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A bill to be entitled

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An act relating to parole for adolescent offenders;

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amending s. 947.16, F.S.; providing that an adolescent

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younger than a specified age who is sentenced to life or

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more than 10 years in prison is eligible for parole if he

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or she has been incarcerated for a minimum period and has

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not been previously adjudicated for certain offenses;

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requiring the adolescent to be incarcerated in a youthful-

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offender facility; providing for review of the

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adolescent's eligibility for parole by the Parole

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Commission; requiring the commission to conduct an initial

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interview within a minimum time; requiring that, if the

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adolescent is not granted parole by a specified age, he or

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she be transferred from the youthful-offender facility to

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an appropriate adult facility; specifying criteria for the

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hearing officer to consider in determining whether an

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adolescent offender has been rehabilitated; providing for

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retroactive application; providing an effective date.

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

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     Section 1.  Section 947.16, Florida Statutes, is amended to

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read:

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     947.16  Eligibility for parole; initial parole interviews;

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powers and duties of commission.--

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     (1) Every inmate or adolescent offender person who has been

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convicted of a felony or who has been convicted of one or more

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misdemeanors and whose sentence or cumulative sentences total 12

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months or more, who is confined in execution of the judgment of

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the court, and whose record during confinement or while under

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supervision is good, shall, unless otherwise provided by law, be

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eligible for interview for parole consideration of her or his

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cumulative sentence structure as follows:

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     (a)  An inmate who has been sentenced for an indeterminate

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term or a term of 3 years or less shall have an initial interview

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conducted by a hearing examiner within 8 months after the initial

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date of confinement in execution of the judgment.

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     (b)  An inmate who has been sentenced for a minimum term in

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excess of 3 years but of less than 6 years shall have an initial

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interview conducted by a hearing examiner within 14 months after

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the initial date of confinement in execution of the judgment.

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     (c)  An inmate who has been sentenced for a minimum term of

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6 or more years but other than for a life term shall have an

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initial interview conducted by a hearing examiner within 24

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months after the initial date of confinement in execution of the

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judgment.

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     (d)  An inmate who has been sentenced for a term of life

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shall have an initial interview conducted by a hearing examiner

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within 5 years after the initial date of confinement in execution

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of the judgment.

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     (e)  An inmate who has been convicted and sentenced under

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ss. 958.011-958.15, or any other inmate who has been determined

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by the department to be a youthful offender, shall be interviewed

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by a parole examiner within 8 months after the initial date of

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confinement in execution of the judgment.

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          (f)1. An adolescent offender who was 15 years of age or

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younger at the time the criminal act was committed, was sentenced

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to life or to a single or cumulative term of imprisonment of 10

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years or more, and has served 8 years of the sentence, may be

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eligible for parole. An adolescent offender is disqualified from

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eligibility for parole under this section if he or she plead nolo

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contendere to or was convicted, prior to the current offense, of

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a violation of:

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     a. Section 782.04, relating to murder;

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     b. Section 782.051, relating to attempted felony murder;

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     c. Section 784.011, relating to assault;

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     d. Section 784.021, relating to aggravated assault;

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     e. Section 784.03, relating to battery;

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     f. Section 784.041, relating to felony battery or domestic

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battery by strangulation;

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     g. Section 784.045, relating to aggravated battery;

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     h. Section 784.048, relating to stalking;

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     i. Section 784.07, relating to assault or battery upon a

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law enforcement officer, fire fighter, or emergency medical

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services personnel;

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     j. Section 784.08, relating to assault or battery of an

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elderly person;

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     k. Section 784.083, relating to assault or battery on code

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inspectors;

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     l. Section 787.01, relating to kidnapping;

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     m. Section 787.02, relating to false imprisonment;

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     n. Section 790.07, relating to possession of a weapon or

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firearm during the commission of a felony;

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     o. Section 790.1615, relating to unlawful throwing,

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projecting, placing, or discharging of a destructive device or

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bomb;

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     p. Section 794.011, relating to sexual battery;

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     q. Section 806.01, relating to arson;

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     r. Section 806.111, relating to fire bombs;

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     s. Section 810.02, relating to burglary;

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     t. Section 812.014, relating to theft;

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     u. Section 812.13, relating to robbery;

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     v. Section 812.131, relating to robbery by sudden

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snatching;

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     w. Section 812.133, relating to carjacking;

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     x. Section 812.135, relating to home-invasion robbery;

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     y. Section 812.12, relating to trespass and larceny with

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relation to utility fixtures;

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     z. Section 827.03, relating to abuse, aggravated abuse, and

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neglect of a child; or

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     aa. Section 828.12, relating to cruelty to animals.

