CopyCited 214 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 24015, 2003 WL 22784246
...release statute. In
response, Appellees point out that, in 1996, the Florida legislature voided all existing control
release dates. Even if control release generally is available, the statute on which Appellant relies
(the 1994 version of Fla. Stat. § 947.146) did not authorize control release for prisoners, like
Appellant, who have been convicted of sexual battery.
4
Under our precedent, “it is proper for a district court to treat a p...
CopyCited 29 times | Published | Supreme Court of Florida | 2002 WL 31319392
...cases are factually distinguishable because they involve statutes which expressly permit the use of police report information in making administrative findings. See, e.g., Gramegna v. Parole Commission,
666 So.2d 135, 137 (Fla.1996) (noting that in section
947.146(3), Florida Statutes (1993), Legislature expressly provided that Parole Commission could rely on information contained in arrest reports to make control release eligibility determinations); Dugger v....
CopyCited 17 times | Published | Supreme Court of Florida | 1997 WL 656234
...lease when that release is revoked due to a violation of the terms and conditions of release. In 1993, Gay began serving several concurrent five-year sentences for drug offenses. In 1994, Gay was released early under Control Release supervision. See § 947.146, Fla....
...hat the Department of Corrections and the Parole Commission are two distinct agencies with different powers and duties. The Florida Parole Commission, as the Control Release Authority, is the agency which administers the Control Release program. See § 947.146(1), Fla....
...See §
944.275(2)(c). Thus, Gay maintains that, under the doctrine of inclusio unius est exclusio alterius, the Department lacks authority to deny him credit. We conclude, however, that the resolution of this case depends not on section
944.275, but rather on section
947.146. Section
944.275(2)(c) is merely instructive as to how the Department of Corrections is to determine inmate release dates. Under section
947.146(1), it is the Parole Commission, as the Control Release Authority, that administers the Control Release program....
...That new section named the Parole Commission as the Control Release Authority and described, among other things, how the Commission would choose control releasees, extend or advance release dates, determine conditions of release, and conduct revocation hearings. See § 947.146, Fla....
...it. [4] See also Moening v. State,
643 So.2d 1201, 1202 (Fla. 5th DCA 1994) (holding inmate not entitled to time spent on Control Release under analysis in Tal-Mason ). [5] The Parole Commission's authority concerning Control Release is described in section
947.146 and the provisions referred to therein. As explained above, section
947.146 creates the Control Release Authority, names the Parole Commission as the Authority, *1223 and provides it with the power to determine whether a control releasee has violated the terms and conditions of release....
...later intent as to the language contained in any of the affected statutory provisions. See ch. 86-183, § 37; ch. 88-122, § 67; ch. 89-531, § 17; ch. 90-337, § 20; ch. 93-2, § 1, Laws of Fla. [3] See ch. 89-526, § 1-8, 52, Laws of Fla. [4] See § 947.146, Fla....
...We find this action to further support our conclusion that the legislature does not intend that a releasee who violates the terms and conditions of release receive credit for time spent under that failed supervision. See ch. 97-78, § 21, Laws of Fla. (amending §
948.06, Fla. Stat. (1995)). [6] Section
947.146 provides in pertinent part: (1) There is created a Control Release Authority which shall be composed of the members of the Parole Commission.......
...rs and perform the duties of: .... (c) Determining whether a person has violated parole 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....
CopyCited 16 times | Published | Supreme Court of Florida | 1997 WL 348105
...of accepting early release. See also Fla.Admin.Code R. 23-22.006(25). Bowles signed the acceptance provision. Control Release was created in 1989 and encompassed numerous statutory sections. See Ch. 89-526, §§ 1, 2, 3, 5, 6, 7, 8, 52, Laws of Fla. 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....
...[4] Control Release allowed eligible inmates to be released early to help alleviate prison overcrowding. Releasees were instructed that if they complied with the terms of their Control Release for the entire supervisionary period, their sentences would be completely satisfied. § 947.146(8), Fla.Stat. (1989); see also Fla.Admin.Code R. 23-22.008, 23-22.013. Many releasees did not have to report to a probation officer but merely had to refrain from breaking the law. § 947.146(8), Fla.Stat....
...Others, depending on their criminal backgrounds, had to report to a probation officer, remain drug-free, or abide by other conditions. See Fla.Admin.Code R. 23-22.008(3)(d)6., 23-22.013. Releasees were advised that failure to follow the agreed-upon conditions would result in a return to prison. § 947.146(8), Fla....
...23-22.013. 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....
...soner is convicted of escape, or if the clemency, conditional release as described in chapter 947, probation or community control as described in chapter 948, provisional release as described in s. 944.277, parole, or control release as described in s. 947.146 granted to him is revoked, the department may, without notice or hearing, declare a forfeiture of all gain-time earned according to the provisions of law by such prisoner prior to such escape or his release under such clemency, conditional...
