Florida Statute 947.23 | 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

View Entire Chapter

F.S. 947.23

947.23 Action of commission upon arrest of parolee.—

(1) Within 30 days after the arrest of a person charged with violation of the terms and conditions of her or his parole, the parolee shall be afforded a prompt preliminary hearing, conducted by a member of the commission or its duly authorized representative, at or near the place of violation or arrest to determine if there is probable cause or reasonable grounds to believe that the parolee has committed a violation of the terms or conditions of her or his parole. The parolee may knowingly execute a waiver of this hearing, up until the time of such hearing, provided the consequences of such action have been fully explained. If the parolee elects to proceed with the preliminary hearing:

(a) The parolee shall be afforded a timely notice of the preliminary hearing, which notice shall state the purpose of the hearing and state the alleged violation.

(b) The parolee shall be permitted to cross-examine adverse witnesses, unless it is determined that good cause exists not to allow such examination.

(c) The parolee shall be allowed to call witnesses as provided in subsection (3), and present evidence in her or his own behalf.

(d) The parolee may be represented by counsel.

The findings based on the evidence presented at the preliminary hearing shall be made available to the parolee either immediately following the preliminary hearing or within a reasonable time thereafter.

(2) If the preliminary hearing results in a finding of probable cause or reasonable grounds to believe that a violation of the terms or conditions of parole has occurred, any one or more commissioners or a duly authorized representative of the commission shall convene a final revocation hearing on the alleged violation. The parolee shall appear at the final hearing in person, and, if the parolee desires, she or he may be represented by counsel. At the final hearing, the state and the parolee may introduce such evidence as is necessary and pertinent to the charge of parole violation.

(3) Any one or more commissioners or a duly authorized representative of the commission may administer oaths and compel the attendance of witnesses at such hearing by the issuance of summons, subpoenas, and subpoenas duces tecum. Subpoenas and subpoenas duces tecum shall be enforceable by appropriate proceedings in circuit court, and the failure to comply with a court order enforcing a subpoena or subpoena duces tecum shall constitute contempt of court. Any one or more commissioners or a duly authorized representative of the commission may issue subpoenas on behalf of the state or the parolee. The commission may decline a request to subpoena a witness whose testimony it finds would be cumulative, irrelevant, or nonprobative. The party requesting the subpoenas shall furnish to the commissioner, commissioners, or duly authorized representative of the commission the names and addresses of her or his proposed witnesses at least 10 days prior to the hearing date.

(4) At the hearing, the parolee shall be informed orally and in writing of:

(a) The violation of the terms and conditions of parole with which the parolee has been charged.

(b) The right to be represented by counsel.

(d) The right to secure, present, and compel the attendance of witnesses as provided in subsection (3) and the production of documents on her or his behalf.

(e) The right of access to all evidence used against her or him.

(f) The right to confront and cross-examine adverse witnesses, unless the commissioner, commissioners, or duly authorized representative of the commission conducting the hearing finds specifically, and states in writing, good cause not to allow the confrontation.

(5)(a) At any such hearing convened by one or more commissioners or a duly authorized representative of the commission, the accused may waive her or his right to proceed further if, after being informed of her or his rights and after being advised of the consequences of a waiver in regard to the nature of the order which may be entered as a result of such waiver, the accused affirms, in writing, knowledge and understanding of such rights and consequences and elects, in writing, to execute the waiver.

(b) The accused violator may execute a waiver, in writing, of a final revocation hearing prior to the commencement of such hearing. Such waiver may be executed before a member of the commission or a duly authorized representative of the commission after the accused violator has been informed of her or his rights and after she or he has been advised of the consequences of a waiver. Within 14 days after the execution of a waiver, the accused may withdraw the waiver by executing a withdrawal of waiver before a notary public and forwarding the original of that withdrawal to the commission.

(6) Within a reasonable time after the hearing, the commissioner, commissioners, or duly authorized representative of the commission who conducted the hearing shall make findings of fact in regard to the alleged parole violation.

