CopyCited 70 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 23655
...When appellant was convicted in 1974, parole was a matter of complete discretion. See Paschal v. Wainwright,
738 F.2d 1173 (11th Cir.1984). It remains so even under the objective parole guidelines of 1978, since parole is still ultimately a matter of discretion. See id. at 1180 (citing Fla.Stat.Ann. §
947.18)....
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 19632
...State,
154 So.2d 701, 703 (Fla.App.1963). If the defendant was serving a prison sentence, the Commission could parole him subject to any conditions that would ensure that his release was “compatible with [his] welfare and the welfare of society.” Fla.Stat.Ann. §
947.18 (1973)....
...releasing him from custody if he showed himself to be a good parole risk. Otherwise, the inmate remained incarcerated for his full term. In deciding whether to grant parole, the Commission considered many criteria. See Fla.Stat.Ann. §§ 947.17(2); 947.18 (1973); Florida Probation and Parole Commission, Twenty-eighth Annual Report (1968)....
...l discipline, whether he took advantage of opportunities for self-improvement while incarcerated, and whether continued incarceration would permit him to avail himself of needed correctional or medical treatment or vocational training. Fla.Stat.Ann. § 947.18 (1973) gave the Commission complete discretion to fashion an inmate’s conditions of release....
...him; they merely clarified the exercise of administrative discretion. Accord, May v. Florida Parole and Probation Commission,
435 So.2d 834 (Fla.1983). Compare Fla.Stat.Ann. §
947.16 (1973) with Fla.Stat.Ann.
947.16(1) (1983 Supp.); see also id. at §
947.18; Florida Probation and Parole Commission, Twenty-eighth Annual Report (1968)....
...In essence, the Commission had the same authority it had under prior law; it could have released petitioner immediately had there been a “reasonable possibility” that his release would “be compatible with his own welfare and the welfare of society.” Fla.Stat.Ann. § 947.18 (1983 Supp.); see also Gobie v....
...Florida Parole and Probation Commission,
410 So.2d 1354 (Fla.App.1982). At the time petitioner committed the murder that led to his incarceration, he was on fair notice that if he received a life sentence he would be subject to parole at the discretion of the Commission. This was not changed. 10 See Fla.Stat.Ann. §
947.18; see also, e.g., Rifai v....
...Under a medical model statute, the Parole Commission operates as a "doctor,” releasing the inmate when he is "cured,” or rehabilitated. 8 . These constraints continued to limit the Commission's power to grant parole under the present sentencing scheme described in subpart B. infra; for in 1977 the Legislature reenacted section 947.18....
...yment of the debt due and owing to the state under §
960.17 or the payment of the attorney’s fees and costs due and owing to a county under § 27.56 a condition of parole, subject to modification based on change of circumstances.” Fla.Stat.Ann. §
947.18 (1983 Supp.)....
CopyCited 21 times | Published | Florida 4th District Court of Appeal
...Thus, the statute did not apply to the individual members of the Parole and Probation Commission. Lastly, we consider count six which charged that the members of the Florida Parole and Probation Commission negligently paroled Rose in violation of the standard established in Section 947.18, Florida Statutes (1969), which provided that: No person shall be placed on parole merely as a reward for good conduct or efficient performance of duties assigned in prison....
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 21804
...Florida Parole & Probation Commission,
674 F.2d 847, 848 (11th Cir.1982). The decision if and when to parole an inmate is left to the discretion of the Commission guided by its own administrative rules. Moore v. Florida Parole & Probation Commission,
289 So.2d 719 (Fla.1974); see Fla.Stat. §
947.18....
CopyCited 17 times | Published | Supreme Court of Florida | 1998 WL 904304
...The PPRD is only an estimated release date. The Parole Commission reserves the right (and the duty) to make the final release decision when the PPRD arrives. Then and only then must the Commission determine whether the inmate meets the "probable law-abiding citizen" test specified in section 947.18, Florida Statutes (1997)....
CopyCited 14 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 57, 1985 Fla. LEXIS 2879
...ay 11, 1982. After a biennial interview in January 1982, his presumptive parole release date was not changed. In March 1982, he was interviewed for the purpose of establishing an effective parole release date. The Commission, thereafter, pursuant to section 947.18, Florida Statutes (1981), changed Paige's presumptive parole release date to May 13, 1989....
...e probability that, if he is placed on parole, Inmate Paige will live and conduct himself as a respectable and lawabiding citizen and that his release will be compatible with his own welfare and the welfare of society as required by Florida Statutes 947.18, in that, Inmate Paige, 33 years of age, has consistently been arrested and convicted for auto theft, escape and breaking and entering; that is, 8/29/69, sentenced to 2 1/2 years for breaking and entering, escaped and received 3 months, escape...
