Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 360
Ì832832$Î832832
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/29/2016 .
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The Committee on Fiscal Policy (Clemens) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (2) of section
6 784.078, Florida Statutes, is amended to read:
7 784.078 Battery of facility employee by throwing, tossing,
8 or expelling certain fluids or materials.—
9 (2)
10 (b) “Employee” includes any person who is a commission
11 investigator parole examiner with the Florida Commission on
12 Offender Review.
13 Section 2. Paragraph (a) of subsection (1) of section
14 800.09, Florida Statutes, is amended to read:
15 800.09 Lewd or lascivious exhibition in the presence of an
16 employee.—
17 (1) As used in this section, the term:
18 (a) “Employee” means any person employed by or performing
19 contractual services for a public or private entity operating a
20 facility or any person employed by or performing contractual
21 services for the corporation operating the prison industry
22 enhancement programs or the correctional work programs under
23 part II of chapter 946. The term also includes any person who is
24 a commission investigator parole examiner with the Florida
25 Commission on Offender Review.
26 Section 3. Subsection (4) of section 947.002, Florida
27 Statutes, is amended to read:
28 947.002 Intent.—
29 (4) Commission investigators Hearing examiners are assigned
30 on the basis of caseload needs as determined by the chair.
31 Section 4. Section 947.02, Florida Statutes, is amended to
32 read:
33 947.02 Florida Commission on Offender Review; members,
34 appointment.—
35 (1) Except as provided in s. 947.021, The members of the
36 Florida Commission on Offender Review shall be appointed by the
37 Governor and Cabinet from a list of eligible applicants
38 submitted by a commissioner parole qualifications committee. The
39 appointments of members of the commission shall be certified to
40 the Senate by the Governor and Cabinet for confirmation, and the
41 membership of the commission shall include representation from
42 minority persons as defined in s. 288.703.
43 (2) A commissioner parole qualifications committee shall
44 consist of five persons who are appointed by the Governor and
45 Cabinet. One member shall be designated as chair by the Governor
46 and Cabinet. The committee shall provide for statewide
47 advertisement and the receiving of applications for any position
48 or positions on the commission and shall devise a plan for the
49 determination of the qualifications of the applicants by
50 investigations and comprehensive evaluations, including, but not
51 limited to, investigation and evaluation of the character,
52 habits, and philosophy of each applicant. Each commissioner
53 parole qualifications committee shall exist for 2 years. If
54 additional vacancies on the commission occur during this 2-year
55 period, the committee may advertise and accept additional
56 applications; however, all previously submitted applications
57 shall be considered along with the new applications according to
58 the previously established plan for the evaluation of the
59 qualifications of applicants.
60 (3) Within 90 days before an anticipated vacancy by
61 expiration of term pursuant to s. 947.03 or upon any other
62 vacancy, the Governor and Cabinet shall appoint a commissioner
63 parole qualifications committee if one has not been appointed
64 during the previous 2 years. The committee shall consider
65 applications for the commission seat, including the application
66 of an incumbent commissioner if he or she applies, according to
67 subsection (2). The committee shall submit a list of three
68 eligible applicants, which may include the incumbent if the
69 committee so decides, without recommendation, to the Governor
70 and Cabinet for appointment to the commission. In the case of an
71 unexpired term, the appointment must be for the remainder of the
72 unexpired term and until a successor is appointed and qualified.
73 If more than one seat is vacant, the committee shall submit a
74 list of eligible applicants, without recommendation, containing
75 a number of names equal to three times the number of vacant
76 seats; however, the names submitted may not be distinguished by
77 seat, and each submitted applicant shall be considered eligible
78 for each vacancy.
79 (4) Upon receiving a list of eligible persons from the
80 commissioner parole qualifications committee, the Governor and
81 Cabinet may reject the list. If the list is rejected, the
82 committee shall reinitiate the application and examination
83 procedure according to subsection (2).
84 (5) Section 120.525 and chapters 119 and 286 apply to all
85 activities and proceedings of a commissioner parole
86 qualifications committee.
87 Section 5. Section 947.021, Florida Statutes, is repealed.
88 Section 6. Section 947.10, Florida Statutes, is amended to
89 read:
90 947.10 Business and political activity upon part of members
91 and full-time employees of commission.—No member of the
92 commission and no full-time employee thereof shall, during her
93 or his service upon or under the commission, engage in any other
94 business or profession or hold any other public office, nor
95 shall she or he serve as the representative of any political
96 party, or any political executive committee or other political
97 governing body thereof, or as an executive officer or employee
98 of any political committee, organization, or association or be
99 engaged on the behalf of any candidate for public office in the
100 solicitation of votes or otherwise. However, this shall not be
101 deemed to exclude the appointment of the Secretary of
102 Corrections to the commission under the terms and conditions set
103 forth in this chapter.
