Florida Senate - 2017                                    SB 1730
       
       
        
       By Senator Clemens
       
       
       
       
       
       31-00781-17                                           20171730__
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; amending ss.
    3         784.078 and 800.09, F.S.; conforming a term to changes
    4         made by ch. 2014-191, Laws of Florida; amending s.
    5         947.002, F.S.; conforming a term to changes made by
    6         ch. 2014-191, Laws of Florida; conforming a cross
    7         reference; amending s. 947.02, F.S.; conforming a term
    8         to changes made by ch. 2014-191, Laws of Florida;
    9         repealing s. 947.021, F.S., relating to expedited
   10         appointments to the Florida Commission on Offender
   11         Review; amending s. 947.10, F.S.; deleting an
   12         applicability provision; updating a term; amending s.
   13         947.16, F.S.; conforming a term to changes made by ch.
   14         2014-191, Laws of Florida; amending s. 947.172, F.S.;
   15         deleting a provision requiring the assigning of cases
   16         on a random basis; conforming a term to changes made
   17         by ch. 2014-191, Laws of Florida; amending ss.
   18         947.174, 947.1745, and 947.22, F.S.; conforming a term
   19         to changes made by ch. 2014-191, Laws of Florida;
   20         amending s. 960.001, F.S.; requiring a law enforcement
   21         agency to provide specified instructions to a victim;
   22         requiring a law enforcement agency to promptly make
   23         reasonable efforts to provide the victim with
   24         specified information under certain circumstances;
   25         amending s. 20.32, F.S.; conforming provisions to
   26         changes made by the act; providing effective dates.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (b) of subsection (2) of section
   31  784.078, Florida Statutes, is amended to read:
   32         784.078 Battery of facility employee by throwing, tossing,
   33  or expelling certain fluids or materials.—
   34         (2)
   35         (b) “Employee” includes any person who is a commission
   36  investigator parole examiner with the Florida Commission on
   37  Offender Review.
   38         Section 2. Paragraph (a) of subsection (1) of section
   39  800.09, Florida Statutes, is amended to read:
   40         800.09 Lewd or lascivious exhibition in the presence of an
   41  employee.—
   42         (1) As used in this section, the term:
   43         (a) “Employee” means any person employed by or performing
   44  contractual services for a public or private entity operating a
   45  facility or any person employed by or performing contractual
   46  services for the corporation operating the prison industry
   47  enhancement programs or the correctional work programs under
   48  part II of chapter 946. The term also includes any person who is
   49  a commission investigator parole examiner with the Florida
   50  Commission on Offender Review.
   51         Section 3. Subsection (4) of section 947.002, Florida
   52  Statutes, is amended to read:
   53         947.002 Intent.—
   54         (4) Commission investigators Hearing examiners are assigned
   55  on the basis of caseload needs as determined by the chair.
   56         Section 4. Section 947.02, Florida Statutes, is amended to
   57  read:
   58         947.02 Florida Commission on Offender Review; members,
   59  appointment.—
   60         (1) Except as provided in s. 947.021, The members of the
   61  Florida Commission on Offender Review shall be appointed by the
   62  Governor and Cabinet from a list of eligible applicants
   63  submitted by a commissioner parole qualifications committee. The
   64  appointments of members of the commission shall be certified to
   65  the Senate by the Governor and Cabinet for confirmation, and the
   66  membership of the commission shall include representation from
   67  minority persons as defined in s. 288.703.
   68         (2) A commissioner parole qualifications committee shall
   69  consist of five persons who are appointed by the Governor and
   70  Cabinet. One member shall be designated as chair by the Governor
   71  and Cabinet. The committee shall provide for statewide
   72  advertisement and the receiving of applications for any position
   73  or positions on the commission and shall devise a plan for the
   74  determination of the qualifications of the applicants by
   75  investigations and comprehensive evaluations, including, but not
   76  limited to, investigation and evaluation of the character,
   77  habits, and philosophy of each applicant. Each commissioner
   78  parole qualifications committee shall exist for 2 years. If
   79  additional vacancies on the commission occur during this 2-year
   80  period, the committee may advertise and accept additional
   81  applications; however, all previously submitted applications
   82  shall be considered along with the new applications according to
   83  the previously established plan for the evaluation of the
   84  qualifications of applicants.
   85         (3) Within 90 days before an anticipated vacancy by
   86  expiration of term pursuant to s. 947.03 or upon any other
   87  vacancy, the Governor and Cabinet shall appoint a commissioner
   88  parole qualifications committee if one has not been appointed
   89  during the previous 2 years. The committee shall consider
   90  applications for the commission seat, including the application
   91  of an incumbent commissioner if he or she applies, according to
   92  subsection (2). The committee shall submit a list of three
   93  eligible applicants, which may include the incumbent if the
   94  committee so decides, without recommendation, to the Governor
   95  and Cabinet for appointment to the commission. In the case of an
   96  unexpired term, the appointment must be for the remainder of the
   97  unexpired term and until a successor is appointed and qualified.
