Bill Text: FL S0360 | 2016 | Regular Session | Comm Sub


Bill Title: Criminal Justice

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2016-03-11 - Died on Calendar [S0360 Detail]

Download: Florida-2016-S0360-Comm_Sub.html
       Florida Senate - 2016                       CS for CS for SB 360
       
       
        
       By the Committees on Fiscal Policy; and Criminal Justice; and
       Senator Clemens
       
       594-04389-16                                           2016360c2
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; amending ss.
    3         784.078, 800.09, 947.002, and 947.02, F.S.; conforming
    4         provisions to changes made by chapter 2014-191, Laws
    5         of Florida; repealing s. 947.021, F.S., relating to
    6         expedited appointments to the Florida Commission on
    7         Offender Review; amending s. 947.10, F.S.; conforming
    8         provisions to changes made by chapter 2014-191, Laws
    9         of Florida; deleting an applicability provision;
   10         amending s. 947.172, F.S.; conforming provisions to
   11         changes made by chapter 2014-191, Laws of Florida;
   12         deleting a provision requiring the assigning of cases
   13         on a random basis; amending ss. 947.16, 947.174,
   14         947.1745, and 947.22, F.S.; conforming provisions to
   15         changes made by chapter 2014-191, Laws of Florida;
   16         amending s. 960.001, F.S.; requiring a law enforcement
   17         agency to provide specified instructions to a victim;
   18         requiring a law enforcement agency to promptly make
   19         reasonable efforts to provide the victim with
   20         specified information under certain circumstances;
   21         amending s. 20.32, F.S.; conforming provisions to
   22         changes made by the act; providing effective dates.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (b) of subsection (2) of section
   27  784.078, Florida Statutes, is amended to read:
   28         784.078 Battery of facility employee by throwing, tossing,
   29  or expelling certain fluids or materials.—
   30         (2)
   31         (b) “Employee” includes any person who is a commission
   32  investigator parole examiner with the Florida Commission on
   33  Offender Review.
   34         Section 2. Paragraph (a) of subsection (1) of section
   35  800.09, Florida Statutes, is amended to read:
   36         800.09 Lewd or lascivious exhibition in the presence of an
   37  employee.—
   38         (1) As used in this section, the term:
   39         (a) “Employee” means any person employed by or performing
   40  contractual services for a public or private entity operating a
   41  facility or any person employed by or performing contractual
   42  services for the corporation operating the prison industry
   43  enhancement programs or the correctional work programs under
   44  part II of chapter 946. The term also includes any person who is
   45  a commission investigator parole examiner with the Florida
   46  Commission on Offender Review.
   47         Section 3. Subsection (4) of section 947.002, Florida
   48  Statutes, is amended to read:
   49         947.002 Intent.—
   50         (4) Commission investigators Hearing examiners are assigned
   51  on the basis of caseload needs as determined by the chair.
   52         Section 4. Section 947.02, Florida Statutes, is amended to
   53  read:
   54         947.02 Florida Commission on Offender Review; members,
   55  appointment.—
   56         (1) Except as provided in s. 947.021, The members of the
   57  Florida Commission on Offender Review shall be appointed by the
   58  Governor and Cabinet from a list of eligible applicants
   59  submitted by a commissioner parole qualifications committee. The
   60  appointments of members of the commission shall be certified to
   61  the Senate by the Governor and Cabinet for confirmation, and the
   62  membership of the commission shall include representation from
   63  minority persons as defined in s. 288.703.
   64         (2) A commissioner parole qualifications committee shall
   65  consist of five persons who are appointed by the Governor and
   66  Cabinet. One member shall be designated as chair by the Governor
   67  and Cabinet. The committee shall provide for statewide
   68  advertisement and the receiving of applications for any position
   69  or positions on the commission and shall devise a plan for the
   70  determination of the qualifications of the applicants by
   71  investigations and comprehensive evaluations, including, but not
   72  limited to, investigation and evaluation of the character,
   73  habits, and philosophy of each applicant. Each commissioner
   74  parole qualifications committee shall exist for 2 years. If
   75  additional vacancies on the commission occur during this 2-year
   76  period, the committee may advertise and accept additional
   77  applications; however, all previously submitted applications
   78  shall be considered along with the new applications according to
   79  the previously established plan for the evaluation of the
   80  qualifications of applicants.
   81         (3) Within 90 days before an anticipated vacancy by
   82  expiration of term pursuant to s. 947.03 or upon any other
   83  vacancy, the Governor and Cabinet shall appoint a commissioner
   84  parole qualifications committee if one has not been appointed
   85  during the previous 2 years. The committee shall consider
   86  applications for the commission seat, including the application
   87  of an incumbent commissioner if he or she applies, according to
   88  subsection (2). The committee shall submit a list of three