CopyCited 16 times | Published | Supreme Court of Florida | 1998 WL 892663
...new violent crimes. In an effort to provide a better, more tailored method of reducing prison overcrowding, the Control Release Program was enacted by the legislature, effective September 1, 1990, with a triggering percentage threshold of 97.5%. See § 947.146, Fla....
...owding allotments which advanced the inmate's release date, it was different in several respects. First, the Control Release program was administered by the Parole Commission, sitting as the Control Release Authority, rather than the Department. See § 947.146(1), Fla....
...rior programs. Third, even if inmates were statutorily eligible for Control Release consideration, some inmates' release dates were not advanced as allotments were awarded, because they had been assigned a "non-advanceable" control release date. See § 947.146(2), Fla....
...s to the community, taking into consideration such things as the prior number and type of convictions and prior behavior on supervision, as well as the discretionary consideration of aggravating and/or mitigating factors, including victim input. See § 947.146(5), Fla....
...93-406, §§ 32, 44, at 2966, 2974, Laws of Fla. Then, between 1993 and 1995, the legislature progressively increased the percentage threshold for Control Release. In addition, during several periods of time, beginning in 1993, prison overcrowding exceeded all of the prior thresholds. See § 947.146(2), Fla. Stat. (1993); § 947.146(2), Fla....
...Kivett was offense-eligible for Control Release consideration but after consideration, the Commission found Kivett to be a release risk and assigned him a non-advanceable *503 date. This designation meant that when the Commission awarded allotments (days), they did not affect Kivett's actual release date. See § 947.146(2), Fla....
...According to the Costello settlement agreement, effective July 1, 1985, the definition of "lawful capacity" was determined to be 133% of total design capacity. See § 944.598(6)(b) (note 1), Fla. Stat. (Supp.1992). Effective June 10, 1995, the definition was changed to 150%. See §§
947.146(2);
944.096(4)(b);
944.023(1)(b), Fla....
...Accordingly, it applies to these petitioners. The third definition is 150% of total design capacity. [13] This definition, however, cannot be applied to these petitioners as concerns Emergency Gain Time, Administrative Gain Time, and Provisional Credits. See §§
947.146(2);
944.096(4)(b);
944.023(1)(b), Fla....
...ntinuing authority to award credits "across-the board" until the prison population fell below a certain percentage threshold. See § 944.276(2), Fla. Stat. (1987)(Administrative Gain Time); § 944.277(2), Fla. Stat. (Supp.1988)(Provisional Credits); §
947.146(2), Fla. Stat. (1989)(Control Release). [12] The term "lawful capacity" was later changed to "total capacity" in 1995. See §§
947.146(2),
944.023(b), Fla....
CopyCited 15 times | Published | Supreme Court of Florida | 1998 WL 65396
...lacks authority to deny him credit. This is essentially the same argument that was advanced in Gay v. Singletary,
700 So.2d at 1220. The only difference between Gay's case and this case is that in Gay the supervised release was Control Release. See §
947.146, Fla....
...[1] Both *327 Control Release and Conditional Release are programs administered by the Commission and have been in effect for nearly a decade. [2] Since its inception, Control Release has always been an early release program which is activated by prison overcrowding. See § 947.146, Fla....
...(Supp.1988); ch. 88-122, § 19 at 542 (establishing program); ch. 88-122, § 20 at 543 (establishing violation procedures); ch. 88-122, § 92 at 572 (establishing effective date), Laws of Fla. The Control Release program went into effect on September 1, 1990. See § 947.146, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1992 WL 312747
...ence that does allow for gain time is served last. From our calculations, we conclude that although appellant will receive the benefit of his gain time regardless of the order of his sentences, he may not receive the benefit of control release under section 947.146, Florida Statutes (1989)....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 191, 1995 WL 513
...The Department of Corrections made the last award of provisional credit on January 18, 1991, when the Florida Parole Commission assumed responsibility for controlling inmate population through operation of the control release program under Florida Statutes § 947.146. The control release statute was enacted in 1989 and became effective on September 1, 1990. Section 947.146(3)(i) provides that “murderers” are ineligible for control release, and the Department’s records indicate that the petitioner is accordingly ineligible for control release. (R.l-6 at Al.) Hock challenges the denial of provisional credit under § 944.277 and the retroactive application of § 947.146 as a violation of the Ex Post Facto Clause....
