The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

PETERS, v. STATE, 984 So. 2d 1227 (Fla. 2008)

. . . Compare § 947.23, Fla. . . . revocation statute requires that the parolee be informed of the right to be represented by counsel, § 947.23 . . . placement of the parolee into a community control program, or entering such other order as is proper. § 947.23 . . .

DEPARTMENT OF CORRECTIONS, v. WILLIAMS,, 901 So. 2d 169 (Fla. Dist. Ct. App. 2005)

. . . . § 947.23. . . .

GIBSON, v. FLORIDA PAROLE COMMISSION,, 801 So. 2d 286 (Fla. Dist. Ct. App. 2001)

. . . detained for a parole violation without ever having been afforded a hearing as required by section 947.23 . . .

SMITH, v. W. MOORE,, 782 So. 2d 955 (Fla. Dist. Ct. App. 2001)

. . . that Florida Statutes distinguish between being committed to jail pending hearings pursuant to section 947.23 . . .

L. MATTERN, v. FLORIDA PAROLE COMMISSION,, 707 So. 2d 806 (Fla. Dist. Ct. App. 1998)

. . . Id., 408 U.S. at 489, 92 S.Ct. at 2604; see also § 947.23, Fla. Stat. (1997). . . .

TAYLOR, v. DUGGER,, 567 So. 2d 1000 (Fla. Dist. Ct. App. 1990)

. . . writ of habeas corpus on the ground that the Florida Parole Commission did not comply with Section 947.23 . . . the parolee ... committed a violation of the terms or conditions of his parole,” pursuant to section 947.23 . . . copy of the findings from the preliminary hearing, thus violating the following requirement of section 947.23 . . . Duggar, 536 So.2d 1169, 1172-73 (Fla. 1st DCA 1988) (notice of findings under section 947.23(1) is not . . . process rights were violated once the Commission failed to comply with this requirement of section 947.23 . . .

HANSEN, Jr. v. L. DUGGAR, A. M., 536 So. 2d 1169 (Fla. Dist. Ct. App. 1988)

. . . Hansen further argues that the preliminary hearing violated section 947.23 which provides that parolees . . . Section 947.23(l)(b) provides: “[Parolee] shall be permitted to cross-examine adverse witnesses, unless . . . Inasmuch as section 947.23(l)(c) affords parolees the right to call witnesses, appellant was free to . . . Fontana, supra, equally applicable to hearings under section 947.23(1). . . . Appellant contends that section 947.23 requires that parolees receive a “personal copy of the findings . . .

HANSEN, Jr. v. A. M. FONTANA, L., 517 So. 2d 714 (Fla. Dist. Ct. App. 1987)

. . . After a preliminary hearing pursuant to section 947.23, Florida Statutes, the first allegation was dismissed . . . revocation hearing; (2) that he was denied the right to present witnesses, as guaranteed in section 947.23 . . . Commission has no power to revoke parole under Article IV, section 8(c) and, therefore, that section 947.23 . . . denied the right to confront and cross-examine Ingly as an adverse witness as guaranteed in section 947.23 . . . Section 947.23(6), however, contains no such provision with regard to the final hearing. . . .

HANSEN, Jr. v. L. DUGGER, A. M., 515 So. 2d 1345 (Fla. Dist. Ct. App. 1987)

. . . June 17, 1980 preliminary hearing took place 47 days after Hansen’s arrest, in violation of section 947.23 . . . (l)(a); (4) that appellant was denied the right to cross-examine adverse witnesses, in violation of 947.23 . . . the findings of the preliminary hearing until five years after the hearing, in violation of section 947.23 . . . Section 947.23(1), Florida Statutes, requires that a preliminary hearing to determine if there is probable . . . Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), section 947.23(1), Florida Statutes (1979 . . .

J. FLOYD, v. PAROLE AND PROBATION COMMISSION,, 509 So. 2d 919 (Fla. 1987)

. . . the preliminary hearing, see Fla.Admin.Code Rule 23-21.22(7), and the final revocation hearing, see § 947.23 . . .

HANSEN, Jr. v. L. WAINWRIGHT, P., 493 So. 2d 38 (Fla. Dist. Ct. App. 1986)

. . . technical violations, unlike revocations based upon subsequent felony arrests, are governed by Section 947.23 . . . to the scheduling of the preliminary hearing for the technical parole violation pursuant to section 947.23 . . . whether the preliminary hearing for appellant’s technical parole violation was consistent with section 947.23 . . . petition that he had objected to the scheduling of the final revocation hearing as in violation of section 947.23 . . . Section 947.23 was later amended by Ch. 82-171, § 17, Laws of Florida, which substituted "within 30 days . . .

