. (1995). . . .

BOWLES, v. K. SINGLETARY,, 698 So. 2d 1201 (Fla. 1997)

. . . 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 . . . would result in a forfeiture of basic and incentive gain time. §§ 944.28(1), 948.06(6), 947.146(9), 947.141 . . . releasees were entitled to a due process hearing in front of a neutral fact-finder. §§ 947.146(9), 947.141 . . .

SCANTLING, v. STATE, 704 So. 2d 565 (Fla. Dist. Ct. App. 1997)

. . . inmate on control release has already been sentenced for the earlier offense, and pursuant to section 947.141 . . .

DOUGLAS, v. STATE, 606 So. 2d 1281 (Fla. Dist. Ct. App. 1992)

. . . Sections 947.141(4), 947.146(11), Fla.Stat. . . .