Summary
The Florida First District Court of Appeal affirmed the release of a parolee who had been incarcerated without a parole revocation hearing after arrest on a felony charge. The court held that Florida Statutes sections 949.10 and 949.11 governed the temporary revocation and required a hearing within ten days, creating a specific exception to the general procedure in section 947.23.
Topics
Practice areas
Questions Presented
- Whether sections 947.22 and 947.23, Florida Statutes (1977), authorized Bishop's continued incarceration and a parole revocation hearing as soon as practicable after arrest despite the ten-day hearing and release requirements in sections 949.10 and 949.11.
- Whether the State could rearrest and reincarcerate Bishop under section 947.22 after the ten-day period had expired without a parole revocation hearing.
Holdings
- When a parolee is arrested on a subsequent felony charge, sections 949.10 and 949.11 govern the temporary revocation, required hearing, and release procedure, notwithstanding the general language of section 947.23.
- The State could not avoid the ten-day hearing and release requirements by releasing and then reincarcerating the parolee under section 947.22 for the same alleged parole violation while preparing to hold a hearing.
Key quotations
“Failure of the commission or the court to hold the hearing within 10 days from the date of arrest shall cause the immediate release of such person from incarceration on the temporary revocation.” (378 So. 2d at 883)
“Such practice cannot be approved in light of the plain language of Sections 949.10 and 949.11.” (378 So. 2d at 883)
Factual background
Bishop, a parolee, was arrested in St. Johns County in November 1978 and initially detained for ten days after authorities discovered that he was on parole. He was released on December 1 without parole-violation charges being filed, but was arrested again on December 18 pursuant to a Florida Parole & Probation Commission warrant and incarcerated in Duval County. After his request for bond was denied, he sought habeas corpus relief and was released following a hearing.
Procedural history
Bishop was arrested and detained in connection with an alleged parole violation. After a subsequent arrest on a warrant issued by the Florida Parole & Probation Commission, his request for bond was denied. He petitioned for habeas corpus, and following a hearing the lower court ordered his release. Carson appealed, arguing that the governing parole statutes authorized continued incarceration and a later revocation hearing.