Senate Bill sb0698

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    Florida Senate - 2004                                   SB 698

    By Senator Smith





    14-751-04

  1                      A bill to be entitled

  2         An act relating to the Parole Commission;

  3         amending s. 947.06;, F.S. requiring that, prior

  4         to a meeting of the Parole Commission, the

  5         victim of the crime be given documents and

  6         evidence relating to the granting, denying, or

  7         revoking of the inmate's parole; amending s.

  8         947.16, F.S.; requiring that an inmate

  9         convicted of kidnapping whose parole release

10         order has been vacated by the court be

11         reinterviewed at 5-year intervals following the

12         vacated release order; amending s. 947.174,

13         F.S.; requiring that an inmate convicted of

14         kidnapping whose presumptive parole release

15         date is more than 5 years after the initial

16         interview be reinterviewed thereafter at 5-year

17         intervals; providing an effective date.

18  

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

20  

21         Section 1.  Section 947.06, Florida Statutes, is

22  amended to read:

23         947.06  Meeting; when commission may act.--The

24  commission shall meet at regularly scheduled intervals and

25  from time to time as may otherwise be determined by the chair.

26  The making of recommendations to the Governor and Cabinet in

27  matters relating to modifications of acts and decisions of the

28  chair as provided in s. 947.04(1) shall be by a majority vote

29  of the commission.  No prisoner shall be placed on parole

30  except as provided in ss. 947.172 and 947.174 by a panel of no

31  fewer than two commissioners appointed by the chair.  All

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    Florida Senate - 2004                                   SB 698
    14-751-04




 1  matters relating to the granting, denying, or revoking of

 2  parole shall be decided in a meeting at which the public shall

 3  have the right to be present. Prior to the meeting, each

 4  victim of the crime committed by the inmate, or the victim's

 5  next of kin, shall be presented with a copy of all documents,

 6  findings, and evidence relating to the granting, denying, or

 7  revoking of parole. Victims of the crime committed by the

 8  inmate shall be permitted to make an oral statement or submit

 9  a written statement regarding their views as to the granting,

10  denying, or revoking of parole.  Persons not members or

11  employees of the commission or victims of the crime committed

12  by the inmate may be permitted to participate in deliberations

13  concerning the granting and revoking of paroles only upon the

14  prior written approval of the chair of the commission.  To

15  facilitate the ability of victims and other persons to attend

16  commission meetings, the commission shall meet in various

17  counties including, but not limited to, Broward, Dade, Duval,

18  Escambia, Hillsborough, Leon, Orange, and Palm Beach, with the

19  location chosen being as close as possible to the location

20  where the parole-eligible inmate committed the offense for

21  which the parole-eligible inmate was sentenced.  The

22  commission shall adopt rules governing the oral participation

23  of victims and the submission of written statements by

24  victims.

25         Section 2.  Paragraph (g) of subsection (4) of section

26  947.16, Florida Statutes, is amended to read:

27         947.16  Eligibility for parole; initial parole

28  interviews; powers and duties of commission.--

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

30  parole interview and who may, according to the objective

31  parole guidelines of the commission, be granted parole shall

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    Florida Senate - 2004                                   SB 698
    14-751-04




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

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

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

 4  conveyance in which a human being is present, aggravated

 5  assault, aggravated battery, kidnapping, sexual battery or

 6  attempted sexual battery, incest or attempted incest, an

 7  unnatural and lascivious act or an attempted unnatural and

 8  lascivious act, lewd and lascivious behavior, assault or

 9  aggravated assault when a sexual act is completed or

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

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

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

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

14  order retaining jurisdiction over the offender for review of a

15  commission release order.  This jurisdiction of the trial

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

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

18  felonies and concurrent sentences are imposed, then the

19  jurisdiction of the trial court judge as provided herein

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

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

22  any person is convicted of two or more felonies and

23  consecutive sentences are imposed, then the jurisdiction of

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

25  of the total consecutive sentences imposed.

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

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

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

29  not appealable.  Each inmate whose parole release order has

30  been vacated by the court shall be reinterviewed within 2

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

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    Florida Senate - 2004                                   SB 698
    14-751-04




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

 2  retaining jurisdiction. However, each inmate whose parole

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

 4         1.  Convicted of murder or attempted murder;

 5         2.  Convicted of sexual battery or attempted sexual

 6  battery; or

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

 8  previously provided in s. 775.082; or,

 9         4.  Convicted of kidnapping,

10  

11  shall be reinterviewed once within 5 years after the date of

12  receipt of the vacated release order and once every 5 years

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

14  to expect that parole would be granted during the following

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

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

17  release date, the commission may establish a reinterview date

18  prior to the 5-year schedule.

19         Section 3.  Paragraph (b) of subsection (1) of section

20  947.174, Florida Statutes, is amended to read:

21         947.174  Subsequent interviews.--

22         (1)

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

24  murder, sexual battery, attempted sexual battery, or

25  kidnapping, or who has been sentenced to a 25-year minimum

26  mandatory sentence previously provided in s. 775.082, and

27  whose presumptive parole release date is more than 5 years

28  after the date of the initial interview, a hearing examiner

29  shall schedule an interview for review of the presumptive

30  parole release date.  Such interview shall take place once

31  within 5 years after the initial interview and once every 5

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    Florida Senate - 2004                                   SB 698
    14-751-04




 1  years thereafter if the commission finds that it is not

 2  reasonable to expect that parole will be granted at a hearing

 3  during the following years and states the bases for the

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

 5  his or her tentative release date, the commission may

 6  establish an interview date prior to the 5-year schedule.

 7         Section 4.  This act shall take effect July 1, 2004.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Provides that, prior to a meeting of the Parole
      Commission, victims of the crime, or the next of kin, be
12    given documents and evidence relating to the granting,
      denying, or revoking of parole. Provides that an inmate
13    whose parole release order has been vacated by the court
      and who has been convicted of kidnapping be reinterviewed
14    at 5-year intervals rather than 2-year intervals after
      the date of receipt of the vacated release order.
15    Provides that an inmate convicted of kidnapping whose
      presumptive parole release date is 5 years after the date
16    of the initial interview be interviewed for review of the
      presumptive parole release date at 5-year intervals
17    rather than 2-year intervals.

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