(a) If the hearing was conducted by three or more commissioners, a majority of them shall enter an order determining whether the charges of parole violation have been sustained, based on the findings of fact made by them. By such order they shall revoke the parole and return the parolee to prison to serve the sentence theretofore imposed upon her or him, reinstate the original order of parole, order the placement of the parolee into a community control program as set forth in s. 948.101, or enter such other order as is proper.

(b) If the hearing was conducted by one or two commissioners or a duly authorized representative of the commission, at least two commissioners shall enter an order determining whether or not the charges of parole violation have been sustained, based on the findings of fact made by the commissioner, commissioners, or duly authorized representative of the commission. The commissioners, by such order, shall revoke the parole and return the parolee to prison to serve the sentence theretofore imposed upon her or him, reinstate the original order of parole, order the placement of the parolee into a community control program as set forth in s. 948.101, or enter such other order as is proper.

(c) If the disposition after the revocation hearing is to place the parolee into a community control program, the commission shall be guided by the procedures and requirements provided in chapter 948 which apply to the courts regarding the development and implementation of community control.

However, any decision to revoke parole shall be based on a violation of a term or condition specifically enumerated in the parole release order. In a case in which parole is revoked, the majority of the commission or the two commissioners shall make a written statement of the evidence relied on and the reasons for revoking parole.

(7) Whenever a parole is revoked by the commission and the parolee is ordered by the commission to be returned to prison, the parolee, by reason of her or his misconduct, shall be deemed to forfeit all gain-time or commutation of time for good conduct, as provided for by law, earned up to the date of her or his release on parole. Nothing herein shall deprive the prisoner of her or his right to gain-time or commutation of time for good conduct, as provided by law, from the date the prisoner is returned to prison.

History.—s. 17, ch. 20519, 1941; s. 4, ch. 21775, 1943; s. 1, ch. 74-241; s. 1, ch. 77-174; s. 19, ch. 78-417; s. 11, ch. 79-42; s. 17, ch. 82-171; s. 2, ch. 82-193; ss. 15, 34, ch. 83-131; s. 6, ch. 85-295; s. 37, ch. 86-183; s. 67, ch. 88-122; ss. 45, 47, ch. 89-526; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1682, ch. 97-102; s. 37, ch. 2004-373.

F.S. 947.23 on Google Scholar

F.S. 947.23 on Casetext

Amendments to 947.23

Arrestable Offenses / Crimes under Fla. Stat. 947.23

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 947.23.

Annotations, Discussions, Cases:

Cases Citing Statute 947.23

Total Results: 20

Peters v. State

Court: Fla. | Date Filed: 2008-05-01T00:53:00-07:00

Citation: 984 So. 2d 1227

Snippet: process requirements outlined in Morrissey. Compare § 947.23, Fla. Stat. (2003) (outlining parole revocation…informed of the right to be represented by counsel, § 947.23(4)(b), Fla. Stat. (2003), we have held that counsel…program, or entering such other order as is proper. § 947.23(6)(a)-(b), Fla. Stat. (2003). [7] This law is

Department of Corrections v. Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-23T00:00:00-08:00

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

Snippet: to revoke conditional release after a hearing. § 947.23. In issuing the writ, the circuit court prohibited

Gibson v. Florida Parole Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-12T00:00:00-08:00

Citation: 801 So. 2d 286, 2001 Fla. App. LEXIS 17501, 2001 WL 1577579

Snippet: been afforded a hearing as required by section 947.23, Florida Statutes. The circuit court denied the

Smith v. Moore

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-10T00:53:00-07:00

Citation: 782 So. 2d 955

Snippet: committed to jail pending hearings pursuant to section 947.23, Florida Statutes, for parole violations and the

Mattern v. FLORIDA PAROLE COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1998-02-17T23:53:00-08:00