...It, however, vacated that portion of the order declining to set an effective parole release date and remanded to the Commission to establish Paige's effective parole release date subject to the standard provisions of parole. The district court reasoned that the limited discretion remaining with the Commission, pursuant to section 947.18, must be considered in conjunction with the other provisions of the Objective Parole Guidelines Act of 1978, permitting the Commission to change a presumptive parole release date only upon a showing of new information, institutional conduct, or extraordinary circumstances....
...tablished Paige's presumptive parole release date as May 11, 1982. The district court certified the following question: Whether the Commission may decline to authorize a recommended effective parole release date, and thereby deny parole, pursuant to § 947.18, Florida Statutes, solely upon the basis of information which was previously considered, or available for consideration, in setting the inmate's presumptive parole release date. Under the facts of the present case, we hold that the Commission did not abuse its discretion pursuant to section 947.18 in declining to set an effective parole release date. Section 947.18 provides: No person shall be placed on parole until and unless the commission shall find that there is a reasonable probability that, if he is placed on parole, he will live and conduct himself as a respectable and law-abiding person a...
...(1981), requires the Commission to develop and implement objective guidelines "which shall be the criteria upon which parole decisions are made." However, neither the statutes nor the Commission's rules provide guidelines concerning the invocation of § 947.18 to refuse to authorize an EPRD....
...on provided in the Objective Parole Guidelines Act. Gobie v. Florida Parole and Probation Commission,
416 So.2d 838, 840 (Fla. 1st DCA), review denied,
424 So.2d 762 (1982) (footnote omitted). The First District in Gobie emphasized that by retaining section
947.18 as a part of the Objective Parole Guidelines Act in 1978, the legislature reflected its intent to retain ultimate discretion in paroling an inmate with the Commission....
...as criteria upon which to base its parole decisions, chapter 947 leaves the ultimate parole decision to the discretion of the Commission guided by its rules. We held that the adoption and implementation of objective parole guidelines did not render section 947.18 mere surplusage and said that "the use of the terms `guidelines' and `presumptive parole release date' clearly conveys the message that the final parole decision will depend upon the commission's finding that the prisoner meets the conditions provided in section 947.18." Id....
...Although Paige's presumptive parole release date could not be modified absent new information or unfavorable institutional conduct, these strictures did not confine the Commission in properly exercising its discretion to determine that Paige did not meet the requirements of section 947.18....
...release. Fla. Admin. Code Rule 23-21.155. We answer the certified question in the affirmative and hold that the Commission did not abuse its discretion in deciding that Paige does not qualify for parole at this time under the criteria established by section 947.18....
...BOYD, C.J., dissents with an opinion, in which SHAW, J., concurs. BOYD, Chief Justice, dissenting. Mr. Paige's background is such that it is highly understandable that the Commission should not wish to grant him parole, especially in face of what appears to be a direct legislative mandate against it in section 947.18, Florida Statutes (1981). However, the issue presented to us is how section 947.18 can be construed in harmony with the other provisions of the Objective parole Guidelines Act, chapter 947, Florida Statutes (1981)....
...into a sort of entitlement. The prisoner has a right to expect that the timetable of his eligibility, once established, will be followed strictly unless there is a compelling reason against doing so. What, then, is the proper meaning and purpose of section
947.18 and how is it to operate? Section
947.18 is to be interpreted in light of the remainder of the Objective Parole Guidelines Act. See Villery v. Florida Parole and Probation Commission,
396 So.2d 1107 (Fla. 1980). I conclude that the legislative mandate of section
947.18 is to be given effect by taking it into consideration during the process of initially establishing a prisoner's presumptive parole release date....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 10537, 1993 WL 414240
...Billy Williams is an inmate at DeSoto Correctional Institution. Upon reaching his presumptive parole release date (PPRD) of July 16, 1990, he was notified that this date had been suspended by the Florida Parole Commission and that he had been denied an effective parole release date (EPRD) pursuant to section 947.18, Florida Statutes (1989)....
...h regard to whether Inmate Williams would remain free of any criminal conviction should parole be granted in his case. The Commission, therefore, by this action, suspends inmate Williams' presumptive parole release date of July 16, 1990, pursuant to 947.18, Florida Statutes....
...He was denied relief by the Commission's order, dated July 27, 1990, which recited: The Commission did NOT change your Presumptive Parole Release Date. Pursuant to
947.173, F.S., the Commission reviewed your appeal of the 6/6/90 Commission action which suspended your presumptive parole release date. Section
947.18, Florida Statutes, has vested the Commission with the ultimate discretion in determining whether an inmate qualifies for parole....