...ir warning of criminal statutes and the punishments they carry. Weaver,
450 U.S. at 28-30 ,
101 S.Ct. at 964-65 ; Dobbert,
432 U.S. at 298 ,
97 S.Ct. at 2300 . With these principles in mind, we consider the petitioner’s claim that Florida Statutes §
947.146 violates the Ex Post Facto Clause. III. Section
947.146, which implemented the control release program, was enacted and took effect after the petitioner committed the offense for which he is now incarcerated. The petitioner is ineligible for the control release program due to the nature of his offense. Thus, section
947.146 is being retroactively applied to deny petitioner eligibility for the control release program. However, in order for §
947.146 to violate the Ex Post Facto Clause, we must also find that the retroactive application of the statute disadvantages the petitioner because it imposes greater punishment....
...These provisional credits would be applied against an inmate’s sentence and reduce the time served in prison. Most recently, the control release statute was enacted to maintain the state prison system at or below 99 percent of its lawful capacity. 2 Fla.Stat. § 947.146(2). Thus, the purpose of control release is to address the administrative problem of prison overcrowding, not to confer a benefit on the prison population. See Fla.Stat. § 947.146(2)....
...Inmates of Nebraska Penal and Correctional Complex,
442 U.S. 1, 7 ,
99 S.Ct. 2100, 2103-04 ,
60 L.Ed.2d 668 (1979) (quoting Board of Regents v. Roth,
408 U.S. 564, 570-71 ,
92 S.Ct. 2701, 2705-06 ,
33 L.Ed.2d 548 (1972)). Here, Florida Statutes §§ 944.277 and
947.146 are administrative, designed solely to relieve prison overcrowding....
...The petitioner had no reasonable expectation that the prison population would ever reach a level that would trigger the use of these early release mechanisms; he had no reasonable expectation of release on any given date. Thus, no liberty interest vests under these statutes. Retroactively applying § 947.146 to petitioner and determining him ineligible for control release, therefore, does not deprive him of any liberty interest protected by the Due Process Clause....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1993 WL 95673
...If an inmate's criminal record is so bad as to score life under the sentencing guidelines, the argument can be made that he probably deserves a true life sentence. Brief of amicus curiae, 6-7. However, in 1990 the Florida Parole Commission implemented the "Control Release Program," which is governed by section 947.146, Florida Statutes (1991)....
...ludes, among others, those serving minimum mandatory sentences, sex offenders, habitual felony offenders, and those convicted of certain violent felonies. Dolan, by virtue of a conviction for attempted second degree murder, appears to be ineligible. Section 947.146(4)(i)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1994 WL 27308
...He alleges that prior to his negotiated pleas of guilty his trial counsel represented to him that he would only serve four to five years of the twenty-two year sentence he was to receive based on his eligibility for the controlled release program. See § 947.146, Fla....
CopyCited 8 times | Published | Supreme Court of Florida | 1998 WL 892627
...This case is plainly distinguishable from Lynce by the fact that Lancaster violated the terms of his release. APPENDIX Overcrowding relief programsDatesThresholds Emergency Gain Time Admin. Gain Time Prov. Credits Control Release § 944.598 § 944.276 § 944.277 § 947.146 6/16/83-6/1/86: 98% 2/5/87-6/30/88: 7/1/88-8/31/90: 9/1/90-6/16/93: of LC* 98% 97.5% below 97.5% of LC* of LC* of LC* 6/2/86-6/16/93: 99% 9/1/90-6/16/93: 6/17/93-4/24/94: of LC* 98% at or below 99% of LC* of LC* 4/25/94-/9/95: between 99%...
...See relevant statute referred to above. In 1995, "Lawful Capacity" was changed to "Total Capacity" and the definition now meant 150% of the total design capacity (except that certain areas such as the medical and mental facilities were to be maintained with less inmate population). See §
947.146(2),
944.023(b), Fla....
...The provisional credits program was repealed and all prior-awarded provisional credits and administrative gain time were cancelled effective June 17, 1993. See §
944.278, Fla. Stat. (1993); ch. 93-406, § 32, 44, Laws of Fla. The Control Release statute is still in effect. See §
947.146, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1994 WL 84094
...Implicit in the trial court's decision is a conclusion that granting Kirkland's motion would be a legal impossibility and therefore a useless gesture. We are not convinced this is so. When Kirkland speaks of "control release," we assume he refers to release pursuant to section 947.146, Florida Statutes *1140 (1991). The control release program was created "in order to maintain the state prison system below 97.5 percent of its lawful capacity." Only certain prisoners are eligible. See § 947.146(4). Those who violate the terms of their control release may be returned to confinement, and are also subject to forfeiture of gain time. § 947.146(11)....
CopyCited 5 times | Published | Supreme Court of Florida | 1998 WL 892775
...elease if and when the prison population reached 97.5% of "lawful capacity." See ch. 89-526, § 2, at 2659-60, Laws of Fla. (establishing Control Release program); id. § 52, at 2690 (establishing effective date of control release program); see also § 947.146, Fla....
