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.