...finding that there is a reasonable probability that, if released on parole, he would not conduct himself as a respectable and law abiding person and his release would not be compatible with his own welfare and the welfare of society, as provided in section 947.18....
...to set an EPRD is appropriately reviewed by mandamus. Griffith; Pannier v. Wainwright,
423 So.2d 533, 534 (Fla. 5th DCA 1982). Review by mandamus does not authorize the court to substitute its judgment for the Commission's delegated discretion under section
947.18 and order the inmate released on parole, because the writ of mandamus may only order the Commission to reconsider its decision and the petitioner's eligibility for parole....
...ad a full opportunity to respond in the circuit court. C. DEFICIENCIES IN THE COMMISSION'S CONSIDERATION OF WILLIAMS'S EPRD 1. Use of Prior Information As the ultimate decision to release an inmate on parole is left to the Commission's discretion by section 947.18, the Commission's decision to suspend an inmate's presumptive parole release date and defer setting an effective parole release date can be set aside by a court only for demonstrated abuse in the exercise of that discretion....
...t is now clearly established that, even when the Commission's decision to suspend a PPRD and deny parole is based on information previously considered in setting the PPRD, use of such prior information does not amount to an abuse of discretion under section 947.18....
...blish his PPRD. 2. Failure to Consider Inmate's Entire Record When conducting an extraordinary interview and review after the commission quorum (not less than two members) has determined that the inmate is not eligible for parole release pursuant to section 947.18 and rule 23-21.015 (as was done in this case), the Commission's rule 23-21.0155(1) requires that, "The Commission shall independently review the complete official record in the inmate's case to determine whether he is eligible for paro...
..., the Commission must focus on whether new information has been gathered that might require modification of the PPRD; in the second part, the Commission "shall determine whether it can find that the inmate is eligible for parole release" pursuant to section 947.18 "based upon a review of the entire official record in the inmate's case." Thus, in the first part of the analysis, the PPRD cannot be changed by the Commission unless it finds and relies on new information not available and considered in the last interview that establishes good cause in exceptional circumstances....
...In the second part of this analytical process, the Commission is directed to review and consider the inmate's "entire official record" and reach the ultimate decision to release or not release the inmate on parole pursuant to criteria set forth in section 947.18; but this decision is not confined by the strictures applicable to the first analysis in respect to new information, and it may be based solely on information previously considered in setting the inmate's PPRD....
..., once set, presumptive parole release dates be modified only for good cause in exceptional circumstances." This provision is applicable to the decisional process leading to the suspension of an inmate's PPRD when the Commission denies an EPRD under section
947.18; this is made clear by the reference to section
947.173 found in subsection
947.1745(4)....
...(1981), requires the Commission to develop and implement objective guidelines "which shall be the criteria upon which parole decisions are made." However, neither the statutes nor the Commission's rules provide guidelines concerning the invocation of § 947.18 to refuse to authorize an EPRD......
...ided in the Objective Parole Guidelines Act. Gobie v. Florida Parole and Probation Commission,
416 So.2d 838, 840 (Fla. 1st DCA), review denied,
424 So.2d 762 ([Fla.] 1982) (footnote omitted). The First District in Gobie emphasized that by retaining section
947.18 as a part of the Objective Parole Guidelines Act in 1978, the legislature reflected its intent to retain ultimate discretion in paroling an inmate with the Commission....
...Accordingly, the supreme court held that: Although Paige's presumptive parole release date could not be modified absent new information or unfavorable institutional conduct, these strictures did not confine the Commission in properly exercising its discretion to determine that Paige did not meet the requirements of section 947.18....
...Similarly, in Parole & Probation Comm'n v. Bruce,
471 So.2d 7, the supreme court, following its decision in Paige, held that: In the instant case, the Commission determined that it could not make a positive finding for parole release as required by section
947.18....
...ntasizing sexual feelings toward female correction employees. Under our holding in Paige, this is a sufficient basis to deny setting an effective parole release date. We find no abuse of discretion by the Commission.
471 So.2d at 8. It is clear that section
947.18 gives the Parole Commission broad discretion to release or not release an inmate on parole based on its determination of a reasonable probability that the inmate, if placed on parole, "will live and conduct himself as a respectable and...
...l requirements or otherwise acted improperly in reaching its decision. Obviously, the Commission's recited reasons for suspending Williams's PPRD (see notes 4-10, supra) are facially sufficient to justify deferring Williams's release on parole under section 947.18....
...he statutes and rules governing the Commission in this instance. The Commission's motion for rehearing makes certain contentions that must be directly answered. First, the Commission contends that, since it is authorized to deny parole release under section 947.18 solely on the basis of "old" information in the inmate's file, it is not under any obligation to consider new or current information in reaching its decision. We reject this construction of the statutes and rules discussed in this opinion, because it would only promote purely arbitrary decisions that do not fulfill the Commission's obligations under section 947.18 and the Commission's rules....