104 Section 7. Subsections (1) and (2) of section 947.172,
105 Florida Statutes, are amended to read:
106 947.172 Establishment of presumptive parole release date.—
107 (1) The commission investigator hearing examiner shall
108 conduct an initial interview in accordance with the provisions
109 of s. 947.16. This interview shall include introduction and
110 explanation of the objective parole guidelines as they relate to
111 presumptive and effective parole release dates and an
112 explanation of the institutional conduct record and satisfactory
113 release plan for parole supervision as each relates to parole
114 release.
115 (2) Based on the objective parole guidelines and any other
116 competent evidence relevant to aggravating and mitigating
117 circumstances, the commission investigator hearing examiner
118 shall, within 10 days after the interview, recommend in writing
119 to a panel of no fewer than two commissioners appointed by the
120 chair a presumptive parole release date for the inmate. The
121 chair shall assign cases to such panels on a random basis,
122 without regard to the inmate or to the commissioners sitting on
123 the panel. If the recommended presumptive parole release date
124 falls outside the matrix time ranges as determined by the
125 objective parole guidelines, the commission investigator hearing
126 examiner shall include with the recommendation a statement in
127 writing as to the reasons for the decision, specifying
128 individual particularities. If a panel fails to reach a decision
129 on a recommended presumptive parole release date, the chair or
130 any other commissioner designated by the chair shall cast the
131 deciding vote. Within 90 days after the date of the initial
132 interview, the inmate shall be notified in writing of the
133 decision as to the inmate’s presumptive parole release date.
134 Section 8. Subsection (1) and paragraph (e) of subsection
135 (4) of section 947.16, Florida Statutes, is amended to read:
136 947.16 Eligibility for parole; initial parole interviews;
137 powers and duties of commission.—
138 (1) Every person who has been convicted of a felony or who
139 has been convicted of one or more misdemeanors and whose
140 sentence or cumulative sentences total 12 months or more, who is
141 confined in execution of the judgment of the court, and whose
142 record during confinement or while under supervision is good,
143 shall, unless otherwise provided by law, be eligible for
144 interview for parole consideration of her or his cumulative
145 sentence structure as follows:
146 (a) An inmate who has been sentenced for an indeterminate
147 term or a term of 3 years or less shall have an initial
148 interview conducted by a commission investigator hearing
149 examiner within 8 months after the initial date of confinement
150 in execution of the judgment.
151 (b) An inmate who has been sentenced for a minimum term in
152 excess of 3 years but of less than 6 years shall have an initial
153 interview conducted by a commission investigator hearing
154 examiner within 14 months after the initial date of confinement
155 in execution of the judgment.
156 (c) An inmate who has been sentenced for a minimum term of
157 6 or more years but other than for a life term shall have an
158 initial interview conducted by a commission investigator hearing
159 examiner within 24 months after the initial date of confinement
160 in execution of the judgment.
161 (d) An inmate who has been sentenced for a term of life
162 shall have an initial interview conducted by a commission
163 investigator hearing examiner within 5 years after the initial
164 date of confinement in execution of the judgment.
165 (e) An inmate who has been convicted and sentenced under
166 ss. 958.011-958.15, or any other inmate who has been determined
167 by the department to be a youthful offender, shall be
168 interviewed by a commission investigator parole examiner within
169 8 months after the initial date of confinement in execution of
170 the judgment.
171 (4) A person who has become eligible for an initial parole
172 interview and who may, according to the objective parole
173 guidelines of the commission, be granted parole shall be placed
174 on parole in accordance with the provisions of this law; except
175 that, in any case of a person convicted of murder, robbery,
176 burglary of a dwelling or burglary of a structure or conveyance
177 in which a human being is present, aggravated assault,
178 aggravated battery, kidnapping, sexual battery or attempted
179 sexual battery, incest or attempted incest, an unnatural and
180 lascivious act or an attempted unnatural and lascivious act,
181 lewd and lascivious behavior, assault or aggravated assault when
182 a sexual act is completed or attempted, battery or aggravated
183 battery when a sexual act is completed or attempted, arson, or
184 any felony involving the use of a firearm or other deadly weapon
185 or the use of intentional violence, at the time of sentencing
186 the judge may enter an order retaining jurisdiction over the
187 offender for review of a commission release order. This
188 jurisdiction of the trial court judge is limited to the first
189 one-third of the maximum sentence imposed. When any person is
190 convicted of two or more felonies and concurrent sentences are
191 imposed, then the jurisdiction of the trial court judge as
192 provided herein applies to the first one-third of the maximum
193 sentence imposed for the highest felony of which the person was
194 convicted. When any person is convicted of two or more felonies
195 and consecutive sentences are imposed, then the jurisdiction of
196 the trial court judge as provided herein applies to one-third of
197 the total consecutive sentences imposed.