...elease date for all eligible inmates; and granted the Authority "the power and duty to ... [e]xtend or advance the control release date of any inmate for whom a date has been established, based upon ... [l]awful capacity of the state prison system." § 947.146(6), Fla....
...The legislation further explicitly provided that "[n]o inmate has a right to control release. Control release is an administrative function solely used to manage the state prison population within lawful capacity." Ch. 90-337, § 12, at 2785, Laws of Fla.; § 947.146(2), Fla....
...gram. Finally, in 1996, the legislature ultimately voided all existing control release dates and provided that "no inmate shall be eligible for release under any previously established control release date." Ch. 96-422, § 19, at 3326, Laws of Fla.; § 947.146(14), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1997 WL 428521
...We disagree with both premises advanced by the trial court in support of its decision to decline relief. Accordingly, we reverse. Davis was serving concurrent terms in state prison when he was released from the Department of Corrections by the Control Release Authority created by section 947.146, Florida Statutes (1995)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1994 WL 148149
...ourt must "confirm that the defendant is personally aware of the possibility and reasonable consequences of habitualization." Ashley,
614 So.2d at 490. Heatley notes that the court did not mention his ineligibility for "control release," pursuant to section
947.146, Florida Statutes (1989)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1206271
...he instant question of whether control release supervision qualifies as "other commitment," we observe first that control release is defined as "an administrative function solely used to manage the state prison population within total capacity." See § 947.146(2), Fla. Stat. (1997). The Control Release Authority determines the "appropriate terms, conditions, and lengths of supervision, if any, for persons placed on control release...." See § 947.146(10)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1993 WL 333575
...The reason for this court's disapproval was the fact that the defendant may not receive the benefit of controlled release. This reason is inapplicable to the instant case in that Owens is not eligible for controlled release because of his conviction for sexual battery. See § 947.146(4)(c), Fla....
CopyCited 3 times | Published | District Court, M.D. Florida | 2005 WL 1220660
...avated battery, was granted control release pursuant to a Florida law authorizing the early release of Florida inmates to control the rising prison population. The FPC administered the program, acting as the Control Release Authority. See Fla. Stat. § 947.146....
...the prison system, Petitioner nonetheless agreed to testify against another target of the investigation. In a continuing effort to maintain the state prison population below 97.5 percent of its lawful capacity, as required by statute, see Fla. Stat. § 947.146, the FPC routinely reviewed inmate files for control release [4] consideration....
...n until October 23, 2007 (Dkt. 13, Ex. D). While the FPC was charged with determining the appropriate terms and conditions of control release, the legislature mandated that the FPC "adopt as a standard condition for all persons released pursuant to [§ 947.146] that such persons shall not commit a violation which constitutes a felony." Fla. Stat. § 947.146(10)....
..., the Court finds that the pleadings show that Plaintiff is challenging his 1991 early release from prison due to prison overcrowding by way of placement on Control Release supervision, which action was performed by the Parole Commission pursuant to Section 947.146, Florida Statutes....
...and has established standards for its revocation, `the prisoner's interest has real substance' and falls within the protections of the [F]ourteenth [A]mendment." Id. (citation omitted). Petitioner was placed on controlled release in 1991 pursuant to Fla. Stat. § 947.146 after serving three years of his sentence....
...ntrol 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....
...The control release statute was enacted in 1989 and became effective on September 1, 1990. One in a series of mechanisms devised to relieve prison overcrowding, control release was administered by the FPC as the Control Release Authority. Fla. Stat. § 947.146 (1989-1993)....
CopyCited 3 times | Published | Supreme Court of Florida | 2000 WL 185433
...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). Section
947.146(14), Florida Statutes (Supp.1996) provides: Effective July 1, 1996, all control release dates established prior to such date become void and no inmate shall be eligible for release under any previously established control release date....
...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....
...tion
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. See §
947.146, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1999 WL 770245
...The terms of one of these sentences are discussed in greater detail in Eblin v. State,
677 So.2d 388 (Fla. 2d DCA 1996). At the time Mr. Eblin committed these burglaries, he was on "control release" from a prior sentence. The parties knew that Mr. Eblin's control release would be revoked because of the burglary charges. See §
947.146(11), Fla....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 10589, 2004 WL 1178461
...Pursuant to this statute, Gaskins was
awarded 270 days of provisional credits while serving his sentence.
After Gaskins committed his offenses, the Florida legislature changed its
approach to the problem of prison overcrowding. It enacted the Control Release
statute, see Fla. Stat. § 947.146, and the Provisional Credits statute was
subsequently repealed, Fla....
...See generally, Fla.
1
For a detailed history of the “maze of overcrowding gain time statutes” enacted in
Florida since the early 1970s, see Gomez v. Singletary,
733 So. 2d 499, 500-02 (Fla. 1998).
2
Stat. §
947.146; Fla....