Citation: 707 So. 2d 806

Snippet: , 408 U.S. at 489, 92 S.Ct. at 2604; see also § 947.23, Fla. Stat. (1997). With respect to appellant'

Girtman v. State

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

Citation: 617 So. 2d 1168

Snippet: committed to jail pending hearings pursuant to s. 947.23." (Emphasis added). However, "committed

Taylor v. Dugger

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-08T00:53:00-07:00

Citation: 567 So. 2d 1000

Snippet: Florida Parole Commission did not comply with Section 947.23, Florida Statutes (1987), which deals with parole…conditions of his parole," pursuant to section 947.23(1). Taylor claims that the Commission did not provide… violating the following requirement of section 947.23(1): The findings based on the evidence presented…1st DCA 1988) (notice of findings under section 947.23(1) is not required to be in written form). The …failed to comply with this requirement of section 947.23(1). We next consider whether such omission per

Hansen v. Duggar

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-30T00:00:00-08:00

Citation: 536 So. 2d 1169, 14 Fla. L. Weekly 133, 1988 Fla. App. LEXIS 5807, 1988 WL 139531

Snippet: preliminary hearing was untimely under section 947.23, Florida Statutes (1979), there was sufficient … preliminary hearing was untimely under section 947.23. While it may be true that Hansen had no way of…the time the second petition was filed, section 947.23 still afforded an alternative ground at that time…argues that the preliminary hearing violated section 947.23 which provides that parolees shall be permitted…However, we find that the clear intent of section 947.23 is to allow parolees the right to cross-examine

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: After a preliminary hearing pursuant to section 947.23, Florida Statutes, the first allegation was dismissed…cross-examine adverse witnesses, as guaranteed in section 947.-23(4)(f), Florida Statutes, and Morrissey v. Brewer… to present witnesses, as guaranteed in section 947.23(4)(d), Florida Statutes and Morrissey, supra, by…reasons for revoking parole, as guaranteed in section 947.23(6) and Morrissey, supra; (4) that he *716was denied…Article IV, section 8(c) and, therefore, that section 947.23, Florida Statutes is unconstitutional and appellant

Hansen v. Dugger

Court: Fla. Dist. Ct. App. | Date Filed: 1987-11-24T00:00:00-08:00

Citation: 515 So. 2d 1345, 12 Fla. L. Weekly 2663, 1987 Fla. App. LEXIS 11286, 1987 WL 1902

Snippet: cause for the parole violations pursuant to section 947.23, Florida Statutes. The hearing was originally set… after Hansen’s arrest, in violation of section 947.23(1), Florida Statutes; (2) that the preliminary …of violation or arrest,” in violation of section 947.23(1), Florida Statutes; (3) that appellant was not…the preliminary hearing, in violation of section 947.23(l)(a); (4) that appellant was denied the right …cross-examine adverse witnesses, in violation of 947.23(l)(b), since neither of the only witnesses who

Floyd v. PAROLE AND PROBATION COM'N

Court: Fla. | Date Filed: 1987-06-25T00:53:00-07:00

Citation: 509 So. 2d 919

Snippet: .22(7), and the final revocation hearing, see § 947.23, Fla. Stat. (1985). In conclusion, for the foregoing

Hansen v. Wainwright

Court: Fla. Dist. Ct. App. | Date Filed: 1986-08-12T00:53:00-07:00

Citation: 493 So. 2d 38

Snippet: 949.10 and 949.11 are governed by section 947.23. [3] Section 947.23 was later amended by Ch. 82-171, § 17…subsequent felony arrests, are governed by Section 947.23, Florida Statutes (1979), which formerly had required… technical parole violation pursuant to section 947.23. Because, therefore, an alternative basis exists…technical parole violation was consistent with section 947.23, or with the due process requirements of the United…final revocation hearing as in violation of section 947.23. The record before this court clearly indicates