198 (e) Upon receipt of notice of intent to retain jurisdiction
199 from the original sentencing judge or her or his replacement,
200 the commission shall, within 10 days, forward to the court its
201 release order, the findings of fact, the commission
202 investigator’s parole hearing examiner’s report and
203 recommendation, and all supporting information upon which its
204 release order was based.
205 Section 9. Subsections (1), (2), and (4) of section
206 947.174, Florida Statutes, are amended to read:
207 947.174 Subsequent interviews.—
208 (1)(a) For any inmate, except an inmate convicted of an
209 offense enumerated in paragraph (b), whose presumptive parole
210 release date falls more than 2 years after the date of the
211 initial interview, a commission investigator hearing examiner
212 shall schedule an interview for review of the presumptive parole
213 release date. Such interview shall take place within 2 years
214 after the initial interview and every 2 years thereafter.
215 (b) For any inmate convicted of murder or attempted murder;
216 sexual battery or attempted sexual battery; kidnapping or
217 attempted kidnapping; or robbery, burglary of a dwelling,
218 burglary of a structure or conveyance, or breaking and entering,
219 or the attempt thereof of any of these crimes, in which a human
220 being is present and a sexual act is attempted or completed, or
221 any inmate who has been sentenced to a 25-year minimum mandatory
222 sentence previously provided in s. 775.082, and whose
223 presumptive parole release date is more than 7 years after the
224 date of the initial interview, a commission investigator hearing
225 examiner shall schedule an interview for review of the
226 presumptive parole release date. The interview shall take place
227 once within 7 years after the initial interview and once every 7
228 years thereafter if the commission finds that it is not
229 reasonable to expect that parole will be granted at a hearing
230 during the following years and states the bases for the finding
231 in writing. For an inmate who is within 7 years of his or her
232 tentative release date, the commission may establish an
233 interview date before the 7-year schedule.
234 (c) Such interviews shall be limited to determining whether
235 or not information has been gathered which might affect the
236 presumptive parole release date. The provisions of this
237 subsection shall not apply to an inmate serving a concurrent
238 sentence in another jurisdiction pursuant to s. 921.16(2).
239 (2) The commission, for good cause, may at any time request
240 that a commission investigator hearing examiner conduct a
241 subsequent hearing according to the procedures outlined in this
242 section. Such request shall specify in writing the reasons for
243 such review.
244 (4) The department or a commission investigator hearing
245 examiner may recommend that an inmate be placed in a work
246 release program prior to the last 18 months of her or his
247 confinement before the presumptive parole release date. If the
248 commission does not deny the recommendation within 30 days of
249 the receipt of the recommendation, the inmate may be placed in
250 such a program, and the department shall advise the commission
251 of the fact prior to such placement.
252 Section 10. Subsection (1) of section 947.1745, Florida
253 Statutes, is amended to read:
254 947.1745 Establishment of effective parole release date.—If
255 the inmate’s institutional conduct has been satisfactory, the
256 presumptive parole release date shall become the effective
257 parole release date as follows:
258 (1) Within 90 days before the presumptive parole release
259 date, a commission investigator hearing examiner shall conduct a
260 final interview with the inmate in order to establish an
261 effective parole release date and parole release plan. If it is
262 determined that the inmate’s institutional conduct has been
263 unsatisfactory, a statement to this effect shall be made in
264 writing with particularity and shall be forwarded to a panel of
265 no fewer than two commissioners appointed by the chair.
266 Section 11. Subsection (1) of section 947.22, Florida
267 Statutes, is amended to read:
268 947.22 Authority to arrest parole violators with or without
269 warrant.—
270 (1) If a member of the commission or a duly authorized
271 representative of the commission has reasonable grounds to
272 believe that a parolee has violated the terms and conditions of
273 her or his parole in a material respect, such member or
274 representative may issue a warrant for the arrest of such
275 parolee. The warrant shall be returnable before a member of the
276 commission or a duly authorized representative of the
277 commission. The commission, a commissioner, or a commission
278 investigator parole examiner with approval of the commission
279 parole examiner supervisor, may release the parolee on bail or
280 her or his own recognizance, conditioned upon her or his
281 appearance at any hearings noticed by the commission. If not
282 released on bail or her or his own recognizance, the parolee
283 shall be committed to jail pending hearings pursuant to s.
