Florida Statute 947.22 | Lawyer Caselaw & Research

The 2024 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. 947.22

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.

F.S. 947.22 on Google Scholar

F.S. 947.22 on Casetext

Amendments to 947.22

Arrestable Offenses / Crimes under Fla. Stat. 947.22

Level: Degree
Misdemeanor/Felony: First/Second/Third

S947.22 - PAROLE VIOLATION - - N: N

Annotations, Discussions, Cases:

Cases Citing Statute 947.22

Total Results: 12

Girtman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-05-21T00:53:00-07:00

Citation: 617 So. 2d 1168

Snippet: requiring revocation. We also recognize that section 947.22(1), Florida Statutes (1991) provides that if a …However, "committed" as used in section 947.22 appears to mean "placed" or "held

Hansen v. Fontana

Court: Fla. Dist. Ct. App. | Date Filed: 1987-12-10T00:00:00-08:00

Citation: 517 So. 2d 714, 12 Fla. L. Weekly 2804, 1987 Fla. App. LEXIS 11566, 1987 WL 2662

Snippet: 6) that he was illegally arrested under section 947.22, Florida Statutes, as that statute constitutes …corpus challenge the constitutionality of section 947.22 under which authority the Commission arrested him

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-05-01T00:53:00-07:00

Snippet: brought to the attention of this office. Cf., s 947.22, F.S., which provides that any parole and probation

Miller v. Toles

Court: Fla. | Date Filed: 1983-10-13T00:53:00-07:00

Citation: 442 So. 2d 177

Snippet: potential parole or probation revocation by sections 947.22 and 948.06, Florida Statutes (1979). The Fourth…Statutes (1979), as read in conjunction with sections 947.22 and 947.23. It explained that section 949.10 provides…Parole and Probation Commission pursuant to sections 947.22 and 947.23. As the Fourth District pointed out

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Court: Fla. Att'y Gen. | Date Filed: 1982-06-01T00:53:00-07:00

Snippet: they have limited powers of arrest pursuant to s 947.22(2). Correctional officers also have the power to

State v. Sylvester

Court: Fla. Dist. Ct. App. | Date Filed: 1981-06-24T00:53:00-07:00

Citation: 401 So. 2d 1123

Snippet: 1979). There, the First District held that Section 947.22 (which empowers the Parole and Probation Commission…formal revocation proceedings pursuant to Sections 947.22 and 947.23. This interpretation of the statutory…Commission can effectuate an arrest under Section 947.22. The other method is the direct, warrantless arrest… upon adherence to the requirements of Sections 947.22 and 947.23, not the application of Sections 949.10

Carson v. Bishop

Court: Fla. Dist. Ct. App. | Date Filed: 1979-12-26T23:53:00-08:00

Citation: 378 So. 2d 882

Snippet: hearing, was released. Appellant contends Section 947.22, Florida Statutes (1977), allows for incarceration…is arrested on a felony charge. That is, Section 947.22 reasonable grounds to believe parole has been…949.11, only to be imprisoned again under Section 947.22 for the same alleged parole violation while the

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Court: Fla. Att'y Gen. | Date Filed: 1976-05-28T00:53:00-07:00

Snippet: subject to arrest and to return to prison. In s. 947.22, F. S., the Parole and Probation Commission is

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-01-28T23:53:00-08:00

Snippet: his parole in a material respect." Sections 947.22(2) and 948.06(1), F. S. Because parole and probation

State ex rel. Murphy v. Partin

Court: Fla. | Date Filed: 1974-09-11T00:00:00-07:00

Citation: 301 So. 2d 1, 1974 Fla. LEXIS 4678

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

Blackburn v. Jackson

Court: Fla. | Date Filed: 1954-07-30T00:00:00-07:00

Citation: 74 So. 2d 80, 1954 Fla. LEXIS 1089

Snippet: parte Hyde, 140 Fla. 494, 192 So. 159, and Section 947.22, Florida Statutes, F.S.A., are relied on to support…course of the common law or the statutes. Section-947.22(l), Florida Statutes, F.S.A., is a portion of Chapter

Jackson v. Mayo

Court: Fla. | Date Filed: 1954-07-20T00:53:00-07:00

Citation: 73 So. 2d 881

Snippet: parole of petitioner was lawfully revoked. Section 947.22 provides that if any member of the Commission or