...in an inmate's official file, and the *941 Commission's compliance with this obligation is unquestionably subject to enforcement through judicial review. For this reason, the Commission is required to explicate its reasons for denying release under section 947.18 and make reference to the portions of the inmate's file that support the reasons recited....
...We emphasize that this opinion is not based on a constitutionally protected liberty interest in parole release, as argued in the Commission's motion for rehearing; this opinion simply recognizes that the Commission must comply with the statutes and rules that govern the process by which it reaches its decision under section 947.18....
...ugger v. Grant,
610 So.2d 428 (Fla. 1992), and Dugger v. Hubbard,
610 So.2d 433 (Fla. 1992), for the proposition that the Commission may rely solely on "old" information contained in a presentence investigation report to deny release on parole under section
947.18 and that it need not give any consideration to new or current information....
...onstrate to be hazardous to others. The Commission is drawn to the conclusion that the available record does not support a positive finding that Inmate Williams' release on parole would be compatible with his welfare and the welfare of society. [11] Section 947.18, Florida Statutes (1989), provides in pertinent part: No person shall be placed on parole merely as a reward for good conduct or efficient performance of duties assigned in prison....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...ior escapes, and (7) whether burglary is the present offense of conviction. A salient *297 score of zero is the most favorable category, indicating in actuarial terms that the risk of an inmate violating the terms of any subsequent parole is slight. Section 947.18, Florida Statutes (1979), states in pertinent part "that no person shall be placed on parole until and unless the commission shall find that there is reasonable probability that, if he is placed on parole, he will live and conduct hims...
CopyCited 9 times | Published | Supreme Court of Florida | 1983 Fla. LEXIS 2673
...Nevertheless, chapter 947, Florida Statutes, taken as a whole, leaves the ultimate parole decision to the discretion, albeit guided by its own administrative rules, of the commission. [7] We are unable to assume, as May would have us, that the implementation of objective parole guidelines has rendered section 947.18 mere surplusage. Indeed, the use of the terms "guidelines" and "presumptive parole release date" clearly conveys the message that the final parole decision will depend upon the commission's finding that the prisoner meets the conditions provided in section 947.18....
...ion of the sentence over which jurisdiction was retained. Thus, the subsequently enacted statute imposed a new obstacle to parole and cut off a statutory right to gain time. [5] §
947.16(1), Fla. Stat. (1979). [6] §
947.165, Fla. Stat. (1979). [7] §
947.18, Fla. Stat. (1979), in particular, allows the commission a repository of discretion in the ultimate parole decision. It provides:
947.18 Conditions of parole....
CopyCited 7 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636
...Paige,
462 So.2d 817, 820 (Fla. 1985) ("`[T]he use of the terms "guidelines" and "presumptive parole release date" clearly conveys the message that the final parole decision will depend upon the commission's finding that the prisoner meets the conditions provided in section
947.18.' [ May v....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Greenfield, Gen. Counsel, and Catherine L. Dickson, Asst. Gen. Counsel, Florida Parole and Probation Com'n, Tallahassee, for respondent. PER CURIAM. These three cases involve the Florida Parole and Probation Commission's (Commission) invocation of § 947.18, Fla. Stat. (1981), to decline to make a presumptive parole release date (PPRD) an effective parole release date (EPRD). [1] Section 947.18, Fla....
...ety. On its face, §
947.174(6), Fla. Stat. (1981), which prescribes the procedure for making the PPRD the EPRD, indicates that the only proper criterion for consideration is whether the inmate's institutional conduct has been satisfactory. However, §
947.18 provides: "No person shall be placed on parole merely as a reward for good conduct or efficient performance of duties assigned in prison." Section
947.18 was originally enacted by the Florida Legislature in 1941; it was adopted as part of the Objective Parole Guidelines Act in 1978, thereby reflecting a legislative intent to retain ultimate discretion in paroling an inmate with the Commission....
...(1981), requires the Commission to develop and implement objective guidelines "which shall be the criteria upon which parole decisions are made." However, neither the statutes nor the Commission's rules provide guidelines concerning the invocation of § 947.18 to refuse to authorize an EPRD....
...icient to permit judicial review for a determination of whether the Commission has overreached the legislative grant of discretion provided in the Objective Parole Guidelines Act. [3] In the three cases before us, the Commission has not only invoked § 947.18 to refuse to authorize EPRDs but has also established amended PPRDs and given written reasons for its actions....
