CopyCited 70 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 23655
...Such an interest arises only when a parole statute provides that specific conditions mandate release. See id. at 688 . Although much of the Florida statute is written in mandatory terms, 2 the ultimate parole decision is a matter of Parole Commission discretion. See id. Section 947.002 specifically provides that parole is granted only when the Commission finds a reasonable probability that a prisoner will live as a respectable law-abiding person, that he will be suitably employed and that his release is compatible with the best interests of society and himself....
CopyCited 32 times | Published | Florida 1st District Court of Appeal
...We are not asked to decide in this appeal whether the Florida Objective Parole Guidelines Act of 1978 provides a protectible expectation of parole to an inmate. Nevertheless, we note that the purpose of the Act was to replace a system which had formerly determined parole solely by subjective standards. See Section 947.002(1)....
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 19632
...See Moore,
289 So.2d at 720 . B. In 1978, the Florida Legislature passed the Parole Act because the previous system lacked objective criteria for parole decision making and, thus, was “subject to allegations of arbitrary and capricious release [decisions].” Fla.Stat.Ann. §
947.002(1) (1983 Supp.)....
...of parole, subject to modification based on change of circumstances.” Fla.Stat.Ann. §
947.18 (1983 Supp.). 9 . For example, parole is still a matter of executive grace; inmates have no liberty interest in, or entitlement to, parole. Fla.Stat.Ann. §
947.002(6) (1983 Supp.); see also Staton v....
CopyCited 14 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 57, 1985 Fla. LEXIS 2879
...that Florida's Objective Parole Guidelines Act has restricted the Commission's previously unbounded discretion in granting parole. The Objective Parole Guidelines Act's ultimate intent is to prevent arbitrary and capricious action by the Commission. § 947.002(1), Fla....
CopyCited 13 times | Published | Supreme Court of Florida
...e legislature passed the Objective Parole Guidelines Act of 1978, chapter 78-417, Laws of Florida. The intent of that act was to cure the abuses of unbridled discretion, and present a fair and objective set of standards applicable to parole matters. § 947.002, Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 10537, 1993 WL 414240
...The elaborate procedural requirements laid out in chapter 947, Florida Statutes, and the implementing rules in chapter 23-21, Florida Administrative Code, are obviously intended to accomplish the purpose of the "Objective Parole Guidelines Act of 1978" that is, as stated in section 947.002, "to establish *938 an objective means for determining and establishing parole dates for inmates" and thereby eliminate the lack of "objective criteria for paroling" and "allegations of arbitrary and capricious release and, therefore, potential abuses." § 947.002(1), Fla....
...that Florida's Objective Parole Guidelines Act has restricted the Commission's previously unbounded discretion in granting parole. The Objective Parole Guidelines Act's ultimate intent is to prevent arbitrary and capricious action by the Commission. § 947.002(1), Fla....
...If the Commission does not give consideration to all such matters, it fails to give recognition to the Parole Act's stated objective of establishing objective criteria to govern decisions for granting release on parole and eliminate "allegations of arbitrary and capricious release and, therefore, potential abuses." § 947.002(1), Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 20095
...role decisions are made, thereby reaching the same date previously established. This it cannot do. The purpose of the Objective Parole Guidelines Act of 1978 was to replace a system which had formerly decided parole solely by subjective methods. See Section 947.002 and Daniels v....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...The commission asserts that in order to apply the objective parole criteria promulgated pursuant to the legislative command, the commission must be in possession of sufficient information upon which to evaluate the inmate. Our attention is directed to § 947.002(2), Florida Statutes, wherein the legislature advises that "objective parole criteria will be designed to give primary weight to the seriousness of the offender's present criminal offense and his past criminal record." The salient factors...
CopyCited 9 times | Published | Supreme Court of Florida
...Importantly, the statute requires “primary
weight” in the consideration of parole to be given “to the seriousness
of the offender’s present offense”—here, the most serious offense of
first-degree murder—“and the offender’s past criminal record.”
§ 947.002, Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636
...We have considered each of these contentions and find that none of them supports the Commission's contention that section
57.085(10) is inapplicable to actions challenging an inmate's PPRD calculation. Chapter 947 sets forth the legislative scheme governing parole in this state. We recognize that section
947.002, Florida Statutes (2009), titled "Intent," confirms that parole is not a matter of right, but is one of legislative grace. §
947.002(5), Fla....
