Florida Senate - 2016 CS for CS for SB 360
By the Committees on Fiscal Policy; and Criminal Justice; and
Senator Clemens
594-04389-16 2016360c2
1 A bill to be entitled
2 An act relating to criminal justice; amending ss.
3 784.078, 800.09, 947.002, and 947.02, F.S.; conforming
4 provisions to changes made by chapter 2014-191, Laws
5 of Florida; repealing s. 947.021, F.S., relating to
6 expedited appointments to the Florida Commission on
7 Offender Review; amending s. 947.10, F.S.; conforming
8 provisions to changes made by chapter 2014-191, Laws
9 of Florida; deleting an applicability provision;
10 amending s. 947.172, F.S.; conforming provisions to
11 changes made by chapter 2014-191, Laws of Florida;
12 deleting a provision requiring the assigning of cases
13 on a random basis; amending ss. 947.16, 947.174,
14 947.1745, and 947.22, F.S.; conforming provisions to
15 changes made by chapter 2014-191, Laws of Florida;
16 amending s. 960.001, F.S.; requiring a law enforcement
17 agency to provide specified instructions to a victim;
18 requiring a law enforcement agency to promptly make
19 reasonable efforts to provide the victim with
20 specified information under certain circumstances;
21 amending s. 20.32, F.S.; conforming provisions to
22 changes made by the act; providing effective dates.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraph (b) of subsection (2) of section
27 784.078, Florida Statutes, is amended to read:
28 784.078 Battery of facility employee by throwing, tossing,
29 or expelling certain fluids or materials.—
30 (2)
31 (b) “Employee” includes any person who is a commission
32 investigator parole examiner with the Florida Commission on
33 Offender Review.
34 Section 2. Paragraph (a) of subsection (1) of section
35 800.09, Florida Statutes, is amended to read:
36 800.09 Lewd or lascivious exhibition in the presence of an
37 employee.—
38 (1) As used in this section, the term:
39 (a) “Employee” means any person employed by or performing
40 contractual services for a public or private entity operating a
41 facility or any person employed by or performing contractual
42 services for the corporation operating the prison industry
43 enhancement programs or the correctional work programs under
44 part II of chapter 946. The term also includes any person who is
45 a commission investigator parole examiner with the Florida
46 Commission on Offender Review.
47 Section 3. Subsection (4) of section 947.002, Florida
48 Statutes, is amended to read:
49 947.002 Intent.—
50 (4) Commission investigators Hearing examiners are assigned
51 on the basis of caseload needs as determined by the chair.
52 Section 4. Section 947.02, Florida Statutes, is amended to
53 read:
54 947.02 Florida Commission on Offender Review; members,
55 appointment.—
56 (1) Except as provided in s. 947.021, The members of the
57 Florida Commission on Offender Review shall be appointed by the
58 Governor and Cabinet from a list of eligible applicants
59 submitted by a commissioner parole qualifications committee. The
60 appointments of members of the commission shall be certified to
61 the Senate by the Governor and Cabinet for confirmation, and the
62 membership of the commission shall include representation from
63 minority persons as defined in s. 288.703.
64 (2) A commissioner parole qualifications committee shall
65 consist of five persons who are appointed by the Governor and
66 Cabinet. One member shall be designated as chair by the Governor
67 and Cabinet. The committee shall provide for statewide
68 advertisement and the receiving of applications for any position
69 or positions on the commission and shall devise a plan for the
70 determination of the qualifications of the applicants by
71 investigations and comprehensive evaluations, including, but not
72 limited to, investigation and evaluation of the character,
73 habits, and philosophy of each applicant. Each commissioner
74 parole qualifications committee shall exist for 2 years. If
75 additional vacancies on the commission occur during this 2-year
76 period, the committee may advertise and accept additional
77 applications; however, all previously submitted applications
78 shall be considered along with the new applications according to
79 the previously established plan for the evaluation of the
80 qualifications of applicants.
81 (3) Within 90 days before an anticipated vacancy by
82 expiration of term pursuant to s. 947.03 or upon any other
83 vacancy, the Governor and Cabinet shall appoint a commissioner
84 parole qualifications committee if one has not been appointed
85 during the previous 2 years. The committee shall consider
86 applications for the commission seat, including the application
87 of an incumbent commissioner if he or she applies, according to
88 subsection (2). The committee shall submit a list of three
89 eligible applicants, which may include the incumbent if the
90 committee so decides, without recommendation, to the Governor
91 and Cabinet for appointment to the commission. In the case of an
92 unexpired term, the appointment must be for the remainder of the
93 unexpired term and until a successor is appointed and qualified.
