Bill Text: FL S0506 | 2012 | Regular Session | Comm Sub

---

Bill Title: Parole Interview Dates for Certain Inmates

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-09 - Died on Calendar [S0506 Detail]

Download: Florida-2012-S0506-Comm_Sub.html

---

       Florida Senate - 2012                              CS for SB 506
       
       
       
       By the Committee on Criminal Justice; and Senator Evers
       
       
       
       
       591-01568-12                                           2012506c1
    1                        A bill to be entitled                      
    2         An act relating to parole interview dates for certain
    3         inmates; amending ss. 947.16, 947.174, and 947.1745,
    4         F.S.; extending from 2 years to 7 years the period
    5         between parole interview dates for inmates convicted
    6         of committing certain specified crimes; reenacting s.
    7         947.165(1), F.S., relating to the development and
    8         implementation by the Parole Commission of objective
    9         parole guidelines to serve as the criteria upon which
   10         parole decisions are to be made, to incorporate the
   11         amendments made to s. 947.1745, F.S., in a reference
   12         thereto; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (g) of subsection (4) of section
   17  947.16, Florida Statutes, is amended to read:
   18         947.16 Eligibility for parole; initial parole interviews;
   19  powers and duties of commission.—
   20         (4) A person who has become eligible for an initial parole
   21  interview and who may, according to the objective parole
   22  guidelines of the commission, be granted parole shall be placed
   23  on parole in accordance with the provisions of this law; except
   24  that, in any case of a person convicted of murder, robbery,
   25  burglary of a dwelling or burglary of a structure or conveyance
   26  in which a human being is present, aggravated assault,
   27  aggravated battery, kidnapping, sexual battery or attempted
   28  sexual battery, incest or attempted incest, an unnatural and
   29  lascivious act or an attempted unnatural and lascivious act,
   30  lewd and lascivious behavior, assault or aggravated assault when
   31  a sexual act is completed or attempted, battery or aggravated
   32  battery when a sexual act is completed or attempted, arson, or
   33  any felony involving the use of a firearm or other deadly weapon
   34  or the use of intentional violence, at the time of sentencing
   35  the judge may enter an order retaining jurisdiction over the
   36  offender for review of a commission release order. This
   37  jurisdiction of the trial court judge is limited to the first
   38  one-third of the maximum sentence imposed. When any person is
   39  convicted of two or more felonies and concurrent sentences are
   40  imposed, then the jurisdiction of the trial court judge as
   41  provided herein applies to the first one-third of the maximum
   42  sentence imposed for the highest felony of which the person was
   43  convicted. When any person is convicted of two or more felonies
   44  and consecutive sentences are imposed, then the jurisdiction of
   45  the trial court judge as provided herein applies to one-third of
   46  the total consecutive sentences imposed.
   47         (g) The decision of the original sentencing judge or, in
   48  her or his absence, the chief judge of the circuit to vacate any
   49  parole release order as provided in this section is not
   50  appealable. Each inmate whose parole release order has been
   51  vacated by the court shall be reinterviewed within 2 years after
   52  the date of receipt of the vacated release order and every 2
   53  years thereafter, or earlier by order of the court retaining
   54  jurisdiction. However, each inmate whose parole release order
   55  has been vacated by the court and who has been:
   56         1. Convicted of murder or attempted murder;
   57         2. Convicted of sexual battery or attempted sexual battery;
   58  or
   59         3. Convicted of kidnapping or attempted kidnapping;
   60         4. Convicted of robbery, burglary of a dwelling, burglary
   61  of a structure or conveyance, or breaking and entering, or the
   62  attempt of any of these crimes, in which a human being is
   63  present and a sexual act is attempted or completed; or
   64         5.3. Sentenced to a 25-year minimum mandatory sentence
   65  previously provided in s. 775.082,
   66  
   67  shall be reinterviewed once within 7 years after the date of
   68  receipt of the vacated release order and once every 7 years
   69  thereafter, if the commission finds that it is not reasonable to
   70  expect that parole would be granted during the following years
   71  and states the bases for the finding in writing. For an any
   72  inmate who is within 7 years of his or her tentative release
   73  date, the commission may establish a reinterview date before
   74  prior to the 7-year schedule.
   75         Section 2. Paragraph (b) of subsection (1) of section
   76  947.174, Florida Statutes, is amended to read:
   77         947.174 Subsequent interviews.—
   78         (1)
   79         (b) For any inmate convicted of murder, attempted murder,
   80  sexual battery, or attempted sexual battery, kidnapping, or
   81  attempted kidnapping; or robbery, burglary of a dwelling,
   82  burglary of a structure or conveyance, or breaking and entering,
