The Florida Senate

HB 5075: Reorganization of the Parole Commission [FPCC]

GENERAL BILL by Safety & Security Council ; Needelman

Reorganization of the Parole Commission [FPCC]; Changes name to Parole Board; transfers commission to DOC for administrative purposes; conforms provisions to changes made by act; specifies legislative intent concerning nature of transfer; provides provisions that apply if court should rule that Parole Board is not continuation of Parole Commission.

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• Bill History

  Date	Chamber	Action
  3/28/2008	House	• Filed; Introduced -HJ 00355
  3/29/2008	House	• Referred to Policy & Budget Council -HJ 00366
  4/1/2008	House	• On Council agenda-- Policy & Budget Council, 04/03/08, 9:00 am, 212-K
  4/3/2008	House	• Favorable by- Policy & Budget Council; YEAS 20 NAYS 11 -HJ 00416
  4/4/2008	House	• Placed on Calendar -HJ 00416
  4/9/2008	House	• Placed on Special Order Calendar; Read 2nd time -HJ 00444; Amendment(s) adopted -HJ 00444
  4/10/2008	House	• Read 3rd time -HJ 00465; Passed as amended; YEAS 73 NAYS 42 -HJ 00466; Immediately certified -HJ 00474; Requests Senate concur or failing to concur appoint conference cmte -HJ 00474
  4/10/2008	Senate	• In Messages; Received, referred to Fiscal Policy and Calendar Committee -SJ 00530
  4/16/2008	Senate	• Withdrawn from Fiscal Policy and Calendar Committee -SJ 00535; Placed on Special Order Calendar; Read 2nd time -SJ 00566; Amendment(s) adopted (673036) -SJ 00567; Read 3rd time -SJ 00567; Passed as amended (673036); YEAS 39 NAYS 0 -SJ 00567; Requests House concur or failing to concur appoint conference cmte -SJ 00589; Conference Committee appointed: Senators Carlton, Chair; Atwater, Vice Chair; King, Geller, Webster, At Large; Criminal & Civil Justice: Crist, Chair; Joyner, Dawson, Dean, Villalobos; Education Pre-K-12: Wise, Chair; Siplin, Bullard, Constantine, Dockery, Garcia; Gen Government: Alexander, Chair; Deutch, Lawson, Aronberg, Baker, Bennett, Haridopolos, Jones; Health & Human Services: Peaden, Chair; Rich, Gaetz, Saunders, Wilson, Storms; Higher Ed: Lynn, Chair; Ring, Justice, King, Oelrich; Trans & Economic Dev: Fasano, Chair; Margolis, Diaz de la Portilla, Hill, Webster, Posey -SJ 00617; Immediately certified -SJ 00567
  4/16/2008	House	• In returning messages; Conference Committee appointed Sansom, Ambler, Bogdanoff, Bowen, Cretul, Cusack, Flores, Gelber, Hasner, Rivera, Sands, Saunders, Seiler, Simmons, Zapata, Cannon, Hukill, Aubuchon, Bucher, Evers, Fitzgerald, Glorioso, Patterson, Proctor, Reed, Scionti, Weatherford, Mayfield, Troutman, Boyd, Brandenburg, Grimsley, Kendrick, Kreegel, Precourt, Randolph, Sasso, Williams, Attkisson, Grant, Domino, Gardiner, Gibbons, Homan, Lopez-Cantera, Meadows, Schenck, Soto, Thompson, G., Bean, Gibson, H.,Ausley, Galvano, Garcia, R., Harrell, Hays, Hudson, Patronis, Roberson, Skidmore, Waldman, Reagan, Poppell, Brise, Carroll, Chestnut, Dorworth, Long, Murzin, Richardson, Richter, Robaina, -HJ 00540; Schultz, Kravitz, Ross, Adams, Gibson, A., Kelly, Llorente, Needelman, Planas, Sachs, Taylor, Thompson, N., Thurston, Pickens, Traviesa, Altman, Bendross-Mindingall, Coley, Culp, Kiar, Kriseman, Legg, McBurney, McKeel, Vana, Machek -HJ 00540
  5/2/2008	House	• Died in Conference Committee

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• HB 5075, Engrossed 1 (Current Bill Version) Posted 4/9/2008 at 11:18 PM

  Bill Text:	Web Page | PDF

  Analyses:	None

  Floor Amendments (1)

  Amendment	Sponsor	Filed	Last Floor Action	Format
  673036 - Amendment	Crist	4/10/2008 2:22 PM	Senate: Adopted 4/16/2008	Web Page PDF

  Floor Votes (2)

  Date	Chamber	Result
  4/10/2008 8:58 AM	House	73 Yeas - 42 Nays
  4/16/2008 12:07 PM	Senate	39 Yeas - 0 Nays

  Citations - Statutes (95)