CopyCited 2 times | Published | District Court, N.D. Florida | 1995 U.S. Dist. LEXIS 2926, 1995 WL 103524
...In 1993 all provisional credits previously granted were cancelled by Fla.Stat. §
944.278. Finally, a fourth mechanism to relieve overcrowding was the creation of what is called control release, administered by the Florida Parole Commission as the Control Release Authority. §
947.146 (1989-1993)....
...r jurisdiction. A. Eleventh Circuit precedent The Eleventh Circuit has recently addressed the credits at issue here. It held that the prospective denial of provisional credit under § 944.277, and the retroactive application of control release under §
947.146, did not violate the Ex Post Facto Clause or due process. Hock v. Singletary,
41 F.3d 1470 (11th Cir.1995). The court found no liberty interests vested under § 944.277 or §
947.146....
CopyCited 2 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 14, 1996 Fla. LEXIS 7, 1996 WL 8257
...Ahrendt, Assistant General Counsel, Tallahassee, for Respondent. SHAW, Justice. We have for review Gramegna v. Florida Parole Commission,
638 So.2d 205 (Fla. 1st DCA 1994), wherein the district court certified two questions: Whether, for purposes of control release eligibility determinations under section [
947.146(4)(c), Florida Statutes (1991)], a child under the age of sixteen can consent to sexual acts that constitute a violation of section
800.04, Florida Statutes [(1991)]? Whether an arresting officer's affidavit may be used to deny control release eligibility, under section [
947.146(4)(c), Florida Statutes (1991)], where the information, indictment, bill of particulars and judgment of conviction do not establish a disqualifying conviction? Gramegna,
638 So.2d at 207-08....
...er section
800.04(1), Florida Statutes (1991), for fondling the breasts and vagina of a fourteen-year-old and placing her hand on his genitals. The Florida Parole Commission (the "Commission") denied Gramegna eligibility for control release based on section
947.146(4)(c), Florida Statutes (1991), which denies eligibility to an inmate convicted of the "nonconsensual" touching of the sexual organs of another....
...CONSENT OF A MINOR The State contends that because the consent of a minor is not a defense to the crimes enumerated in section
800.04, it follows that violations of this section are nonconsensual as a matter of law for control release purposes. We agree. Section
947.146 creates the Control Release Authority (the "authority") which is composed of members of the Commission and has "as its primary purpose the implementation of a system of uniform criteria for the determination of the number and type of inmates who must be released into the community under control release in order to maintain the state prison system at or below 97.5 percent of its lawful capacity." §
947.146(2), Fla....
...(c) Is convicted, or has been previously convicted, of committing or attempting to commit sexual battery, incest, or any of the following lewd or indecent assaults or acts: masturbating in public; exposing the sexual organs in a perverted manner; or nonconsensual handling or fondling of the sexual organs of another person[.] § 947.146(4), Fla....
...s touching of the victim was "nonconsensual" for control release purposes. Our holding above renders this claim moot, but we find that the question is likely to recur and is deserving of review. See Holly v. Auld,
450 So.2d 217 (Fla. 1984). Although section
947.146(4), Florida Statutes (1991), is silent as to whether the authority may use documents other than the judgment of conviction as a basis for determining eligibility for control release, the legislature has clarified its intent, amending...
...any document leading to or generated during the course of the criminal proceedings, including, but not limited to, any presentence or postsentence investigation or any information contained in arrest reports relating to circumstances of the offense. § 947.146(3), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 2002 WL 717819
...At those proceedings, the court revoked his probation (effective the date of the violation) and resentenced him in those cases. Upon his return from resentencing, the Parole Commission reassessed Cross's fitness for early release and determined that he was no longer a good release risk. See § 947.146(7)(a)1.e., Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1994 WL 653462
...eportation. [2] If footnote 8 of Ashley in fact creates a per se rule of reversal, it would make no sense to limit its application to habitual offender cases. The present case raises the question of eligibility for control release, as established by section 947.146, Florida Statutes (1991). While the statute excluded habitual offenders from control release consideration, section 947.146(4)(g), it also excluded a host of other prisoners, including those previously convicted of certain sex crimes, certain crimes of violence, including a sex act, certain crimes committed with the intent to commit sexual battery, certain crimes committed against state prosecutors, judges, or justices, and murder. § 947.146(4)(a)-(i)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 5423, 1994 WL 244429
...of a fourteen-year-old victim, and that he had placed her hand on his penis. Because of the plea, no trial took place. When the Florida Parole Commission (Commission) determined that his convictions rendered him ineligible for control release under section 947.146(4)(c), Florida Statutes, (1991), [2] Gramegna filed a petition for writ of mandamus in circuit court challenging that determination....