94 If more than one seat is vacant, the committee shall submit a
95 list of eligible applicants, without recommendation, containing
96 a number of names equal to three times the number of vacant
97 seats; however, the names submitted may not be distinguished by
98 seat, and each submitted applicant shall be considered eligible
99 for each vacancy.
100 (4) Upon receiving a list of eligible persons from the
101 commissioner parole qualifications committee, the Governor and
102 Cabinet may reject the list. If the list is rejected, the
103 committee shall reinitiate the application and examination
104 procedure according to subsection (2).
105 (5) Section 120.525 and chapters 119 and 286 apply to all
106 activities and proceedings of a commissioner parole
107 qualifications committee.
108 Section 5. Section 947.021, Florida Statutes, is repealed.
109 Section 6. Section 947.10, Florida Statutes, is amended to
110 read:
111 947.10 Business and political activity upon part of members
112 and full-time employees of commission.—No member of the
113 commission and no full-time employee thereof shall, during her
114 or his service upon or under the commission, engage in any other
115 business or profession or hold any other public office, nor
116 shall she or he serve as the representative of any political
117 party, or any political executive committee or other political
118 governing body thereof, or as an executive officer or employee
119 of any political committee, organization, or association or be
120 engaged on the behalf of any candidate for public office in the
121 solicitation of votes or otherwise. However, this shall not be
122 deemed to exclude the appointment of the Secretary of
123 Corrections to the commission under the terms and conditions set
124 forth in this chapter.
125 Section 7. Subsections (1) and (2) of section 947.172,
126 Florida Statutes, are amended to read:
127 947.172 Establishment of presumptive parole release date.—
128 (1) The commission investigator hearing examiner shall
129 conduct an initial interview in accordance with the provisions
130 of s. 947.16. This interview shall include introduction and
131 explanation of the objective parole guidelines as they relate to
132 presumptive and effective parole release dates and an
133 explanation of the institutional conduct record and satisfactory
134 release plan for parole supervision as each relates to parole
135 release.
136 (2) Based on the objective parole guidelines and any other
137 competent evidence relevant to aggravating and mitigating
138 circumstances, the commission investigator hearing examiner
139 shall, within 10 days after the interview, recommend in writing
140 to a panel of no fewer than two commissioners appointed by the
141 chair a presumptive parole release date for the inmate. The
142 chair shall assign cases to such panels on a random basis,
143 without regard to the inmate or to the commissioners sitting on
144 the panel. If the recommended presumptive parole release date
145 falls outside the matrix time ranges as determined by the
146 objective parole guidelines, the commission investigator hearing
147 examiner shall include with the recommendation a statement in
148 writing as to the reasons for the decision, specifying
149 individual particularities. If a panel fails to reach a decision
150 on a recommended presumptive parole release date, the chair or
151 any other commissioner designated by the chair shall cast the
152 deciding vote. Within 90 days after the date of the initial
153 interview, the inmate shall be notified in writing of the
154 decision as to the inmate’s presumptive parole release date.
155 Section 8. Subsection (1) and paragraph (e) of subsection
156 (4) of section 947.16, Florida Statutes, are amended to read:
157 947.16 Eligibility for parole; initial parole interviews;
158 powers and duties of commission.—
159 (1) Every person who has been convicted of a felony or who
160 has been convicted of one or more misdemeanors and whose
161 sentence or cumulative sentences total 12 months or more, who is
162 confined in execution of the judgment of the court, and whose
163 record during confinement or while under supervision is good,
164 shall, unless otherwise provided by law, be eligible for
165 interview for parole consideration of her or his cumulative
166 sentence structure as follows:
167 (a) An inmate who has been sentenced for an indeterminate
168 term or a term of 3 years or less shall have an initial
169 interview conducted by a commission investigator hearing
170 examiner within 8 months after the initial date of confinement
171 in execution of the judgment.
172 (b) An inmate who has been sentenced for a minimum term in
173 excess of 3 years but of less than 6 years shall have an initial
174 interview conducted by a commission investigator hearing
175 examiner within 14 months after the initial date of confinement
176 in execution of the judgment.
177 (c) An inmate who has been sentenced for a minimum term of
178 6 or more years but other than for a life term shall have an
179 initial interview conducted by a commission investigator hearing
180 examiner within 24 months after the initial date of confinement
181 in execution of the judgment.