   98  If more than one seat is vacant, the committee shall submit a
   99  list of eligible applicants, without recommendation, containing
  100  a number of names equal to three times the number of vacant
  101  seats; however, the names submitted may not be distinguished by
  102  seat, and each submitted applicant shall be considered eligible
  103  for each vacancy.
  104         (4) Upon receiving a list of eligible persons from the
  105  commissioner parole qualifications committee, the Governor and
  106  Cabinet may reject the list. If the list is rejected, the
  107  committee shall reinitiate the application and examination
  108  procedure according to subsection (2).
  109         (5) Section 120.525 and chapters 119 and 286 apply to all
  110  activities and proceedings of a commissioner parole
  111  qualifications committee.
  112         Section 5. Section 947.021, Florida Statutes, is repealed.
  113         Section 6. Section 947.10, Florida Statutes, is amended to
  114  read:
  115         947.10 Business and political activity upon part of members
  116  and full-time employees of commission.—No member of the
  117  commission and no full-time employee thereof shall, during her
  118  or his service upon or under the commission, engage in any other
  119  business or profession or hold any other public office, nor
  120  shall she or he serve as the representative of any political
  121  party, or any political executive committee or other political
  122  governing body thereof, or as an executive officer or employee
  123  of any political committee, organization, or association or be
  124  engaged on the behalf of any candidate for public office in the
  125  solicitation of votes or otherwise. However, this shall not be
  126  deemed to exclude the appointment of the Secretary of
  127  Corrections to the commission under the terms and conditions set
  128  forth in this chapter.
  129         Section 7. Subsection (1) and paragraph (e) of subsection
  130  (4) of section 947.16, Florida Statutes, are amended to read:
  131         947.16 Eligibility for parole; initial parole interviews;
  132  powers and duties of commission.—
  133         (1) Every person who has been convicted of a felony or who
  134  has been convicted of one or more misdemeanors and whose
  135  sentence or cumulative sentences total 12 months or more, who is
  136  confined in execution of the judgment of the court, and whose
  137  record during confinement or while under supervision is good,
  138  shall, unless otherwise provided by law, be eligible for
  139  interview for parole consideration of her or his cumulative
  140  sentence structure as follows:
  141         (a) An inmate who has been sentenced for an indeterminate
  142  term or a term of 3 years or less shall have an initial
  143  interview conducted by a commission investigator hearing
  144  examiner within 8 months after the initial date of confinement
  145  in execution of the judgment.
  146         (b) An inmate who has been sentenced for a minimum term in
  147  excess of 3 years but of less than 6 years shall have an initial
  148  interview conducted by a commission investigator hearing
  149  examiner within 14 months after the initial date of confinement
  150  in execution of the judgment.
  151         (c) An inmate who has been sentenced for a minimum term of
  152  6 or more years but other than for a life term shall have an
  153  initial interview conducted by a commission investigator hearing
  154  examiner within 24 months after the initial date of confinement
  155  in execution of the judgment.
  156         (d) An inmate who has been sentenced for a term of life
  157  shall have an initial interview conducted by a commission
  158  investigator hearing examiner within 5 years after the initial
  159  date of confinement in execution of the judgment.
  160         (e) An inmate who has been convicted and sentenced under
  161  ss. 958.011-958.15, or any other inmate who has been determined
  162  by the department to be a youthful offender, shall be
  163  interviewed by a commission investigator parole examiner within
  164  8 months after the initial date of confinement in execution of
  165  the judgment.
  166         (4) A person who has become eligible for an initial parole
  167  interview and who may, according to the objective parole
  168  guidelines of the commission, be granted parole shall be placed
  169  on parole in accordance with the provisions of this law; except
  170  that, in any case of a person convicted of murder, robbery,
  171  burglary of a dwelling or burglary of a structure or conveyance
  172  in which a human being is present, aggravated assault,
  173  aggravated battery, kidnapping, sexual battery or attempted
  174  sexual battery, incest or attempted incest, an unnatural and
  175  lascivious act or an attempted unnatural and lascivious act,
  176  lewd and lascivious behavior, assault or aggravated assault when
  177  a sexual act is completed or attempted, battery or aggravated
  178  battery when a sexual act is completed or attempted, arson, or
  179  any felony involving the use of a firearm or other deadly weapon
  180  or the use of intentional violence, at the time of sentencing
  181  the judge may enter an order retaining jurisdiction over the
  182  offender for review of a commission release order. This
  183  jurisdiction of the trial court judge is limited to the first
  184  one-third of the maximum sentence imposed. When any person is
  185  convicted of two or more felonies and concurrent sentences are
  186  imposed, then the jurisdiction of the trial court judge as
  187  provided herein applies to the first one-third of the maximum
  188  sentence imposed for the highest felony of which the person was
  189  convicted. When any person is convicted of two or more felonies
  190  and consecutive sentences are imposed, then the jurisdiction of
  191  the trial court judge as provided herein applies to one-third of
  192  the total consecutive sentences imposed.