CopyCited 4 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 264, 1985 Fla. LEXIS 3234
...laced on parole, and certified the following question as being of great public importance: Whether the Florida Parole and Probation Commission may decline to authorize a recommended effective parole release date, and thereby deny parole, pursuant to section
947.18, Florida Statutes (1981), solely upon the basis of information which was previously considered, or available for consideration, in setting the inmate's presumptive parole release date. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. This Court answered the same question in the affirmative in our recent decision in Florida Parole and Probation Commission v. Paige,
462 So.2d 817 (Fla. 1985). In that case we held that section
947.18, Florida Statutes (1981), vests ultimate discretion in the Commission to determine whether an inmate qualifies for parole....
...e parole release date upon a determination that the inmate had previously shown he was not able to abide by parole conditions. In the instant case, the Commission determined that it could not make a positive finding for parole release as required by section 947.18....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18424
...Jackson's PPRD of December 15, 2020, is therefore vacated. We find that his December 15, 1981, PPRD should remain his PPRD, even though he was not paroled on that date. [3] We noted in Gobie, supra, that prior to actually paroling an inmate, the Commission is required to make a finding under § 947.18, Florida Statutes (1981), that there is reasonable probability that, if [the inmate] 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....
...there is reasonable probability that, if you are placed on parole, you will live and conduct yourself as a respectable and law-abiding citizen and that your release will be compatible with your own welfare and the welfare of society, as required by 947.18, Florida Statutes, for the following reasons: 1....
...The Commission would therefore have to consider him for parole at least biennially. The only other viable alternative we see is to extend the PPRD 2 years, to the biennial review; this however, is not contemplated by chapter 947 and since the Commission has not promulgated rules governing its use of § 947.18 and integrating that section with the rest of the Objective Parole Guidelines Act, we do not think any extension of the already passed PPRD is authorized....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2714, 1988 Fla. App. LEXIS 5553, 1988 WL 133955
...parole consideration and "the use of the terms `guidelines' and `presumptive parole release date' clearly conveys the message that the final parole decision will depend upon the commission's finding that the prisoner meets the conditions provided in section 947.18." May v....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 12519, 1999 WL 743615
...parole consideration and "the use of the terms `guidelines' and `presumptive parole release date' clearly conveys the message that the final parole decision will depend upon the commission's finding that the prisoner meets the conditions provided in section 947.18." May v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 11204, 1993 WL 435907
...erlying hostility and a potential for aggressive behavior." We reject McCorvey's contention that the Commission abused its discretion in suspending his PPRD on the basis of previously-considered information. The law is well settled that, pursuant to section 947.18, Florida Statutes, the Commission may decline to authorize an inmate's release on the basis of information that was previously considered, or available for consideration, when it set the inmate's PPRD....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 13438, 2015 WL 5559801
...23-21.015 (1998).1 The
Commission heard Mr. Spradley's case at an October 1998 meeting. The Commission
considered whether there was a reasonable probability that Mr. Spradley, on parole,
would "live and conduct himself . . . as a respectable and law-abiding person." See §
947.18, Fla....
...forward the recommendation to the Commission. . . .
....
(9) . . . [T]he Commission shall determine whether the
inmate meets the criteria for parole release under the
provisions of Section 947.18, F.S....
...inmate committed the offense for which the parole-eligible
inmate was sentenced.
-5-
ordered a parole-interview interval of seven years. See Fla. Admin. Code R. 23-
21.015(6), (9)9; §§ 947.18,10 .1745(6).11
Almost a year later, Mr....
...thorize the
effective parole release date. . . .
....
(9) [T]he Commission shall determine whether the inmate
meets the criteria for parole release under the provisions of
Section 947.18, F.S....
.... . .
If the inmate is found to be ineligible for parole release, . . .
the Commission shall enter an order declining to authorize
the effective parole release date . . . .
10
947.18....
...review during the following years and states the bases for
the finding in writing.
-6-
compel the Commission to reconsider properly his release date and review schedule.
See §§ 947.18 (considerations for parole release), .1745(6) (seven-year review
schedule)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 3916, 2011 WL 1045230
...The order does not incorporate by reference or otherwise re-state the reasons contained in the Commission’s prior orders suspending petitioner’s PPRD, and we reject the Commission’s contention that its unelaborated “reaffirmation” of its prior finding of a negative parole prognosis under section 947.18, Florida Statutes, is sufficient to comply with the clear requirement in rule 23-21.0161(3) that the Commission “again state the reasons and record support” for its finding that petitioner continues to be a poor candidate for parole release....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Section
947.174(6) requires the Commission, at least 46 days prior to arrival of the PPRD, to decide whether it will authorize an EPRD, a decision which appears to lie within the sound discretion of the Commission. See Gobie v. Florida Parole and Probation Commission,
416 So.2d 838 (Fla. 1st DCA 1982). Additionally, §
947.18 requires the Commission to make a finding of reasonable probability that, if [the inmate] 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....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...In addition to the rationale stated in the opinions in the foregoing cases, we add that a presumptive parole release date is only presumptive. It is discretionary prologue to the Commission's final exercise of its discretion in setting an inmate's effective parole release date. Section 947.18, Florida Statutes, which was in effect at all times pertinent to this case, gives the Commission ultimate discretion to decide when to parole an inmate even though his presumptive parole release date may indicate an earlier date....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20830
...The objective parole guidelines are the administrative agency's response to the legislative restraints on the commission's discretion in setting parole under the statutory standard, i.e., when there exists a reasonable probability for law abiding conduct compatible with the welfare of society and the parolee. §
947.165 and §
947.18, Florida Statutes (1979)....