   83  or the attempt of any of these crimes, in which a human being is
   84  present and a sexual act is attempted or completed, or for any
   85  inmate who has been sentenced to a 25-year minimum mandatory
   86  sentence previously provided in s. 775.082, and whose
   87  presumptive parole release date is more than 7 years after the
   88  date of the initial interview, a hearing examiner shall schedule
   89  an interview for review of the presumptive parole release date.
   90  The interview shall take place once within 7 years after the
   91  initial interview and once every 7 years thereafter if the
   92  commission finds that it is not reasonable to expect that parole
   93  will be granted at a hearing during the following years and
   94  states the bases for the finding in writing. For an any inmate
   95  who is within 7 years of his or her tentative release date, the
   96  commission may establish an interview date before the 7-year
   97  schedule.
   98         Section 3. Subsection (6) of section 947.1745, Florida
   99  Statutes, is amended to read:
  100         947.1745 Establishment of effective parole release date.—If
  101  the inmate’s institutional conduct has been satisfactory, the
  102  presumptive parole release date shall become the effective
  103  parole release date as follows:
  104         (6) Within 90 days before the effective parole release date
  105  interview, the commission shall send written notice to the
  106  sentencing judge of any inmate who has been scheduled for an
  107  effective parole release date interview. If the sentencing judge
  108  is no longer serving, the notice must be sent to the chief judge
  109  of the circuit in which the offender was sentenced. The chief
  110  judge may designate any circuit judge within the circuit to act
  111  in the place of the sentencing judge. Within 30 days after
  112  receipt of the commission’s notice, the sentencing judge, or the
  113  designee, shall send to the commission notice of objection to
  114  parole release, if the judge objects to the such release. If
  115  there is objection by the judge, such objection may constitute
  116  good cause in exceptional circumstances as described in s.
  117  947.173, and the commission may schedule a subsequent review
  118  within 2 years, extending the presumptive parole release date
  119  beyond that time. However, for an inmate who has been:
  120         (a) Convicted of murder or attempted murder;
  121         (b) Convicted of sexual battery or attempted sexual
  122  battery; or
  123         (c) Convicted of kidnapping or attempted kidnapping;
  124         (d) Convicted of robbery, burglary of a dwelling, burglary
  125  of a structure or conveyance, or breaking and entering, or the
  126  attempt of any of these crimes, in which a human being is
  127  present and a sexual act is attempted or completed; or
  128         (e)(c) Sentenced to a 25-year minimum mandatory sentence
  129  previously provided in s. 775.082,
  130  
  131  the commission may schedule a subsequent review under this
  132  subsection once every 7 years, extending the presumptive parole
  133  release date beyond that time if the commission finds that it is
  134  not reasonable to expect that parole would be granted at a
  135  review during the following years and states the bases for the
  136  finding in writing. For an any inmate who is within 7 years of
  137  his or her release date, the commission may schedule a
  138  subsequent review before prior to the 7-year schedule. With any
  139  subsequent review the same procedure outlined above will be
  140  followed. If the judge remains silent with respect to parole
  141  release, the commission may authorize an effective parole
  142  release date. This subsection applies if the commission desires
  143  to consider the establishment of an effective release date
  144  without delivery of the effective parole release date interview.
  145  Notice of the effective release date must be sent to the
  146  sentencing judge, and either the judge’s response to the notice
  147  must be received or the time period allowed for such response
  148  must elapse before the commission may authorize an effective
  149  release date.
  150         Section 4. For the purpose of incorporating the amendment
  151  made by this act to section 947.1745, Florida Statutes, in a
  152  reference thereto, subsection (1) of section 947.165, Florida
  153  Statutes, is reenacted to read:
  154         947.165 Objective parole guidelines.—
  155         (1) The commission shall develop and implement objective
  156  parole guidelines which shall be the criteria upon which parole
  157  decisions are made. The objective parole guidelines shall be
  158  developed according to an acceptable research method and shall
  159  be based on the seriousness of offense and the likelihood of
  160  favorable parole outcome. The guidelines shall require the
  161  commission to aggravate or aggregate each consecutive sentence
  162  in establishing the presumptive parole release date. Factors
  163  used in arriving at the salient factor score and the severity of
  164  offense behavior category shall not be applied as aggravating
  165  circumstances. If the sentencing judge files a written objection
  166  to the parole release of an inmate as provided for in s.
  167  947.1745(6), such objection may be used by the commission as a
  168  basis to extend the presumptive parole release date.
  169         Section 5. This act shall take effect July 1, 2012.