ENROLLED 2010 Legislature CS for SB 200 2010200er 1 2 An act relating to parole interview dates for certain 3 inmates; amending ss. 947.16, 947.174, and 947.1745, 4 F.S.; extending from 5 to 7 years the period between 5 parole interview dates for inmates convicted of 6 violating specified provisions or serving a mandatory 7 minimum sentence under a specified provision; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (g) of subsection (4) of section 13 947.16, Florida Statutes, is amended to read: 14 947.16 Eligibility for parole; initial parole interviews; 15 powers and duties of commission.— 16 (4) A person who has become eligible for an initial parole 17 interview and who may, according to the objective parole 18 guidelines of the commission, be granted parole shall be placed 19 on parole in accordance with the provisions of this law; except 20 that, in any case of a person convicted of murder, robbery, 21 burglary of a dwelling or burglary of a structure or conveyance 22 in which a human being is present, aggravated assault, 23 aggravated battery, kidnapping, sexual battery or attempted 24 sexual battery, incest or attempted incest, an unnatural and 25 lascivious act or an attempted unnatural and lascivious act, 26 lewd and lascivious behavior, assault or aggravated assault when 27 a sexual act is completed or attempted, battery or aggravated 28 battery when a sexual act is completed or attempted, arson, or 29 any felony involving the use of a firearm or other deadly weapon 30 or the use of intentional violence, at the time of sentencing 31 the judge may enter an order retaining jurisdiction over the 32 offender for review of a commission release order. This 33 jurisdiction of the trial court judge is limited to the first 34 one-third of the maximum sentence imposed. When any person is 35 convicted of two or more felonies and concurrent sentences are 36 imposed, then the jurisdiction of the trial court judge as 37 provided herein applies to the first one-third of the maximum 38 sentence imposed for the highest felony of which the person was 39 convicted. When any person is convicted of two or more felonies 40 and consecutive sentences are imposed, then the jurisdiction of 41 the trial court judge as provided herein applies to one-third of 42 the total consecutive sentences imposed. 43 (g) The decision of the original sentencing judge or, in 44 her or his absence, the chief judge of the circuit to vacate any 45 parole release order as provided in this section is not 46 appealable. Each inmate whose parole release order has been 47 vacated by the court shall be reinterviewed within 2 years after 48 the date of receipt of the vacated release order and every 2 49 years thereafter, or earlier by order of the court retaining 50 jurisdiction. However, each inmate whose parole release order 51 has been vacated by the court and who has been: 52 1. Convicted of murder or attempted murder; 53 2. Convicted of sexual battery or attempted sexual battery; 54 or 55 3. Sentenced to a 25-year minimum mandatory sentence 56 previously provided in s. 775.082, 57 58 shall be reinterviewed once within 75years after the date of 59 receipt of the vacated release order and once every 75years 60 thereafter, if the commission finds that it is not reasonable to 61 expect that parole would be granted during the following years 62 and states the bases for the finding in writing. For any inmate 63 who is within 7 years of his or her tentative release date, the 64 commission may establish a reinterview date prior to the 7-year 655-yearschedule. 66 Section 2. Paragraph (b) of subsection (1) of section 67 947.174, Florida Statutes, is amended to read: 68 947.174 Subsequent interviews.— 69 (1) 70 (b) For any inmate convicted of murder, attempted murder, 71 sexual battery, or attempted sexual battery, or any inmate who 72 has been sentenced to a 25-year minimum mandatory sentence 73 previously provided in s. 775.082, and whose presumptive parole 74 release date is more than 75years after the date of the 75 initial interview, a hearing examiner shall schedule an 76 interview for review of the presumptive parole release date. The 77suchinterview shall take place once within 75years after the 78 initial interview and once every 75years thereafter if the 79 commission finds that it is not reasonable to expect that parole 80 will be granted at a hearing during the following years and 81 states the bases for the finding in writing. For any inmate who 82 is within 7 years of his or her tentative release date, the 83 commission may establish an interview date beforeprior tothe 84 7-year5-yearschedule. 85 Section 3. Subsection (6) of section 947.1745, Florida 86 Statutes, is amended to read: 87 947.1745 Establishment of effective parole release date.—If 88 the inmate’s institutional conduct has been satisfactory, the 89 presumptive parole release date shall become the effective 90 parole release date as follows: 91 (6) Within 90 days before the effective parole release date 92 interview, the commission shall send written notice to the 93 sentencing judge of any inmate who has been scheduled for an 94 effective parole release date interview. If the sentencing judge 95 is no longer serving, the notice must be sent to the chief judge 96 of the circuit in which the offender was sentenced. The chief 97 judge may designate any circuit judge within the circuit to act 98 in the place of the sentencing judge. Within 30 days after 99 receipt of the commission’s notice, the sentencing judge, or the 100 designee, shall send to the commission notice of objection to 101 parole release, if the judge objects to such release. If there 102 is objection by the judge, such objection may constitute good 103 cause in exceptional circumstances as described in s. 947.173, 104 and the commission may schedule a subsequent review within 2 105 years, extending the presumptive parole release date beyond that 106 time. However, for an inmate who has been: 107 (a) Convicted of murder or attempted murder; 108 (b) Convicted of sexual battery or attempted sexual 109 battery; or 110 (c) Sentenced to a 25-year minimum mandatory sentence 111 previously provided in s. 775.082, 112 113 the commission may schedule a subsequent review under this 114 subsection once every 75years, extending the presumptive 115 parole release date beyond that time if the commission finds 116 that it is not reasonable to expect that parole would be granted 117 at a review during the following years and states the bases for 118 the finding in writing. For any inmate who is within 7 years of 119 his or her release date, the commission may schedule a 120 subsequent review prior to the 7-year5 yearschedule. With any 121 subsequent review the same procedure outlined above will be 122 followed. If the judge remains silent with respect to parole 123 release, the commission may authorize an effective parole 124 release date. This subsection applies if the commission desires 125 to consider the establishment of an effective release date 126 without delivery of the effective parole release date interview. 127 Notice of the effective release date must be sent to the 128 sentencing judge, and either the judge’s response to the notice 129 must be received or the time period allowed for such response 130 must elapse before the commission may authorize an effective 131 release date. 132 Section 4. This act shall take effect July 1, 2010.