...mmit sexual battery. (Emphasis added.) Subsections 944.277(1)(d) and (e), Florida Statutes (1989), required proof of certain facts in addition to proof of a specified conviction in order to disqualify an inmate from provisional release. In contrast, section 947.146(4)(c), Florida Statutes (1991), requires proof of nothing other than a specified conviction in order to disqualify the convict from control release. Under the supposed authority of Grant, the Commission relied in this case on an affidavit never attached to an accusatory pleading or even offered into evidence as grounds to conclude that Gramegna was convicted of an offense listed in section 947.146(3)(c), Florida Statutes (1991). But the Grant court never held that a conviction could be proven except by a copy of the judgment. Under section 947.146(3)(c), Florida Statutes (1991), the Legislature has provided that control release eligibility will be withheld from persons convicted of certain types of lewd or indecent assaults or acts....
...tivity with a child by a person in familial or custodial authority in violation of section 794.041(2)(b), Florida Statutes (1991). The Commission had denied Fulkroad control release eligibility under the sexual battery disqualifier then contained in section 947.146(4)(c), Florida Statutes (1992 Supp.)....
...Grant,
610 So.2d 428 (Fla. 1992), we held that the clear indications of forcible or nonconsensual sexual activity contained in the probable cause affidavit which led to the arrest of Fulkroad provided a sufficient basis for deeming him ineligible for control release under section
947.146(4)(c). Id. While we feel constrained to follow recent precedent, we now question whether Dugger v. Grant permits the Commission to deny control release pursuant to
947.146(4)(c), relying on an arrest affidavit, rather than on the judgment of conviction, as the statute appears to mandate....
...1st DCA 1994), but, for the reasons set forth above, we certify the following question to the Supreme Court of Florida as one of great public importance: WHETHER AN ARRESTING OFFICER'S AFFIDAVIT MAY BE USED TO DENY CONTROL RELEASE ELIGIBILITY, UNDER SECTION 947.146(3)(C), FLORIDA STATUTES (1993), WHERE THE INFORMATION, INDICTMENT, BILL OF PARTICULARS AND JUDGMENT OF CONVICTION DO NOT ESTABLISH A DISQUALIFYING CONVICTION? We recognize that the trial court also based its denial of mandamus relief...
...ve consented to the *208 sexual acts in this case. Accordingly, we certify the following additional question to the Supreme Court of Florida as one of great public importance: WHETHER, FOR PURPOSES OF CONTROL RELEASE ELIGIBILITY DETERMINATIONS UNDER SECTION
947.146(3)(C), FLORIDA STATUTES, A CHILD UNDER THE AGE OF SIXTEEN CAN CONSENT TO SEXUAL ACTS THAT CONSTITUTE A VIOLATION OF SECTION
800.04, FLORIDA STATUTES? The denial of the petition for writ of mandamus is affirmed and the foregoing questions are certified to the Supreme Court of Florida....
...ison system at or below 99 percent of its lawful capacity as defined in s.
944.096. No inmate has a right to control release. Control release is an administrative function solely used to manage the state prison population within lawful capacity... . §
947.146(2), Fla. Stat. (1993). [2] When section
947.146 was subsequently amended, this subsection was renumbered as
947.146(3)(c)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 7621, 2009 WL 1675907
...ree murder is eligible for parole after serving twenty-five years. §
775.082(1), Fla. Stat. (1991). The defendant's motion confuses parole (for which he apparently is eligible) with control release (for which he is apparently not eligible). See id. §
947.146(4)(i)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2017 WL 1372099, 2017 Fla. App. LEXIS 5111
...We
note that an HFO inmate is ineligible for control release, a program used to reduce prison
populations in order to avoid overcrowding; however, no inmate has the right to be
included in any controlled release pursuant to the relevant statute. See § 947.146(2),
Fla....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 8981, 1993 WL 347703
...eived notification from the Commission concerning a control release hearing to be held for inmate Moore. Control release is an administrative function of the Commission utilized to maintain the state prison system below 97.5% of its lawful capacity. § 947.146(2), Fla.Stat....
...The crimes for which Matthews and Moore were convicted and imprisoned were committed in 1986 and 1988, respectively. The timing of the offenses within the 1983-88 window period is relevant to the constitutional question at issue for the following reasons. Chapter 947 deals with matters involving the Commission, and section 947.146, Florida Statutes, specifically deals with the Commission’s authority over control release procedures....
...plied to such person except that such person may be released upon the granting of control release pursuant to s. 94.7.14.6. § 921.001(10), Fla.Stat. (Supp.1990); Ch. 89-526, § 3, Laws of Fla. (emphasis added). The gravamen of the petitions is that section 947.146, Florida Statutes (1991), the statute establishing the Commission’s authority over control release, is unconstitutional as applied to inmates Moore and Matthews under article X, § 9, Florida Constitution, which provides: Repeal or...