CopyCited 1 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074
...The changes are made in response to chapter 2008-238, Laws of Florida, section 21 (creating section
948.033, Florida Statutes, to prohibit persons convicted of criminal gang offenses from associating with other criminal gang members during community control or probation) and section 22 (amending section
947.18, Florida Statutes, to prohibit persons convicted of criminal gang offenses from associating with other criminal gang members during parole)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 17264, 2009 WL 3817893
..."PPRD") was properly deemed untimely by the circuit court pursuant to section
95.11(5)(f), Florida Statutes. The final agency action occurred on April 5, 2006, upon the Commission's "Extraordinary Review" of the previous negative determination under section
947.18, Florida Statutes and suspension of Appellant's PPRD....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1969305
...1985) (concluding that although PPRD could not be modified absent new information or unfavorable institutional conduct, these strictures did not confine the Commission in properly exercising its discretion to determine that Paige did not meet the requirements of section 947.18, Florida Statutes (1981)); Parole & Prob....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21233
...2 In defense of its actions, the Commission urges that notwithstanding its prior determination of a PPRD (which, incidentally, it modified pursuant to a Section
947.173 review, establishing a new PPRD of August 9, 1981), it retained authority to reject the PPRD previously established by it on the authority of Section
947.18, Florida Statutes. 3 We find it necessary to reverse and remand for further proceedings. This court has recently interpreted and considered the effect of Section
947.18 in relation to the other provisions of the Objective Parole Guidelines Act, Chapter 947, Florida Statutes (1978)....
...tioner’s PPRD (already passed) to become his effective parole release date. Under the circumstances, it may be argued that the setting of a new PPRD, based upon the Commission’s inability to make the findings necessary for a parole release under Section 947.18, was the only alternative available to it....
...ines Act. We concede, however, that since the PPRD actually set fell beyond petitioner’s sentence expiration date, the label attached is immaterial, and the result would have been the same had the Commission simply declined, under the authority of Section 947.18, to approve an effective parole release date for the duration of petitioner’s sentence....
...ly circumscribed conditions.” Bizzigotti v. Florida Parole and Probation Commission,
410 So.2d 1360, 1362 *778 (Fla. 1st DCA 1982), and cases therein cited. Therefore, without suggesting any further limitation on the Commission’s authority under Section
947.18 than previously expressed in Gobie, supra, it becomes necessary to reverse and remand to the Commission for further explanation of its action....
...ourt. ROBERT P. SMITH, Jr., C. J., and WENTWORTH, J., concur. . See, Canter v. Florida Parole and Probation Commission,
409 So.2d 277 (Fla. 1st DCA 1982). . See, McKahn v. Florida Parole and Probation Commission,
399 So.2d 476 (Fla. 1st DCA 1981). . Section
947.18 “Conditions of parole” provides, in pertinent part: “No person shall be placed on parole until and unless the Commission shall find that there is reasonable probability that, if he is placed on parole, he will live and conduct hi...
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 1759386, 2012 Fla. App. LEXIS 7981
...record it considered in said action, these factors were actually the reasons for setting Petitioner’s parole interview within five years instead of two years pursuant to Section
947.1745(6), Fla. Stat., not for the continued suspension pursuant to Section
947.18, Florida Statutes.” The Commission thus suggests that it is appropriate for the lower tribunal to remand the matter to it so that it may set forth its reasons for denying parole....
CopyPublished | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 20091
...Furthermore, we approve the reasoning set forth in May, supra: [W]e add that a presumptive parole release date is only presumptive. It is discretionary prologue to the Commission’s final exercise of its discretion in setting an inmate’s effective parole release date. Section 947.18, Florida Statutes, which was in effect at all times pertinent to this case, gives the Commission ultimate discretion to decide when to parole an inmate even though his presumptive parole release date may indicate an earlier date....
