The 2024 Florida Statutes
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. . . See § 947.146(2), Fla. Stat. (2011). . . .
. . . . § 947.146. In 1994, Petitioner was arrested for violation of the conditions of his release. . . . Stat. § 947.146(10). . . . Stat. § 947.146 after serving three years of his sentence. . . . Stat. §§ 947.13, 947.141, 947.146. . . . . Stat. § 947.146 (1989-1993). . . .
. . . 948, provisional release as described in s. 944.277, parole, or control release as described in s. 947.146 . . .
. . . . § 947.146, and the Provisional Credits statute was subsequently repealed, Fla. . . . Stat. § 947.146; Fla. Admin. Code 23-22.006-015. . . .
. . . The State’s response to the petition noted that forfeiture authority is set out in sections 947.146 and . . .
. . . . § 947.146) did not authorize control release for prisoners, like Appellant, who have been convicted . . .
. . . State, 608 So.2d 93 (Fla. 2d DCA 1992); § 947.146, Fla. Stat. (2001) (authorizing control release). . . .
. . . Parole Commission, 666 So.2d 135, 137 (Fla.1996) (noting that in section 947.146(3), Florida Statutes . . .
. . . See § 947.146(7)(a)l.e., Fla. Stat. (Supp. 1992). . . .
. . . See § 947.146, Fla. Stat. (1993). . . .
. . . 754 So.2d 708, 710 (Fla.2000) (citations omitted) (holding that both section 947.1405(6) and section 947.146 . . . Stat. § 947.146 (1988). . . . .
. . . Since Thomas already had probation to follow, under the control release statute, see § 947.146(10), Fla.Stat . . . See § 947.146, Fla.Stat. (2000). The control release program went into effect on September 1, 1990. . . . See § 947.146(10), Fla.Stat. (1999) (emphasis added). . . .
. . . See § 947.146(2), Fla. Stat. (1997). . . . See § 947.146(10). . . .
. . . 948, provisional release as described in s. 944.277, parole, or control release[] as described in s. 947.146 . . .
. . . Section 947.146(14), Florida Statutes (Supp.1996) provides: Effective July 1, 1996, all control release . . . Accordingly, because we find that control release credits are a type of gain time, section 947.146(14 . . . However, the control release statute, section 947.146, has always indicated that a control releasee who . . . See § 947.146, Fla. Slat. (1989-1999). . . .
. . . See § 947.146(11), Fla. Stat. (1995). During the sentencing hearing, Mr. . . .
. . . grounds the parole commission, acting as the control release authority, failed to comply with section 947.146 . . .
. . . the laws of this state or the rules of the department, gain time may be forfeited according to law”), 947.146 . . .
. . . The petitioner was released under the Control Release Act, section 947.146, Florida Statutes (1990). . . .
. . . See § 947.146(1), Fla. Stat. (1989). . . . See § 947.146(2), Fla. Stat. (1989); Fla. Admin. Code R. 23-22.006-22.008. . . . See § 947.146(2), Fla. Stat. (1993); § 947.146(2), Fla. Stat. (Supp.1994). . . . See §§ 947.146(2); 944.096(4)(b); 944.023(1)(b), Fla. . . . See §§ 947.146(2); 944.096(4)(b); 944.023(l)(b), Fla. . . .
. . . . § 52, at 2690 (establishing effective date of control release program); see also § 947.146, Fla. . . . [IJawful capacity of the state prison system.” § 947.146(6), Fla. Stat. (1989) (emphasis added). . . . Ch. 90-337, § 12, at 2785, Laws of Fla.; § 947.146(2), Fla. Stat. (Supp.1990). . . . Ch. 96-422, § 19, at 3326, Laws of Fla.; § 947.146(14), Fla. Stat. (Supp. 1996). . . .
. . . See § 947.146(2), 944.023(b), Fla. Stat. (1995); ch. 95-251, §§ 1,4, at 2235-36, 2238, Laws of Fla. . . . See § 947.146, Fla. Stat. (1997). . . .
. . . 948, provisional release as described in s. 944.277, parole, or control release as described in s. 947.146 . . .
. . . credits that were allegedly earned and then taken away by application of statutory amendments to section 947.146 . . .
. . . for robbery, because he had not received provisional release credits pursuant to sections 944.277 and 947.146 . . .
. . . See § 947.146(4)(e), Fla. Stat. (1989). . . . Thus, the cancellation of control release credits pursuant to section 947.146(3)(g), Florida Statutes . . .
. . . See § 947.146, Fla. Stat. (1995). In this case, the supervised release is Conditional Release. . . . See § 947.146, Fla. Stat. (1997). . . . See § 947.146, Fla. . . .
. . . See § 947.146, Fla. Stat. (Supp.1994). . . . See § 947.146(1), Fla. Stat. (1995). . . . See § 947.146, Fla. Stat. (1989). . . . The Parole Commission’s authority concerning Control Release is described in section 947.146 and the . . . See § 947.146, Fla. Stat. (1995); Fla. Admin. . . .
. . . was released from the Department of Corrections by the Control Release Authority created by section 947.146 . . .
. . . Section 947.146, Florida Statutes (1989), described the manner in which eligible inmates would be chosen . . . 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 . . . were advised that failure to follow the agreed-upon conditions would result in a return to prison. § 947.146 . . . All releasees were entitled to a due process hearing in front of a neutral fact-finder. §§ 947.146(9) . . .
