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House Bill 0581

Florida House of Representatives - 1997 HB 581 By Representative Putnam 1 A bill to be entitled 2 An act relating to parole; amending ss. 947.16, 3 947.174, 947.1745, F.S., relating to 4 eligibility for parole, parole interviews, and 5 the establishment of a parole release date; 6 providing for the Parole Commission to review 7 an inmate's presumptive parole release date 8 less frequently; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraphs (c), (g), and (h) of subsection 13 (4) of section 947.16, Florida Statutes, are amended to read: 14 947.16 Eligibility for parole; initial parole 15 interviews; powers and duties of commission.-- 16 (4) A person who has become eligible for an initial 17 parole interview and who may, according to the objective 18 parole guidelines of the commission, be granted parole shall 19 be placed on parole in accordance with the provisions of this 20 law; except that, in any case of a person convicted of murder, 21 robbery, burglary of a dwelling or burglary of a structure or 22 conveyance in which a human being is present, aggravated 23 assault, aggravated battery, kidnapping, sexual battery or 24 attempted sexual battery, incest or attempted incest, an 25 unnatural and lascivious act or an attempted unnatural and 26 lascivious act, lewd and lascivious behavior, assault or 27 aggravated assault when a sexual act is completed or 28 attempted, battery or aggravated battery when a sexual act is 29 completed or attempted, arson, or any felony involving the use 30 of a firearm or other deadly weapon or the use of intentional 31 violence, at the time of sentencing the judge may enter an 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 581 584-103-97 1 order retaining jurisdiction over the offender for review of a 2 commission release order. This jurisdiction of the trial 3 court judge is limited to the first one-third of the maximum 4 sentence imposed. When any person is convicted of two or more 5 felonies and concurrent sentences are imposed, then the 6 jurisdiction of the trial court judge as provided herein 7 applies to the first one-third of the maximum sentence imposed 8 for the highest felony of which the person was convicted. When 9 any person is convicted of two or more felonies and 10 consecutive sentences are imposed, then the jurisdiction of 11 the trial court judge as provided herein applies to one-third 12 of the total consecutive sentences imposed. 13 (c) In such a case of retained jurisdiction, the 14 commission, within 30 days after the entry of its release 15 order, shall send notice of its release order to the original 16 sentencing judge and to the appropriate state attorney. The 17 release order shall be made contingent upon entry of an order 18 by the appropriate circuit judge relinquishing jurisdiction as 19 provided for in paragraphs (d) and (f) paragraph 5(d) and (f). 20 If the original sentencing judge is no longer in service, such 21 notice shall be sent to the chief judge of the circuit in 22 which the offender was sentenced. The chief judge may 23 designate any circuit judge within the circuit to act in the 24 place of the original sentencing judge. Such notice shall 25 stay the time requirements of s. 947.1745. 26 (g) The decision of the original sentencing judge or, 27 in his absence, the chief judge of the circuit to vacate any 28 parole release order as provided in this section act is not 29 appealable. Each inmate whose parole release order has been 30 vacated by the court shall be reinterviewed once within 5 2 31 years after the date of receipt of the vacated release order 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 581 584-103-97 1 and once every 5 2 years thereafter, or earlier by order of 2 the court retaining jurisdiction. 3 (h) An inmate whose parole release order has been 4 vacated by the court may not be given a presumptive parole 5 release date during the period of retention of jurisdiction by 6 the court. During such period, a new effective parole release 7 date may be authorized at the discretion of the commission 8 without further interview unless an interview is requested by 9 no fewer than two commissioners. Any such new effective 10 parole release date must shall be reviewed in accordance with 11 the provisions of paragraphs (c), (d), (e), (f), and (g). 12 Section 2. Subsection (1) of section 947.174, Florida 13 Statutes, is amended to read: 14 947.174 Subsequent interviews.-- 15 (1) For any inmate whose presumptive parole release 16 date falls more than 5 2 years after the date of the initial 17 interview, a hearing examiner shall schedule an interview for 18 review of the presumptive parole release date. Such interview 19 shall take place once within 5 2 years after the initial 20 interview and once every 5 2 years thereafter. Such 21 interviews shall be limited to determining whether or not 22 information has been gathered which might affect the 23 presumptive parole release date. The provisions of this 24 subsection shall not apply to an inmate serving a concurrent 25 sentence in another jurisdiction pursuant to s. 921.16(2). 26 Section 3. Subsection (6) of section 947.1745, Florida 27 Statutes, is amended to read: 28 947.1745 Establishment of effective parole release 29 date.--If the inmate's institutional conduct has been 30 satisfactory, the presumptive parole release date shall become 31 the effective parole release date as follows: 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 581 584-103-97 1 (6) Within 90 days before the effective parole release 2 date interview, the commission shall send written notice to 3 the sentencing judge of any inmate who has been scheduled for 4 an effective parole release date interview. If the sentencing 5 judge is no longer serving, the notice must be sent to the 6 chief judge of the circuit in which the offender was 7 sentenced. The chief judge may designate any circuit judge 8 within the circuit to act in the place of the sentencing 9 judge. Within 30 days after receipt of the commission's 10 notice, the sentencing judge, or the designee, shall send to 11 the commission notice of objection to parole release, if the 12 judge objects to such release. If there is objection by the 13 judge, such objection may constitute good cause in exceptional 14 circumstances as described in s. 947.173, and the commission 15 may schedule a subsequent review once within 5 2 years, 16 extending the presumptive parole release date beyond that 17 time. With any subsequent review the same procedure outlined 18 above will be followed. If the judge remains silent with 19 respect to parole release, the commission may authorize an 20 effective parole release date. This subsection applies if the 21 commission desires to consider the establishment of an 22 effective release date without delivery of the effective 23 parole release date interview. Notice of the effective 24 release date must be sent to the sentencing judge, and either 25 the judge's response to the notice must be received or the 26 time period allowed for such response must elapse before the 27 commission may authorize an effective release date. 28 Section 4. This act shall take effect October 1, 1997. 29 30 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 581 584-103-97 1 ***************************************** 2 HOUSE SUMMARY 3 Provides for the Parole Commission to review the date of 4 an inmate's release under parole once every 5 years rather than once every 2 years. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5