Florida Senate - 2012                                     SB 506
       
       
       
       By Senator Evers
       
       
       
       
       2-00544-12                                             2012506__
    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 Parole Commission
    8         developing and implementing objective parole
    9         guidelines to serve as the criteria upon which parole
   10         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;
   60         4.Convicted of robbery;
   61         5. Convicted of burglary of a dwelling or burglary of a
   62  structure or conveyance in which a human being is present and a
   63  sexual act is completed or attempted; or
   64         6.3. 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,
   81  robbery, or burglary of a dwelling or burglary of a structure or
   82  conveyance in which a human being is present and a sexual act is
   83  completed or attempted, or any inmate who has been sentenced to
   84  a 25-year minimum mandatory sentence previously provided in s.
   85  775.082, and whose presumptive parole release date is more than
   86  7 years after the date of the initial interview, a hearing
   87  examiner shall schedule an interview for review of the
   88  presumptive parole release date. The interview shall take place
   89  once within 7 years after the initial interview and once every 7
   90  years thereafter if the commission finds that it is not
   91  reasonable to expect that parole will be granted at a hearing
   92  during the following years and states the bases for the finding
   93  in writing. For an any inmate who is within 7 years of his or
   94  her tentative release date, the commission may establish an
   95  interview date before the 7-year schedule.
   96         Section 3. Subsection (6) of section 947.1745, Florida
   97  Statutes, is amended to read:
   98         947.1745 Establishment of effective parole release date.—If
   99  the inmate’s institutional conduct has been satisfactory, the
  100  presumptive parole release date shall become the effective
  101  parole release date as follows:
  102         (6) Within 90 days before the effective parole release date
  103  interview, the commission shall send written notice to the
  104  sentencing judge of any inmate who has been scheduled for an
  105  effective parole release date interview. If the sentencing judge
  106  is no longer serving, the notice must be sent to the chief judge
  107  of the circuit in which the offender was sentenced. The chief
  108  judge may designate any circuit judge within the circuit to act
  109  in the place of the sentencing judge. Within 30 days after
  110  receipt of the commission’s notice, the sentencing judge, or the
  111  designee, shall send to the commission notice of objection to
  112  parole release, if the judge objects to such release. If there
  113  is objection by the judge, such objection may constitute good
  114  cause in exceptional circumstances as described in s. 947.173,
  115  and the commission may schedule a subsequent review within 2
  116  years, extending the presumptive parole release date beyond that
  117  time. However, for an inmate who has been:
  118         (a) Convicted of murder or attempted murder;
  119         (b) Convicted of sexual battery or attempted sexual
  120  battery; or
  121         (c)Convicted of kidnapping;
  122         (d)Convicted of robbery;
  123         (e) Convicted of burglary of a dwelling or burglary of a
  124  structure or conveyance in which a human being is present and a
  125  sexual act is completed or attempted; or
  126         (f)(c) Sentenced to a 25-year minimum mandatory sentence
  127  previously provided in s. 775.082,
  128  
  129  the commission may schedule a subsequent review under this
  130  subsection once every 7 years, extending the presumptive parole
  131  release date beyond that time if the commission finds that it is
  132  not reasonable to expect that parole would be granted at a
  133  review during the following years and states the bases for the
  134  finding in writing. For an any inmate who is within 7 years of
  135  his or her release date, the commission may schedule a
  136  subsequent review before prior to the 7-year schedule. With any
  137  subsequent review the same procedure outlined above will be
  138  followed. If the judge remains silent with respect to parole
  139  release, the commission may authorize an effective parole
  140  release date. This subsection applies if the commission desires
  141  to consider the establishment of an effective release date
  142  without delivery of the effective parole release date interview.
  143  Notice of the effective release date must be sent to the
  144  sentencing judge, and either the judge’s response to the notice
  145  must be received or the time period allowed for such response
  146  must elapse before the commission may authorize an effective
  147  release date.
  148         Section 4. For the purpose of incorporating the amendment
  149  made by this act to section 947.1745, Florida Statutes, in a
  150  reference thereto, subsection (1) of section 947.165, Florida
  151  Statutes, is reenacted to read:
  152         947.165 Objective parole guidelines.—
  153         (1) The commission shall develop and implement objective
  154  parole guidelines which shall be the criteria upon which parole
  155  decisions are made. The objective parole guidelines shall be
  156  developed according to an acceptable research method and shall
  157  be based on the seriousness of offense and the likelihood of
  158  favorable parole outcome. The guidelines shall require the
  159  commission to aggravate or aggregate each consecutive sentence
  160  in establishing the presumptive parole release date. Factors
  161  used in arriving at the salient factor score and the severity of
  162  offense behavior category shall not be applied as aggravating
  163  circumstances. If the sentencing judge files a written objection
  164  to the parole release of an inmate as provided for in s.
  165  947.1745(6), such objection may be used by the commission as a
  166  basis to extend the presumptive parole release date.
  167         Section 5. This act shall take effect July 1, 2012.