947.22
Authority to arrest parole violators with or without warrant.
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947.22 Authority to arrest parole violators with or without warrant.—
(1) If a member of the commission or a duly authorized representative of the commission has reasonable grounds to believe that a parolee has violated the terms and conditions of her or his parole in a material respect, such member or representative may issue a warrant for the arrest of such parolee. The warrant shall be returnable before a member of the commission or a duly authorized representative of the commission. The commission, a commissioner, or a parole examiner with approval of the parole examiner supervisor, may release the parolee on bail or her or his own recognizance, conditioned upon her or his appearance at any hearings noticed by the commission. If not released on bail or her or his own recognizance, the parolee shall be committed to jail pending hearings pursuant to s. 947.23. The commission, at its election, may have the hearing conducted by one or more commissioners or by a duly authorized representative of the commission. Any parole and probation officer, any officer authorized to serve criminal process, or any peace officer of this state is authorized to execute the warrant.
(2) Any parole and probation officer, if she or he has reasonable ground to believe that a parolee, control releasee, or conditional releasee has violated the terms and conditions of her or his parole, control release, or conditional release in a material respect, has the right to arrest the releasee or parolee without warrant and bring her or him forthwith before one or more commissioners or a duly authorized representative of the Florida Commission on Offender Review or Control Release Authority; and proceedings shall thereupon be had as provided herein when a warrant has been issued by a member of the commission or authority or a duly authorized representative of the commission or authority.
(3) If a law enforcement officer has probable cause to believe that a parolee has violated the terms and conditions of his or her parole, the officer shall arrest and take into custody the parolee without a warrant, and a warrant need not be issued in the case.
History.—s. 16, ch. 20519, 1941; s. 1, ch. 71-111; s. 16, ch. 82-171; s. 1, ch. 82-193; s. 34, ch. 83-131; s. 191, ch. 83-216; s. 5, ch. 85-295; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; ss. 13, 20, ch. 90-337; s. 12, ch. 91-280; s. 1, ch. 93-2; s. 1681, ch. 97-102; s. 3, ch. 2002-255; s. 49, ch. 2014-191.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1954–2025 · leading case: Girtman v. State
Girtman v. State (1993)
“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.”
Carson v. Bishop (1979)
“Appellant contends Section 947.22, Florida Statutes (1977), allows for incarceration when a parolee violates a condition of his parole, and Section 947.”
State v. Olson (2011)
“11, § 4352 (a); Fla. Stat. § 947.22 (1); Ga. Code Ann. § 42-9-48 (a); Haw.”
Jackson v. Mayo (1954)
“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;…”
State v. Sylvester (1981)
“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.”
Blackburn v. Jackson (1954)
“159 , and Section 947.22, Florida Statutes, F.S.A., are relied on to support this contention.”
Raulerson v. State of Florida (2025)
“(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. Stat. (providing for the authority of a parole or probation…”
State ex rel. Murphy v. Partin (1974)
“2d 80 , in which we recognized the exclusive discretion given the Parole and Probation Commission by Section 947.22, Florida Statutes, in granting bail to parole violators is by no means controlling on the constitutional issue.”
Hansen v. Fontana (1987)
“001(13), Florida Statutes; (6) that he was illegally arrested under section 947.22, Florida Statutes, as that statute constitutes an unlawful expansion of the powers granted the Commission under Article II, section 3 of the Florida Constitution; (7) that the Commission has no…”
— 947.22(1) — 1 case
Girtman v. State (1993)
“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.”
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