MILLER, v. TOLES,, 442 So. 2d 177 (Fla. 1983)

. . . parole or probation agreement is revoked pursuant to s. 949.10 shall be given a hearing pursuant to s. 947.23 . . . The hearing shall be held within 10 days from the date of such arrest, the provisions of s. 947.23 or . . . Relevant portions provide: 947.23 Actions of commission upon arrest of parolee. — (1) As soon as practicable . . . without further formal action by the Parole and Probation Commission pursuant to sections 947.22 and 947.23 . . .

E. PROCTOR, Jr. v. L. WAINWRIGHT,, 408 So. 2d 793 (Fla. Dist. Ct. App. 1982)

. . . Section 947.23(2), Florida Statutes (1979). . . . Morrissey, as well as the statute, Section 947.23(1), also require a prompt preliminary or “probable . . .

L. WAINWRIGHT, v. EVANS,, 403 So. 2d 1123 (Fla. Dist. Ct. App. 1981)

. . . whose parole or probation is revoked pursuant to 949.10 shall be given a hearing pursuant to section 947.23 . . .

STATE v. SYLVESTER,, 401 So. 2d 1123 (Fla. Dist. Ct. App. 1981)

. . . parole or probation agreement is revoked pursuant to s. 949.10 shall be given a hearing pursuant to s. 947.23 . . . The hearing shall be held within 10 days from the date of such arrest, the provisions of s. 947.23 or . . . 949.11 which states that a parolee must be given a hearing within 10 days, notwithstanding Section 947.23 . . . , does not mean that the normal adjudicatory procedures of Section 947.23 must be altogether abandoned . . . 949.11 do not act as a substitute for the formal procedure for parole violations defined in Section 947.23 . . .

CUCIAK, v. STATE, 394 So. 2d 500 (Fla. Dist. Ct. App. 1981)

. . . DeWitt, 78 Ill.2d 82, 34 Ill.Dec. 319, 397 N.E.2d 1385 (Ill.1979); Sections 947.23, 948.06, and 949.11 . . .

W. FOWLER, v. CROSS,, 635 F.2d 476 (5th Cir. 1981)

. . . . §§ 949.10, 949.11 and 947.23. . . . probation agreement is revoked pursuant to section 949.10 shall be given a hearing pursuant to section 947.23 . . . The hearing shall be held within ten days from the date of such arrest, the provisions of section 947.23 . . . Stat.Ann. § 947.23 in 1979 to conform the statute itself to the decisions of the Florida Supreme Court . . . and the Morrissey standards. 1979 Fla.Laws c. 79-42, § 11; Fla.Stat.Ann. § 947.23 (Supp.1980). . . .

FLORIDA INSTITUTIONAL LEGAL SERVICES, INC. v. FLORIDA PAROLE AND PROBATION COMMISSION,, 391 So. 2d 247 (Fla. Dist. Ct. App. 1980)

. . . Section 947.23. . . .

TURNER, Jr. G. v. L. WAINWRIGHT, TURNER, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 379 So. 2d 148 (Fla. Dist. Ct. App. 1980)

. . . See, Florida Statutes, § 947.23(6). . . .

CARSON, v. BISHOP,, 378 So. 2d 882 (Fla. Dist. Ct. App. 1979)

. . . Statutes (1977), allows for incarceration when a parolee violates a condition of his parole, and Section 947.23 . . . charge, but: The hearing shall be held within 10 days from the date of such arrest, the provisions of s. 947.23 . . . Reference to Section 947.23 in Section 949.-11 suggests that rather than holding the hearing “as soon . . . language of Section 949.11, it would appear the Legislature created a specific exception to Section 947.23 . . .

DiCAPRIO, v. POLK,, 335 So. 2d 857 (Fla. Dist. Ct. App. 1976)

. . . parole or probation agreement is revoked pursuant to § 949.10 shall be given a hearing pursuant to § 947.23 . . . The hearing shall be held within ten days from the date of such arrest, the provisions of § 947.23 or . . .

L. LASHLEY, v. STATE OF FLORIDA, 413 F. Supp. 850 (M.D. Fla. 1976)

. . . Sections 947.21 and 947.23(2), by violating parole, an inmate not only is obligated to serve the full . . .

