Florida Statute 947.1745 | 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

View Entire Chapter

F.S. 947.1745

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.

(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;

(d) Convicted of 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

(e) 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 an inmate who is within 7 years of his or her release date, the commission may schedule a subsequent review before 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; s. 3, ch. 2013-119.

F.S. 947.1745 on Google Scholar

F.S. 947.1745 on Casetext

Amendments to 947.1745

Arrestable Offenses / Crimes under Fla. Stat. 947.1745

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 947.1745.

Annotations, Discussions, Cases:

Cases Citing Statute 947.1745

Total Results: 20

Rooks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-12T00:00:00-07:00

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

Snippet: date becomes the effective parole release date. § 947.1745, Fla. Stat. (2015). The Commission then engages

Angelo Atwell v. State of Florida

Court: Fla. | Date Filed: 2016-05-26T00:00:00-07:00

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

Snippet: date becomes the effective parole release date. § 947.1745, Fla. Stat. (2015). The Commission then engages

Spradley v. Parole Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-09T00:00:00-07:00

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

Snippet: was sentenced, of this status. See § 947.1745(6), Fla. Stat. (2012); Fla. Admin. Code R. 23-…objected to Mr. Spradley’s release. See § 947.1745(6); Fla. Admin. Code R. 23-21.015(1). 6 … . The pertinent wording of both section 947.1745(6) and rule 23-21.015(1) (2012) is as follows:… . The pertinent wording of both section 947.1745(6) and rule 23-21.015(1) (2012) is as follows:…and the welfare of society. 11 . 947.1745. Establishment of effective parole release date

William Inmon v. Florida Commission on Offender Review

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-16T00:00:00-07:00

Citation: 162 So. 3d 1114, 2015 WL 1747589

Snippet: . [T]he amended section[ ] 947.1745(4) [now codified at 947.1745(6) ] represents] a mere procedural…being released on parole, as provided by section 947.1745(6), Florida Statutes (2013), did not violate the…him being released on parole pursuant to section 947.1745(6) violates the ex post facto clause of the Florida…existence at the time he was convicted. Section 947.1745(6) provides that prior to an effective parole …93-61 § 9, Laws of Fla. (renumbering subsection 947.1745(4) as subsection (6)). Gattis predates

Hawkins v. Florida Parole Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-18T00:00:00-07:00

Citation: 88 So. 3d 436, 2012 WL 1759386, 2012 Fla. App. LEXIS 7981

Snippet: years instead of two years pursuant to Section 947.1745(6), Fla. Stat., not for the continued suspension

Florida Parole Commission v. Spaziano

Court: Fla. | Date Filed: 2010-10-14T00:00:00-07:00

Citation: 48 So. 3d 714, 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636

Snippet: 947.005(5), Fla. Stat. (emphasis added). Section 947.1745, Florida Statutes (2009), directs the Commission

Morris v. FLORIDA PAROLE COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-26T00:53:00-07:00

Citation: 991 So. 2d 431

Snippet: judicial objection to parole pursuant to section 947.1745(6), Florida Statutes. We find no error in the …parole release" within the meaning of section 947.1745(6). WOLF, POLSTON, and ROBERTS, JJ., concur.

Armour v. FLORIDA PAROLE COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-14T00:53:00-07:00

Citation: 963 So. 2d 305

Snippet: Armour's proposed parole release plan. See § 947.1745(5)(a), Fla. Stat. (2005). Armour waived his right

Florida Parole Commission v. Chapman

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-01T00:00:00-08:00

Citation: 919 So. 2d 689, 2006 Fla. App. LEXIS 1165

Snippet: the inmate merely to establish an EPRD. See § 947.1745(1), Fla. Stat. Under the statutory procedure,

Sanders v. State, Florida Parole Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-26T00:00:00-07:00

Citation: 756 So. 2d 236, 2000 Fla. App. LEXIS 4803, 2000 WL 484769

Snippet: have an effective parole release date set. See § 947.1745, Fla. Stat. (1997). The petition for writ of habeas

Gaines v. Florida Parole Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-22T00:53:00-07:00

Citation: 743 So. 2d 118

Snippet: alleged that application to his sentence of section 947.1745(6), Florida Statutes (1997), which requires notification… 1986, the Florida Legislature amended section 947.1745(4), Florida Statutes, to require the Commission…statute was further amended and codified as section 947.1745(6) and now requires the following: If the sentencing… Ferrer, who was appointed pursuant to section 947.1745(6), Florida Statutes (1997), by Chief Judge Rivkind…certiorari proceeding. In it, he alleged that section 947.1745 was unconstitutionally applied to him. He also

