| 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, |
| 4 | F.S.; extending from 2 years to 7 years the period |
| 5 | between parole interview dates for inmates convicted |
| 6 | of committing specified crimes; requiring a periodic |
| 7 | parole interview for an inmate convicted of |
| 8 | kidnapping, robbery, burglary of a dwelling, or |
| 9 | burglary of a structure or conveyance in which a human |
| 10 | being is present and a sexual act is completed or |
| 11 | attempted; providing an effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Paragraph (g) of subsection (4) of section |
| 16 | 947.16, Florida Statutes, is amended to read: |
| 17 | 947.16 Eligibility for parole; initial parole interviews; |
| 18 | powers and duties of commission.- |
| 19 | (4) A person who has become eligible for an initial parole |
| 20 | interview and who may, according to the objective parole |
| 21 | guidelines of the commission, be granted parole shall be placed |
| 22 | on parole in accordance with the provisions of this law; except |
| 23 | that, in any case of a person convicted of murder, robbery, |
| 24 | burglary of a dwelling or burglary of a structure or conveyance |
| 25 | in which a human being is present, aggravated assault, |
| 26 | aggravated battery, kidnapping, sexual battery or attempted |
| 27 | sexual battery, incest or attempted incest, an unnatural and |
| 28 | lascivious act or an attempted unnatural and lascivious act, |
| 29 | lewd and lascivious behavior, assault or aggravated assault when |
| 30 | a sexual act is completed or attempted, battery or aggravated |
| 31 | battery when a sexual act is completed or attempted, arson, or |
| 32 | any felony involving the use of a firearm or other deadly weapon |
| 33 | or the use of intentional violence, at the time of sentencing |
| 34 | the judge may enter an order retaining jurisdiction over the |
| 35 | offender for review of a commission release order. This |
| 36 | jurisdiction of the trial court judge is limited to the first |
| 37 | one-third of the maximum sentence imposed. When any person is |
| 38 | convicted of two or more felonies and concurrent sentences are |
| 39 | imposed, then the jurisdiction of the trial court judge as |
| 40 | provided herein applies to the first one-third of the maximum |
| 41 | sentence imposed for the highest felony of which the person was |
| 42 | convicted. When any person is convicted of two or more felonies |
| 43 | and consecutive sentences are imposed, then the jurisdiction of |
| 44 | the trial court judge as provided herein applies to one-third of |
| 45 | the total consecutive sentences imposed. |
| 46 | (g) The decision of the original sentencing judge or, in |
| 47 | her or his absence, the chief judge of the circuit to vacate any |
| 48 | parole release order as provided in this section is not |
| 49 | appealable. Each inmate whose parole release order has been |
| 50 | vacated by the court shall be reinterviewed within 2 years after |
| 51 | the date of receipt of the vacated release order and every 2 |
| 52 | years thereafter, or earlier by order of the court retaining |
| 53 | jurisdiction. However, each inmate whose parole release order |
| 54 | has been vacated by the court and who has been: |
| 55 | 1. Convicted of murder or attempted murder; |
| 56 | 2. Convicted of sexual battery or attempted sexual |
| 57 | battery; or |
| 58 | 3. Convicted of kidnapping; |
| 59 | 4. Convicted of robbery, burglary of a dwelling, or |
| 60 | burglary of a structure or conveyance in which a human being is |
| 61 | present and a sexual act is completed or attempted; or |
| 62 | 5.3. Sentenced to a 25-year minimum mandatory sentence |
| 63 | previously provided in s. 775.082, |
| 64 |
|
| 65 | shall be reinterviewed once within 7 years after the date of |
| 66 | receipt of the vacated release order and once every 7 years |
| 67 | thereafter, if the commission finds that it is not reasonable to |
| 68 | expect that parole would be granted during the following years |
| 69 | and states the bases for the finding in writing. For any inmate |
| 70 | who is within 7 years of his or her tentative release date, the |
| 71 | commission may establish a reinterview date prior to the 7-year |
| 72 | schedule. |
| 73 | Section 2. Paragraph (b) of subsection (1) of section |
| 74 | 947.174, Florida Statutes, is amended to read: |
| 75 | 947.174 Subsequent interviews.- |
| 76 | (1) |
