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         947.161Parole 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.