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 7 5 years after the date of
   59  receipt of the vacated release order and once every 7 5 years
   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
   65  5-year schedule.
   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 7 5 years 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
   77  such interview shall take place once within 7 5 years after the
   78  initial interview and once every 7 5 years 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 before prior to the
   84  7-year 5-year schedule.
   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 7 5 years, 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-year 5 year schedule. 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.