Florida Statute 947.141 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 947
FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE

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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.

(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 CourtListener

Amendments to 947.141

Annotations, Discussions, Cases:

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

Cases Citing Statute 947.141

Total Results: 37

Duncan v. Moore

754 So. 2d 708, 2000 WL 300409

Supreme Court of Florida | Filed: Mar 23, 2000 | Docket: 1523568

Cited 31 times | Published

revoke his release and forfeit his gain time. See § 947.141, Fla. Stat. (1999); Fla. Admin. Code R. 22-23

Gay v. Singletary

700 So. 2d 1220, 1997 WL 656234

Supreme Court of Florida | Filed: Oct 23, 1997 | Docket: 1373706

Cited 17 times | Published

be taken in regard to such violations.[6] Section 947.141, Florida Statutes (1995), concerns revocations

Bowles v. Singletary

698 So. 2d 1201, 1997 WL 348105

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 434485

Cited 16 times | Published

would be subject to section 947.141; both section 947.146(9) and section 947.141 provided for gain time

Andrews v. Florida Parole Com'n

768 So. 2d 1257, 2000 WL 1530915

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1525510

Cited 15 times | Published

enforcement powers given to the Commission, under section 947.141, is the power to issue a warrant, after a probable

Rivera v. Singletary

707 So. 2d 326, 1998 WL 65396

Supreme Court of Florida | Filed: Feb 19, 1998 | Docket: 1259659

Cited 15 times | Published

947.1405,[3] 944.291(2)[4] and especially section 947.141,[5] to either grant or deny a releasee credit

Mayes v. Moore

827 So. 2d 967, 2002 WL 31084622

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 1362103

Cited 13 times | Published

"earned up to the date of release." *974 See § 947.141(6), Fla. Stat. (2001) (emphasis added). Although

Scantling v. State

711 So. 2d 524, 1998 WL 254396

Supreme Court of Florida | Filed: May 21, 1998 | Docket: 1337871

Cited 7 times | Published

sentenced for an earlier offense, and pursuant to section 947.141(4), Florida Statutes, an inmate violating control

Gillard v. State

827 So. 2d 316, 2002 WL 31026945

District Court of Appeal of Florida | Filed: Sep 12, 2002 | Docket: 1364735

Cited 5 times | Published

revocation hearing beyond the 45-day time period in section 947.141(2), Florida Statutes (1991). Because we determine

Davis v. State

697 So. 2d 957, 1997 WL 428521

District Court of Appeal of Florida | Filed: Aug 1, 1997 | Docket: 1776618

Cited 5 times | Published

violating the terms of his control release. See § 947.141, Fla. Stat. (1995). Upon his return to prison

Wainwright v. State

983 So. 2d 635, 2008 WL 2038275

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1688863

Cited 4 times | Published

returned to prison "to serve the sentence imposed." § 947.141(4), Fla. Stat. (2007). Also, if conditional release

United States v. Franklin

721 F. Supp. 2d 1229, 2010 U.S. Dist. LEXIS 61981, 2010 WL 2540114

District Court, M.D. Florida | Filed: Jun 22, 2010 | Docket: 2405500

Cited 3 times | Published

state's conditional-release program. FLA. STAT. § 947.141 provides the details regarding violations of conditional

Collins v. Hendrickson

371 F. Supp. 2d 1326, 2005 WL 1220660

District Court, M.D. Florida | Filed: Jan 26, 2005 | Docket: 2184020

Cited 3 times | Published

comply with the procedures mandated by Fla. Stat. § 947.141(4) for revocation of Control Release, violating

Bolden v. FL. DEPT. OF CORRECTIONS

865 So. 2d 1, 2003 WL 69560

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 1232161

Cited 3 times | Published

governing revocation of conditional release, section 947.141(4), Florida Statutes (1991), makes no mention

Lewis v. Moore

753 So. 2d 1242, 2000 WL 185433

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 2518001

Cited 3 times | Published

authority for this forfeiture is found both in section 947.141(6) and in section 944.28(1), Florida Statutes

Thourtman v. Junior

275 So. 3d 726

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 64719841

Cited 2 times | Published

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

Crump v. State

137 So. 3d 1148, 2014 Fla. App. LEXIS 4801, 2014 WL 1304999

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240190

Cited 2 times | Published

Commission may revoke the conditional release. § 947.141(4), Fla. Stat. (2010) (“[T]he [Commission] panel

McNeil v. Canty

12 So. 3d 215, 34 Fla. L. Weekly Supp. 381, 2009 Fla. LEXIS 975, 2009 WL 1793375

Supreme Court of Florida | Filed: Jun 25, 2009 | Docket: 2541695

Cited 2 times | Published

prior to conditional release is forfeited. See § 947.141(3)-(4), Fla. Stat. (1991). Further, the Florida

Barber v. State

988 So. 2d 1170, 2008 WL 2986483

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1384995

Cited 2 times | Published

releasee to prison to serve the sentence imposed." § 947.141(4), Fla. Stat.; see also Sutton v. Fla. Parole

