947.001 Short title.—This chapter shall be known and may be cited as the “Objective Parole Guidelines Act of 1978.” History.—s. 2, ch. 78-417; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2.
947.002 Intent.— (1) It is the purpose of this chapter to establish an objective means for determining and establishing parole dates for inmates. (2) Objective parole criteria will be designed to give primary weight to the seriousness of the offender’s present criminal offense and the offender’s past criminal record. In considering the risk of recidivism, practice has shown […]
947.005 Definitions.—As used in this chapter, unless the context clearly indicates otherwise: (1) “Authority” means the Control Release Authority. (2) “Child care facility” has the same meaning as provided in s. 402.302. (3) “Commission” means the Florida Commission on Offender Review. (4) “Department” means the Department of Corrections. (5) “Effective parole release date” means the actual parole release date as determined […]
947.01 Florida Commission on Offender Review; creation; number of members.—A Florida Commission on Offender Review is created to consist of six members who are residents of the state. Effective July 1, 1996, the membership of the commission shall be three members. History.—s. 1, ch. 20519, 1941; s. 1, ch. 63-83; s. 1, ch. 65-453; s. 30, […]
947.02 Florida Commission on Offender Review; members, appointment.— (1) Except as provided in s. 947.021, the members of the Florida Commission on Offender Review shall be appointed by the Governor and Cabinet from a list of eligible applicants submitted by a parole qualifications committee. The appointments of members of the commission shall be certified to the Senate […]
947.021 Florida Commission on Offender Review; expedited appointments.—Whenever the Legislature decreases the membership of the commission, all terms of office shall expire, notwithstanding any law to the contrary. Under such circumstances, the Governor and Cabinet shall expedite the appointment of commissioners. Notwithstanding the parole qualifications committee procedure in s. 947.02, members shall be directly appointed by […]
947.03 Commissioners; tenure and removal.— (1) Upon the expiration of the term of any member of the commission, a successor shall be appointed by the Governor and Cabinet for a term of 6 years, unless otherwise provided by law. No person is eligible to be appointed for more than two consecutive 6-year terms. (2) Vacancies in the membership […]
947.04 Organization of commission; officers; offices.— (1) Before July 1 of each even-numbered year, the Governor and Cabinet shall select a chair who shall serve for a period of 2 years and until a successor is selected and qualified. The Governor and Cabinet shall, at the same time that a chair is selected, select a vice chair […]
947.045 Federal Grants Trust Fund.—The Federal Grants Trust Fund is hereby created, to be administered by the Florida Commission on Offender Review. (1) Funds to be credited to the trust fund shall consist of receipts from federal grants and shall be used for the various purposes for which the federal funds were intended. (2) Notwithstanding s. 216.301 and […]
947.05 Seal.—The commission shall adopt an official seal of which the courts shall take judicial notice. History.—s. 3, ch. 20519, 1941; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2.
947.06 Meeting; when commission may act.—The commission shall meet at regularly scheduled intervals and from time to time as may otherwise be determined by the chair. The making of recommendations to the Governor and Cabinet in matters relating to modifications of acts and decisions of the chair as provided in s. 947.04(1) shall be by a […]
947.07 Rules.—The commission has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 for its governance, including among other things rules of practice and procedure and rules prescribing qualifications to be possessed by its employees. History.—s. 27, ch. 20519, 1941; s. 1, ch. 23757, 1947; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, […]
947.071 Rulemaking procedures; indexing of orders.— (1) It is the intent of the Legislature that all rulemaking procedures by the commission be conducted pursuant to the Administrative Procedure Act, chapter 120. (2) The only final orders of the commission which shall be indexed pursuant to chapter 120 are: (a) Orders granting parole. (b) Orders revoking parole. (c) Orders restoring to supervision. […]
947.10 Business and political activity upon part of members and full-time employees of commission.—No member of the commission and no full-time employee thereof shall, during her or his service upon or under the commission, engage in any other business or profession or hold any other public office, nor shall she or he serve as the representative […]
947.11 Legal adviser.—The Department of Legal Affairs shall be the legal adviser of the commission. History.—s. 8, ch. 20519, 1941; ss. 11, 35, ch. 69-106; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2.
947.12 Members, employees, expenses.— (1) The members of the commission and its employees shall be reimbursed for travel expenses as provided in s. 112.061. All bills for expenses shall be properly receipted, audited, and approved and forwarded to the Chief Financial Officer and shall be paid in a manner and form as the bills for the expenses […]
947.13 Powers and duties of commission.— (1) The commission shall have the powers and perform the duties of: (a) Determining what persons shall be placed on parole, subject to the provisions of ss. 947.172 and 947.174. (b) Fixing the time and conditions of parole, as provided in this chapter. (c) Determining whether a person has violated parole and taking action […]
947.135 Mutual participation program.— (1) SHORT TITLE.—This act shall be known and may be cited as the “Mutual Participation Program Act of 1976.” (2) LEGISLATIVE INTENT.—It is the intent of the Legislature to: (a) Involve the department and the commission in program planning with the offender while the offender is incarcerated, leading to the establishment of certain criteria affecting […]
947.1405 Conditional release program.— (1) This section and s. 947.141 may be cited as the “Conditional Release Program Act.” (2) Any inmate who: (a) Is convicted of a crime committed on or after October 1, 1988, and before January 1, 1994, and any inmate who is convicted of a crime committed on or after January 1, 1994, which crime […]
947.141 Violations of conditional release, control release, or conditional medical release or addiction-recovery supervision.— (1) If a member of the commission or a duly authorized representative of the commission has reasonable grounds to believe that an offender who is on release supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated the terms and […]