...out the punishment for a particular crime. Section 921.001 deals, instead, with the way the executive branch may carry out the sentence imposed by the judicial branch of government. In its statement of purpose, the Legislature explicitly provided in section 947.146(2), Florida Statutes (1991), that “[cjontrol release is an administrative function solely used to manage the state prison population within lawful capacity.” Control release bears no relationship to the punishment that a trial court may impose upon conviction of a crime....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 11360, 1992 WL 322991
PETERSON, Judge. Brian Keith Douglas had been released from incarceration in the Department of Corrections by the Control Release Authority (Authority) under the status “control release” pursuant to section 947.146(2), Florida Statutes....
...He argued below that points should not be assigned because the Authority had not found that he had violated the terms of his control release at the time he was sentenced. He makes no argument that he was not under supervision under the terms of his control release. We affirm. Section
947.146, Florida Statutes (1989), created the Control Release Authority which is composed of the members of the Parole Commission. The control release of a prison inmate is an administrative function used solely to manage the state prison population within lawful capacity. Section
947.146(2), Fla.Stat. When an inmate is placed on control release, appropriate terms, conditions, and length of supervision are imposed. Section
947.146(10), Fla.Stat. If a releasee violates any terms or conditions, he may be returned to prison with all gain time or commutation of time forfeited. Sections
947.141(4),
947.146(11), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 16908, 2001 WL 1517416
...Ornentha James Hodges, Sr. [“Hodges”] seeks review of an order denying his petition for writ of habeas corpus. Hodges was convicted in Florida of various charges and served time in Florida, after which he was given control release on May 10, 1994. See § 947.146, Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5070, 1995 WL 276084
...Any person who violates this paragraph with respect to: 1. A controlled substance named or described in §
893.03(l)(a), (l)(b), (l)(d), (2)(a), or (2)(b) commits a felony of the first degree, ... and shall not be eligible for parole or release under the Control Release Authority pursuant to §
947.146 or statutory gain-time under §
944.275.
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 3982, 1999 WL 169745
...87-13451-CF, and to determine whether, upon reinstatement of the forfeited gain-time for case no. 87-13451-CF, the petitioner would be entitled to immediate release.- VAN NORTWICK and PADOVANO, JJ., CONCUR. . The petitioner was released under the Control Release Act, section 947.146, Florida Statutes (1990)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 7585, 1998 WL 335795
...ition for writ of habeas corpus. Brooks requested the trial court to consider his eligibility for control release and to restore certain control release credits that were allegedly earned and then taken away by application of statutory amendments to section 947.146, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 6585, 1995 WL 360714
...Originally charged with battery on a law enforcement officer, Bell entered a plea of nolo contendere to the lesser included offense of simple battery as part of a plea agreement. He complains that the Parole Commission has denied him control release eligibility under section 947.146(3)(h), Florida Statutes (1993), which precludes such eligibility for inmates “convicted ... of committing or attempting to commit ... battery ... against an officer.” § 947.146(3)(h), Fla.Stat....
...on information in an inmate’s presentence investigation report, to determine eligibility for provisional credits, when factual matters apart from the nature of a conviction were at issue. Dugger v. Grant,
610 So.2d 428 (Fla. 1992).... In contrast, section
947.146(4)(c), Florida Statutes (1991), requires proof of nothing other than a specified conviction in order to disqualify the convict from control release. Gramegna,
638 So.2d at 206-07 . Similarly, section
947.146(4)(h), Florida Statutes (1993), *579 “requires proof of nothing other than a specified conviction in order to disqualify the convict from control release,” and ....
...Florida Parole Commission,
638 So.2d 205 (Fla. 1st DCA 1994), we certify a question of great public importance to our supreme court: WHETHER AN ARRESTING OFFICER’S AFFIDAVIT MAY BE USED TO DISQUALIFY AN INMATE FROM CONTROL RELEASE ELIGIBILITY, UNDER SECTION
947.146(3)(h), FLORIDA STATUTES (1993), WHERE THE JUDGMENT OF CONVICTION IS NOT ITSELF DISQUALIFYING? MINER, WOLF, and BENTON, JJ., concur.
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 7126, 2003 WL 245321
...This court stated that Hall was entitled to serve his habitual sentence first “ ‘in order to preserve [Hall’s] entitlement, if any, to control release.’ ” Id. at 1155 (quoting Smith v. State,
632 So.2d 95, 97 (Fla. 2d DCA 1994)); see also Ricardo v. State,
608 So.2d 93 (Fla. 2d DCA 1992); §
947.146, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 2091, 1993 WL 40475
...In his petition, King requested the trial court to direct the Florida Parole Commission (Commission) to reconsider his eligibility for the control release program and to set his control release date. We affirm. The control release program, which is administered under section 947.146, Florida Statutes (1991), provides for the release of inmates prior to the expiration of their sentences in order to keep the prison population within lawful capacity. The Control Release Authority, comprised of members of the Commission, evaluates each inmate's eligibility for the program based on statutory criteria set out in section 947.146. Those inmates who are excluded by virtue of any one of numerous provisions in section 947.146(4)(a)-(i) are not entitled to have a control release date set. In his petition, King raises a question of law regarding the correct application of section 947.146(4)(h), Florida Statutes (1991). Based upon his construction of section 947.146(4)(h), he alleges that the control release authority has wrongfully determined that he is ineligible for the control release program....