Meola v. Department of Corrections

Court: Fla. | Date Filed: 1998-12-23T23:53:00-08:00

Citation: 732 So. 2d 1029

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

Harper v. Florida Parole Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-17T00:00:00-08:00

Citation: 626 So. 2d 336, 1993 Fla. App. LEXIS 11522, 1993 WL 469434

Snippet: of a presumptive parole release date; section 947.1745, Florida Statutes (1991), governs the establishment

Williams v. Florida Parole Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 1993-10-15T00:53:00-07:00

Citation: 625 So. 2d 926

Snippet: section 947.173 found in subsection 947.1745(4). Section 947.1745(4) states that any objection by the …release date, the Commission, as required by section 947.1745, Florida Statutes (1989),[2] and Commission rule… accordance with his PPRD. Pursuant to section 947.1745(4),[3] the Commission notified Judge Beverly by…deferring his release date pursuant to section 947.1745(4) violates the constitutional prohibitions against…raise objections to his parole pursuant to section 947.1745(4) without having reserved jurisdiction to do

Florida Parole Commission v. Jackson

Court: Fla. Dist. Ct. App. | Date Filed: 1993-05-13T00:00:00-07:00

Citation: 618 So. 2d 766, 1993 WL 152368

Snippet: 2, 1988, release date, and pursuant to section 947.1745(4), Florida Statutes, the commission sent written…exceptional circumstances, pursuant to Section 947.1745(4) Florida Statutes, Circuit Judge M. Daniel Futch…exceptional circumstance, pursuant to Section 947.-1745(4) Florida Statutes, the Commission concurs with…order granting mandamus relief which found section 947.1745(4), Flor*769ida Statutes, to be unconstitutional…So.2d 1333 (Fla.1989), which held that sections 947.1745(4) and 947.165, Florida Statutes, are constitutional

Florida Parole Commission v. Snipes

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-16T00:00:00-07:00

Citation: 616 So. 2d 1177, 1993 Fla. App. LEXIS 4328, 1993 WL 116739

Snippet: Snipes’ sentencing court, pursuant to section 947.1745(4),1 that *1178he was being considered for an …trial court granted, stating that although section 947.1745(4) authorizes the Commission to rely upon a general…this case provided a proper basis under section 947.1745(4) for the Commission to modify Snipes’ PPRD. …EXCEPTIONAL CIRCUMSTANCES, AS REQUIRED BY SECTION 947.1745(4), FLORIDA STATUTES (1989), AUTHORIZING THE FLORIDA… BARFIELD and WEBSTER, JJ., concur. . Section 947.1745(4) provides, in part, as follows: Within 90 days

Johnson v. Florida Parole Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-15T00:00:00-08:00

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

Snippet: release date within 90 days before the PPRD. § 947.-1745(1), Fla.Stat. (1991). Accordingly, Johnson has

Tubb v. FLORIDA PAROLE COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-16T23:53:00-08:00

Citation: 580 So. 2d 616

Snippet: institutional conduct has been satisfactory. § 947.1745, Fla. Stat. (1989). More importantly, however,

Gattis v. PAROLE & PROBATION COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-14T23:53:00-08:00

Citation: 535 So. 2d 640

Snippet: corpus and concluded that sections 947.165 and 947.1745(4), Florida Statutes (1987), are constitutional…arrival of Gattis' PPRD, and pursuant to section 947.1745(4), the Commission sent written notice to the … PPRD and arguing that sections 947.165(1) and 947.1745(4) violate the separation of powers provision …judge's objection thereto,[1] amended section 947.1745 to add subsection (4) providing that ... [w]ithin…parole release of an inmate as provided for in s. 947.1745(4), such objection may be used by the commission

FLORIDA PAROLE & PROBATION COMM. v. Dornau

Court: Fla. Dist. Ct. App. | Date Filed: 1988-11-17T23:53:00-08:00

Citation: 534 So. 2d 789

Snippet: a PPRD of April 14, 1987. Pursuant to section 947.1745(4), Florida Statutes (1986 Supp.), the Commission…asserting that the Commission had violated section 947.1745(4) because it did not make a finding that the … parties objected to the release, that section 947.1745(4) was unconstitutional per se and a violation…to establish his EPRD without regard to section 947.1745(4), or to immediately consider him for an EPRD… circumstances." He asserted that section 947.1745(4) is violative of due process, fails to provide