Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 540
                        Barcode 072726
                            CHAMBER ACTION
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11  The Committee on Criminal Justice (Smith) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 5, between lines 6 and 7,
16  
17  insert:  
18         Section 4.  Subsection (6) of section 947.1745, Florida
19  Statutes, is amended to read:
20         947.1745  Establishment of effective parole release
21  date.--If the inmate's institutional conduct has been
22  satisfactory, the presumptive parole release date shall become
23  the effective parole release date as follows:
24         (6)  Within 90 days before the effective parole release
25  date interview, the commission shall send written notice to
26  the sentencing judge of any inmate who has been scheduled for
27  an effective parole release date interview.  If the sentencing
28  judge is no longer serving, the notice must be sent to the
29  chief judge of the circuit in which the offender was
30  sentenced. The chief judge may designate any circuit judge
31  within the circuit to act in the place of the sentencing
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    8:27 AM   02/22/05                              s0540.cj14.00b

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 540 Barcode 072726 1 judge. Within 30 days after receipt of the commission's 2 notice, the sentencing judge, or the designee, shall send to 3 the commission notice of objection to parole release, if the 4 judge objects to such release. If there is objection by the 5 judge, such objection may constitute good cause in exceptional 6 circumstances as described in s. 947.173, and the commission 7 may schedule a subsequent review within 2 years, extending the 8 presumptive parole release date beyond that time. However, for 9 an inmate who has been: 10 (a) Convicted of murder or attempted murder; 11 (b) Convicted of sexual battery or attempted sexual 12 battery; or 13 (c) Sentenced to a 25-year minimum mandatory sentence 14 previously provided in s. 775.082, 15 (d) Convicted of kidnapping, 16 17 the commission may schedule a subsequent review under this 18 subsection once every 5 years, extending the presumptive 19 parole release date beyond that time if the commission finds 20 that it is not reasonable to expect that parole would be 21 granted at a review during the following years and states the 22 bases for the finding in writing. For any inmate who is within 23 7 years of his or her release date, the commission may 24 schedule a subsequent review prior to the 5 year schedule. 25 With any subsequent review the same procedure outlined above 26 will be followed. If the judge remains silent with respect to 27 parole release, the commission may authorize an effective 28 parole release date. This subsection applies if the 29 commission desires to consider the establishment of an 30 effective release date without delivery of the effective 31 parole release date interview. Notice of the effective 2 8:27 AM 02/22/05 s0540.cj14.00b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 540 Barcode 072726 1 release date must be sent to the sentencing judge, and either 2 the judge's response to the notice must be received or the 3 time period allowed for such response must elapse before the 4 commission may authorize an effective release date. 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 17, after the semicolon 12 13 insert: 14 amending s. 947.1745, F.S.; permitting an 15 inmate convicted of kidnapping to be scheduled 16 for an effective parole release date interview 17 at 5-year intervals; 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 8:27 AM 02/22/05 s0540.cj14.00b