   89  eligible applicants, which may include the incumbent if the
   90  committee so decides, without recommendation, to the Governor
   91  and Cabinet for appointment to the commission. In the case of an
   92  unexpired term, the appointment must be for the remainder of the
   93  unexpired term and until a successor is appointed and qualified.
   94  If more than one seat is vacant, the committee shall submit a
   95  list of eligible applicants, without recommendation, containing
   96  a number of names equal to three times the number of vacant
   97  seats; however, the names submitted may not be distinguished by
   98  seat, and each submitted applicant shall be considered eligible
   99  for each vacancy.
  100         (4) Upon receiving a list of eligible persons from the
  101  commissioner parole qualifications committee, the Governor and
  102  Cabinet may reject the list. If the list is rejected, the
  103  committee shall reinitiate the application and examination
  104  procedure according to subsection (2).
  105         (5) Section 120.525 and chapters 119 and 286 apply to all
  106  activities and proceedings of a commissioner parole
  107  qualifications committee.
  108         Section 5. Section 947.021, Florida Statutes, is repealed.
  109         Section 6. Section 947.10, Florida Statutes, is amended to
  110  read:
  111         947.10 Business and political activity upon part of members
  112  and full-time employees of commission.—No member of the
  113  commission and no full-time employee thereof shall, during her
  114  or his service upon or under the commission, engage in any other
  115  business or profession or hold any other public office, nor
  116  shall she or he serve as the representative of any political
  117  party, or any political executive committee or other political
  118  governing body thereof, or as an executive officer or employee
  119  of any political committee, organization, or association or be
  120  engaged on the behalf of any candidate for public office in the
  121  solicitation of votes or otherwise. However, this shall not be
  122  deemed to exclude the appointment of the Secretary of
  123  Corrections to the commission under the terms and conditions set
  124  forth in this chapter.
  125         Section 7. Subsections (1) and (2) of section 947.172,
  126  Florida Statutes, are amended to read:
  127         947.172 Establishment of presumptive parole release date.—
  128         (1) The commission investigator hearing examiner shall
  129  conduct an initial interview in accordance with the provisions
  130  of s. 947.16. This interview shall include introduction and
  131  explanation of the objective parole guidelines as they relate to
  132  presumptive and effective parole release dates and an
  133  explanation of the institutional conduct record and satisfactory
  134  release plan for parole supervision as each relates to parole
  135  release.
  136         (2) Based on the objective parole guidelines and any other
  137  competent evidence relevant to aggravating and mitigating
  138  circumstances, the commission investigator hearing examiner
  139  shall, within 10 days after the interview, recommend in writing
  140  to a panel of no fewer than two commissioners appointed by the
  141  chair a presumptive parole release date for the inmate. The
  142  chair shall assign cases to such panels on a random basis,
  143  without regard to the inmate or to the commissioners sitting on
  144  the panel. If the recommended presumptive parole release date
  145  falls outside the matrix time ranges as determined by the
  146  objective parole guidelines, the commission investigator hearing
  147  examiner shall include with the recommendation a statement in
  148  writing as to the reasons for the decision, specifying
  149  individual particularities. If a panel fails to reach a decision
  150  on a recommended presumptive parole release date, the chair or
  151  any other commissioner designated by the chair shall cast the
  152  deciding vote. Within 90 days after the date of the initial
  153  interview, the inmate shall be notified in writing of the
  154  decision as to the inmate’s presumptive parole release date.
  155         Section 8. Subsection (1) and paragraph (e) of subsection
  156  (4) of section 947.16, Florida Statutes, are amended to read:
  157         947.16 Eligibility for parole; initial parole interviews;
  158  powers and duties of commission.—
  159         (1) Every person who has been convicted of a felony or who
  160  has been convicted of one or more misdemeanors and whose
  161  sentence or cumulative sentences total 12 months or more, who is
  162  confined in execution of the judgment of the court, and whose
  163  record during confinement or while under supervision is good,
  164  shall, unless otherwise provided by law, be eligible for
  165  interview for parole consideration of her or his cumulative
  166  sentence structure as follows:
  167         (a) An inmate who has been sentenced for an indeterminate
  168  term or a term of 3 years or less shall have an initial
  169  interview conducted by a commission investigator hearing
  170  examiner within 8 months after the initial date of confinement
  171  in execution of the judgment.
  172         (b) An inmate who has been sentenced for a minimum term in
  173  excess of 3 years but of less than 6 years shall have an initial
  174  interview conducted by a commission investigator hearing
  175  examiner within 14 months after the initial date of confinement
  176  in execution of the judgment.
  177         (c) An inmate who has been sentenced for a minimum term of
  178  6 or more years but other than for a life term shall have an
