Senate Bill sb2046c1

    Florida Senate - 2003                           CS for SB 2046

    By the Committee on Appropriations; and Senators Smith and
    Argenziano




    309-2436-03

  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 or a court of another state;

  7         removing provisions providing for notification

  8         to another jurisdiction in the event of a

  9         coterminous sentence; providing an effective

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






    Florida Senate - 2003                           CS for SB 2046
    309-2436-03




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






    Florida Senate - 2003                           CS for SB 2046
    309-2436-03




 1  state or imposed by a court of another state. In the event the

 2  court directs the Florida sentence to be coterminous as well

 3  as concurrent with a sentence in another jurisdiction, the

 4  department shall notify the other jurisdiction of the

 5  department's interest in the offender until the offender has

 6  satisfied the commitment in the other jurisdiction, or the

 7  Florida sentence has expired, whichever occurs first. This

 8  interest does not prevent or interfere with any program

 9  participation approved by the other jurisdiction, nor does it

10  prohibit parole or any similar release granted by the other

11  jurisdiction.  If the offender is paroled by the other

12  jurisdiction, or the sentence is otherwise interrupted prior

13  to satisfaction, the department shall maintain an interest

14  until supervision is terminated or the sentence has been

15  satisfied.

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

17  and shall apply to offenses committed on or after that date.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 2046

21                                 

22  The Committee Substitute removes a reference to federal courts
    in coterminous sentencing.
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CODING: Words stricken are deletions; words underlined are additions.