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     2. As used in this section, the term "adolescent offender"

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means a minor who committed his or her current offense when he or

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she was 18 years of age or younger.

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     (2) Except as otherwise provided in chapter 958, an

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adolescent offender must serve his or her sentence in a facility

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designated for youthful offenders. If an adolescent offender has

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not been granted parole by the time he or she reaches 25 years of

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age, the adolescent offender must be transferred from the

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youthful offender facility to an appropriate adult facility.

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     (3)(2) The following special types of cases shall have

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their initial parole interview as follows:

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     (a)  An initial interview may be postponed for a period not

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to exceed 90 days. Such postponement shall be for good cause,

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which shall include, but need not be limited to, the need for the

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department to obtain a presentence or postsentence investigation

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report or a probation or parole or mandatory conditional release

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violation report. The reason for postponement shall be noted in

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writing and included in the official record. No postponement for

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good cause shall result in an initial interview being conducted

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later than 90 days after the inmate's initially scheduled initial

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interview.

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     (b)  An initial interview may be deferred for any inmate who

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is out to court. Such deferral shall not result in an initial

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interview being conducted later than 90 days after the department

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provides written notice to the commission that the inmate has

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been returned from court.

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     (c)  An initial interview may be deferred for any inmate

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confined in any appropriate treatment facility within the state,

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public or private, by virtue of transfer from the department

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under any applicable law. Such deferral shall not result in an

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initial interview being conducted later than 90 days after the

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department provides written notice to the commission that the

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inmate has been returned to the department.

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     (d)  An inmate designated a mentally disordered sex offender

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shall have an initial interview conducted within 90 days of

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receiving written notification by the department to the

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commission of the need for such interview and that the inmate's

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file contains all investigative reports deemed necessary by the

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commission to conduct such interview.

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     (e)  Any inmate who has been determined to be an

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incapacitated person pursuant to s. 744.331 shall have an initial

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interview conducted within 90 days after the date the commission

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is provided with written notice that the inmate has been restored

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to capacity by the court.

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     (f)  An initial interview may be held at the discretion of

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the commission after the entry of a commission order to revoke

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parole or mandatory conditional release.

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     (g)  For purposes of determining eligibility for parole

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interview and release, the mandatory minimum portion of a

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concurrent sentence will begin on the date the sentence begins to

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run as provided in s. 921.161. The mandatory minimum portions of

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consecutive sentences shall be served at the beginning of the

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maximum sentence as established by the Department of Corrections.

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Each mandatory minimum portion of consecutive sentences shall be

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served consecutively; provided, that in no case shall a sentence

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begin to run before the date of imposition. The commission shall

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conduct an initial interview for an inmate serving a mandatory

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minimum sentence according to the following schedule:

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     1.  An inmate serving a mandatory term of 7 years or less

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shall have an initial interview no sooner than 6 months before

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prior to the expiration of the mandatory minimum portion of the

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sentence.

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     2.  An inmate serving a mandatory term in excess of 7 years

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but of less than 15 years shall have an initial interview no

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sooner than 12 months before prior to the expiration of the

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mandatory minimum portion of the sentence.

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     3.  An inmate serving a mandatory term of 15 years or more

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shall have an initial interview no sooner than 18 months before

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prior to the expiration of the mandatory minimum portion of the

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sentence.

