CopyCited 70 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 23655
...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. Thus, even though the PPRD is binding on the Commission, see Fla.Stat.Ann. § 947.172(3), it does not create a liberty interest or require due process protections....
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 19632
...se, first-degree murder, and the likelihood that he would lead a law-abiding life if paroled. The Parole Act authorized the Commission to release petitioner on a date above, below, or within the matrix time range set by the guidelines. Fla.Stat.Ann. §
947.172(3); see also Staton,
665 F.2d at 688, (“the Commission retains substantial discretionary powers over the granting of a parole”)....
...
450 U.S. at 34-36 ,
101 S.Ct. at 967, 968 . In contrast, the Commission’s parole decision, both under the parole system at the time of petitioner’s conviction and under the guidelines, involved the use of discretion and judgment. See Fla.Stat.Ann. §
947.172(2) & (3) (1983 Supp.); Overfield v....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 20095
...This court cannot agree and finds that the statutes clearly point to a different conclusion. Under the circumstances, the Commission was vested with no discretion to change the offense characteristic, or the salient factor score, or to add an additional aggravating factor in its determination of a parole date. Section 947.172(3) unambiguously states that a presumptive parole release date "shall become binding on the commission when agreement on a ......
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16898
...Chapter 947 of Florida Statutes does not explicitly require the Parole and Probation Commission to explain in writing its choice of terms within the Guidelines. Only if a factor influences the Commission to aggravate an inmate's term beyond the Guidelines must a written explanation of that factor be given. Sections 947.172(2), (3), Florida Statutes (1979); Department of Parole and Probation Commission Rules, Ch....
...ore and the severity of offense behavior category shall not be applied as aggravating circumstances." This is, in part, why the reason for a decision outside the Guidelines requires a "statement in writing ... specifying individual particularities." Section 947.172(2), (3)....
CopyCited 9 times | Published | Supreme Court of Florida | 1983 Fla. LEXIS 2673
...The commission shall determine the terms upon which such persons shall be granted parole. In addition to any other lawful condition of parole, the commission may make the payment of the debt due and owing to the state under s.
960.17 a condition of parole, subject to modification based on change of circumstances. [8] §
947.172, Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636
...Stat. (2009). Even so, an inmate who is entitled to consideration for parole is entitled under chapter 947 to an initial determination by the Commission of a PPRD based on objective guidelines and relevant aggravating and mitigating circumstances. Section 947.172, Florida Statutes (2009), "Establishment of presumptive parole release date," provides that a hearing examiner shall conduct an initial interview with the inmate in preparation for recommending a PPRD to a panel of no fewer than two parole commissioners appointed by the Commission chair. § 947.172(2), Fla. Stat. *722 (2009). Under section 947.172(2), Florida Statutes, the hearing examiner's recommendation of a PPRD is to be based on objective parole guidelines and "any other competent evidence relevant to aggravating and mitigating circumstances." § 947.172(2), Fla....
...is not automatic," the PPRD "becomes binding on the Commission in the sense that, once established, it is not to be changed except for reasons of institutional conduct, acquisition of new information ... or for good cause in exceptional circumstances." Id. at 819. This is also reflected in section 947.172(3), which provides in pertinent part: *723 (3) A presumptive parole release date shall become binding on the commission when agreement [by the commissioners] on the presumptive parole release date is reached. Should the presumptive parole release date fall outside the matrix time ranges as determined by the objective parole guidelines, the reasons for this decision shall be stated in writing with individual particularities. § 947.172(3), Fla....
...Cox,
997 So.2d 343, 344 (Fla.2008)). [2] The determination of a PPRD for parole-eligible inmates is required under chapter 947, Florida Statutes. The procedure for that initial determination and for subsequent reviews of the date by the Commission is set forth in sections
947.172-174, Florida Statutes (2009)....
CopyCited 7 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 244, 2016 WL 3010795, 2016 Fla. LEXIS 1124
...ability of youth at the time of the offense as sentencing judges now consider post-Miller — that warrant a decision outside the given matrix time range, but must provide written justification’for altering the presumptive parole release date. See § 947.172(3), Fla....
...(2015); see also Spaziano,
48 So.3d at 723 . • The hearing examiner then makes a written recommendation to the Commission of a presumptive parole release date, *1048 which is reviewed by a panel of no fewer than two commissioners appointed by the chair. §
947.172(2), Fla.' Stat....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...The court held this coincidental revision unlawful: "Under the circumstances, the Commission was vested with no discretion to change the offense characteristic, or the salient factor score, or to add an additional aggravating factor in its determination of a parole date. Section 947.172(3) unambiguously states that a presumptive parole release date `shall become binding on the commission when agreement on a ......
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...a certain period of time for each entitled inmate. The chapter contemplates an objective system, Section
947.02, Fla. Stat. (1980); the Commission may exercise its discretion only in limited circumstances with adequate explanation. Sections
947.165,
947.172, Fla....
