Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 506
       
       
       
       
       
       
                                Barcode 594668                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/31/2012           .                                
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       The Committee on Criminal Justice (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Paragraph (g) of subsection (4) of section
    7  947.16, Florida Statutes, is amended to read:
    8         947.16 Eligibility for parole; initial parole interviews;
    9  powers and duties of commission.—
   10         (4) A person who has become eligible for an initial parole
   11  interview and who may, according to the objective parole
   12  guidelines of the commission, be granted parole shall be placed
   13  on parole in accordance with the provisions of this law; except
   14  that, in any case of a person convicted of murder, robbery,
   15  burglary of a dwelling or burglary of a structure or conveyance
   16  in which a human being is present, aggravated assault,
   17  aggravated battery, kidnapping, sexual battery or attempted
   18  sexual battery, incest or attempted incest, an unnatural and
   19  lascivious act or an attempted unnatural and lascivious act,
   20  lewd and lascivious behavior, assault or aggravated assault when
   21  a sexual act is completed or attempted, battery or aggravated
   22  battery when a sexual act is completed or attempted, arson, or
   23  any felony involving the use of a firearm or other deadly weapon
   24  or the use of intentional violence, at the time of sentencing
   25  the judge may enter an order retaining jurisdiction over the
   26  offender for review of a commission release order. This
   27  jurisdiction of the trial court judge is limited to the first
   28  one-third of the maximum sentence imposed. When any person is
   29  convicted of two or more felonies and concurrent sentences are
   30  imposed, then the jurisdiction of the trial court judge as
   31  provided herein applies to the first one-third of the maximum
   32  sentence imposed for the highest felony of which the person was
   33  convicted. When any person is convicted of two or more felonies
   34  and consecutive sentences are imposed, then the jurisdiction of
   35  the trial court judge as provided herein applies to one-third of
   36  the total consecutive sentences imposed.
   37         (g) The decision of the original sentencing judge or, in
   38  her or his absence, the chief judge of the circuit to vacate any
   39  parole release order as provided in this section is not
   40  appealable. Each inmate whose parole release order has been
   41  vacated by the court shall be reinterviewed within 2 years after
   42  the date of receipt of the vacated release order and every 2
   43  years thereafter, or earlier by order of the court retaining
   44  jurisdiction. However, each inmate whose parole release order
   45  has been vacated by the court and who has been:
   46         1. Convicted of murder or attempted murder;
   47         2. Convicted of sexual battery or attempted sexual battery;
   48  or
   49         3.Convicted of kidnapping;
   50         4.Convicted of robbery, burglary of a dwelling, or
   51  burglary of a structure or conveyance in which a human being is
   52  present and a sexual act is completed or attempted; or
   53         5.3. Sentenced to a 25-year minimum mandatory sentence
   54  previously provided in s. 775.082,
   55  
   56  shall be reinterviewed once within 7 years after the date of
   57  receipt of the vacated release order and once every 7 years
   58  thereafter, if the commission finds that it is not reasonable to
   59  expect that parole would be granted during the following years
   60  and states the bases for the finding in writing. For any inmate
   61  who is within 7 years of his or her tentative release date, the
   62  commission may establish a reinterview date prior to the 7-year
   63  schedule.
   64         Section 2. Paragraph (b) of subsection (1) of section
   65  947.174, Florida Statutes, is amended to read:
   66         947.174 Subsequent interviews.—
   67         (1)
   68         (b) For any inmate convicted of murder, attempted murder,
   69  sexual battery, or attempted sexual battery, kidnapping, or
   70  robbery, burglary of a dwelling, or burglary of a structure or
   71  conveyance in which a human being is present and a sexual act is
   72  completed or attempted, or any inmate who has been sentenced to
   73  a 25-year minimum mandatory sentence previously provided in s.
   74  775.082, and whose presumptive parole release date is more than
   75  7 years after the date of the initial interview, a hearing
   76  examiner shall schedule an interview for review of the
   77  presumptive parole release date. The interview shall take place
   78  once within 7 years after the initial interview and once every 7
   79  years thereafter if the commission finds that it is not
   80  reasonable to expect that parole will be granted at a hearing
   81  during the following years and states the bases for the finding
   82  in writing. For any inmate who is within 7 years of his or her
   83  tentative release date, the commission may establish an
   84  interview date before the 7-year schedule.
   85         Section 3. Subsection (6) of section 947.1745, Florida
   86  Statutes, is amended to read:
   87         947.1745 Establishment of effective parole release date.—If
   88  the inmate’s institutional conduct has been satisfactory, the
   89  presumptive parole release date shall become the effective
   90  parole release date as follows:
   91         (6) Within 90 days before the effective parole release date
   92  interview, the commission shall send written notice to the
   93  sentencing judge of any inmate who has been scheduled for an
   94  effective parole release date interview. If the sentencing judge
   95  is no longer serving, the notice must be sent to the chief judge
   96  of the circuit in which the offender was sentenced. The chief
   97  judge may designate any circuit judge within the circuit to act
   98  in the place of the sentencing judge. Within 30 days after
   99  receipt of the commission’s notice, the sentencing judge, or the
  100  designee, shall send to the commission notice of objection to
  101  parole release, if the judge objects to such release. If there
  102  is objection by the judge, such objection may constitute good
  103  cause in exceptional circumstances as described in s. 947.173,
  104  and the commission may schedule a subsequent review within 2
  105  years, extending the presumptive parole release date beyond that
  106  time. However, for an inmate who has been:
  107         (a) Convicted of murder or attempted murder;
  108         (b) Convicted of sexual battery or attempted sexual
  109  battery; or
  110         (c)Convicted of kidnapping;
  111         (d)Convicted of robbery, burglary of a dwelling, or
  112  burglary of a structure or conveyance in which a human being is
  113  present and a sexual act is completed or attempted; or
  114         (e)(c) Sentenced to a 25-year minimum mandatory sentence
  115  previously provided in s. 775.082,
  116  
  117  the commission may schedule a subsequent review under this
  118  subsection once every 7 years, extending the presumptive parole
  119  release date beyond that time if the commission finds that it is
  120  not reasonable to expect that parole would be granted at a
  121  review during the following years and states the bases for the
  122  finding in writing. For any inmate who is within 7 years of his
  123  or her release date, the commission may schedule a subsequent
  124  review prior to the 7-year schedule. With any subsequent review
  125  the same procedure outlined above will be followed. If the judge
  126  remains silent with respect to parole release, the commission
  127  may authorize an effective parole release date. This subsection
  128  applies if the commission desires to consider the establishment
  129  of an effective release date without delivery of the effective
  130  parole release date interview. Notice of the effective release
  131  date must be sent to the sentencing judge, and either the
  132  judge’s response to the notice must be received or the time
  133  period allowed for such response must elapse before the
  134  commission may authorize an effective release date.
  135         Section 4. This act shall take effect July 1, 2012.
  136  
  137  ================= T I T L E A M E N D M E N T ================
  138  And the title is amended as follows:
  139  
  140         Delete everything before the enacting clause
  141  and insert:
  142  
  143                        A bill to be entitled                      
  144         An act relating to parole interview dates for certain
  145         inmates; amending ss. 947.16, 947.174, and 947.1745,
  146         F.S.; extending from 2 years to 7 years the period
  147         between parole interview dates for inmates convicted
  148         of committing specified crimes; requiring a periodic
  149         parole interview for an inmate convicted of
  150         kidnapping, or robbery, burglary of a dwelling, or
  151         burglary of a structure or conveyance in which a human
  152         being is present and a sexual act is completed or
  153         attempted; providing an effective date.