...e. Mandamus will lie where the petitioner shows "that he has a clear legal right to the performance of a clear legal duty by a public officer and that he has no other legal remedies available to him." Hatten v. State,
561 So.2d 562, 563 (Fla. 1990). Section
947.146(4) requires the authority to establish a control release date unless the inmate is disqualified by one of the exclusions of this statute. Cf. Greer v. Florida Parole and Probation Commission,
403 So.2d 1000 (Fla. 1st DCA 1981) (commission has clear legal duty to establish petitioner's presumptive parole release date). While section
947.146 provides that a prisoner has no right to control release, King is not seeking control release but is asking for proper consideration of his eligibility for the program....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 8242, 1996 WL 441535
...3 Defendant also complains in essence that the habitual offender adjudication adversely affected his eligibility for the control release program. We disagree. The 1993 version of the habitual offender statute is applicable to defendant. The statute states in part, “The provisions of s. 947.146 [the control release program] shall be applied to persons sentenced as habitual offenders under paragraph (l)(a), but shall not be applied to persons sentenced as habitual violent felony offenders under paragraph (l)(b).” Id....
...8, 1994. Letter from Judith A. Wol-son, Chairman, Florida Parole Commission, to Governor Lawton Chiles, Dec. 15, 1994. Control release is an early release program which is designed to keep the state prison system within its lawful maximum capacity. § 947.146(2), Fla. Stat. According to the letter of Chairman Wol-son, the Control Release Authority will continue to monitor the prison population and perform other appropriate functions under section 947.146....
CopyPublished | Florida 5th District Court of Appeal | 2001 WL 871385
...by the Parole Commission, which has been in effect for over ten years. See Rivera v. Singletary,
707 So.2d 326, 326-27 (Fla.1998); see also Duncan v. Moore,
754 So.2d 708, 710 (Fla.2000) (citations omitted) (holding that both section
947.1405(6) and section
947.146 did not violate the constitutions' prohibitions against double jeopardy, ex post facto, due process, equal protection, or cruel and unusual punishment)....
...al release. We conclude that section
947.1405(6) does not violate the separation of powers provision under the logic of Harvin. The order denying Gray's petition is affirmed. AFFIRMED. SHARP, W., and ORFINGER, R.B., JJ., concur. NOTES [1] Fla. Stat. §
947.146 (1988)....
CopyPublished | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 411, 1994 Fla. LEXIS 1281, 1994 WL 456624
release date for him under the provisions of section 947.-146, Florida Statutes (1993). We find this claim
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 223, 2001 Fla. LEXIS 623, 2001 WL 328091
...Thomas was awarded a large number of control release credits (a type of overcrowding gain time) and accepted an early release under the control release program in 1992. Since Thomas already had probation to follow, under the control release statute, see § 947.146(10), Fla.Stat....
...of the control release program, but the releasee accepted supervision on control release. The petition for writ of habeas corpus is denied. It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. ■ . See § 947.146, Fla.Stat....
...er action it considers appropriate. If the term of control release supervision exceeds that of the probation or community control, then supervision shall revert to the authority's conditions upon expiration of the probation or community control. See § 947.146(10), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 4222, 1998 WL 176561
...ment. See Weaver v. Graham,
450 U.S. 24, 28-30 ,
101 S.Ct. 960, 963-65 ,
67 L.Ed.2d 17 (1981). In this case, at the time he committed his crime and was sentenced as an habitual offender, the defendant was not entitled to control release credits. See §
947.146(4)(e), Fla. Stat. (1989). Thus, the cancellation of control release credits pursuant to section
947.146(3)(g), Florida Statutes (1995), was not an ex post facto application of law....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 4018, 1993 WL 105449
...Driskell, an inmate in the custody of the Florida Department *192 of Corrections, filed a petition for writ of mandamus challenging the department’s denial of provisional credits under section 944.277, Florida Statute (1989). Appellant argued that the denial of provisional credits based on retroactive application of section 947.146, Florida Statutes, which became effective September 1, 1990, constituted an ex post facto application of the law. The trial judge, in denying the petition for writ of mandamus, correctly determined that application of section 947.146 to appellant did not constitute an ex post fac-to application of the law....
