Florida Statute 947.174 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 947
FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE

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F.S. 947.174

947.174 Subsequent interviews.—

(1)(a) For any inmate, except an inmate convicted of an offense enumerated in paragraph (b), whose presumptive parole release date falls more than 2 years after the date of the initial interview, a hearing examiner shall schedule an interview for review of the presumptive parole release date. Such interview shall take place within 2 years after the initial interview and every 2 years thereafter.

(b) For any inmate convicted of murder or attempted murder; sexual battery or attempted sexual battery; kidnapping or attempted kidnapping; or robbery, burglary of a dwelling, burglary of a structure or conveyance, or breaking and entering, or the attempt thereof of any of these crimes, in which a human being is present and a sexual act is attempted or completed, or any inmate who has been sentenced to a 25-year minimum mandatory sentence previously provided in s. 775.082, and whose presumptive parole release date is more than 7 years after the date of the initial interview, a hearing examiner shall schedule an interview for review of the presumptive parole release date. The interview shall take place once within 7 years after the initial interview and once every 7 years thereafter if the commission finds that it is not reasonable to expect that parole will be granted at a hearing during the following years and states the bases for the finding in writing. For an inmate who is within 7 years of his or her tentative release date, the commission may establish an interview date before the 7-year schedule.

(c) Such interviews shall be limited to determining whether or not information has been gathered which might affect the presumptive parole release date. The provisions of this subsection shall not apply to an inmate serving a concurrent sentence in another jurisdiction pursuant to s. 921.16(2).

(2) The commission, for good cause, may at any time request that a hearing examiner conduct a subsequent hearing according to the procedures outlined in this section. Such request shall specify in writing the reasons for such review.

(3) The department shall, within a reasonable amount of time, make available and bring to the attention of the commission such information as is deemed important to the review of the presumptive parole release date, including, but not limited to, current progress reports, psychological reports, and disciplinary reports.

(4) The department or a hearing examiner may recommend that an inmate be placed in a work-release program prior to the last 18 months of her or his confinement before the presumptive parole release date. If the commission does not deny the recommendation within 30 days of the receipt of the recommendation, the inmate may be placed in such a program, and the department shall advise the commission of the fact prior to such placement.

(5) For purposes of this section, the commission shall develop and make available to all inmates guidelines which:

(a) Define what constitutes an unsatisfactory institutional record. In developing such guidelines, the commission shall consult with the department.

(b) Define what constitutes a satisfactory release plan and what constitutes verification of the plan prior to placement on parole.

History.—s. 15, ch. 78-417; s. 9, ch. 79-42; s. 4, ch. 79-310; s. 6, ch. 81-322; s. 13, ch. 82-171; s. 34, ch. 83-131; s. 37, ch. 86-183; ss. 21, 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1675, ch. 97-102; s. 2, ch. 97-289; s. 2, ch. 2010-95; s. 2, ch. 2013-119.

F.S. 947.174 on Google Scholar

F.S. 947.174 on Casetext

Amendments to 947.174

Arrestable Offenses / Crimes under Fla. Stat. 947.174

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 947.174.

Annotations, Discussions, Cases:

Cases Citing Statute 947.174

Total Results: 20

Coto v. Florida Commission on Offender Review

Court: District Court of Appeal of Florida | Date Filed: 2024-05-01

Snippet: consideration . . . .” (emphasis supplied). And section 947.174(1)(b), Florida Statutes, states that “[f]or any

State of Florida v. Budry Michel

Court: Supreme Court of Florida | Date Filed: 2018-11-01

Snippet: Supreme Court in Miller. For example, under section 947.174(3), Florida Statutes, the presumptive parole release

State of Florida v. Budry Michel

Court: Supreme Court of Florida | Date Filed: 2018-07-12

Citation: 257 So. 3d 3

Snippet: Miller . For example, under section 947.174(3), Florida Statutes, the presumptive parole release

Rooks v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-07-12

Citation: 224 So. 3d 272, 2017 WL 2960766, 2017 Fla. App. LEXIS 9962

Snippet: affect the presumptive parole release date. § 947.174, Fla. Stat. (2015). When the inmate’s presumptive

Angelo Atwell v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-05-26

Citation: 197 So. 3d 1040, 41 Fla. L. Weekly Supp. 244, 2016 WL 3010795, 2016 Fla. LEXIS 1124

Snippet: extended presumptive parole release date, section 947.174, Florida Statutes, requires a subsequent interview