| 77 | (b) For any inmate convicted of murder, attempted murder, |
| 78 | sexual battery, or attempted sexual battery, kidnapping, |
| 79 | robbery, burglary of a dwelling, or burglary of a structure or |
| 80 | conveyance in which a human being is present and a sexual act is |
| 81 | completed or attempted, or any inmate who has been sentenced to |
| 82 | a 25-year minimum mandatory sentence previously provided in s. |
| 83 | 775.082, and whose presumptive parole release date is more than |
| 84 | 7 years after the date of the initial interview, a hearing |
| 85 | examiner shall schedule an interview for review of the |
| 86 | presumptive parole release date. The interview shall take place |
| 87 | once within 7 years after the initial interview and once every 7 |
| 88 | years thereafter if the commission finds that it is not |
| 89 | reasonable to expect that parole will be granted at a hearing |
| 90 | during the following years and states the bases for the finding |
| 91 | in writing. For any inmate who is within 7 years of his or her |
| 92 | tentative release date, the commission may establish an |
| 93 | interview date before the 7-year schedule. |
| 94 | Section 3. Subsection (6) of section 947.1745, Florida |
| 95 | Statutes, is amended to read: |
| 96 | 947.1745 Establishment of effective parole release date.- |
| 97 | If the inmate's institutional conduct has been satisfactory, the |
| 98 | presumptive parole release date shall become the effective |
| 99 | parole release date as follows: |
| 100 | (6) Within 90 days before the effective parole release |
| 101 | date interview, the commission shall send written notice to the |
| 102 | sentencing judge of any inmate who has been scheduled for an |
| 103 | effective parole release date interview. If the sentencing judge |
| 104 | is no longer serving, the notice must be sent to the chief judge |
| 105 | of the circuit in which the offender was sentenced. The chief |
| 106 | judge may designate any circuit judge within the circuit to act |
| 107 | in the place of the sentencing judge. Within 30 days after |
| 108 | receipt of the commission's notice, the sentencing judge, or the |
| 109 | designee, shall send to the commission notice of objection to |
| 110 | parole release, if the judge objects to such release. If there |
| 111 | is objection by the judge, such objection may constitute good |
| 112 | cause in exceptional circumstances as described in s. 947.173, |
| 113 | and the commission may schedule a subsequent review within 2 |
| 114 | years, extending the presumptive parole release date beyond that |
| 115 | time. However, for an inmate who has been: |
| 116 | (a) Convicted of murder or attempted murder; |
| 117 | (b) Convicted of sexual battery or attempted sexual |
| 118 | battery; or |
| 119 | (c) Convicted of kidnapping; |
| 120 | (d) Convicted of robbery, burglary of a dwelling, or |
| 121 | burglary of a structure or conveyance in which a human being is |
| 122 | present and a sexual act is completed or attempted; or |
| 123 | (e)(c) Sentenced to a 25-year minimum mandatory sentence |
| 124 | previously provided in s. 775.082, |
| 125 |
|
| 126 | the commission may schedule a subsequent review under this |
| 127 | subsection once every 7 years, extending the presumptive parole |
| 128 | release date beyond that time if the commission finds that it is |
| 129 | not reasonable to expect that parole would be granted at a |
| 130 | review during the following years and states the bases for the |
| 131 | finding in writing. For any inmate who is within 7 years of his |
| 132 | or her release date, the commission may schedule a subsequent |
| 133 | review prior to the 7-year schedule. With any subsequent review |
| 134 | the same procedure outlined above will be followed. If the judge |
| 135 | remains silent with respect to parole release, the commission |
| 136 | may authorize an effective parole release date. This subsection |
| 137 | applies if the commission desires to consider the establishment |
| 138 | of an effective release date without delivery of the effective |
| 139 | parole release date interview. Notice of the effective release |
| 140 | date must be sent to the sentencing judge, and either the |
| 141 | judge's response to the notice must be received or the time |
| 142 | period allowed for such response must elapse before the |
| 143 | commission may authorize an effective release date. |
| 144 | Section 4. This act shall take effect July 1, 2012. |