  179  initial interview conducted by a commission investigator hearing
  180  examiner within 24 months after the initial date of confinement
  181  in execution of the judgment.
  182         (d) An inmate who has been sentenced for a term of life
  183  shall have an initial interview conducted by a commission
  184  investigator hearing examiner within 5 years after the initial
  185  date of confinement in execution of the judgment.
  186         (e) An inmate who has been convicted and sentenced under
  187  ss. 958.011-958.15, or any other inmate who has been determined
  188  by the department to be a youthful offender, shall be
  189  interviewed by a commission investigator parole examiner within
  190  8 months after the initial date of confinement in execution of
  191  the judgment.
  192         (4) A person who has become eligible for an initial parole
  193  interview and who may, according to the objective parole
  194  guidelines of the commission, be granted parole shall be placed
  195  on parole in accordance with the provisions of this law; except
  196  that, in any case of a person convicted of murder, robbery,
  197  burglary of a dwelling or burglary of a structure or conveyance
  198  in which a human being is present, aggravated assault,
  199  aggravated battery, kidnapping, sexual battery or attempted
  200  sexual battery, incest or attempted incest, an unnatural and
  201  lascivious act or an attempted unnatural and lascivious act,
  202  lewd and lascivious behavior, assault or aggravated assault when
  203  a sexual act is completed or attempted, battery or aggravated
  204  battery when a sexual act is completed or attempted, arson, or
  205  any felony involving the use of a firearm or other deadly weapon
  206  or the use of intentional violence, at the time of sentencing
  207  the judge may enter an order retaining jurisdiction over the
  208  offender for review of a commission release order. This
  209  jurisdiction of the trial court judge is limited to the first
  210  one-third of the maximum sentence imposed. When any person is
  211  convicted of two or more felonies and concurrent sentences are
  212  imposed, then the jurisdiction of the trial court judge as
  213  provided herein applies to the first one-third of the maximum
  214  sentence imposed for the highest felony of which the person was
  215  convicted. When any person is convicted of two or more felonies
  216  and consecutive sentences are imposed, then the jurisdiction of
  217  the trial court judge as provided herein applies to one-third of
  218  the total consecutive sentences imposed.
  219         (e) Upon receipt of notice of intent to retain jurisdiction
  220  from the original sentencing judge or her or his replacement,
  221  the commission shall, within 10 days, forward to the court its
  222  release order, the findings of fact, the commission
  223  investigator’s parole hearing examiner’s report and
  224  recommendation, and all supporting information upon which its
  225  release order was based.
  226         Section 9. Subsections (1), (2), and (4) of section
  227  947.174, Florida Statutes, are amended to read:
  228         947.174 Subsequent interviews.—
  229         (1)(a) For any inmate, except an inmate convicted of an
  230  offense enumerated in paragraph (b), whose presumptive parole
  231  release date falls more than 2 years after the date of the
  232  initial interview, a commission investigator hearing examiner
  233  shall schedule an interview for review of the presumptive parole
  234  release date. Such interview shall take place within 2 years
  235  after the initial interview and every 2 years thereafter.
  236         (b) For any inmate convicted of murder or attempted murder;
  237  sexual battery or attempted sexual battery; kidnapping or
  238  attempted kidnapping; or robbery, burglary of a dwelling,
  239  burglary of a structure or conveyance, or breaking and entering,
  240  or the attempt thereof of any of these crimes, in which a human
  241  being is present and a sexual act is attempted or completed, or
  242  any inmate who has been sentenced to a 25-year minimum mandatory
  243  sentence previously provided in s. 775.082, and whose
  244  presumptive parole release date is more than 7 years after the
  245  date of the initial interview, a commission investigator hearing
  246  examiner shall schedule an interview for review of the
  247  presumptive parole release date. The interview shall take place
  248  once within 7 years after the initial interview and once every 7
  249  years thereafter if the commission finds that it is not
  250  reasonable to expect that parole will be granted at a hearing
  251  during the following years and states the bases for the finding
  252  in writing. For an inmate who is within 7 years of his or her
  253  tentative release date, the commission may establish an
  254  interview date before the 7-year schedule.
  255         (c) Such interviews shall be limited to determining whether
  256  or not information has been gathered which might affect the
  257  presumptive parole release date. The provisions of this
  258  subsection shall not apply to an inmate serving a concurrent
  259  sentence in another jurisdiction pursuant to s. 921.16(2).
  260         (2) The commission, for good cause, may at any time request
  261  that a commission investigator hearing examiner conduct a
  262  subsequent hearing according to the procedures outlined in this
  263  section. Such request shall specify in writing the reasons for
  264  such review.
  265         (4) The department or a commission investigator hearing
  266  examiner may recommend that an inmate be placed in a work
  267  release program prior to the last 18 months of her or his