  193         (e) Upon receipt of notice of intent to retain jurisdiction
  194  from the original sentencing judge or her or his replacement,
  195  the commission shall, within 10 days, forward to the court its
  196  release order, the findings of fact, the commission
  197  investigator’s parole hearing examiner’s report and
  198  recommendation, and all supporting information upon which its
  199  release order was based.
  200         Section 8. Subsections (1) and (2) of section 947.172,
  201  Florida Statutes, are amended to read:
  202         947.172 Establishment of presumptive parole release date.—
  203         (1) The commission investigator hearing examiner shall
  204  conduct an initial interview in accordance with the provisions
  205  of s. 947.16. This interview shall include introduction and
  206  explanation of the objective parole guidelines as they relate to
  207  presumptive and effective parole release dates and an
  208  explanation of the institutional conduct record and satisfactory
  209  release plan for parole supervision as each relates to parole
  210  release.
  211         (2) Based on the objective parole guidelines and any other
  212  competent evidence relevant to aggravating and mitigating
  213  circumstances, the commission investigator hearing examiner
  214  shall, within 10 days after the interview, recommend in writing
  215  to a panel of no fewer than two commissioners appointed by the
  216  chair a presumptive parole release date for the inmate. The
  217  chair shall assign cases to such panels on a random basis,
  218  without regard to the inmate or to the commissioners sitting on
  219  the panel. If the recommended presumptive parole release date
  220  falls outside the matrix time ranges as determined by the
  221  objective parole guidelines, the commission investigator hearing
  222  examiner shall include with the recommendation a statement in
  223  writing as to the reasons for the decision, specifying
  224  individual particularities. If a panel fails to reach a decision
  225  on a recommended presumptive parole release date, the chair or
  226  any other commissioner designated by the chair shall cast the
  227  deciding vote. Within 90 days after the date of the initial
  228  interview, the inmate shall be notified in writing of the
  229  decision as to the inmate’s presumptive parole release date.
  230         Section 9. Subsections (1), (2), and (4) of section
  231  947.174, Florida Statutes, are amended to read:
  232         947.174 Subsequent interviews.—
  233         (1)(a) For any inmate, except an inmate convicted of an
  234  offense enumerated in paragraph (b), whose presumptive parole
  235  release date falls more than 2 years after the date of the
  236  initial interview, a commission investigator hearing examiner
  237  shall schedule an interview for review of the presumptive parole
  238  release date. Such interview shall take place within 2 years
  239  after the initial interview and every 2 years thereafter.
  240         (b) For any inmate convicted of murder or attempted murder;
  241  sexual battery or attempted sexual battery; kidnapping or
  242  attempted kidnapping; or robbery, burglary of a dwelling,
  243  burglary of a structure or conveyance, or breaking and entering,
  244  or the attempt thereof of any of these crimes, in which a human
  245  being is present and a sexual act is attempted or completed, or
  246  any inmate who has been sentenced to a 25-year minimum mandatory
  247  sentence previously provided in s. 775.082, and whose
  248  presumptive parole release date is more than 7 years after the
  249  date of the initial interview, a commission investigator hearing
  250  examiner shall schedule an interview for review of the
  251  presumptive parole release date. The interview shall take place
  252  once within 7 years after the initial interview and once every 7
  253  years thereafter if the commission finds that it is not
  254  reasonable to expect that parole will be granted at a hearing
  255  during the following years and states the bases for the finding
  256  in writing. For an inmate who is within 7 years of his or her
  257  tentative release date, the commission may establish an
  258  interview date before the 7-year schedule.
  259         (c) Such interviews shall be limited to determining whether
  260  or not information has been gathered which might affect the
  261  presumptive parole release date. The provisions of this
  262  subsection shall not apply to an inmate serving a concurrent
  263  sentence in another jurisdiction pursuant to s. 921.16(2).
  264         (2) The commission, for good cause, may at any time request
  265  that a commission investigator hearing examiner conduct a
  266  subsequent hearing according to the procedures outlined in this
  267  section. Such request shall specify in writing the reasons for
  268  such review.