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     (h)  If an inmate is serving a sentence imposed by a county

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or circuit court of this state concurrently with a sentence

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imposed by a court of another state or of the United States, and

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if the department has designated the correctional institution of

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the other jurisdiction as the place for reception and confinement

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of such person, the inmate so released to another jurisdiction

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shall be eligible for consideration for parole, except that the

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commission shall determine the presumptive parole release date

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and the effective parole release date by requesting such person's

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record file from the receiving jurisdiction. Upon receiving such

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records, the commission panel assigned by the chair shall

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determine such release dates based on the relevant information in

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that file. The commission may concur with the parole release

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decision of the jurisdiction granting parole and accepting

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supervision. The provisions of s. 947.174 do not apply to an

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inmate serving a concurrent sentence in another jurisdiction

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pursuant to s. 921.16(2).

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     (4)(3) Notwithstanding the provisions of ss. 775.021 and

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921.16, if an inmate has received a consecutive sentence or

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sentences imposed by a court or courts of this state, the inmate

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shall be eligible for consideration for parole, unless otherwise

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expressly prohibited by law.

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     (5)(4) An inmate A person who has become eligible for an

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initial parole interview and who may, according to the objective

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parole guidelines of the commission, be granted parole shall be

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placed on parole in accordance with the provisions of this law;

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except that, in any case of an inmate A person convicted of

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murder, robbery, burglary of a dwelling or burglary of a

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structure or conveyance in which a human being is present,

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aggravated assault, aggravated battery, kidnapping, sexual

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battery or attempted sexual battery, incest or attempted incest,

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an unnatural and lascivious act or an attempted unnatural and

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lascivious act, lewd and lascivious behavior, assault or

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aggravated assault when a sexual act is completed or attempted,

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battery or aggravated battery when a sexual act is completed or

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attempted, arson, or any felony involving the use of a firearm or

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other deadly weapon or the use of intentional violence, at the

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time of sentencing the judge may enter an order retaining

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jurisdiction over the offender for review of a commission release

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order. This jurisdiction of the trial court judge is limited to

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the first one-third of the maximum sentence imposed. When any

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person is convicted of two or more felonies and concurrent

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sentences are imposed, then the jurisdiction of the trial court

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judge as provided herein applies to the first one-third of the

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maximum sentence imposed for the highest felony of which the

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person was convicted. When any person is convicted of two or more

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felonies and consecutive sentences are imposed, then the

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jurisdiction of the trial court judge as provided herein applies

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to one-third of the total consecutive sentences imposed.

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     (a)  In retaining jurisdiction for the purposes of this act,

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the trial court judge shall state the justification with

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individual particularity, and such justification shall be made a

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part of the court record. A copy of such justification shall be

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delivered to the department together with the commitment issued

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by the court pursuant to s. 944.16.

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     (b)  Gain-time as provided for by law shall accrue, except

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that an offender over whom the trial court has retained

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jurisdiction as provided herein shall not be released during the

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first one-third of her or his sentence by reason of gain-time.

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     (c)  In such a case of retained jurisdiction, the

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commission, within 30 days after the entry of its release order,

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shall send notice of its release order to the original sentencing

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judge and to the appropriate state attorney. The release order

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shall be made contingent upon entry of an order by the

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appropriate circuit judge relinquishing jurisdiction as provided

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for in paragraphs (d) and (f). If the original sentencing judge

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is no longer in service, such notice shall be sent to the chief

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judge of the circuit in which the offender was sentenced. The

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chief judge may designate any circuit judge within the circuit to

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act in the place of the original sentencing judge. Such notice

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shall stay the time requirements of s. 947.1745.

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     (d)  Within 10 days after receipt of the notice provided for

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in paragraph (c), the original sentencing judge or her or his

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replacement shall notify the commission as to whether or not the

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court further desires to retain jurisdiction. If the original

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sentencing judge or her or his replacement does not so notify the

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commission within the 10-day period or notifies the commission

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that the court does not desire to retain jurisdiction, then the

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commission may dispose of the matter as it sees fit.

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     (e)  Upon receipt of notice of intent to retain jurisdiction

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from the original sentencing judge or her or his replacement, the

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commission shall, within 10 days, forward to the court its

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release order, the findings of fact, the parole hearing

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examiner's report and recommendation, and all supporting

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information upon which its release order was based.