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19708
...ch review to this court. On remand, the Commission reestablished appellant’s presumptive parole release date (PPRD) to be May 11,1982, and vacated its revised PPRD of May 13,1989. In doing so, the Commission, however, pursuant to the provisions of section
947.18, Florida Statutes, declined to set an effective parole release date for appellant due to his extensive prior criminal record. Nevertheless, as we stated in Jackson v. Florida Parole and Probation Commission,
424 So.2d 930, 931 (Fla. 1st DCA 1983), the limited discretion remaining with the Commission under the provisions of section
947.18 must be considered in pari mate-ria with other provisions of the Objective Parole Guidelines Act of 1978, permitting the Commission to change a PPRD only upon a showing of new information, institutional conduct or extraordinary circumstances....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19157
...The response to that order indicates that on May 13, 1981, prior to the time this petition was filed, the Parole and Probation Commission had established petitioner’s PPRD as June 30, 1988. Subsequently, the Parole and Probation Commission determined that petitioner should not be released until November 28, 1995. See § 947.18, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 2506, 2013 WL 598463
...The order shall be acted upon by the Commission within 60 days of the decision declining to authorize the effective parole release date. The Commission’s order shall specifically state the reasons for finding the inmate to be a poor candidate for parole release pursuant to Section 947.18, F.S., and shall identify the information relied upon in reaching this conclusion (emphasis added)....
...to authorize an effective parole release date (emphasis added). In 2002, Thomas was given an EPRD interview, but the Commission was unable to find that if released, Thomas would conduct himself as a respectable and law-abiding person as required by section 947.18, Florida Statutes....
...The Commission’s January 2012 order memorializing its most recent action with respect to Thomas reflects that a “review of the entire Department of Corrections record” was undertaken and the Commission reaffirmed its prior negative finding under section 947.18....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 397, 1986 Fla. App. LEXIS 6376
...Florida Parole and Probation Commission,
416 So.2d 838 (Fla. 1st DCA), review denied,
424 So.2d 762 (Fla. 1982). Although the Act has required the Commission to promulgate and utilize objective criteria in parole decision making, the Florida Supreme Court has reaffirmed that the Commission, pursuant to Section
947.18, Florida Statutes, “has the ultimate discretion in deciding whether to parole.” Florida Parole and Probation Commission v. Paige, 462 So.2d, at 819 . Section
947.18 provides, in relevant part: No person shall be placed on parole merely as a reward for good conduct or efficient performance of duties assigned in prison....
...If none of the factors which would support modification of the PPRD are present, i.e., new information, institutional conduct, or extraordinary circumstances, the Commission may still refuse parole if it finds the inmate does not meet the conditions provided in Section 947.18. See: Florida Parole and Probation Commission v. Paige, 462 So.2d, at 820 . In this case, the trial court recognized that the supreme court in Paige construed Section 947.18 as leaving the ultimate parole decision to the discretion of the Commission....
...This action is consistent with the welfare of society, as well as for the welfare of the inmate, until such time as it may be demonstrated that you do not present a risk to society or to yourself. (emphasis added). We find that this language, which paraphrases the provisions of Section 947.18, is sufficient to invoke Commission discretion to deny parole....
...Therefore, we reverse the order of the trial court which directed the Commission to effect the immediate parole of Cunard. Furthermore, reversal in this case would be necessary, even in the absence of language which implicitly invokes the provisions of Section 947.18....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 1165, 2006 WL 229552
...on of new information, Florida Parole & Probation Commission v. Paige,
462 So.2d 817 (Fla.1985), expressly allows the Commission to decline to authorize an effective parole release date where the Commission fails to make a positive finding under section
947.18 that the inmate is suitable for parole....
CopyPublished | District Court of Appeal of Florida
...hallenging their presumptive parole release dates (PPRDs). 1 We deny relief. Petitioner’s basic premise is that judicial review of PPRDs violates the separation of powers provision of Article II, section 3, of the Florida Constitution. That is, as section 947.18, Florida Statutes, gives the commission discretion as to which inmates are to be released on parole, petitioner contends judicial review of that determination constitutes an encroachment of the judiciary upon the executive branch....
...2 The commission’s argument fails to address this legal principle and also fails to properly consider the procedural requirements of sections 947.-165,
947.172, and
947.173, Florida Statutes, in establishing PPRDs. The commission’s discretion as described in section
947.18 is not inconsistent with sections
947.165, .172, and .173, Florida Parole and Probation Commission v....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3139586, 2012 Fla. App. LEXIS 12616
...rd County, appeals the trial court’s denial of the writ of habeas corpus. Bradford sought the writ to challenge the Florida Parole Commission’s continuation of its suspension of his Presumptive Parole Release Date and its conclusion, pursuant to section 947.18, Florida Statutes, that the Commission “has been unable to find that there is a reasonable probability that, if you are released on parole, you will live and conduct yourself as a respectable and law-abiding person and that your rele...
