Florida/Georgia Personal Injury & Workers Compensation

...Gay maintains, however, that the Parole Commission also lacks authority to deny him credit for time spent on Control Release. He argues that while the Parole Commission has very specific authority to award or deny credit for time spent on parole under section 947.21(2), Florida Statutes (1995), there is no similar specific statutory authority to deny credit for time spent on Control Release....

...The current provision concerning credit for time spent on parole was enacted in 1974 and the language of that subsection *1222 has not been amended since that time. [2] Since the Control Release program was not created until 1989, [3] the legislature could not have intended to exclude Control Release violations from section 947.21(2)....

...Release and the Department of Corrections properly refused to include such credit in recalculating Gay's release date, we deny the petition. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] Section 947.21(2), provides: An offender whose parole is revoked may, at the discretion of the commission, be credited with any portion of time he has satisfactorily served on parole. Incidentally, prior to 1974, this provision prohibited the Commission from granting credit for time spent on parole. See § 947.21, Fla. Stat. (1973). [2] The legislative history note located at the bottom of section 947.21 merely refers to the "sunset" provisions enacted several times between 1986 and 1993. See § 119.14, Fla. Stat. (1995). Pursuant to these provisions, all of chapter 947 (including 947.21) was periodically repealed effective at a later date....

...the Florida Parole Commission (hereinafter the Commission) has authority to deny him credit for time spent on supervised release because neither section 944.275, (describing how the Department of Corrections is to determine inmate release dates) nor section 947.21, Florida Statutes (1997) (giving the Parole Commission specific authority to grant or deny credit for time spent on parole, ) has ever specifically addressed such credit when a type of supervised release other than parole is revoked....

...y and respondent is directed forthwith to give petitioner credit on the robbery sentence as outlined in the preceding paragraph. It is so ordered. ROBERTS, ERVIN and ADKINS, JJ., concur. CARLTON, C.J., agrees to conclusion only. NOTES [1] Fla. Stat. § 947.21, F.S.A....

...egislature from authorizing a presiding circuit judge to assign circuit judges for temporary duty). Similarly in Gay, the defendant argued that the Parole Commission lacked the authority to deny him credit for time spent on community control because section 947.21(2), Florida Statutes only provides the Commission with such authority with regard to parole....

...e was no offer of judgment statute or similar provision. See, e.g., Gay, 700 So.2d at 1221-22(since the Control Release program was not created until 1989, the legislature could not have intended to exclude Control Release violations when it enacted section 947.21(2) in 1974)....

...Wainwright, Fla.App.1st, 1973, 285 So.2d 668; Dees v. State, Fla. 1974, 295 So.2d 296. Gibbs next contends that he was subjected to double jeopardy in that through parole revocation all of his gain time, statutory time and parole time has been taken from him. At the time Gibbs' parole was revoked § 947.21 F.S....

...conduct time. Smith v. Blackwell, 5th Cir.1966, 367 F.2d 539; Smith v. Attorney General, 5th Cir.1969, 420 F.2d 488; Woods v. United States, 5th Cir.1971, 449 F.2d 740. The writ is hereby discharged. BOARDMAN and GRIMES, JJ., concur. NOTES [1] Sec. 947.21 F.S....

...Under the existing laws of this State we cannot find that appellant is entitled to credit for the time he was out on parole. In Mayo v. Lukers, Fla. 1951, 53 So.2d 916, it is stated: "It was not the intention of the Legislature by the enactment of Section 947.21 to confer on the Parole Commission the power or authority to suspend, modify or set aside the judgment of a court lawfully imposed in criminal cases, but provided that the period of time the prisoner was on parole and not actually serv...

...petitioner should not receive credit for the time served under parole supervision. We received a response from the Division of Corrections in this and several other causes relating to the same issue which provides in pertinent part: "Florida Statute 947.21 specifically states that a parole or MCR violator is not entitled for deduction of time spent on parole should that individual violate parole and the parole is subsequently revoked....

...Wainwright as I understand them. As to the contentions made in these writs regarding the interpretation of laws, this, of course, is a matter which the courts would have to rule on." The statutory provision referred to by the Division of Corrections 947.21 which provided: "947.21....

...No part of the time *898 he may have been on parole shall in such event, in any manner diminish the time of such sentence. (underscoring supplied.) was amended by the Legislature during the 1974 legislative session by Chapter 74-112, Laws of Florida, to provide: "947.21....

...collateral attack. [1] The Petition for Writ of Habeas Corpus is denied without prejudice to petitioner [2] to make application to the Parole and Probation Commission for such relief as the Commission, within its discretion, deems appropriate under 947.21, Florida Statutes (1974)....

...inder of his 1957 three year sentence, the part that he had not served when he was released on parole. Respondent admits that petitioner is not allowed credit on the 1957 sentence for the time thereon spent at large in violation of his parole as per § 947.21, Florida Statutes, F.S.A....

by the prisoner if parole is revoked [Fla.Stat. § 947.21, F.S.A.], petitioner in this case is faced with

parolees. See s. 944.291, F. S.; AGO 073-473. Section 947.21, F. S., provides that a parolee who violates

parole is within the Commission’s discretion. Section 947.21, Florida Statutes (1981); Coleman v. Wainwright

...In this regard petitioner is also in error, having placed unwarranted reliance in the dissenting opinion filed in the decision cited below. 5 For the reasons hereinabove stated, the petition for writ of habeas corpus is denied. CARROLL, DONALD K., and RAWLS, JJ., concur. . F.S. § 947.21, F.S.A....

this court. I would grant the petition. While § 947.21(2), Fla.Stat.(1981), gives the Florida Parole

...Wainwright, 304 So.2d 446 (Fla. 1974), have not been violated in a manner prejudicial to the petitioner. The contention by the petitioner that time spent on parole should be credited against his sentence is without merit. See Schell v. Wainwright, 322 So.2d 897 (Fla. 1975). Section 947.21, Florida Statutes (1973), governs the situation in this cause....

...for writ of habeas corpus, being treated by this Court as a request for mandamus, is hereby denied. It is so ordered. ADKINS, C.J., and ENGLAND, SUNDBERG and HATCHETT, JJ., concur. NOTES [1] We have jurisdiction. Art. V, § 3(b)(5), Fla. Const. [2] Section 947.21, Florida Statutes, as amended in 1974 by Chapter 74-112, provides as follows: " Violations of parole....

parole and MCR [mandatory conditional release]. Section 947.21, Florida Statutes, does not mandate that an

his sentence for time spent on parole. See Section 947.21, F.S., expressly prohibiting such credit. Petitioner’s

before be- ■ ing released on parole. Under section 947.21, Florida Statutes, he was liable to serve out

PER CURIAM. Petition for writ of habeas corpus herein is denied on authority of Richardson v. Wainwright (Fla.1965), 171 So.2d 375 , and F.S. Section 947.21, F.S.A....