Florida Statute 947.1745 - Full Text and Legal Analysis

The 2025 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. 947.1745

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.

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F.S. 947.1745 on CourtListener

Amendments to 947.1745

Annotations, Discussions, Cases:

Cases Citing Statute 947.1745

Total Results: 24

Albert E. Paschal v. Louie L. Wainwright, Etc.

738 F.2d 1173, 1984 U.S. App. LEXIS 19632

Court of Appeals for the Eleventh Circuit | Filed: Aug 13, 1984 | Docket: 226696

Cited 29 times | Published

satisfactory “institutional conduct.” Fla.Stat.Ann. § 947.-1745 (1983 Supp.). When petitioner did not maintain

FLORIDA PAROLE AND PROBATION COM'N v. Paige

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

Supreme Court of Florida | Filed: Jan 17, 1985 | Docket: 449562

Cited 14 times | Published

release date." § 947.174(6), Fla. Stat. (1981) (now § 947.1745, Fla. Stat. (1983)). In analyzing the effect

Williams v. Florida Parole Com'n

625 So. 2d 926, 1993 Fla. App. LEXIS 10537, 1993 WL 414240

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 1517601

Cited 13 times | Published

release date, the Commission, as required by section 947.1745, Florida Statutes (1989),[2] and Commission

Angelo Atwell v. State of Florida

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

Supreme Court of Florida | Filed: May 26, 2016 | Docket: 3067645

Cited 7 times | Published

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

Florida Parole Commission v. Spaziano

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

Supreme Court of Florida | Filed: Oct 14, 2010 | Docket: 2399313

Cited 7 times | Published

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

Armour v. FLORIDA PAROLE COM'N

963 So. 2d 305, 2007 Fla. App. LEXIS 12627, 2007 WL 2301308

District Court of Appeal of Florida | Filed: Aug 14, 2007 | Docket: 1697275

Cited 5 times | Published

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

FLORIDA PAROLE & PROBATION COMM. v. Dornau

534 So. 2d 789, 13 Fla. L. Weekly 2534, 1988 Fla. App. LEXIS 5091, 1988 WL 122622

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 372174

Cited 5 times | Published

with a PPRD of April 14, 1987. Pursuant to section 947.1745(4), Florida Statutes (1986 Supp.), the Commission

Gattis v. PAROLE & PROBATION COM'N

535 So. 2d 640, 13 Fla. L. Weekly 2714, 1988 Fla. App. LEXIS 5553, 1988 WL 133955

District Court of Appeal of Florida | Filed: Dec 15, 1988 | Docket: 1306123

Cited 4 times | Published

the arrival of Gattis' PPRD, and pursuant to section 947.1745(4), the Commission sent written notice to

Gaines v. Florida Parole Com'n

743 So. 2d 118, 1999 Fla. App. LEXIS 12519, 1999 WL 743615

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1670313

Cited 3 times | Published

alleged that application to his sentence of section 947.1745(6), Florida Statutes (1997), which requires

Spradley v. Parole Commission

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

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757052

Cited 2 times | Published

was sentenced, of this status. See § 947.1745(6), Fla. Stat. (2012); Fla. Admin. Code R. 23-21

Morris v. FLORIDA PAROLE COM'N

991 So. 2d 431, 2008 Fla. App. LEXIS 14685, 2008 WL 4363093

District Court of Appeal of Florida | Filed: Sep 26, 2008 | Docket: 415627

Cited 1 times | Published

a judicial objection to parole pursuant to section 947.1745(6), Florida Statutes. We find no error in

Tubb v. FLORIDA PAROLE COM'N

580 So. 2d 616, 1991 Fla. App. LEXIS 241, 1991 WL 3176

District Court of Appeal of Florida | Filed: Jan 17, 1991 | Docket: 1716902

Cited 1 times | Published

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

Rooks v. State

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

District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088805

Published

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

William Inmon v. Florida Commission on Offender Review

162 So. 3d 1114, 2015 WL 1747589

District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650238

Published

petitioner being released on parole, as provided by section 947.1745(6), Florida Statutes (2013), did not violate

Hawkins v. Florida Parole Commission

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

District Court of Appeal of Florida | Filed: May 18, 2012 | Docket: 60308303

Published

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

Tooma v. Florida Parole Commission

612 F. Supp. 2d 1255, 2009 U.S. Dist. LEXIS 41810, 2009 WL 1227002

District Court, S.D. Florida | Filed: Apr 10, 2009 | Docket: 2361752

Published

circumstances" to extend the inmate's PPRD. Fla. Stat. § 947.1745. In Tooma's case, the Parole Commission's November

Florida Parole Commission v. Chapman

919 So. 2d 689, 2006 Fla. App. LEXIS 1165, 2006 WL 229552

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 64842080

Published

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

Sanders v. State, Florida Parole Commission

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

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 64796922

Published

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

Harper v. Florida Parole Commission

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

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 64743942

Published

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

Florida Parole Commission v. Jackson

618 So. 2d 766, 1993 WL 152368

District Court of Appeal of Florida | Filed: May 13, 1993 | Docket: 64696432

Published

June 2, 1988, release date, and pursuant to section 947.1745(4), Florida Statutes, the commission sent

Florida Parole Commission v. Snipes

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

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 64695672

Published

notified Snipes’ sentencing court, pursuant to section 947.1745(4),1 that *1178he was being considered for

Johnson v. Florida Parole Commission

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

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64692822

Published

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

Florida Parole & Probation Commission v. Cunard

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

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 64620168

Published

the EPRD. § 947.-174(6), Fla.Stat. (1981) (now § 947.1745, *91Fla.Stat. (1983)). If none of the factors

Moore v. Wainwright

469 So. 2d 882, 10 Fla. L. Weekly 1211, 1985 Fla. App. LEXIS 14285

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 64612246

Published

parole release date interview is discovered. § 947.1745; see also Florida Parole and Probation Commission