Glenn Battle v. Florida Commission on Offender Review

Court: District Court of Appeal of Florida | Date Filed: 2016-03-03

Citation: 188 So. 3d 10, 2016 WL 852406

Snippet: period between reviews is established by section 947.174(l)(b), Florida Statutes, which provides for a review

Spradley v. Parole Commission

Court: District Court of Appeal of Florida | Date Filed: 2015-09-09

Citation: 198 So. 3d 642, 2015 Fla. App. LEXIS 13438, 2015 WL 5559801

Snippet: Fla. Admin. Code R. 23-21.0155 2 ; § 947.174, Fla. *644 Stat. (1998) 3

Angel Barreiro v. Florida Commission on Offender Review

Court: District Court of Appeal of Florida | Date Filed: 2015-06-10

Citation: 164 So. 3d 1249

Snippet: interview” for March 2014 pursuant to section 947.174(l)(b), Florida Statutes (2008). Barreiro filed

Franklin v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-05-19

Citation: 141 So. 3d 210

Snippet: See §§ 947.13(l)(a), 947.16(4)-(5), 947.172, 947.174(2)-(3), Fla. Stat. (2013). If the Parole Commission

Tuff v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-05-19

Citation: 732 So. 2d 461, 1999 WL 312294

Snippet: retroactive application of the 1997 amendment to section 947.174, Florida Statutes, to him was *462 unconstitutional

Gomez v. Singletary

Court: Supreme Court of Florida | Date Filed: 1998-12-24

Citation: 733 So. 2d 499, 1998 WL 892663

Snippet: Laws of Fla. [3] See, e.g., §§ 947.165, 947.173, 947.174, Fla. Stat. (discussing Parole Commission's duties

Meola v. Department of Corrections

Court: Supreme Court of Florida | Date Filed: 1998-12-24

Citation: 732 So. 2d 1029, 1998 WL 904304

Snippet: See §§ 947.002(2), 947.165, 947.172, 947.173, 947.174, 947.1745, 947.1746, Fla. Stat. (1995). [8] Article

Johnson v. Florida Parole Commission

Court: District Court of Appeal of Florida | Date Filed: 1992-12-15

Citation: 610 So. 2d 624, 1992 Fla. App. LEXIS 12790, 1992 WL 365461

Snippet: changed after several subsequent biennial reviews. § 947.174, Fla. Stat. (1991). On January 3, 1991, Johnson

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-01-17

Citation: 592 So. 2d 1199, 1992 Fla. App. LEXIS 490, 1992 WL 10900

Snippet: notice shall stay the time requirements of s. 947.174. The purpose of the statute is to prohibit parole

Sheley v. Florida Parole & Probation Commission

Court: District Court of Appeal of Florida | Date Filed: 1986-09-25

Citation: 496 So. 2d 854, 11 Fla. L. Weekly 2050, 1986 Fla. App. LEXIS 9852

Snippet: to change the restructured PPRD. Under section 947.174(1), Florida Statutes, biennial reviews are “limited

Florida Parole & Probation Commission v. Cunard

Court: District Court of Appeal of Florida | Date Filed: 1986-02-12

Citation: 490 So. 2d 88, 11 Fla. L. Weekly 397, 1986 Fla. App. LEXIS 6376

Snippet: must determine whether to authorize the EPRD. § 947.-174(6), Fla.Stat. (1981) (now § 947.1745, *91Fla.Stat

Wainwright v. Taylor

Court: Supreme Court of Florida | Date Filed: 1985-10-03

Citation: 476 So. 2d 669, 10 Fla. L. Weekly 540

Snippet: release date established pursuant to sections 947.174(6)(b) and 947.18, Florida Statutes (1981), has

FLORIDA PAROLE AND PROBATION COM'N v. Paige

Court: Supreme Court of Florida | Date Filed: 1985-01-17

Citation: 462 So. 2d 817, 10 Fla. L. Weekly 57, 1985 Fla. LEXIS 2879

Snippet: authorize the effective parole release date." § 947.174(6), Fla. Stat. (1981) (now § 947.1745, Fla. Stat

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-11-28

Citation: 459 So. 2d 1151

Snippet: periodically. See Sections 947.16(1)(a), 947.172(2), and 947.174, Florida Statutes. Although no specific objection

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-04-19

Snippet: However, to the extent that ss947.16, 947.172, 947.174, 947.1745, and 947.1746, F.S., provide that the