(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.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole
947.01 - Florida Commission on Offender Review; Creation; Number of Members.
947.02 - Florida Commission on Offender Review; Members, Appointment.
947.021 - Florida Commission on Offender Review; Expedited Appointments.
947.03 - Commissioners; Tenure and Removal.
947.04 - Organization of Commission; Officers; Offices.
947.045 - Federal Grants Trust Fund.
947.06 - Meeting; When Commission May Act.
947.071 - Rulemaking Procedures; Indexing of Orders.
947.10 - Business and Political Activity Upon Part of Members and Full-Time Employees of Commission.
947.12 - Members, Employees, Expenses.
947.13 - Powers and Duties of Commission.
947.135 - Mutual Participation Program.
947.1405 - Conditional Release Program.
947.146 - Control Release Authority.
947.147 - Victim Restitution as Condition of Control Release.
947.149 - Conditional Medical Release.
947.16 - Eligibility for Parole; Initial Parole Interviews; Powers and Duties of Commission.
947.165 - Objective Parole Guidelines.
947.168 - Consideration for Persons Serving Parole-Eligible and Parole-Ineligible Sentences.
947.172 - Establishment of Presumptive Parole Release Date.
947.173 - Review of Presumptive Parole Release Date.
947.174 - Subsequent Interviews.
947.1745 - Establishment of Effective Parole Release Date.
947.1746 - Establishment of Effective Parole Release Date.
947.1747 - Community Control as a Special Condition of Parole.
947.18 - Conditions of Parole.
947.181 - Fines, Fees, Restitution, or Other Costs Ordered to Be Paid as Conditions of Parole.
947.185 - Application for Intellectual Disability Services as Condition of Parole.
947.21 - Violations of Parole.
947.22 - Authority to Arrest Parole Violators With or Without Warrant.
947.23 - Action of Commission Upon Arrest of Parolee.
947.24 - Discharge From Parole Supervision or Release Supervision.
947.26 - Cooperation of Custodian of Prisoner; Right of Access.