A. HOFMANN, v. L. WAINWRIGHT,, 332 So. 2d 18 (Fla. 1976)

. . . .-21(2) and 947.23(1), Florida Statutes. . . .

E. BAKER, v. L. WAINWRIGHT,, 527 F.2d 372 (5th Cir. 1976)

. . . . § 947.23(1) (1967). . See United States v. Ross, 503 F.2d 940, 945 (5th Cir. 1974). . . . .

E. ALBRITTON, v. L. WAINWRIGHT,, 313 So. 2d 763 (Fla. 1975)

. . . requiring a preliminary hearing in addition to the final hearing for reincarceration provided by Sections 947.23 . . .

J. SHARRETTS, v. L. WAINWRIGHT,, 312 So. 2d 193 (Fla. 1975)

. . . In denying Petitioner the relief sought, we rely on Sections 944.28(1) and 947.23(2), F.S., providing . . .

N. GIBBS, v. L. WAINWRIGHT,, 302 So. 2d 175 (Fla. Dist. Ct. App. 1974)

. . . The courts of Florida have held that gain time is forfeited by operation of the provisions of § 947.23 . . .

L. EDGE, v. R. CROSS, L., 297 So. 2d 607 (Fla. Dist. Ct. App. 1974)

. . . See, also, §§ 947.06, 947.23, Florida Statutes. McNULTY, A. C. . . .

E. DEES, v. STATE, 295 So. 2d 296 (Fla. 1974)

. . . from the Seventh Judicial Circuit in and for Volusia County relating to constitutionality of Section 947.23 . . . question presented by the trial in its Certificate of Great Public Interest is as follows: “Is Section 947.23 . . . Additionally, we point out that in Morris-sey, supra, the Supreme Court recognized that in Section 947.23 . . . cross-examine adverse witnesses” before “a ‘neutral . ’ hearing body, such as a . parole board”; § 947.23 . . . Accordingly, the certified question is answered negatively, and we hold Section 947.23, Florida Statutes . . .

BERNHARDT, v. STATE, 288 So. 2d 490 (Fla. 1974)

BRUMIT, v. L. WAINWRIGHT,, 290 So. 2d 39 (Fla. 1973)

. . . . § 947.23(1), F.S.A. providing that the Parole Commission, after determining whether a charge of parole . . .

COTTLE, v. L. WAINWRIGHT,, 477 F.2d 269 (5th Cir. 1973)

. . . Stat. 947.23, F.S.A., permits a parolee with means to be represented by counsel at a parole revocation . . . . § 947.23, F.S.A. (Emphasis supplied). . . .

MORRISSEY v. BREWER, WARDEN,, 408 U.S. 471 (U.S. 1972)

. . . . § 947.23 (1) (Supp. 1972); Ga. Code Ann. §77-519 (Supp. 1971); Haw. Rev. . . .

COTTLE, v. L. WAINWRIGHT,, 338 F. Supp. 819 (M.D. Fla. 1972)

. . . . § 947.23(1), F.S.A. . . . .

MOORE, v. L. WAINWRIGHT,, 253 So. 2d 736 (Fla. Dist. Ct. App. 1971)

. . . Wainwright, 198 So.2d 647 (Fla.App.1967), in which we held that the statute (Section 947.23, Florida . . .

L. RUITER, v. L. WAINWRIGHT,, 251 So. 2d 888 (Fla. Dist. Ct. App. 1971)

. . . . § 947.23, F.S., F.S.A.; Shiplett v. Wainwright (Fla.App.1967) 198 So.2d 647; Johnson v. . . .

SHIPLETT, v. L. WAINWRIGHT,, 198 So. 2d 647 (Fla. Dist. Ct. App. 1967)

. . . Section 947.23(1), Florida Statutes, F.S.A., relating to hearings in cases of alleged parole violations . . .

V. SUMRALL, v. H. G. COCHRAN, Jr., 127 So. 2d 447 (Fla. 1961)

. . . on the representation that the petitioner had not had a hearing such as was contemplated by Section 947.23 . . .

SENK, v. H. G. COCHRAN, Jr., 116 So. 2d 244 (Fla. 1959)

. . . the return that the petitioner has not been afforded a hearing in the manner contemplated by Section 947.23 . . .

JACKSON v. MAYO, 73 So. 2d 881 (Fla. 1954)

. . . because the hearing before the Commission on March 17, 1954, did not meet the requirements of Section 947.23 . . . material respect,” the parolee under outlined procedure shall be brought before the Commission; Section 947.23 . . .