Senate Bill sb2046

    Florida Senate - 2003                                  SB 2046

    By Senator Smith





    14-1099-03

  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         921.16, F.S.; prohibiting a court from

  4         directing that a sentence be served

  5         coterminously with a sentence imposed by

  6         another court, a court of another state, or a

  7         federal court; removing provisions providing

  8         for notification to another jurisdiction in the

  9         event of a coterminous sentence; providing an

10         effective date.

11  

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

13  

14         Section 1.  Section 921.16, Florida Statutes, is

15  amended to read:

16         921.16  When sentences to be concurrent and when

17  consecutive.--

18         (1)  A defendant convicted of two or more offenses

19  charged in the same indictment, information, or affidavit or

20  in consolidated indictments, informations, or affidavits shall

21  serve the sentences of imprisonment concurrently unless the

22  court directs that two or more of the sentences be served

23  consecutively.  Sentences of imprisonment for offenses not

24  charged in the same indictment, information, or affidavit

25  shall be served consecutively unless the court directs that

26  two or more of the sentences be served concurrently. Any

27  sentence for sexual battery as defined in chapter 794 or

28  murder as defined in s. 782.04 must be imposed consecutively

29  to any other sentence for sexual battery or murder which arose

30  out of a separate criminal episode or transaction.

31  

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    Florida Senate - 2003                                  SB 2046
    14-1099-03




 1         (2)  A county court or circuit court of this state may

 2  direct that the sentence imposed by such court be served

 3  concurrently with a sentence imposed by a court of another

 4  state or of the United States or, for purposes of this

 5  section, concurrently with a sentence to be imposed in another

 6  jurisdiction.  In such case, the Department of Corrections may

 7  designate the correctional institution of the other

 8  jurisdiction as the place for reception and confinement of

 9  such person and may also designate the place in Florida for

10  reception and confinement of such person in the event that

11  confinement in the other jurisdiction terminates before the

12  expiration of the Florida sentence. The sheriff shall forward

13  commitment papers and other documents specified in s. 944.17

14  to the department. Upon imposing such a sentence, the court

15  shall notify the Parole Commission as to the jurisdiction in

16  which the sentence is to be served.  Any prisoner so released

17  to another jurisdiction shall be eligible for consideration

18  for parole by the Parole Commission pursuant to the provisions

19  of chapter 947, except that the commission shall determine the

20  presumptive parole release date and the effective parole

21  release date by requesting such person's file from the

22  receiving jurisdiction. Upon receiving such records, the

23  commission shall determine these release dates based on the

24  relevant information in that file and shall give credit toward

25  reduction of the Florida sentence for gain-time granted by the

26  jurisdiction where the inmate is serving the sentence.  The

27  Parole Commission may concur with the parole release decision

28  of the jurisdiction granting parole and accepting supervision.

29         (3)  A county court or circuit court of this state may

30  not direct that the sentence imposed by such court be served

31  coterminously with a sentence imposed by another court of this

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    Florida Senate - 2003                                  SB 2046
    14-1099-03




 1  state or imposed by a court of another state or the United

 2  States. In the event the court directs the Florida sentence to

 3  be coterminous as well as concurrent with a sentence in

 4  another jurisdiction, the department shall notify the other

 5  jurisdiction of the department's interest in the offender

 6  until the offender has satisfied the commitment in the other

 7  jurisdiction, or the Florida sentence has expired, whichever

 8  occurs first. This interest does not prevent or interfere with

 9  any program participation approved by the other jurisdiction,

10  nor does it prohibit parole or any similar release granted by

11  the other jurisdiction.  If the offender is paroled by the

12  other jurisdiction, or the sentence is otherwise interrupted

13  prior to satisfaction, the department shall maintain an

14  interest until supervision is terminated or the sentence has

15  been satisfied.

16         Section 2.  This act shall take effect October 1, 2003.

17  

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19                          SENATE SUMMARY

20    Prohibits a court from directing that a sentence be
      served coterminously with a sentence imposed by another
21    court, a court of another state, or a federal court.

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