ROBERT LEE GREER, PETITIONER,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, RESPONDENT
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The Florida Parole and Probation Commission violated statutory duty by refusing to establish a presumptive parole release date (PPRD) for an inmate with a mandatory minimum sentence until the minimum term expired. The court held that the Commission must establish a PPRD for all eligible inmates within statutory timeframes regardless of mandatory minimum requirements.
The Commission is under a clear legal duty to establish a presumptive parole release date for every eligible inmate within six months or one year from initial confinement, regardless of mandatory minimum sentences. The Commission's administrative rule prohibiting PPRD assignment until mandatory minimums expire is invalid, and the Commission must establish a PPRD for petitioner within 15 days and henceforth timely establish such dates for all inmates with mandatory minimums.
[1] A parole commission has a legal duty to establish a presumptive parole release date for every eligible inmate within statutory time limits, regardless of whether the inma…
[2] A parole commission rule that prevents the assignment of presumptive parole release dates until an inmate has served their mandatory minimum term is invalid.
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Join FLexlaw to unlock all legal intelligence“the Commission is under a clear legal duty to establish, within six months or one year from the date of initial confinement, a presumptive parole release date for every inmate eligible for parole consideration, regardless of when he may actually be released on parole.”
States the core holding that statutory duty to establish PPRDs applies uniformly to all eligible inmates without exception for mandatory minimums
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Join FLexlaw to unlock all legal intelligencePetitioner was sentenced in November 1978 to 5 years imprisonment with a mandatory minimum of 3 years for aggravated assault. The Commission refused t…
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PER CURIAM.
Petitioner was sentenced in November, 1978, to a term of 5 years with a minimum mandatory period of 3 years for the crime of aggravated assault. Petitioner asserts the Commission refuses to establish a presumptive parole release date for him and will not set a date until he has served his mandatory minimum term. Responding to this Court’s inquiry, the Commission affirmatively acknowledged petitioner’s claim, noting its rule which specifies that “. . . the Commission will not assign presumptive parole release dates to persons serving mandatory minimum sentences until they have served the mandatory minimum.” Fla.Admin.Code, Rule 23-19.02(2)(d).
Our review of the relevant statutory provisions of Chapter 947, Florida Statutes (1979), leads us to conclude that the Commission is under a clear legal duty to establish, within six months or one year from the date of initial confinement, a presumptive parole release date for every inmate eligible for parole consideration, regardless of when he may actually be released on parole.1 See 1979 Op.Att’y.Gen.Fla. 079-92 (Oct. 10, 1979). Furthermore, we note the Parole Commission’s response indicates action inconsistent with its argued position. In particular, the Commission states that the instant petitioner is scheduled to have his initial interview some eight months prior to the expiration of his minimum mandatory term of imprisonment. It appears that the Commission is establishing a date at its convenience rather than at the expiration of an inmate’s minimum mandatory term of imprisonment or within the time limits imposed by the statutes. Section 947.16, Florida Statutes (1979), does not permit such an exercise of discretion. Finding Rule 23-19.-02(2)(d), Florida Administrative Code invalid, we hereby order the Commission to establish a presumptive parole release date for petitioner within 15 days, if such has not already been established, and henceforth timely establish presumptive parole release dates for all inmates with mandatory minimum sentences, if they are otherwise entitled to such dates.
McCORD, ROBERT P. SMITH, Jr. and ERVIN, JJ., concur. . Section 947.16(1), Fla.Stat. (1979), provides that:
Every person who has been, or who may hereafter be, convicted of a felony or who has been convicted of one or more misdemeanors and whose sentence or cumulative sentences total 12 months or more, who is confined in execution of the judgment of the court, and whose record during confinement is good, shall, unless otherwise provided by law, be eligible for consideration for parole. An inmate who has been sentenced for an indeterminate term or a term of five years or less shall have an initial interview conducted by a hearing examiner panel within six months after the initial date of confinement in execution of the judgment. An inmate who has been sentenced for a minimum term in excess of five years shall have an initial interview conducted by a hearing examiner panel within one year after the initial date of confinement in execution of the judgment. An inmate convicted of a capital crime shall be interviewed at the discretion of the Commission. As used in this section, the term “confined” shall be deemed to include presence in any appropriate treatment facility, public or private, by virtue of transfer from the Department of Corrections under any applicable law. (emphasis supplied)
Section 947.16(2), Fla.Stat. (1979), provides:
An initial hearing may be postponed for a period not to exceed 60 days. Such postponement shall be for good cause, and the reasons therefor shall be noted in writing and included in the official record. However, in no case shall such postponement result in a hearing being conducted any time later than one year after the initial date the inmate is confined in execution of the judgment of the court, (emphasis supplied)
While Section 947.16 does contain several exceptions under which an inmate is not entitled to have his PPRD established within a short time from his initial confinement, no such exception speaks to minimum mandatory terms.
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Oishi v. Fla. Parole & Prob. Comm'n, 418 So. 2d 329 (Fla. 1st DCA 1982)…-21.-05(2) requires the Commission to schedule inmates with sentences of five years or less for initial interviews by the end of the fifth month of their confinement. See also, Hayes v. FPPC, 414 So. 2d 648 (Fla. 1st DCA 1982): Greer v. [*330] FPPC, 403 So. 2d 1000 (Fla. 1st DCA 1981); James v. FPPC, 395 So. 2d 197 (Fla. 1st DCA 1981); and Battis v. FPPC, 386 So. 2d 295 (Fla. 1st DCA 1980). . On this same day, we issued similar orders in the following cases: Matsen v. FPPC, Case No. AK-451; McKee v. FPPC, Cas…
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King v. Fla. Parole Comm'n, 614 So. 2d 1183 (Fla. 1st DCA 1993)…v. State, 561 So. 2d 562, 563 (Fla.1990). Section 947.146(4) requires the authority to establish a control release date unless the inmate is disqualified by one of the exclusions of this statute. Cf. Greer v. Florida Parole and Probation Commission, 403 So. 2d 1000 (Fla. 1st DCA 1981) (commission has clear legal duty to establish petitioner’s presumptive parole release date). While section 947.146 provides that a prisoner has no right to control release, King is not seeking control release but is asking for pr…
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McKEE v. Fla. Parole & Prob. Comm'n, 424 So. 2d 865 (Fla. 1st DCA 1982)…s amended on September 10,1981, in determining his presumptive parole release date. Appellant, who received a minimum mandatory sentence, was one of those inmates affected by this court’s decision in Greer v. Florida Parole and Probation Commission, 403 So. 2d 1000 (Fla. 1st DCA 1981). He was interviewed initially on October 29, 1981, pursuant to that decision. The crimes for which appellant is now incarcerated were committed in 1975 and in February, 1979, before the original objective parole guidelines were…
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