284 947.23. The commission, at its election, may have the hearing
285 conducted by one or more commissioners or by a duly authorized
286 representative of the commission. Any parole and probation
287 officer, any officer authorized to serve criminal process, or
288 any peace officer of this state is authorized to execute the
289 warrant.
290 Section 12. Effective July 1, 2016, paragraph (h) of
291 subsection (1) of section 960.001, Florida Statutes, is amended
292 to read:
293 960.001 Guidelines for fair treatment of victims and
294 witnesses in the criminal justice and juvenile justice systems.—
295 (1) The Department of Legal Affairs, the state attorneys,
296 the Department of Corrections, the Department of Juvenile
297 Justice, the Florida Commission on Offender Review, the State
298 Courts Administrator and circuit court administrators, the
299 Department of Law Enforcement, and every sheriff’s department,
300 police department, or other law enforcement agency as defined in
301 s. 943.10(4) shall develop and implement guidelines for the use
302 of their respective agencies, which guidelines are consistent
303 with the purposes of this act and s. 16(b), Art. I of the State
304 Constitution and are designed to implement s. 16(b), Art. I of
305 the State Constitution and to achieve the following objectives:
306 (h) Return of property to victim.—
307 1. A law enforcement agency agencies and the state attorney
308 shall promptly return a victim’s property held for evidentiary
309 purposes unless there is a compelling law enforcement reason for
310 retaining it. The trial or juvenile court exercising
311 jurisdiction over the criminal or juvenile proceeding may enter
312 appropriate orders to implement this subsection, including
313 allowing photographs of the victim’s property to be used as
314 evidence at the criminal trial or the juvenile proceeding in
315 place of the victim’s property if no related substantial
316 evidentiary issue related thereto is in dispute.
317 2. A law enforcement agency shall give a victim
318 instructions that outline the process for a replevin action and
319 the procedures specified in s. 539.001(15) for obtaining
320 possession of the victim’s property located in a pawnshop. If a
321 law enforcement agency locates the property in the possession of
322 a pawnbroker, the law enforcement agency shall promptly make
323 reasonable efforts to provide the victim with the name and
324 location of the pawnshop.
325 Section 13. Subsection (2) of section 20.32, Florida
326 Statutes, is amended to read:
327 20.32 Florida Commission on Offender Review.—
328 (2) All powers, duties, and functions relating to the
329 appointment of the Florida Commission on Offender Review as
330 provided in s. 947.02 or s. 947.021 shall be exercised and
331 performed by the Governor and Cabinet. Except as provided in s.
332 947.021, Each appointment shall be made from among the first
333 three eligible persons on the list of the persons eligible for
334 said position.
335 Section 14. Except as otherwise expressly provided in this
336 act, this act shall take effect upon becoming a law.
337
338 ================= T I T L E A M E N D M E N T ================
339 And the title is amended as follows:
340 Delete everything before the enacting clause
341 and insert:
342 A bill to be entitled
343 An act relating to criminal justice; amending ss.
344 784.078, 800.09, 947.002, and 947.02, F.S.; conforming
345 provisions to changes made by chapter 2014-191, Laws
346 of Florida; repealing s. 947.021, F.S., relating to
347 expedited appointments to the Florida Commission on
348 Offender Review; amending s. 947.10, F.S.; conforming
349 provisions to changes made by chapter 2014-191, Laws
350 of Florida; deleting an applicability provision;
351 amending s. 947.172, F.S.; conforming provisions to
352 changes made by chapter 2014-191, Laws of Florida;
353 deleting a provision requiring the assigning of cases
354 on a random basis; amending ss. 947.16, 947.174,
355 947.1745, and 947.22, F.S.; conforming provisions to
356 changes made by chapter 2014-191, Laws of Florida;
357 amending s. 960.001, F.S.; requiring a law enforcement
358 agency to provide specified instructions to a victim;
359 requiring a law enforcement agency to promptly make
360 reasonable efforts to provide the victim with
361 specified information under certain circumstances;
362 amending s. 20.32, F.S.; conforming provisions to
363 changes made by the act; providing effective dates.