Florida Senate - 2025 SB 1786 By Senator Smith 17-00987-25 20251786__ 1 A bill to be entitled 2 An act relating to parole for long-term prisoners; 3 creating s. 947.161, F.S.; providing that certain 4 long-term prison sentences are parole-eligible under 5 certain circumstances; providing for retroactive 6 application; providing eligibility requirements; 7 providing conditions of parole for such persons; 8 providing for disposition of savings produced by such 9 a program of parole; providing an effective date. 10 11 WHEREAS, parole works, according to a report by the Florida 12 Commission on Offender Review which states that “97.5 percent of 13 parolees have successfully completed their parole supervision 14 without revocation within the first 3 years of release,” and 15 WHEREAS, long-term incarceration disproportionately impacts 16 poor communities and communities of color, and 17 WHEREAS, the costs of long-term incarceration are social, 18 cultural, and economic and cause additional harm to society over 19 and above the costs of the crime committed, and 20 WHEREAS, the annual financial cost to incarcerate an 21 individual in this state averages over $28,000 per inmate per 22 year, and 23 WHEREAS, a 25-year study found that people who commit 24 violent crimes may actually be less likely to commit another 25 serious offense, and 26 WHEREAS, recidivism rates decline dramatically as people 27 age. For example, of persons convicted of violent crimes, only 4 28 percent who are released between ages 45 and 54 reoffend, and 29 that number drops even further to 1 percent at age 55 and above, 30 and among people previously convicted of murder, those rates 31 fall to 1.5 percent and 0.4 percent, respectively, and 32 WHEREAS, in Philadelphia, 174 people were resentenced and 33 released after having been sentenced to life without parole for 34 homicides committed as children, and after they had been in the 35 community for an average of 21 months, only 2 persons (1.1 36 percent) had been reconvicted of any offense, and 37 WHEREAS, in Maryland, 188 people serving life without 38 parole, mostly for murder or rape, were released after serving 39 30 or more years after a court ruled that jury instructions in 40 their cases had been unconstitutional, and 6 years later, only 5 41 persons (2.7 percent) had returned to prison either for 42 violating parole or for committing a new crime, and 43 WHEREAS, it is the intent of the Legislature to advance 44 public safety through punishment, rehabilitation, and 45 restorative practices, and when a sentence includes 46 incarceration, these purposes are best served by terms that are 47 proportionate to the seriousness of the offense and provide 48 uniformity with the sentences of offenders committing the same 49 offense under similar circumstances, and 50 WHEREAS, by providing a means to reevaluate a sentence 51 after a certain period of time has passed, the Legislature 52 intends to provide the tools to ensure these purposes are 53 achieved when it is determined that the original sentence no 54 longer advances the interests of justice and the offender is no 55 longer a public safety risk, NOW, THEREFORE, 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. Section 947.161, Florida Statutes, is created to 60 read: 61 947.161 Parole for long-term prisoners.— 62 (1) Notwithstanding any other law and excluding death 63 sentences, a sentence of incarceration that exceeds 10 years for 64 an offense that did not result in death, or 20 years if the 65 offense resulted in death and for which the offender was not 66 designated a sexual predator, shall become a parole-eligible 67 sentence and the offender referred to the commission due to the 68 valuable rehabilitative incentive provided by parole-eligible 69 sentences and the success of parolees as compared to the lack 70 thereof with regard to parole-ineligible sentences and releases 71 notwithstanding any other provision of law, including any 72 applicable mandatory minimum term of imprisonment, prison 73 releasee reoffender, life, or life-like sentence. This section 74 applies to any offender, including those sentenced on or before 75 the effective date of this section. 76 (2) The offender may apply to the commission for parole 77 consideration under this section only if he or she satisfies all 78 of the following requirements: 79 (a) Has no disciplinary offenses in the 7 years before the 80 review and the overall number of offenses declined while he or 81 she was incarcerated. 82 (b) Possesses a high school diploma or GED. 83 (c) Has successfully completed a faith- and character-based 84 program within the department. 85 (d) Has successfully completed victim impact education. 86 (e) Has successfully completed anger management education. 87 (f) Has completed alcohol and substance abuse programming 88 at least once, if he or she has no drug or alcohol abuse 89 history, and, if there is a history of drug or alcohol abuse in 90 the last 10 years, is currently enrolled in alcohol and 91 substance abuse programming. 92 (g) Has taken rehabilitation classes, as demonstrated 93 through certificates of completion. 94 (h) Has participated in the department’s Incentivized 95 Prison Program. 96 (i) Has a written release plan. 97 (j) Is 50 years of age or older. 98 (3) Any offender released under this section must: 99 (a) Submit to community control conditions for a period of 100 1 year if the offense did not result in death or 3 years if the 101 offense resulted in death. 102 (b) Participate in a transition home for a period of 1 103 year. 104 (c) Adhere to a curfew from 10 p.m. to 6 a.m. 105 (d) Report monthly to his or her supervising officer. 106 (e) Appear in person at all parole hearings. 107 (f) Attend Alcoholics Anonymous or Narcotics Anonymous for 108 a minimum period of 1 year if he or she has no substance abuse 109 history and 3 years if he or she has a substance abuse history. 110 (g) Work a minimum of 20 hours per week, unless he or she 111 receives Social Security or Social Security Disability benefits. 112 (h) Pay restitution, if ordered. 113 (i) Volunteer at least 4 hours a month at a correctional 114 institution in this state. 115 (j) Not leave his or her county of residence without 116 permission. 117 (k) Have no contact with the victims or victim’s family 118 unless approved in writing by the commission. 119 (4) Subject to legislative appropriation, of the savings 120 realized by the department as a result of this section: 121 (a) Fifty percent shall be designated to fund law 122 enforcement programs designed to counter recidivism through 123 programs, education, and restorative justice practices. 124 (b) Twenty-five percent shall be designated to fund prison 125 and community-based programs designed to counter recidivism 126 through education, therapeutic intervention, maintenance of 127 family and social networks, restorative practices, and 128 successful post-custodial reentry to society. 129 (c) Twenty-five percent shall be designated to fund 130 dedicated personnel in the offices of the commission. 131 Section 2. This act shall take effect July 1, 2025.