Florida/Georgia Personal Injury & Workers Compensation

...and said Commission took notice of said report as evidence in arriving at its determination that the petitioner had violated the terms of his parole." We must determine from the record before us whether the parole of petitioner was lawfully revoked. Section 947.22 provides that if any member of the Commission or any parole supervisor has "reasonable ground" to believe that a parolee has violated the terms of his parole in a "material respect," the parolee under outlined procedure shall be brought before the Commission; Section 947.23(1), F.S....

...This temporary custodial detention did not ripen into reimprisonment for parole revocation because the Commission ultimately determined that the violation of the conditions of parole was not to the degree requiring revocation. We also recognize that section 947.22(1), Florida Statutes (1991) provides that if a parolee is arrested on an allegation of a parole violation and is not released on bail or on his own recognizance, "the parolee shall be committed to jail pending hearings pursuant to s. 947.23." (Emphasis added). However, "committed" as used in section 947.22 appears to mean "placed" or "held" on a temporary basis as opposed to the more formal "commitment" to the Department of Corrections which occurs after sentencing....

...He was arrested again, however, on December 18, 1978, on a warrant issued by the Florida Parole & Probation Commission and was incarcerated in Duval County for parole violation. Appellee's request for bond was denied, so he petitioned for habeas corpus and, after a hearing, was released. Appellant contends Section 947.22, Florida Statutes (1977), allows for incarceration when a parolee violates a condition of his parole, and Section 947.23 demands a parole revocation hearing "[a]s soon as practicable after the arrest......

...Johns County (his parole having been automatically revoked by the terms of Section 949.10) and then rearrested and reincarcerated in Duval County. Given the language of Section 949.11, it would appear the Legislature created a specific exception to Section 947.23 when a parolee is arrested on a felony charge. That is, Section 947.22 — reasonable grounds to believe parole has been violated — applies to violation of any term or condition of parole other than arrest on a felony charge....

...In a case such as this, when a parolee is arrested for a felony, he could simply be allowed to remain in jail for ten days without any attempt by the Commission to hold a hearing and then be released pursuant to Section 949.11, only to be imprisoned again under Section 947.22 for the same alleged parole violation while the Commission prepares to hold its hearing "as soon as practicable." See Morrissey v....

...The court ruled in this manner despite the fact that Sylvester had been arrested by a parole supervisor subsequent to the temporary revocation of parole. This ruling was similar to the result in Carson v. Bishop, 378 So.2d 882 (Fla. 1st DCA 1979). There, the First District held that Section 947.22 (which empowers the Parole and Probation Commission to issue warrants and make arrests when reasonable grounds to believe a parole violation exists) only applies to violations of parole other than subsequent felony arrests....

...; they only mandate that a paroled felon, arrested for the commission of a felony, will have his parole temporarily revoked for ten days. At any time after the new arrest the Commission may commence formal revocation proceedings pursuant to Sections 947.22 and 947.23....

...on warrant of the Parole and Probation Commission absent a showing of the Commission's abuse of discretion. We note that the warrant procedure is only one of the two methods by which the Parole and Probation Commission can effectuate an arrest under Section 947.22....

...This marked the initiation of formal proceedings against the appellee, and the provisions of Sections 949.10 and 949.11 became irrelevant at this point in time. Consequently, the validity of Sylvester's detention depended upon adherence to the requirements of Sections 947.22 and 947.23, not the application of Sections 949.10 through 949.12....

given the Parole and Probation Commission by Section 947.22, Florida Statutes, in granting bail to parole

...It is admitted that appellee was tried and convicted for crime in a court of competent jurisdiction and that he was paroled by the Florida Parole Commission. Appellant contends that when this is the case there is no power in the Circuit Court to allow bail. Ex parte Hyde, 140 Fla. 494 , 192 So. 159 , and Section 947.22, Florida Statutes, F.S.A., are relied on to support this contention. Ex parte Hyde is authority for the view that bail is allowable before conviction but thereafter the allowance of bail is discretionary and allowable only, in cases bailable according to the course of the common law or the statutes. Section-947.22(l), Florida Statutes, F.S.A., is a portion of Chapter 20519, Acts of 1941, creating and defining the powers of the Florida Parole Commission, and is as follows: “If any member of the commission shall have reasonable ground to believe that an...

Statutes; (6) that he was illegally arrested under section 947.22, Florida Statutes, as that statute constitutes

...a warrant under specified conditions); § 901.252, Fla. Stat. (allowing a municipal law enforcement officer to patrol municipal property outside city limits and to detain a person if there is probable cause to believe the person violated the law on that property); § 947.22, Fla....