. . . . §947.146 (Supp. 1992). See Fla. Op. Atty. . . .
. . . The statute states in part, “The provisions of s. 947.146 [the control release program] shall be applied . . . release program which is designed to keep the state prison system within its lawful maximum capacity. § 947.146 . . . will continue to monitor the prison population and perform other appropriate functions under section 947.146 . . .
. . . Appellant’s ineligibility was based upon section 947.146(4)(d), Florida Statutes (Supp.1992), which disqualifies . . .
. . . certified two questions: Whether, for purposes of control release eligibility determinations under section [947.146 . . . Whether an arresting officer’s affidavit may be used to deny control release eligibility, under section [947.146 . . . Parole Commission (the “Commission”) denied Gramegna eligibility for control release based on section 947.146 . . . Section 947.146 creates the Control Release Authority (the “authority”) which is composed of members . . . perverted manner; or non-consensual handling or fondling of the sexual organs of another person[.] § 947.146 . . .
. . . He complains that the Parole Commission has denied him control release eligibility under section 947.146 . . . inmates “convicted ... of committing or attempting to commit ... battery ... against an officer.” § 947.146 . . . In contrast, section 947.146(4)(c), Florida Statutes (1991), requires proof of nothing other than a specified . . . Similarly, section 947.146(4)(h), Florida Statutes (1993), “requires proof of nothing other than a specified . . . OFFICER’S AFFIDAVIT MAY BE USED TO DISQUALIFY AN INMATE FROM CONTROL RELEASE ELIGIBILITY, UNDER SECTION 947.146 . . .
. . . . and shall not be eligible for parole or release under the Control Release Authority pursuant to § 947.146 . . .
. . . . § 947.146 (1989-1993). II. . . . of provisional credit under § 944.277, and the retroactive application of' control release under § 947.146 . . . The court found no liberty interests vested under § 944.277 or § 947.146. . . .
. . . Section 947.146(3)(i) provides that “murderers” are ineligible for control release, and the Department . . . With these principles in mind, we consider the petitioner’s claim that Florida Statutes § 947.146 violates . . . Section 947.146, which implemented the control release program, was enacted and took effect after the . . . Fla.Stat. § 947.146(2). . . . See Fla.Stat. § 947.146(2). . . .
. . . The present case raises the question of eligibility for control release, as established by section 947.146 . . . While the statute excluded habitual offenders from control release consideration, section 947.146(4)( . . . sexual battery, certain crimes committed against state prosecutors, judges, or justices, and murder. § 947.146 . . .
. . . See §§ 947.1405, 947.146, Fla.Stat. (1993). . . .
. . . . § 812.014(2)(b), Fla.Stat. (1991). .See § 947.146, Fla.Stat. (1991). . . .
. . . Commission) determined that his convictions rendered him ineligible for control release under section 947.146 . . . Under section 947.146(3)(c), Florida Statutes (1991), the Legislature has provided that control release . . . Fulkroad control release eligibility under the sexual battery disqualifier then contained in section 947.146 . . . Grant permits the Commission to deny control release pursuant to 947.146(4)(c), relying on an arrest . . . When section 947.146 was subsequently amended, this subsection was renumbered as 947.146(3)(c). . . .
. . . Heatley notes that the court did not mention his ineligibility for “control release,” pursuant to section 947.146 . . .
. . . When Kirkland speaks of “control release,” we assume he refers to release pursuant to section 947.146 . . . See § 947.146(4). . . . . § 947.146(11). . . .
. . . , informed appellant that his sex offense rendered him ineligible for control release under section 947.146 . . . eligibility for control release, disputing that his was one of the disqualifying sex offenses described in § 947.146 . . . arrest reports, or other documents leading to or generated during the course of criminal proceedings. § 947.146 . . . a perverted-manner; or nonconsensual handling or fondling of the sexual organs of another person; § 947.146 . . .
. . . See § 947.146, Fla.Stat. (1991). . . .
. . . . § 947.146(2), Fla.Stat. (1991). . . . Chapter 947 deals with matters involving the Commission, and section 947.146, Florida Statutes, specifically . . . The gravamen of the petitions is that section 947.146, Florida Statutes (1991), the statute establishing . . . In its statement of purpose, the Legislature explicitly provided in section 947.146(2), Florida Statutes . . .
. . . Appellant argued that the denial of provisional credits based on retroactive application of section 947.146 . . . judge, in denying the petition for writ of mandamus, correctly determined that application of section 947.146 . . .
. . . the Florida Parole Commission implemented the “Control Release Program,” which is governed by section 947.146 . . . Section 947.146(4)(i). . . .
. . . The control release program, which is administered under section 947.146, Florida Statutes (1991), provides . . . 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)-( . . . In his petition, King raises a question of law regarding the correct application of section 947.146(4 . . . Based upon his construction of section 947.146(4)(h), he alleges that the control release authority has . . .
. . . by the Control Release Authority (Authority) under the status “control release” pursuant to section 947.146 . . . Section 947.146, Florida Statutes (1989), created the Control Release Authority which is composed of . . . Section 947.146(2), Fla.Stat. . . . Section 947.146(10), Fla.Stat. . . . Sections 947.141(4), 947.146(11), Fla.Stat. . . .
. . . regardless of the order of his sentences, he may not receive the benefit of control release under section 947.146 . . .
. . . . § 947.146, Fla.Stat. (1991); Fla.Admin.Code Rule 23-22.0006(5). . . .