Scantling v. State

704 So. 2d 565, 1997 WL 329128

District Court of Appeal of Florida | Filed: Jun 17, 1997 | Docket: 2565449

Cited 2 times | Published

sentenced for the earlier offense, and pursuant to section 947.141(4), Florida Statutes, an inmate violating control

Thourtman v. Junior

275 So. 3d 726

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 64719842

Cited 1 times | Published

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

JAY LARSON v. STATE OF FLORIDA

247 So. 3d 26

District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368587

Cited 1 times | Published

Commission may revoke the conditional release. § 947.141(4), Fla. Stat. (2010) ("[T]he [Commission]

Hull v. Moore

790 So. 2d 560, 2001 WL 826716

District Court of Appeal of Florida | Filed: Jul 24, 2001 | Docket: 1734447

Cited 1 times | Published

the language of section 947.141(6), Florida Statutes (2000), formerly section 947.141(4).[1] This statute

Walden v. State of Florida

District Court of Appeal of Florida | Filed: May 2, 2025 | Docket: 70052639

Published

Commission may revoke the conditional release. § 947.141(4), Fla. Stat. (2010) ("[T]he [Commission]

EDWARD WEBB v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64938211

Published

Affirmed. See § 944.28(1), Fla. Stat. (2022); § 947.141(6), Fla. Stat.; Fla. Admin. Code R. 33-601.104(1)(a)2

ARTHUR LEE SMITH v. FLORIDA DEPARTMENT OF CORRECTIONS

255 So. 3d 916

District Court of Appeal of Florida | Filed: Jun 1, 2018 | Docket: 7002808

Published

hearing within forty-five days of his arrest. See § 947.141(2), Fla. Stat. (1991) ("Within 45 days after

Taylor v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236456

Published

action of the Parole Commission"); see also § 947.141, Fla. Stat. (1994). Under the Lewars reading of

Florida Parole Commission v. Robert Taylor

132 So. 3d 780, 39 Fla. L. Weekly Supp. 42, 2014 WL 241906, 2014 Fla. LEXIS 204

Supreme Court of Florida | Filed: Jan 23, 2014 | Docket: 694386

Published

a parole examiner’s recommended sanction. Section 947.141(4), Florida Statutes (2010), conditions the

Brown v. McNeil

591 F. Supp. 2d 1245, 2008 U.S. Dist. LEXIS 39210, 2008 WL 2073910

District Court, M.D. Florida | Filed: May 14, 2008 | Docket: 2286502

Published

Reese: The hearing is held pursuant to Florida Statute 947.141, this is a final revocation hearing, but

Jefferson v. State

937 So. 2d 833, 2006 Fla. App. LEXIS 16210, 2006 WL 2788214

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 64846742

Published

October 1,1989). We have also determined that section 947.141(4), Florida Statutes (1989), provides no authority

Reyes v. Florida Parole Commission

935 So. 2d 594, 2006 Fla. App. LEXIS 13196, 2006 WL 2251924

District Court of Appeal of Florida | Filed: Aug 8, 2006 | Docket: 64846109

Published

92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); see also § 947.141(3), Fla. Stat. (2005). Under these circumstances

Harris v. Florida Parole Commission

917 So. 2d 217, 2005 Fla. App. LEXIS 17934, 2005 WL 3042673

District Court of Appeal of Florida | Filed: Nov 15, 2005 | Docket: 64841560

Published

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

Palazon v. Crosby

913 So. 2d 741, 2005 Fla. App. LEXIS 17236, 2005 WL 2861611

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64840783

Published

authorize anyone to waive the right on his behalf. Section 947.141(3), Florida Statutes (2004), provides that

Department of Corrections v. Williams

901 So. 2d 169, 2005 Fla. App. LEXIS 2006, 2005 WL 415109

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 64837999

Published

that the offender has violated such conditions. § 947.141. The Commission is empowered to revoke conditional

Crosby v. Bolden

867 So. 2d 373, 29 Fla. L. Weekly Supp. 75, 2004 Fla. LEXIS 186, 2004 WL 252040

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 64828590

Published

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

Gray v. State

791 So. 2d 560, 2001 WL 871385

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 1228892

Published

conditional release are limited.[3]See Fla. Stat. § 947.141(4). These limitations demonstrate that the Parole

Edwards v. State

705 So. 2d 943, 1998 Fla. App. LEXIS 154, 1998 WL 4420

District Court of Appeal of Florida | Filed: Jan 9, 1998 | Docket: 64778801

Published

they did not involve a conditional release. Section 947.141, Florida Statutes, establishes that a prisoner

Fleming v. State

697 So. 2d 1322, 1997 Fla. App. LEXIS 9667, 1997 WL 484820

District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 64775410

Published

not a specific *1323release date. Moreover, section 947.141(4) expressly provides that upon revocation