CopyPublished | Florida 3rd District Court of Appeal | 1984 Fla. App. LEXIS 12564
PER CURIAM. The Florida Parole and Probation Commission originally established a presump *521 tive parole release date (PPRD) for the petitioner of December 29, 1981. Utilizing section 947.18, Florida Statutes (1981), the Commission later extended the PPRD to January 3, 1995....
...Some time after the petition was filed, the Commission reinstated Bruce’s original PPRD. Thus, the only issue which remains for our consideration is whether the Commission has improperly refused to convert Bruce’s PPRD to an effective parole release date (EPRD). Its refusal to do so was based upon section 947.18, Florida Statutes (1981)....
...Florida Parole and Probation Commission,
416 So.2d 838 (Fla. 1st DCA), pet. for rev. denied sub nom. Logan v. Florida Parole and Probation Commission,
424 So.2d 762 (Fla.1982), but such discretion is not unlimited. Rather, the limited discretion remaining with the Commission under the provisions of section
947.18 must be considered in pari materia with other provisions of the Objective Parole Guidelines Act of 1978, permitting the Commission to change a PPRD only upon a showing of new information, institutional conduct or extraordinary circumstances....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 4803, 2000 WL 484769
..., chapter 947 leaves the ultimate parole decision to the discretion of the Commission guided by its rules.” Florida Parole and Probation Comm’n v. Paige,
462 So.2d 817, 820 (Fla.1985). The Commission’s suspension order is based on that part of section
947.18, Florida Statutes (1971), which states: “No person shall be placed on parole until and unless the commission shall find that there is reasonable probability that, if he is placed on parole, he will live and conduct himself as a respe...
...hich violates the prohibition on ex post facto laws. See U.S. Const. Art. I, § 10; Fla. Const. Art. I, § 10. We disagree. The just-quoted portion of the parole statute has remained unchanged from the date of defendant’s crime to the present. See § 947.18, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2015 WL 1747589
...he use of the terms ‘guidelines'
and ‘presumptive parole release date’ clearly conveys the message that
the final parole decision will depend upon the commission's finding that
the prisoner meets the conditions provided in section 947.18.” May v.
Florida Parole and Probation Commission, 435 So.2d at 837.
535 So....
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19047
...utes (1981), his parole plan was approved. Having met all objective requisites for parole, Jackson should have then been paroled on December 15, 1981. Four days before that date, however, the Commission, relying on the limited discretion provided in Section 947.18, Florida Statutes (1981), refused to grant Jackson parole and, instead, extended his PPRD by 39 years....
...ll 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.” Gobie v. Florida Parole and Probation Commission,
416 So.2d 838, 839 (Fla. 1st DCA 1982); Section
947.18, Florida Statutes (1981)....
...In exercising the limited discretion thus remaining with the Commission subsequent to enactment of the Objective Parole Guidelines Act of 1978, the Commission may not act arbitrarily or capriciously. Rather, the Commission’s decision to deny parole by invoking section 947.18 will not be upheld unless the Commission “explicate[s] its reasons for its actions in a manner sufficient to permit judicial review for a determination of whether the Commission has overreached the legislative grant of discretion provided in the Objective Parole Guidelines Act.” Gobie at 840 ....
...MILLS, ERVIN and WIGGINTON, JJ., concur. . The original case of Jackson v. Florida Parole and Probation Commission was consolidated, along with two others, as Gobie v. Florida Parole and Probation Commission,
416 So.2d 838 (Fla. 1st DCA 1982), wherein we concluded that section
947.18, while providing the Commission with the ultimate discretion as to the granting of parole, does not provide the unbounded discretion wielded by the Commission prior to the enactment of the Objective Parole Guidelines Act of 1978. We then directed the Commission, which had summarily denied parole on the basis of section
947.18 to Jackson and the other petitioners in Gobie , to grant each petitioner a review pursuant to section
947.173....
CopyPublished | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 41810, 2009 WL 1227002
...mment statute would not necessarily spell earlier release for Tooma. Nothing would prevent the Parole Commission, upon rehearing the case, from relying on "Unsatisfactory Institutional Conduct" or "Fail[ure] to make a positive finding as required by s. 947.18" as alternative reasons for extending Tooma's PPRD by the same duration....
...tive parole release date for the following reason(s)" and checks the box, "New Information." Neither of the other two boxes are checked: "Unsatisfactory Institutional Conduct," or the Commission's "Fail[ure] to make a positive finding as required by s. 947.18, Florida Statutes." [3] Fla. Stat. § 947.18 provides that: "[n]o person shall be placed on parole until and unless the commission finds that there is reasonable probability that, if the person is placed on parole, he or she will live and conduct himself or herself as a respectable an...