Ago

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

Snippet: COMMISSION SERVE SUBPOENAS ISSUED PURSUANT TO s 947.23, F.S., UPON WITNESSES TO COMPEL THEIR ATTENDANCE…taken with reference to such violations. Section 947.23(1), F.S., requires that within 30 days after the…the terms or conditions of parole has occurred, s 947.23(2) provides that "the commission or a member…presumptive and effective parole release dates. Section 947.23(3), F.S., authorizes the commission, commissioner…b), F.S. and Rule 28-5.301, F.A.C., read with s 947.23(3), F.S., empower the commission (or agency) or

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-04-18T23:53:00-08:00

Snippet: for any such interview or hearing. Pursuant to s 947.23(1), F.S., within 30 days after the arrest of a …this post-arrest preliminary hearing. While a s 947.23(1) preliminary hearing requires the attendance …fact-finding hearing authorized by and referred to in ss 947.23(2), (3), (4) and (5), F.S., may be convened by …the commission . . . ." (e.s.) See also, s 947.23(6), F.S., which requires that the commission make…referred to in subsections (2), (3), (4) and (5) of s 947.23, F.S., is not specifically provided for as it is

Ago

Court: Fla. Att'y Gen. | Date Filed: 1983-10-26T00:53:00-07:00

Snippet: , s 15, Ch. 83-131, Laws of Florida, amending s 947.23(6), F.S. If the commission decides to place the…when the parolee is recommitted to prison. See, s 947.23(6)(a) and (b), F.S. 1983. However, the precise …Stewart, 374 So.2d 1381 (Fla. 1979). Subsections 947.23(6)(a) and (b) both specifically state that the …orders; see also, ss948.01(7), 948.05, 948.06; and s 947.23(6)(c), F.S. 1983, operates to vest the same power…dealing with parole violators. As previously noted, s 947.23, F.S., as amended by Ch. 83-131, Laws of Florida

Miller v. Toles

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

Citation: 442 So. 2d 177

Snippet: as read in conjunction with sections 947.22 and 947.23. It explained that section 949.10 provides that…Probation Commission pursuant to sections 947.22 and 947.23. As the Fourth District pointed out in Sylvester… 949.10 shall be given a hearing pursuant to s. 947.23 or s. 948.06. The hearing shall be held within …from the date of such arrest, the provisions of s. 947.23 or s. 948.06 notwithstanding. Failure of the commission…of Florida Statutes. Relevant portions provide: 947.23 Actions of commission upon arrest of parolee.

Proctor v. Wainwright

Court: Fla. Dist. Ct. App. | Date Filed: 1982-01-14T00:00:00-08:00

Citation: 408 So. 2d 793, 1982 Fla. App. LEXIS 18899

Snippet: Section 947.23(2), Florida Statutes (1979). Morrissey, as well as the statute, Section 947.23(1), also

Wainwright v. Evans

Court: Fla. Dist. Ct. App. | Date Filed: 1981-09-23T00:53:00-07:00

Citation: 403 So. 2d 1123

Snippet: 949.10 shall be given a hearing pursuant to section 947.23 or section 948.06 within ten days. Section 949.10

State v. Sylvester

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

Citation: 401 So. 2d 1123

Snippet: notwithstanding Section 947.23, does not mean that the normal adjudicatory procedures of Section 947.23 must be altogether… 949.10 shall be given a hearing pursuant to s. 947.23 or s. 948.06. The hearing shall be held within …from the date of such arrest, the provisions of s. 947.23 or s. 948.06 notwithstanding. Failure of the commission…procedure for parole violations defined in Section 947.23; they only mandate that a paroled felon, arrested…revocation proceedings pursuant to Sections 947.22 and 947.23. This interpretation of the statutory provisions

Cuciak v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1981-02-17T23:53:00-08:00

Citation: 394 So. 2d 500

Snippet: Ill.Dec. 319, 397 N.E.2d 1385 (Ill. 1979); Sections 947.23, 948.06, and 949.11, Florida Statutes (1979); and