...ition of new information not available at the time of the initial interview". Section
947.16(4), Fla. Stat. (1979). While the Legislature intended that presumptive parole release dates be established for many of these inmates more than one year ago, Section
947.172(4), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...ining his presumptive parole release date. He contends that the Commission originally established his presumptive parole release date without any aggravating factors, and thereafter added such a factor without a written statement *534 as required by section
947.172(3), Florida Statutes (1981), and without good cause, contrary to section
947.173(3)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...The court expressly did "not decide the question whether the Parole and Probation Commission would enjoy immunity in all instances including, for example, the negligent parole of a prisoner in direct contravention of a legislatively crafted and judicially imposed mandatory minimum sentence." Berry,
400 So.2d 80, at 86. [3] Section
947.172(3), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 20292
...5th DCA 1981); Pannier v. Wainwright,
423 So.2d 533 (Fla. 5th DCA 1982). We deny the writ. The response to the order to show cause demonstrates that the Commission has corrected an earlier error in computing petitioner's presumptive parole release date. Section
947.172(3), Florida Statutes (1978) does not prevent the correction of a mere clerical error....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19125
...o this court resulting from the Commission's action in denying them, we think it is pertinent to *229 elaborate upon the limited review of the PPRD process pursuant to the statute and rules of the Commission. A PPRD is established in accordance with Section 947.172, and the inmate is entitled to one review by the Commission....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...is not in effect at the time of the crime in determining a prisoner's PPRD. These decisions attempt to distinguish themselves from Weaver, on the basis of the statutory discretion retained by the Commission in establishing prisoners' release dates. Section 947.172, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...ncy decisions which are equivalent to "orders." Section
120.52(2), (9). We need not reach the remaining questions, which are whether the Commission must make substantive rules particularizing "aggravating and mitigating circumstances" as employed in Section
947.172(2) and "good cause in exceptional circumstances" as employed in Section
947.173(3)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 9115, 2006 WL 1565289
...As this court observed in Benton v. Florida Parole and Probation Commission,
418 So.2d 1127, 1128 (Fla. 1st DCA 1982), a decision to aggravate an inmate beyond his matrix time range is within the Commission's discretion, subject only to the limitations of section
947.172, *582 Florida Statutes, governing the establishment of PPRDs, and rule 23-21.010, pertaining to the Commission's decisions outside the matrix time range....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18219
...sions which are equivalent to “orders.” Section
120.52(2), (9). We need not reach the remaining questions, which are whether the Commission must make substantive rules particularizing “aggravating and mitigating circumstances” as employed in Section
947.172(2) and “good cause in exceptional circumstances” as employed in Section
947.173(3)....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19331
...In 1977, he escaped and was at liberty until he was recaptured in 1981. On August 5,1981, he was convicted of escape and was sentenced to serve one year consecutively with the remainder of his prior sentences. His initial parole interview pursuant to § 947.172(1), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20149
...ded aggravations, thereby increasing the length of time that petitioner would have to remain in prison before being paroled and ultimately resulting in no change in the PPRD originally set. Petitioner contends that the Commission’s action violated Section 947.172(3), Florida Statutes, and McKahn v....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1211, 1985 Fla. App. LEXIS 14285
...The issue before us — which does not require passing on the correctness of the opinion — is whether that new interpretation was properly applied to rescind petitioner’s parole after the presumptive parole release date had become effective. 2 Section 947.172(3), Florida Statutes (1983), provides that a presumptive parole release date “shall become binding on the commission when agreement on [a date] is reached.” The presumptive parole release date shall become the effective parole rel...
CopyPublished | Florida 1st District Court of Appeal
...Florida Parole and Probation Commission,
399 So.2d 476 (Fla. 1st DCA 1981). Appellant's PPRD was established by Commission action prior to appellant's filing of his petition for writ of mandamus in the circuit court [6] . This date became binding on the Commission under Section
947.172(3), Florida Statutes (1979)....
...loss, nor has he directly disputed the inference that he has refused to divulge facts within his knowledge that could possibly have led to recovery of the jewelry. [10] The crux of the matter is that the Commission has failed to comply with Sections 947.172(2) and (3), as well as Rule 23-19.03, in that it has not provided an adequate "written explanation" for the twelve-month aggravation....
CopyPublished | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 20091
...The matrix time range does not automatically determine time served, and the Commission in its discretion may aggravate or mitigate the matrix time, setting a release date above or below the matrix, so long as it states its reasons with particu *624 larity. Secs. 947.172(2), .165(1), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19157
...Accordingly, the petitioner alleges that he is entitled to immediate release. For the reasons below, we find petitioner’s argument without merit and deny the petition. On March 17,1981, petitioner received his initial parole interview and the hearing examiners recommended a PPRD of June 2, 1981. See § 947.172(2), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18648
inmate’s institutional conduct record. See Section
947.172, Florida Statutes, and Florida Administrative
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 397, 1986 Fla. App. LEXIS 6376
...if he is placed on parole, he will live and conduct himself as a respectable and law-abiding person and that his release will be compatible with his own welfare and the welfare of society. The establishment of a PPRD is governed by the provisions of Section 947.172, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18692
...Appellant was charged with and convicted of robbery. The trial court sentenced him on December 21, 1976, to a term of forty-five years and we affirmed. Thereafter appellee caused a hearing examiner on September 27, 1979, to hold an initial interview with appellant pursuant to Section 947.172(1), Florida Statutes (1979)....
...The examiner recommended on the Objective Parole Guidelines Worksheet that appellant’s presumptive parole release date be set at November 27, 1979. Appellee rejected the recommendation and set November 20, 1984, as appellant’s presumptive parole release date pursuant to Section 947.172(3), Florida Statutes (1979), Fla.Admin.Code Rule 23-19.03....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20866
Commission, subject to the limitations of section 947.-172(2), (3), Florida Statutes and Florida Administrative