  268  confinement before the presumptive parole release date. If the
  269  commission does not deny the recommendation within 30 days of
  270  the receipt of the recommendation, the inmate may be placed in
  271  such a program, and the department shall advise the commission
  272  of the fact prior to such placement.
  273         Section 10. Subsection (1) of section 947.1745, Florida
  274  Statutes, is amended to read:
  275         947.1745 Establishment of effective parole release date.—If
  276  the inmate’s institutional conduct has been satisfactory, the
  277  presumptive parole release date shall become the effective
  278  parole release date as follows:
  279         (1) Within 90 days before the presumptive parole release
  280  date, a commission investigator hearing examiner shall conduct a
  281  final interview with the inmate in order to establish an
  282  effective parole release date and parole release plan. If it is
  283  determined that the inmate’s institutional conduct has been
  284  unsatisfactory, a statement to this effect shall be made in
  285  writing with particularity and shall be forwarded to a panel of
  286  no fewer than two commissioners appointed by the chair.
  287         Section 11. Subsection (1) of section 947.22, Florida
  288  Statutes, is amended to read:
  289         947.22 Authority to arrest parole violators with or without
  290  warrant.—
  291         (1) If a member of the commission or a duly authorized
  292  representative of the commission has reasonable grounds to
  293  believe that a parolee has violated the terms and conditions of
  294  her or his parole in a material respect, such member or
  295  representative may issue a warrant for the arrest of such
  296  parolee. The warrant shall be returnable before a member of the
  297  commission or a duly authorized representative of the
  298  commission. The commission, a commissioner, or a commission
  299  investigator parole examiner with approval of the commission
  300  parole examiner supervisor, may release the parolee on bail or
  301  her or his own recognizance, conditioned upon her or his
  302  appearance at any hearings noticed by the commission. If not
  303  released on bail or her or his own recognizance, the parolee
  304  shall be committed to jail pending hearings pursuant to s.
  305  947.23. The commission, at its election, may have the hearing
  306  conducted by one or more commissioners or by a duly authorized
  307  representative of the commission. Any parole and probation
  308  officer, any officer authorized to serve criminal process, or
  309  any peace officer of this state is authorized to execute the
  310  warrant.
  311         Section 12. Effective July 1, 2016, paragraph (h) of
  312  subsection (1) of section 960.001, Florida Statutes, is amended
  313  to read:
  314         960.001 Guidelines for fair treatment of victims and
  315  witnesses in the criminal justice and juvenile justice systems.—
  316         (1) The Department of Legal Affairs, the state attorneys,
  317  the Department of Corrections, the Department of Juvenile
  318  Justice, the Florida Commission on Offender Review, the State
  319  Courts Administrator and circuit court administrators, the
  320  Department of Law Enforcement, and every sheriff’s department,
  321  police department, or other law enforcement agency as defined in
  322  s. 943.10(4) shall develop and implement guidelines for the use
  323  of their respective agencies, which guidelines are consistent
  324  with the purposes of this act and s. 16(b), Art. I of the State
  325  Constitution and are designed to implement s. 16(b), Art. I of
  326  the State Constitution and to achieve the following objectives:
  327         (h) Return of property to victim.—
  328         1.A law enforcement agency agencies and the state attorney
  329  shall promptly return a victim’s property held for evidentiary
  330  purposes unless there is a compelling law enforcement reason for
  331  retaining it. The trial or juvenile court exercising
  332  jurisdiction over the criminal or juvenile proceeding may enter
  333  appropriate orders to implement this subsection, including
  334  allowing photographs of the victim’s property to be used as
  335  evidence at the criminal trial or the juvenile proceeding in
  336  place of the victim’s property if no related substantial
  337  evidentiary issue related thereto is in dispute.
  338         2. A law enforcement agency shall give a victim
  339  instructions that outline the process for a replevin action and
  340  the procedures specified in s. 539.001(15) for obtaining
  341  possession of the victim’s property located in a pawnshop. If a
  342  law enforcement agency locates the property in the possession of
  343  a pawnbroker, the law enforcement agency shall promptly make
  344  reasonable efforts to provide the victim with the name and
  345  location of the pawnshop.
  346         Section 13. Subsection (2) of section 20.32, Florida
  347  Statutes, is amended to read:
  348         20.32 Florida Commission on Offender Review.—
  349         (2) All powers, duties, and functions relating to the
  350  appointment of the Florida Commission on Offender Review as
  351  provided in s. 947.02 or s. 947.021 shall be exercised and
  352  performed by the Governor and Cabinet. Except as provided in s.
  353  947.021, Each appointment shall be made from among the first
  354  three eligible persons on the list of the persons eligible for
  355  said position.
  356         Section 14. Except as otherwise expressly provided in this
  357  act, this act shall take effect upon becoming a law.

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