...ded in section
947.18.' [ May v. Fla. Parole & Prob. Comm'n,
435 So.2d 834, 837 (Fla. 1983)].... On the record before us, we find no abuse of discretion by the Commission in declining at this time to set an effective parole release date."); see also §
947.002(5), Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 244, 2016 WL 3010795, 2016 Fla. LEXIS 1124
...ole for the armed robbery. As mandated by the existing statutory scheme, Florida’s parole process requires “primary weight” to be given to the “seriousness of the offender’s present offense and the offender’s past criminal record.” See § 947.002, Fla....
...ive parole guidelines. Id. Under Florida statutory law, the objective parole criteria applied by the Commission must “give primary weight to the seriousness of the offender’s present criminal offense and the offender’s past criminal record.” § 947.002, Fla....
...Importantly, the statute requires “primary weight” in the consideration of parole to be given “to the seriousness of the offender’s present offense” — here, the most serious offense of first-degree murder — “and the offender’s past criminal record.” § ,947.002, Fla....
...nished culpability of juveniles” during its parole hearings for juvenile offenders. W. Va.Code § 62-12-13b(b) (2015). In Florida, however, the decision to parole an inmate “is ah act of grace of the state and shall not be considered a right.” § 947.002(5), Fla. Stat. By statute, the objective parole criteria .must “give primary weight to 'the seriousness of the offender’s present criminal offense and the offender’s past criminal record.” .§ 947.002(2), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
The chapter contemplates an objective system, Section
947.02, Fla. Stat. (1980); the Commission may exercise
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...However, we agree with Payton, supra, and find that Florida's Objective Parole Guidelines Act has restricted the Commission's previously unbounded discretion in granting parole. The Objective Parole Guidelines Act's ultimate intent is to prevent arbitrary and capricious action by the Commission. § 947.002(1), Fla....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 28726, 1993 WL 444020
...that there is no "right" to parole in Florida: "It is the intent of the Legislature that the decision to parole an inmate from the incarceration portion of his sentence is an act of grace of the state and shall not be considered a right." Fla.Stat. § 947.002 (1985)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18424
...[4] As to the first reason that two prior paroles have been revoked, Jackson points out that the most recent parole was almost ten years ago, which could be adequate time in which to rehabilitate himself. While prior record may be the best predictor of recidivism, § 947.002(2), Jackson's actions from over 10 years ago may not, without more, be indicative of his parole prognosis, in view of the rehabilitative function of prisons....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 911, 1998 WL 39400
...will be designed to give primary weight to the seriousness of the offender's present criminal offense and his past criminal record. In considering the risk of recidivism, practice has shown that the best predictor is prior record. (emphasis added). § 947.002(2), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 241, 1991 WL 3176
...This argument lacks merit. First, the legislature has made clear that no inmate has an absolute legal right to receive parole. Instead, the decision to parole an inmate from the incarcerative portion of his sentence is an act of grace extended by the state. § 947.002(6), Fla....
CopyPublished | Florida 2nd District Court of Appeal
prison inmates' eligibility for parole. See §
947.02(1), Fla. Stat. (2022). The Commission on Offender
CopyPublished | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 21317
dates by purely subjective considerations. Section
947.002(1), Florida Statutes. The adoption of the Act
CopyPublished | District Court of Appeal of Florida
prison inmates' eligibility for parole. See §
947.02(1), Fla. Stat. (2022). The Commission on Offender
CopyPublished | Supreme Court of Florida
...Importantly, the statute requires “primary
weight” in the consideration of parole to be given “to the seriousness
of the offender’s present offense”—here, the most serious offense of
first-degree murder—“and the offender’s past criminal record.”
§ 947.002, Fla....
CopyPublished | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 20091
similarly situated prisoners are eliminated. Section
947.002(1) provides: The present system lacks objective
CopyPublished | Florida 2nd District Court of Appeal | 1980 Fla. App. LEXIS 16036
...No error is shown in the Commission’s consideration, during assessment of Hipke’s past criminal record, of an offense committed in another country. The inmate’s entire “past criminal record” is pertinent in the Commission’s assessment of the inmate’s recidivist tendencies. See Section 947.002(2), Florida Statutes (1979)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Nov 21, 2024
discretionary one. Com- pare Fla. Stat. §
947.002(5) (“It is the intent of the Legislature that
