947.1745 Establishment of effective parole release date. - Florida Statutes

947.1745 Establishment of effective parole release date.

If the inmate’s institutional conduct has been satisfactory, the presumptive parole release date shall become the effective parole release date as follows:

   (1) Within 90 days before the presumptive parole release date, a hearing examiner shall conduct a final interview with the inmate in order to establish an effective parole release date and parole release plan. If it is determined that the inmate’s institutional conduct has been unsatisfactory, a statement to this effect shall be made in writing with particularity and shall be forwarded to a panel of no fewer than two commissioners appointed by the chair.

   (2) If the panel finds that the inmate’s parole release plan is unsatisfactory, this finding may constitute new information and good cause in exceptional circumstances as described in s. 947.173, under which the panel may extend the presumptive parole release date for not more than 1 year. The panel may review any subsequently proposed parole release plan at any time.

   (3) Within 30 days after receipt of the inmate’s parole release plan, the panel shall determine whether to authorize the effective parole release date. The inmate must be notified of the decision in writing within 30 days after the decision by the panel.

   (4) If an effective date of parole has been established, release on that date is conditioned upon the completion of a satisfactory plan for parole supervision. An effective date of parole may be delayed for up to 60 days by a commissioner without a hearing for the development and approval of release plans.

   (5) An effective date of parole may be delayed by a commissioner for up to 60 days without a hearing based on:

   (a) New information not available at the time of the effective parole release date interview.

   (b) Unsatisfactory institutional conduct which occurred subsequent to the effective parole release date interview.

   (c) The lack of a verified parole release plan.

   (6) Within 90 days before the effective parole release date interview, the commission shall send written notice to the sentencing judge of any inmate who has been scheduled for an effective parole release date interview. If the sentencing judge is no longer serving, the notice must be sent to the chief judge of the circuit in which the offender was sentenced. The chief judge may designate any circuit judge within the circuit to act in the place of the sentencing judge. Within 30 days after receipt of the commission’s notice, the sentencing judge, or the designee, shall send to the commission notice of objection to parole release, if the judge objects to such release. If there is objection by the judge, such objection may constitute good cause in exceptional circumstances as described in s. 947.173, and the commission may schedule a subsequent review within 2 years, extending the presumptive parole release date beyond that time. However, for an inmate who has been:

   (a) Convicted of murder or attempted murder;

   (b) Convicted of sexual battery or attempted sexual battery; or

   (c) Sentenced to a 25-year minimum mandatory sentence previously provided in s. 775.082,

the commission may schedule a subsequent review under this subsection once every 7 years, extending the presumptive parole release date beyond that time if the commission finds that it is not reasonable to expect that parole would be granted at a review during the following years and states the bases for the finding in writing. For any inmate who is within 7 years of his or her release date, the commission may schedule a subsequent review prior to the 7-year schedule. With any subsequent review the same procedure outlined above will be followed. If the judge remains silent with respect to parole release, the commission may authorize an effective parole release date. This subsection applies if the commission desires to consider the establishment of an effective release date without delivery of the effective parole release date interview. Notice of the effective release date must be sent to the sentencing judge, and either the judge’s response to the notice must be received or the time period allowed for such response must elapse before the commission may authorize an effective release date.

History. s. 14, ch. 82-171; s. 34, ch. 83-131; s. 190, ch. 83-216; ss. 33, 37, ch. 86-183; ss. 22, 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 53, ch. 91-110; s. 1, ch. 93-2; s. 9, ch. 93-61; s. 1676, ch. 97-102; s. 3, ch. 97-289; s. 3, ch. 2010-95.