SENATE AMENDMENT
    Bill No. CS for SB 218
    Amendment No. ___   Barcode 852146
                            CHAMBER ACTION
              Senate                               House
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       04/21/2004 02:29 PM         .                    
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11  Senator Smith moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 40, between lines 27 and 28,
15  
16  insert:  
17         Section 17.  Section 947.06, Florida Statutes, is
18  amended to read:
19         947.06  Meeting; when commission may act.--The
20  commission shall meet at regularly scheduled intervals and
21  from time to time as may otherwise be determined by the chair.
22  The making of recommendations to the Governor and Cabinet in
23  matters relating to modifications of acts and decisions of the
24  chair as provided in s. 947.04(1) shall be by a majority vote
25  of the commission.  No prisoner shall be placed on parole
26  except as provided in ss. 947.172 and 947.174 by a panel of no
27  fewer than two commissioners appointed by the chair.  All
28  matters relating to the granting, denying, or revoking of
29  parole shall be decided in a meeting at which the public shall
30  have the right to be present. Prior to the meeting, each
31  victim of the crime committed by the inmate, or the victim's
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    5:05 PM   04/20/04                              s0218c1c-14t01

SENATE AMENDMENT Bill No. CS for SB 218 Amendment No. ___ Barcode 852146 1 next of kin, shall be presented with a copy of all documents, 2 findings, and evidence relating to the granting, denying, or 3 revoking of parole. Victims of the crime committed by the 4 inmate shall be permitted to make an oral statement or submit 5 a written statement regarding their views as to the granting, 6 denying, or revoking of parole. Persons not members or 7 employees of the commission or victims of the crime committed 8 by the inmate may be permitted to participate in deliberations 9 concerning the granting and revoking of paroles only upon the 10 prior written approval of the chair of the commission. To 11 facilitate the ability of victims and other persons to attend 12 commission meetings, the commission shall meet in various 13 counties including, but not limited to, Broward, Dade, Duval, 14 Escambia, Hillsborough, Leon, Orange, and Palm Beach, with the 15 location chosen being as close as possible to the location 16 where the parole-eligible inmate committed the offense for 17 which the parole-eligible inmate was sentenced. The 18 commission shall adopt rules governing the oral participation 19 of victims and the submission of written statements by 20 victims. 21 Section 18. Paragraph (g) of subsection (4) of section 22 947.16, Florida Statutes, is amended to read: 23 947.16 Eligibility for parole; initial parole 24 interviews; powers and duties of commission.-- 25 (4) A person who has become eligible for an initial 26 parole interview and who may, according to the objective 27 parole guidelines of the commission, be granted parole shall 28 be placed on parole in accordance with the provisions of this 29 law; except that, in any case of a person convicted of murder, 30 robbery, burglary of a dwelling or burglary of a structure or 31 conveyance in which a human being is present, aggravated 2 5:05 PM 04/20/04 s0218c1c-14t01
SENATE AMENDMENT Bill No. CS for SB 218 Amendment No. ___ Barcode 852146 1 assault, aggravated battery, kidnapping, sexual battery or 2 attempted sexual battery, incest or attempted incest, an 3 unnatural and lascivious act or an attempted unnatural and 4 lascivious act, lewd and lascivious behavior, assault or 5 aggravated assault when a sexual act is completed or 6 attempted, battery or aggravated battery when a sexual act is 7 completed or attempted, arson, or any felony involving the use 8 of a firearm or other deadly weapon or the use of intentional 9 violence, at the time of sentencing the judge may enter an 10 order retaining jurisdiction over the offender for review of a 11 commission release order. This jurisdiction of the trial 12 court judge is limited to the first one-third of the maximum 13 sentence imposed. When any person is convicted of two or more 14 felonies and concurrent sentences are imposed, then the 15 jurisdiction of the trial court judge as provided herein 16 applies to the first one-third of the maximum sentence imposed 17 for the highest felony of which the person was convicted. When 18 any person is convicted of two or more felonies and 19 consecutive sentences are imposed, then the jurisdiction of 20 the trial court judge as provided herein applies to one-third 21 of the total consecutive sentences imposed. 22 (g) The decision of the original sentencing judge or, 23 in her or his absence, the chief judge of the circuit to 24 vacate any parole release order as provided in this section is 25 not appealable. Each inmate whose parole release order has 26 been vacated by the court shall be reinterviewed within 2 27 years after the date of receipt of the vacated release order 28 and every 2 years thereafter, or earlier by order of the court 29 retaining jurisdiction. However, each inmate whose parole 30 release order has been vacated by the court and who has been: 31 1. Convicted of murder or attempted murder; 3 5:05 PM 04/20/04 s0218c1c-14t01
SENATE AMENDMENT Bill No. CS for SB 218 Amendment No. ___ Barcode 852146 1 2. Convicted of sexual battery or attempted sexual 2 battery; or 3 3. Sentenced to a 25-year minimum mandatory sentence 4 previously provided in s. 775.082; or, 5 4. Convicted of kidnapping, 6 7 shall be reinterviewed once within 5 years after the date of 8 receipt of the vacated release order and once every 5 years 9 thereafter, if the commission finds that it is not reasonable 10 to expect that parole would be granted during the following 11 years and states the bases for the finding in writing. For 12 any inmate who is within 7 years of his or her tentative 13 release date, the commission may establish a reinterview date 14 prior to the 5-year schedule. 15 Section 19. Paragraph (b) of subsection (1) of section 16 947.174, Florida Statutes, is amended to read: 17 947.174 Subsequent interviews.-- 18 (1) 19 (b) For any inmate convicted of murder, attempted 20 murder, sexual battery, attempted sexual battery, or 21 kidnapping, or who has been sentenced to a 25-year minimum 22 mandatory sentence previously provided in s. 775.082, and 23 whose presumptive parole release date is more than 5 years 24 after the date of the initial interview, a hearing examiner 25 shall schedule an interview for review of the presumptive 26 parole release date. Such interview shall take place once 27 within 5 years after the initial interview and once every 5 28 years thereafter if the commission finds that it is not 29 reasonable to expect that parole will be granted at a hearing 30 during the following years and states the bases for the 31 finding in writing. For any inmate who is within 7 years of 4 5:05 PM 04/20/04 s0218c1c-14t01
SENATE AMENDMENT Bill No. CS for SB 218 Amendment No. ___ Barcode 852146 1 his or her tentative release date, the commission may 2 establish an interview date prior to the 5-year schedule. 3 4 (Redesignate subsequent sections.) 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 2, line 3, following the semicolon 10 11 insert: 12 amending s. 947.06;, F.S. requiring that, prior 13 to a meeting of the Parole Commission, the 14 victim of the crime be given documents and 15 evidence relating to the granting, denying, or 16 revoking of the inmate's parole; amending s. 17 947.16, F.S.; requiring that an inmate 18 convicted of kidnapping whose parole release 19 order has been vacated by the court be 20 reinterviewed at 5-year intervals following the 21 vacated release order; amending s. 947.174, 22 F.S.; requiring that an inmate convicted of 23 kidnapping whose presumptive parole release 24 date is more than 5 years after the initial 25 interview be reinterviewed thereafter at 5-year 26 intervals; 27 28 29 30 31 5 5:05 PM 04/20/04 s0218c1c-14t01