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     (f)  Within 30 days of receipt of the items listed in

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paragraph (e), the original sentencing judge or her or his

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replacement shall review the order, findings, and evidence; and,

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if the judge finds that the order of the commission is not based

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on competent substantial evidence or that the parole is not in

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the best interest of the community or the inmate, the court may

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vacate the release order. The judge or her or his replacement

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shall notify the commission of the decision of the court, and, if

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the release order is vacated, such notification shall contain the

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evidence relied on and the reasons for denial. A copy of such

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notice shall be sent to the inmate.

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

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her or his absence, the chief judge of the circuit to vacate any

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parole release order as provided in this section is not

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appealable. Each inmate whose parole release order has been

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vacated by the court shall be reinterviewed within 2 years after

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the date of receipt of the vacated release order and every 2

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years thereafter, or earlier by order of the court retaining

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jurisdiction. However, each inmate whose parole release order has

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been vacated by the court and who has been:

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     1.  Convicted of murder or attempted murder;

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     2.  Convicted of sexual battery or attempted sexual battery;

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or

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     3.  Sentenced to a 25-year minimum mandatory sentence

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previously provided in s. 775.082,

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shall be reinterviewed once within 5 years after the date of

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receipt of the vacated release order and once every 5 years

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

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expect that parole would be granted during the following years

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and states the bases for the finding in writing. For any inmate

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who is within 7 years of his or her tentative release date, the

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commission may establish a reinterview date prior to the 5-year

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schedule.

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     (h)  An inmate whose parole release order has been vacated

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by the court may not be given a presumptive parole release date

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during the period of retention of jurisdiction by the court.

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During such period, a new effective parole release date may be

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authorized at the discretion of the commission without further

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interview unless an interview is requested by no fewer than two

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commissioners. Any such new effective parole release date must be

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reviewed in accordance with the provisions of paragraphs (c),

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(d), (e), (f), and (g).

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     (6)(5) Within 90 days after any interview for parole, the

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inmate shall be advised of the presumptive parole release date.

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Subsequent to the establishment of the presumptive parole release

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date, the commission may, at its discretion, review the official

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record or conduct additional interviews with the inmate. However,

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the presumptive parole release date may not be changed except for

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reasons of institutional conduct or the acquisition of new

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information not available at the time of the initial interview.

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     (7)(6) This section as amended by chapter 82-171, Laws of

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Florida, shall apply only to those persons convicted on or after

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the effective date of chapter 82-171; and this section as in

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effect before being amended by chapter 82-171 shall apply to any

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person convicted before the effective date of chapter 82-171.

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     (8) For an adolescent offender, the primary purpose of the

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initial eligibility interview is to determine whether the

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adolescent offender has been sufficiently rehabilitated while in

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the custody of the department to justify granting parole. In

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order to determine if the adolescent offender has been

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rehabilitated, the hearing examiner must consider whether:

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     (a) The adolescent offender was a principal to the criminal

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act or an accomplice to the offense, a relatively minor

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participant in the criminal conduct, or acted under extreme

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duress or domination by another person;

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     (b) The offense was an isolated incident for which the

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adolescent offender has shown remorse;

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     (c) The adolescent offender's age, maturity, and

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psychological development at the time of offense affected his or

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her behavior;

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     (d) The adolescent offender, while in the custody of the

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department, has aided inmates suffering from catastrophic or

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terminal medical, mental, or physical conditions or has prevented

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risk or injury to staff, members of the public, or other inmates;

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     (e) The adolescent offender has successfully completed

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educational and self-rehabilitation programs;

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     (f) The adolescent offender has received no disciplinary

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reports for a period of at least 2 years;

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     (g) The adolescent offender was a victim of sexual,

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physical, or emotional abuse; and

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     (h) The victim, or the victim's next of kin, has expressed

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his or her opinion and this opinion has been taken into

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consideration.

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     Section 2.  This act shall take effect upon becoming a law

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and shall apply retroactively to crimes committed before that

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date.