182 (d) An inmate who has been sentenced for a term of life
183 shall have an initial interview conducted by a commission
184 investigator hearing examiner within 5 years after the initial
185 date of confinement in execution of the judgment.
186 (e) An inmate who has been convicted and sentenced under
187 ss. 958.011-958.15, or any other inmate who has been determined
188 by the department to be a youthful offender, shall be
189 interviewed by a commission investigator parole examiner within
190 8 months after the initial date of confinement in execution of
191 the judgment.
192 (4) A person who has become eligible for an initial parole
193 interview and who may, according to the objective parole
194 guidelines of the commission, be granted parole shall be placed
195 on parole in accordance with the provisions of this law; except
196 that, in any case of a person convicted of murder, robbery,
197 burglary of a dwelling or burglary of a structure or conveyance
198 in which a human being is present, aggravated assault,
199 aggravated battery, kidnapping, sexual battery or attempted
200 sexual battery, incest or attempted incest, an unnatural and
201 lascivious act or an attempted unnatural and lascivious act,
202 lewd and lascivious behavior, assault or aggravated assault when
203 a sexual act is completed or attempted, battery or aggravated
204 battery when a sexual act is completed or attempted, arson, or
205 any felony involving the use of a firearm or other deadly weapon
206 or the use of intentional violence, at the time of sentencing
207 the judge may enter an order retaining jurisdiction over the
208 offender for review of a commission release order. This
209 jurisdiction of the trial court judge is limited to the first
210 one-third of the maximum sentence imposed. When any person is
211 convicted of two or more felonies and concurrent sentences are
212 imposed, then the jurisdiction of the trial court judge as
213 provided herein applies to the first one-third of the maximum
214 sentence imposed for the highest felony of which the person was
215 convicted. When any person is convicted of two or more felonies
216 and consecutive sentences are imposed, then the jurisdiction of
217 the trial court judge as provided herein applies to one-third of
218 the total consecutive sentences imposed.
219 (e) Upon receipt of notice of intent to retain jurisdiction
220 from the original sentencing judge or her or his replacement,
221 the commission shall, within 10 days, forward to the court its
222 release order, the findings of fact, the commission
223 investigator’s parole hearing examiner’s report and
224 recommendation, and all supporting information upon which its
225 release order was based.
226 Section 9. Subsections (1), (2), and (4) of section
227 947.174, Florida Statutes, are amended to read:
228 947.174 Subsequent interviews.—
229 (1)(a) For any inmate, except an inmate convicted of an
230 offense enumerated in paragraph (b), whose presumptive parole
231 release date falls more than 2 years after the date of the
232 initial interview, a commission investigator hearing examiner
233 shall schedule an interview for review of the presumptive parole
234 release date. Such interview shall take place within 2 years
235 after the initial interview and every 2 years thereafter.
236 (b) For any inmate convicted of murder or attempted murder;
237 sexual battery or attempted sexual battery; kidnapping or
238 attempted kidnapping; or robbery, burglary of a dwelling,
239 burglary of a structure or conveyance, or breaking and entering,
240 or the attempt thereof of any of these crimes, in which a human
241 being is present and a sexual act is attempted or completed, or
242 any inmate who has been sentenced to a 25-year minimum mandatory
243 sentence previously provided in s. 775.082, and whose
244 presumptive parole release date is more than 7 years after the
245 date of the initial interview, a commission investigator hearing
246 examiner shall schedule an interview for review of the
247 presumptive parole release date. The interview shall take place
248 once within 7 years after the initial interview and once every 7
249 years thereafter if the commission finds that it is not
250 reasonable to expect that parole will be granted at a hearing
251 during the following years and states the bases for the finding
252 in writing. For an inmate who is within 7 years of his or her
253 tentative release date, the commission may establish an
254 interview date before the 7-year schedule.
255 (c) Such interviews shall be limited to determining whether
256 or not information has been gathered which might affect the
257 presumptive parole release date. The provisions of this
258 subsection shall not apply to an inmate serving a concurrent
259 sentence in another jurisdiction pursuant to s. 921.16(2).
260 (2) The commission, for good cause, may at any time request
261 that a commission investigator hearing examiner conduct a
262 subsequent hearing according to the procedures outlined in this
263 section. Such request shall specify in writing the reasons for
264 such review.
265 (4) The department or a commission investigator hearing
266 examiner may recommend that an inmate be placed in a work
267 release program prior to the last 18 months of her or his
268 confinement before the presumptive parole release date. If the
269 commission does not deny the recommendation within 30 days of
270 the receipt of the recommendation, the inmate may be placed in
271 such a program, and the department shall advise the commission
272 of the fact prior to such placement.
