House Bill 1449

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                HB 1449

        By the Committee on Corrections and Representative
    Trovillion





  1                      A bill to be entitled

  2         An act relating to inmate parole interviews,

  3         reinterviews, and reviews by the Parole

  4         Commission; amending ss. 947.16, 947.174, and

  5         947.1745, F.S.; specifying minimum interview,

  6         reinterview, and review frequencies; providing

  7         an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Paragraph (g) of subsection (4) of section

12  947.16, Florida Statutes, is amended to read:

13         947.16  Eligibility for parole; initial parole

14  interviews; powers and duties of commission.--

15         (4)  A person who has become eligible for an initial

16  parole interview and who may, according to the objective

17  parole guidelines of the commission, be granted parole shall

18  be placed on parole in accordance with the provisions of this

19  law; except that, in any case of a person convicted of murder,

20  robbery, burglary of a dwelling or burglary of a structure or

21  conveyance in which a human being is present, aggravated

22  assault, aggravated battery, kidnapping, sexual battery or

23  attempted sexual battery, incest or attempted incest, an

24  unnatural and lascivious act or an attempted unnatural and

25  lascivious act, lewd and lascivious behavior, assault or

26  aggravated assault when a sexual act is completed or

27  attempted, battery or aggravated battery when a sexual act is

28  completed or attempted, arson, or any felony involving the use

29  of a firearm or other deadly weapon or the use of intentional

30  violence, at the time of sentencing the judge may enter an

31  order retaining jurisdiction over the offender for review of a

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1449

    180-424A-00






  1  commission release order.  This jurisdiction of the trial

  2  court judge is limited to the first one-third of the maximum

  3  sentence imposed.  When any person is convicted of two or more

  4  felonies and concurrent sentences are imposed, then the

  5  jurisdiction of the trial court judge as provided herein

  6  applies to the first one-third of the maximum sentence imposed

  7  for the highest felony of which the person was convicted. When

  8  any person is convicted of two or more felonies and

  9  consecutive sentences are imposed, then the jurisdiction of

10  the trial court judge as provided herein applies to one-third

11  of the total consecutive sentences imposed.

12         (g)  The decision of the original sentencing judge or,

13  in her or his absence, the chief judge of the circuit to

14  vacate any parole release order as provided in this section is

15  not appealable.  Each inmate whose parole release order has

16  been vacated by the court shall be reinterviewed within 2

17  years after the date of receipt of the vacated release order

18  and every 2 years thereafter, or earlier by order of the court

19  retaining jurisdiction. However, each inmate whose parole

20  release order has been vacated by the court and who has been:

21         1.  Convicted of murder or attempted murder;

22         2.  Convicted of sexual battery or attempted sexual

23  battery; or

24         3.  Sentenced to a 25-year minimum mandatory sentence

25  previously provided in s. 775.082,

26

27  shall be reinterviewed no less than once within 5 years, but

28  no more often than once every 30 months, after the date of

29  receipt of the vacated release order and no less than once

30  every 5 years, but no more often than once every 30 months,

31  thereafter, if the commission finds that it is not reasonable

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1449

    180-424A-00






  1  to expect that parole would be granted during the following

  2  years and states the bases for the finding in writing.  For

  3  any inmate who is within 7 years of his or her tentative

  4  release date, the commission may establish an additional a

  5  reinterview date prior to the 5-year schedule.

  6         Section 2.  Paragraph (b) of subsection (1) of section

  7  947.174, Florida Statutes, is amended to read:

  8         947.174  Subsequent interviews.--

  9         (1)

10         (b)  For any inmate convicted of murder, attempted

11  murder, sexual battery, attempted sexual battery, or who has

12  been sentenced to a 25-year minimum mandatory sentence

13  previously provided in s. 775.082, and whose presumptive

14  parole release date is more than 5 years after the date of the

15  initial interview, a hearing examiner shall schedule an

16  interview for review of the presumptive parole release date.

17  Such interview shall take place no less than once within 5

18  years, but no more often than once every 30 months, after the

19  initial interview and no less than once every 5 years, but no

20  more often than once every 30 months, thereafter if the

21  commission finds that it is not reasonable to expect that

22  parole will be granted at a hearing during the following years

23  and states the bases for the finding in writing.   For any

24  inmate who is within 7 years of his or her tentative release

25  date, the commission may establish an additional interview

26  date prior to the 5-year schedule.

27         Section 3.  Subsection (6) of section 947.1745, Florida

28  Statutes, is amended to read:

29         947.1745  Establishment of effective parole release

30  date.--If the inmate's institutional conduct has been

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1449

    180-424A-00






  1  satisfactory, the presumptive parole release date shall become

  2  the effective parole release date as follows:

  3         (6)  Within 90 days before the effective parole release

  4  date interview, the commission shall send written notice to

  5  the sentencing judge of any inmate who has been scheduled for

  6  an effective parole release date interview.  If the sentencing

  7  judge is no longer serving, the notice must be sent to the

  8  chief judge of the circuit in which the offender was

  9  sentenced. The chief judge may designate any circuit judge

10  within the circuit to act in the place of the sentencing

11  judge.  Within 30 days after receipt of the commission's

12  notice, the sentencing judge, or the designee, shall send to

13  the commission notice of objection to parole release, if the

14  judge objects to such release.  If there is objection by the

15  judge, such objection may constitute good cause in exceptional

16  circumstances as described in s. 947.173, and the commission

17  may schedule a subsequent review within 2 years, extending the

18  presumptive parole release date beyond that time. However, for

19  an inmate who has been:

20         (a)  Convicted of murder or attempted murder;

21         (b)  Convicted of sexual battery or attempted sexual

22  battery; or

23         (c)  Sentenced to a 25-year minimum mandatory sentence

24  previously provided in s. 775.082,

25

26  the commission may schedule a subsequent review under this

27  subsection no less than once every 5 years, but no more often

28  than once every 30 months, extending the presumptive parole

29  release date beyond that time if the commission finds that it

30  is not reasonable to expect that parole would be granted at a

31  review during the following years and states the bases for the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1449

    180-424A-00






  1  finding in writing. For any inmate who is within 7 years of

  2  his or her release date, the commission may schedule an

  3  additional a subsequent review prior to the 5 year schedule.

  4  With any such additional subsequent review the same procedure

  5  outlined above will be followed.  If the judge remains silent

  6  with respect to parole release, the commission may authorize

  7  an effective parole release date.  This subsection applies if

  8  the commission desires to consider the establishment of an

  9  effective release date without delivery of the effective

10  parole release date interview.  Notice of the effective

11  release date must be sent to the sentencing judge, and either

12  the judge's response to the notice must be received or the

13  time period allowed for such response must elapse before the

14  commission may authorize an effective release date.

15         Section 4.  This act shall take effect upon becoming a

16  law.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Specifies minimum frequencies for inmate interviews,
21    reinterviews, and reviews for parole by the Parole
      Commission.
22

23

24

25

26

27

28

29

30

31

                                  5