  269         (4) The department or a commission investigator hearing
  270  examiner may recommend that an inmate be placed in a work
  271  release program prior to the last 18 months of her or his
  272  confinement before the presumptive parole release date. If the
  273  commission does not deny the recommendation within 30 days of
  274  the receipt of the recommendation, the inmate may be placed in
  275  such a program, and the department shall advise the commission
  276  of the fact prior to such placement.
  277         Section 10. Subsection (1) of section 947.1745, Florida
  278  Statutes, is amended to read:
  279         947.1745 Establishment of effective parole release date.—If
  280  the inmate’s institutional conduct has been satisfactory, the
  281  presumptive parole release date shall become the effective
  282  parole release date as follows:
  283         (1) Within 90 days before the presumptive parole release
  284  date, a commission investigator hearing examiner shall conduct a
  285  final interview with the inmate in order to establish an
  286  effective parole release date and parole release plan. If it is
  287  determined that the inmate’s institutional conduct has been
  288  unsatisfactory, a statement to this effect shall be made in
  289  writing with particularity and shall be forwarded to a panel of
  290  no fewer than two commissioners appointed by the chair.
  291         Section 11. Subsection (1) of section 947.22, Florida
  292  Statutes, is amended to read:
  293         947.22 Authority to arrest parole violators with or without
  294  warrant.—
  295         (1) If a member of the commission or a duly authorized
  296  representative of the commission has reasonable grounds to
  297  believe that a parolee has violated the terms and conditions of
  298  her or his parole in a material respect, such member or
  299  representative may issue a warrant for the arrest of such
  300  parolee. The warrant shall be returnable before a member of the
  301  commission or a duly authorized representative of the
  302  commission. The commission, a commissioner, or a commission
  303  investigator parole examiner with approval of the commission
  304  parole examiner supervisor, may release the parolee on bail or
  305  her or his own recognizance, conditioned upon her or his
  306  appearance at any hearings noticed by the commission. If not
  307  released on bail or her or his own recognizance, the parolee
  308  shall be committed to jail pending hearings pursuant to s.
  309  947.23. The commission, at its election, may have the hearing
  310  conducted by one or more commissioners or by a duly authorized
  311  representative of the commission. Any parole and probation
  312  officer, any officer authorized to serve criminal process, or
  313  any peace officer of this state is authorized to execute the
  314  warrant.
  315         Section 12. Effective July 1, 2017, paragraph (h) of
  316  subsection (1) of section 960.001, Florida Statutes, is amended
  317  to read:
  318         960.001 Guidelines for fair treatment of victims and
  319  witnesses in the criminal justice and juvenile justice systems.—
  320         (1) The Department of Legal Affairs, the state attorneys,
  321  the Department of Corrections, the Department of Juvenile
  322  Justice, the Florida Commission on Offender Review, the State
  323  Courts Administrator and circuit court administrators, the
  324  Department of Law Enforcement, and every sheriff’s department,
  325  police department, or other law enforcement agency as defined in
  326  s. 943.10(4) shall develop and implement guidelines for the use
  327  of their respective agencies, which guidelines are consistent
  328  with the purposes of this act and s. 16(b), Art. I of the State
  329  Constitution and are designed to implement s. 16(b), Art. I of
  330  the State Constitution and to achieve the following objectives:
  331         (h) Return of property to victim.—
  332         1.A law enforcement agency agencies and the state attorney
  333  shall promptly return a victim’s property held for evidentiary
  334  purposes unless there is a compelling law enforcement reason for
  335  retaining it. The trial or juvenile court exercising
  336  jurisdiction over the criminal or juvenile proceeding may enter
  337  appropriate orders to implement this subsection, including
  338  allowing photographs of the victim’s property to be used as
  339  evidence at the criminal trial or the juvenile proceeding in
  340  place of the victim’s property if no related substantial
  341  evidentiary issue related thereto is in dispute.
  342         2. A law enforcement agency shall give a victim
  343  instructions that outline the process for a replevin action and
  344  the procedures specified in s. 539.001(15) for obtaining
  345  possession of the victim’s property located in a pawnshop. If a
  346  law enforcement agency locates the property in the possession of
  347  a pawnbroker, the law enforcement agency shall promptly make
  348  reasonable efforts to provide the victim with the name and
  349  location of the pawnshop.
  350         Section 13. Subsection (2) of section 20.32, Florida
  351  Statutes, is amended to read:
  352         20.32 Florida Commission on Offender Review.—
  353         (2) All powers, duties, and functions relating to the
  354  appointment of the Florida Commission on Offender Review as
  355  provided in s. 947.02 or s. 947.021 shall be exercised and
  356  performed by the Governor and Cabinet. Except as provided in s.
  357  947.021, Each appointment shall be made from among the first
  358  three eligible persons on the list of the persons eligible for
  359  said position.
  360         Section 14. Except as otherwise expressly provided in this
  361  act, this act shall take effect upon becoming a law.