273 Section 10. Subsection (1) of section 947.1745, Florida
274 Statutes, is amended to read:
275 947.1745 Establishment of effective parole release date.—If
276 the inmate’s institutional conduct has been satisfactory, the
277 presumptive parole release date shall become the effective
278 parole release date as follows:
279 (1) Within 90 days before the presumptive parole release
280 date, a commission investigator hearing examiner shall conduct a
281 final interview with the inmate in order to establish an
282 effective parole release date and parole release plan. If it is
283 determined that the inmate’s institutional conduct has been
284 unsatisfactory, a statement to this effect shall be made in
285 writing with particularity and shall be forwarded to a panel of
286 no fewer than two commissioners appointed by the chair.
287 Section 11. Subsection (1) of section 947.22, Florida
288 Statutes, is amended to read:
289 947.22 Authority to arrest parole violators with or without
290 warrant.—
291 (1) If a member of the commission or a duly authorized
292 representative of the commission has reasonable grounds to
293 believe that a parolee has violated the terms and conditions of
294 her or his parole in a material respect, such member or
295 representative may issue a warrant for the arrest of such
296 parolee. The warrant shall be returnable before a member of the
297 commission or a duly authorized representative of the
298 commission. The commission, a commissioner, or a commission
299 investigator parole examiner with approval of the commission
300 parole examiner supervisor, may release the parolee on bail or
301 her or his own recognizance, conditioned upon her or his
302 appearance at any hearings noticed by the commission. If not
303 released on bail or her or his own recognizance, the parolee
304 shall be committed to jail pending hearings pursuant to s.
305 947.23. The commission, at its election, may have the hearing
306 conducted by one or more commissioners or by a duly authorized
307 representative of the commission. Any parole and probation
308 officer, any officer authorized to serve criminal process, or
309 any peace officer of this state is authorized to execute the
310 warrant.
311 Section 12. Effective July 1, 2016, paragraph (h) of
312 subsection (1) of section 960.001, Florida Statutes, is amended
313 to read:
314 960.001 Guidelines for fair treatment of victims and
315 witnesses in the criminal justice and juvenile justice systems.—
316 (1) The Department of Legal Affairs, the state attorneys,
317 the Department of Corrections, the Department of Juvenile
318 Justice, the Florida Commission on Offender Review, the State
319 Courts Administrator and circuit court administrators, the
320 Department of Law Enforcement, and every sheriff’s department,
321 police department, or other law enforcement agency as defined in
322 s. 943.10(4) shall develop and implement guidelines for the use
323 of their respective agencies, which guidelines are consistent
324 with the purposes of this act and s. 16(b), Art. I of the State
325 Constitution and are designed to implement s. 16(b), Art. I of
326 the State Constitution and to achieve the following objectives:
327 (h) Return of property to victim.—
328 1. A law enforcement agency agencies and the state attorney
329 shall promptly return a victim’s property held for evidentiary
330 purposes unless there is a compelling law enforcement reason for
331 retaining it. The trial or juvenile court exercising
332 jurisdiction over the criminal or juvenile proceeding may enter
333 appropriate orders to implement this subsection, including
334 allowing photographs of the victim’s property to be used as
335 evidence at the criminal trial or the juvenile proceeding in
336 place of the victim’s property if no related substantial
337 evidentiary issue related thereto is in dispute.
338 2. A law enforcement agency shall give a victim
339 instructions that outline the process for a replevin action and
340 the procedures specified in s. 539.001(15) for obtaining
341 possession of the victim’s property located in a pawnshop. If a
342 law enforcement agency locates the property in the possession of
343 a pawnbroker, the law enforcement agency shall promptly make
344 reasonable efforts to provide the victim with the name and
345 location of the pawnshop.
346 Section 13. Subsection (2) of section 20.32, Florida
347 Statutes, is amended to read:
348 20.32 Florida Commission on Offender Review.—
349 (2) All powers, duties, and functions relating to the
350 appointment of the Florida Commission on Offender Review as
351 provided in s. 947.02 or s. 947.021 shall be exercised and
352 performed by the Governor and Cabinet. Except as provided in s.
353 947.021, Each appointment shall be made from among the first
354 three eligible persons on the list of the persons eligible for
355 said position.
356 Section 14. Except as otherwise expressly provided in this
357 act, this act shall take effect upon becoming a law.