The Florida Senate

949.01  Juvenile matters unaffected.

949.02  Youth parolees.

949.04  Law to be liberally construed.

949.05  Constitutionality.

949.06  Short title: chs. 947, 948, and 949.

949.07  Compacts with other states.

949.071  Definition of "state" as used in s. 949.07; further declaration relating to interstate compacts.

949.08  Department of Corrections to enact rules and regulations relating to compacts.

949.09  Short title: ss. 949.07-949.08.

949.01  Juvenile matters unaffected.--Nothing in chapters 947-949 shall be construed to change or modify the law respecting parole and probation as administered by a circuit court exercising juvenile jurisdiction.

History.--s. 30, ch. 20519, 1941; s. 44, ch. 73-334.

949.02  Youth parolees.--Nothing in chapters 947-949 shall be construed to change or modify the law respecting paroles as administered by the ¹Department of Health and Rehabilitative Services.

History.--s. 31, ch. 20519, 1941; s. 1, ch. 57-317; ss. 19, 35, ch. 69-106; s. 477, ch. 77-147.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

949.04  Law to be liberally construed.--Chapters 947-949 shall be liberally construed that its objects may be achieved.

History.--s. 33, ch. 20519, 1941.

949.05  Constitutionality.--

(1)  If any clause, sentence, paragraph, section, or part of chapters 947-949 shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional, invalid, or void, such judgment shall not affect, impair, or invalidate the remainder of the law, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

(2)  If the method of selecting the commission members as herein provided is found to be invalid by reason of the vesting of the appointing power in the Governor and the Cabinet, the members of the Parole Commission herein provided for shall be appointed by the Governor.

History.--s. 34, ch. 20519, 1941; s. 1, ch. 65-453; s. 33, ch. 69-106; s. 63, ch. 88-122.

949.06  Short title: chs. 947, 948, and 949.--Chapters 947, 948, and 949 (except ss. 949.07-949.09) shall be known as the "Parole and Probation Law."

History.--s. 36, ch. 20519, 1941.

949.07  Compacts with other states.--The Governor is hereby authorized and directed to enter into a compact on behalf of the state with any state of the United States legally joining therein in the form substantially as follows:

A compact entered into by and among the contracting states, signatories hereto, with the consent of the Congress, granted by an act entitled "An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes."

The contracting states solemnly agree;

(1)  That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact, herein called "sending state," to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact, herein called "receiving state," while on probation or parole, if:

(a)  Such person is in fact a resident of or has his or her family residing within the receiving state and can obtain employment there.

(b)  Though not a resident of the receiving state and not having his or her family residing there, the receiving state consents to such person being sent there.

Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person. A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than 1 year prior to his or her coming to the sending state and has not resided within the sending state more than 6 continuous months immediately preceding the commission of the offense for which he or she has been convicted.

(2)  That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.

(3)  That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; provided however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him or her within the receiving state any criminal charge, or he or she should be suspected of having committed within such state a criminal offense, the probationer or parolee shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.

(4)  That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact without interference.

(5)  That the Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary more effectively to carry out the terms of this compact.

(6)  That this compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified, it shall have the full force and effect of law within such state, the form of ratification to be in accordance with the laws of the ratifying state.

(7)  That this compact shall continue in force and remain binding upon each ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending 6 months' notice in writing of its intention to withdraw from the compact to the other states party hereto.

History.--s. 1, ch. 20455, 1941; s. 1691, ch. 97-102.

949.071  Definition of "state" as used in s. 949.07; further declaration relating to interstate compacts.--

(1)  It is hereby declared that the term "state," as used in s. 949.07, relating to and authorizing and directing the Governor to enter into an interstate compact in behalf of Florida with any state of the United States for out-of-state supervision of probationers and parolees, and prescribing the form to be substantially used for any such compact, means any one of the several states and the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia.

(2)  It is hereby recognized and further declared that pursuant to the consent and authorization contained in s. 111(b) of Title 4 of the United States Code as added by Pub. L. No. 970-84th Congress, Ch. 941-2d Session, this state shall be a party to said interstate compact for the supervision of parolees and probationers with any additional jurisdiction legally joining therein when such jurisdiction shall have enacted said compact in accordance with the terms thereof.

History.--s. 1, ch. 57-89.

949.08  Department of Corrections to enact rules and regulations relating to compacts.--The Department of Corrections shall have power and shall be charged with the duty of promulgating such rules and regulations and the expenditures of funds as may be deemed necessary to carry out the terms, conditions, and intents of a compact entered into by the state pursuant to s. 949.07.

History.--s. 2, ch. 20455, 1941; s. 1, ch. 65-453; s. 91, ch. 77-120; s. 110, ch. 79-3.

949.09  Short title: ss. 949.07-949.08.--Sections 949.07-949.08 shall be known as the "Uniform Law for Out-of-state Probation and Parole Supervision."

History.--s. 4, ch. 20455, 1941.