  Citation	Catchline	Location in Bill Location In Bill Help
  11.905	Schedule for reviewing state agencies and advisory committees.
  20.315	Department of Corrections.
  20.32	Parole Commission.
  23.21	Definitions.
  112.011	Felons; removal of disqualifications for employment, exceptions.
  186.005	Designation of departmental planning officer.
  255.502	Definitions; ss. 255.501-255.525.
  311.12	Seaport security standards; inspections; compliance; appeals.
  322.16	License restrictions.
  394.926	Notice to victims of release of persons committed as sexually violent predators; notice to Department of Corrections and Parole Commission.
  394.927	Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Parole Commission.
  775.089	Restitution.
  775.16	Drug offenses; additional penalties.
  784.07	Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.
  784.078	Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  843.01	Resisting officer with violence to his or her person.
  843.02	Resisting officer without violence to his or her person.
  843.08	Falsely personating officer, etc.
  893.11	Suspension, revocation, and reinstatement of business and professional licenses.
  921.16	When sentences to be concurrent and when consecutive.
  921.20	Classification summary; Parole Commission.
  921.21	Progress reports to Parole Commission.
  921.22	Determination of exact period of imprisonment by Parole Commission.
  940.03	Application for executive clemency.
  940.05	Restoration of civil rights.
  941.23	Application for issuance of requisition; by whom made; contents.
  943.0311	Chief of Domestic Security; duties of the department with respect to domestic security.
  943.06	Criminal and Juvenile Justice Information Systems Council.
  943.325	Blood or other biological specimen testing for DNA analysis.
  944.012	Legislative intent.
  944.02	Definitions.
  944.024	Adult intake and evaluation.
  944.091	United States prisoners, board authorized.
  944.23	Persons authorized to visit state prisons.
  944.291	Prisoner released by reason of gain-time allowances or attainment of provisional release date.
  944.4731	Addiction-Recovery Supervision Program.
  945.091	Extension of the limits of confinement; restitution by employed inmates.
  945.10	Confidential information.
  945.25	Records.
  945.47	Discharge of inmate from mental health treatment.
  945.73	Inmate training program operation.
  947.001	Short title.
  947.002	Intent.
  947.005	Definitions.
  947.01	Parole Commission; creation; number of members.
  947.02	Parole Commission; members, appointment.
  947.021	Parole Commission; expedited appointments.
  947.03	Commissioners; tenure and removal.
  947.04	Organization of commission; officers; offices.
  947.045	Federal Grants Trust Fund.
  947.05	Seal.
  947.06	Meeting; when commission may act.
  947.07	Rules.
  947.071	Rulemaking procedures; indexing of orders.
  947.10	Business and political activity upon part of members and full-time employees of commission.
  947.11	Legal adviser.
  947.12	Members, employees, expenses.
  947.13	Powers and duties of commission.
  947.135	Mutual participation program.
  947.1405	Conditional release program.
  947.141	Violations of conditional release, control release, or conditional medical release or addiction-recovery supervision.
  947.146	Control Release Authority.
  947.149	Conditional medical release.
  947.15	Reports.
  947.16	Eligibility for parole; initial parole interviews; powers and duties of commission.
  947.165	Objective parole guidelines.
  947.168	Consideration for persons serving parole-eligible and parole-ineligible sentences.
  947.172	Establishment of presumptive parole release date.
  947.173	Review of presumptive parole release date.
  947.174	Subsequent interviews.
  947.1745	Establishment of effective parole release date.
  947.1746	Establishment of effective parole release date.
  947.1747	Community control as a special condition of parole.
  947.18	Conditions of parole.
  947.181	Victim restitution as condition of parole.
  947.185	Application for mental retardation services as condition of parole.
  947.19	Terms of parole.
  947.20	Rules of commission.
  947.21	Violations of parole.
  947.22	Authority to arrest parole violators with or without warrant.
  947.23	Action of commission upon arrest of parolee.
  947.24	Discharge from parole supervision or release supervision.
  947.26	Cooperation of custodian of prisoner; right of access.
  948.06	Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.
  948.09	Payment for cost of supervision and rehabilitation.
  948.10	Community control programs.
  949.05	Constitutionality.
  951.29	Procedure for requesting restoration of civil rights of county prisoners convicted of felonies.
  957.06	Powers and duties not delegable to contractor.
  958.045	Youthful offender basic training program.
  958.15	Mutual participation agreements.
  960.001	Guidelines for fair treatment of victims and witnesses in the criminal justice and juvenile justice systems.
  960.17	Award constitutes debt owed to state.
  985.04	Oaths; records; confidential information.
  985.045	Court records.

