HB 261

1	A bill to be entitled
2	An act relating to parole interview dates for certain
3	inmates; amending ss. 947.16, 947.174, and 947.1745, F.S.;
4	extending from 5 to 7 years the period between parole
5	interview dates for inmates convicted of violating
6	specified provisions or serving a mandatory minimum
7	sentence under a specified provision; providing an
8	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
54	battery; 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, attempted sexual battery, or who has been
72	sentenced to a 25-year minimum mandatory sentence previously
73	provided in s. 775.082, and whose presumptive parole release
74	date is more than 7 5 years after the date of the initial
75	interview, a hearing examiner shall schedule an interview for
76	review of the presumptive parole release date. Such interview
77	shall take place once within 7 5 years after the initial
78	interview and once every 7 5 years thereafter if the commission
79	finds that it is not reasonable to expect that parole will be
80	granted at a hearing during the following years and states the
81	bases for the finding in writing. For any inmate who is within 7
82	years of his or her tentative release date, the commission may
83	establish an interview date prior to the 7-year 5-year schedule.
84	Section 3.  Subsection (6) of section 947.1745, Florida
85	Statutes, is amended to read:
86	947.1745  Establishment of effective parole release
87	date.--If the inmate's institutional conduct has been
88	satisfactory, the presumptive parole release date shall become
89	the effective parole release date as follows:
90	(6)  Within 90 days before the effective parole release
91	date interview, the commission shall send written notice to the
92	sentencing judge of any inmate who has been scheduled for an
93	effective parole release date interview. If the sentencing judge
94	is no longer serving, the notice must be sent to the chief judge
95	of the circuit in which the offender was sentenced. The chief
96	judge may designate any circuit judge within the circuit to act
97	in the place of the sentencing judge. Within 30 days after
98	receipt of the commission's notice, the sentencing judge, or the
99	designee, shall send to the commission notice of objection to
100	parole release, if the judge objects to such release. If there
101	is objection by the judge, such objection may constitute good
102	cause in exceptional circumstances as described in s. 947.173,
103	and the commission may schedule a subsequent review within 2
104	years, extending the presumptive parole release date beyond that
105	time. However, for an inmate who has been:
106	(a)  Convicted of murder or attempted murder;
107	(b)  Convicted of sexual battery or attempted sexual
108	battery; or
109	(c)  Sentenced to a 25-year minimum mandatory sentence
110	previously provided in s. 775.082,
111
112	the commission may schedule a subsequent review under this
113	subsection once every 7 5 years, extending the presumptive
114	parole release date beyond that time if the commission finds
115	that it is not reasonable to expect that parole would be granted
116	at a review during the following years and states the bases for
117	the finding in writing. For any inmate who is within 7 years of
118	his or her release date, the commission may schedule a
119	subsequent review prior to the 7-year 5 year schedule. With any
120	subsequent review the same procedure outlined above will be
121	followed. If the judge remains silent with respect to parole
122	release, the commission may authorize an effective parole
123	release date. This subsection applies if the commission desires
124	to consider the establishment of an effective release date
125	without delivery of the effective parole release date interview.
126	Notice of the effective release date must be sent to the
127	sentencing judge, and either the judge's response to the notice
128	must be received or the time period allowed for such response
129	must elapse before the commission may authorize an effective
130	release date.
131	Section 4.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.