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• HB 5075, Original Filed Version Posted 3/28/2008 at 4:07 PM

  Bill Text:	Web Page | PDF

  Analyses:	Policy & Budget Council (Post-Meeting) (pdf) Policy & Budget Council (Post-Meeting) (pdf)

  Floor Amendments (2)

  Amendment	Sponsor	Filed	Last Floor Action	Format
  501077 - Amendment	Needelman	4/7/2008 12:01 PM		Web Page PDF
  180665 - Amendment	Needelman	4/7/2008 12:01 PM		Web Page PDF

  Citations - Statutes (95)

  Citation	Catchline	Location in Bill Location In Bill Help
  11.905	Schedule for reviewing state agencies and advisory committees.
  20.315	Department of Corrections.
  20.32	Parole Commission.
  23.21	Definitions.
  112.011	Felons; removal of disqualifications for employment, exceptions.
  186.005	Designation of departmental planning officer.
  255.502	Definitions; ss. 255.501-255.525.
  311.12	Seaport security standards; inspections; compliance; appeals.
  322.16	License restrictions.
  394.926	Notice to victims of release of persons committed as sexually violent predators; notice to Department of Corrections and Parole Commission.
  394.927	Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Parole Commission.
  775.089	Restitution.
  775.16	Drug offenses; additional penalties.
  784.07	Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.
  784.078	Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  843.01	Resisting officer with violence to his or her person.
  843.02	Resisting officer without violence to his or her person.
  843.08	Falsely personating officer, etc.
  893.11	Suspension, revocation, and reinstatement of business and professional licenses.
  921.16	When sentences to be concurrent and when consecutive.
  921.20	Classification summary; Parole Commission.
  921.21	Progress reports to Parole Commission.
  921.22	Determination of exact period of imprisonment by Parole Commission.
  940.03	Application for executive clemency.
  940.05	Restoration of civil rights.
  941.23	Application for issuance of requisition; by whom made; contents.
  943.0311	Chief of Domestic Security; duties of the department with respect to domestic security.
  943.06	Criminal and Juvenile Justice Information Systems Council.
  943.325	Blood or other biological specimen testing for DNA analysis.
  944.012	Legislative intent.
  944.02	Definitions.
  944.024	Adult intake and evaluation.
  944.091	United States prisoners, board authorized.
  944.23	Persons authorized to visit state prisons.
  944.291	Prisoner released by reason of gain-time allowances or attainment of provisional release date.
  944.4731	Addiction-Recovery Supervision Program.
  945.091	Extension of the limits of confinement; restitution by employed inmates.
  945.10	Confidential information.
  945.25	Records.
  945.47	Discharge of inmate from mental health treatment.
  945.73	Inmate training program operation.
  947.001	Short title.
  947.002	Intent.
  947.005	Definitions.
  947.01	Parole Commission; creation; number of members.
  947.02	Parole Commission; members, appointment.
  947.021	Parole Commission; expedited appointments.
  947.03	Commissioners; tenure and removal.
  947.04	Organization of commission; officers; offices.
  947.045	Federal Grants Trust Fund.
  947.05	Seal.
  947.06	Meeting; when commission may act.
  947.07	Rules.
  947.071	Rulemaking procedures; indexing of orders.
  947.10	Business and political activity upon part of members and full-time employees of commission.
  947.11	Legal adviser.
  947.12	Members, employees, expenses.
  947.13	Powers and duties of commission.
  947.135	Mutual participation program.
  947.1405	Conditional release program.
  947.141	Violations of conditional release, control release, or conditional medical release or addiction-recovery supervision.
  947.146	Control Release Authority.
  947.149	Conditional medical release.
  947.15	Reports.
  947.16	Eligibility for parole; initial parole interviews; powers and duties of commission.
  947.165	Objective parole guidelines.
  947.168	Consideration for persons serving parole-eligible and parole-ineligible sentences.
  947.172	Establishment of presumptive parole release date.
  947.173	Review of presumptive parole release date.
  947.174	Subsequent interviews.
  947.1745	Establishment of effective parole release date.
  947.1746	Establishment of effective parole release date.
  947.1747	Community control as a special condition of parole.
  947.18	Conditions of parole.
  947.181	Victim restitution as condition of parole.
  947.185	Application for mental retardation services as condition of parole.
  947.19	Terms of parole.
  947.20	Rules of commission.
  947.21	Violations of parole.
  947.22	Authority to arrest parole violators with or without warrant.
  947.23	Action of commission upon arrest of parolee.
  947.24	Discharge from parole supervision or release supervision.
  947.26	Cooperation of custodian of prisoner; right of access.
  948.06	Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.
  948.09	Payment for cost of supervision and rehabilitation.
  948.10	Community control programs.
  949.05	Constitutionality.
  951.29	Procedure for requesting restoration of civil rights of county prisoners convicted of felonies.
  957.06	Powers and duties not delegable to contractor.
  958.045	Youthful offender basic training program.
  958.15	Mutual participation agreements.
  960.001	Guidelines for fair treatment of victims and witnesses in the criminal justice and juvenile justice systems.
  960.17	Award constitutes debt owed to state.
  985.04	Oaths; records; confidential information.
  985.045	Court records.

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