The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Subcommittee on Criminal and Civil Justice
BILL: CS/SB 620
INTRODUCER: Criminal Justice Committee and Senator Bracy
SUBJECT: Long-Term Inmates
DATE: March 4, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Siples Jones CJ Fav/CS
2. Dale Harkness ACJ Recommend: Favorable
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 620 revises the legislative intent regarding the determination of parole of eligible inmates
by the Florida Commission on Offender Review (FCOR). The bill requires the FCOR to consider
an inmate’s institutional achievements, lack of disciplinary reports, and all indications of the lack
of risk to the public in the decision to parole the inmate.
The bill requires the FCOR and the Department of Corrections (DOC) to jointly create a long-
term inmate program for parole-eligible inmates to prepare them for reintegration into the
community. The program, which is to be housed within the DOC, must be voluntary and provide
evidence-based programming to inmates within three years of their presumptive parole release
date. Prior to enrollment in the long-term inmate program, the bill requires the FCOR to refer an
inmate for placement. The bill provides that the FCOR consider inmates for referral for the long-
term inmate program if the inmate does not have disqualifying factors that would preclude
placement into the program and is serving a parole-eligible sentence. Inmates who subsequently
receive a parole-ineligible sentence may be considered for participation in the long-term inmate
program.
The bill requires individuals participating in the program to complete 250 hours of community
service, 100 hours of enrichment programs, and an evidence-based curriculum that address such
topics as anger management, criminal thinking, educational and vocational needs, family
relationships, lifestyle and wellness, substance use disorder treatment, and victim impact. The
bill provides that a participant may be removed from program for failing to complete duties and
BILL: CS/SB 620 Page 2
assignments as instructed. Upon completion, the bill requires participants receive a certificate of
completion. However, the bill states that completion of the program does not guarantee that an
inmate will be paroled.
The bill requires the FCOR and the DOC to adopt rules as necessary to implement the long-term
inmate program.
The Legislature’s Office of Economic and Demographic Research estimates this bill will have a
“negative indeterminate” prison bed impact (an unquantifiable decrease of prison beds).
See Section V. Fiscal Impact Statement.
The bill is effective July 1, 2021.
II. Present Situation:
Parole
Parole is a discretionary release that allows certain offenders to serve the remainder of their
court-imposed sentences in the community under strict supervision. The Florida Commission on
Offender Release (FCOR) is a 3-member body that administers parole in this state.1 The FCOR’s
powers and duties, as it relates to parole, include:
Determining what persons shall be placed on parole;
Fixing the time and conditions of parole;
Determining whether a person has violated parole and taking action with respect to such
violation; and
Making such investigations as may be necessary.2
In Florida, parole is limited and the only inmates who are eligible for parole consideration are
those who committed:
Any felony prior to October 1, 1983, or those who elected to be sentenced outside the
sentencing guidelines for felonies committed prior to July 1, 1984;
A capital felony prior to October 1, 1995, except:
o Murder or felony murder committed after May 25, 1994;
o Making, possessing, throwing, placing, or discharging a destructive device or attempting
to do so which results in the death of another after May 25, 1994;
o First degree murder of a law enforcement officer, correctional officer, state attorney, or
assistant state attorney committed after January 1, 1990; and
o First degree murder of a justice or judge committed after October 1, 1990;
Any continuing criminal enterprise before June 7, 1993; and
Any attempted murder of a law enforcement officer between October 1, 1988, and October 1,
1995.3
1
Section 947.01, F.S.
2
Section 947.13, F.S. The FCOR has other powers and duties related to clemency, conditional release, conditional medical
release, and Control Release Authority.
3
Florida Commission on Offender Review, 2020 Annual Report, p. 8, available at
https://www.fcor.state.fl.us/docs/reports/Annual%20Report%202020.pdf (last visited February 9, 2021).
BILL: CS/SB 620 Page 3
As of January 6, 2021, there were approximately 3,754 inmates who were serving a parole-
eligible sentence; however, roughly 603 of these inmates also have a parole-ineligible life
sentence which renders them disqualified for release on parole.4 Of the remaining 3,151 parole-
eligible inmates, 79 are female. In Fiscal Year 2019-20, the FCOR made 1,419 parole
determinations, granted parole to 41 inmates, and released 43 inmates on parole. There are 424
releasees on parole supervision.5
The decision to grant parole is an act of grace of the state and is not considered a right.6 The
FCOR established objective parole guidelines to guide its parole decisions, including setting a
presumptive parole date for eligible offenders.7 The presumptive parole date, which is the
tentative date an eligible offender may be released, can change, with the FCOR deciding to
modify or suspend it.8
In granting parole, the FCOR must find that the inmate, if released on parole, will live and
conduct himself or herself as a respectable law-abiding person and that the inmate’s release will
be compatible with his or her own welfare and the welfare of society.9 The FCOR must also be
satisfied that the parolee will be suitably employed in self-sustaining employment or that he or
she will not become a public charge.
If parole is to be granted, the FCOR must determine the conditions on which the inmate is
released on parole.10 The FCOR has adopted standard conditions of parole in rule; however, it
has authority to impose special conditions of parole.11 If the inmate was convicted of a controlled
substance violation, one of the conditions must be that the person submit to random substance
abuse testing intermittently throughout the term of supervision. Payment of any debt due and
owing to the state, as well as any payment of attorney’s fees and costs due and owing to the state
must also be a condition of parole, as well as the payment of any other fines, fees, restitution, or
other court-ordered costs.12
The FCOR must provide the inmate with a certified copy of the terms and conditions of his or
her parole once it authorizes the actual parole release date.13 If a parolee violates the terms of
parole, he or she is subject to arrest and a return to prison to serve out the term for which the
parolee was sentenced.14 Within 30 days of an arrest of a person charged with a violation of the
terms and conditions of his or her parole, the parolee is entitled to a preliminary hearing to
4
The DOC, 2021 Agency Bill Analysis for SB 620, February 10, 2021, p. 2 (on file with the Senate Committee on Criminal
Justice).
5
Id.
6
Section 947.002(5), F.S.
7
Section 947.165, F.S. See also Fla. Admin. Code R. 23-21.007-21.011, and Office of Program Policy Analysis and
Government Accountability, Parole and Early Release, Report No. 19-13, (Nov. 2019), p. 5, available at
https://oppaga.fl.gov/Documents/Reports/19-13.pdf (last visited February 9, 2021).
8
Id.
9
Section 947.18, F.S.
10
Id.
11
See Fla. Admin. Code R. 23-21.0165.
12
Id., and s. 947.18, F.S.
13
Section 947.19, F.S.
14
Section 947.21, F.S.
BILL: CS/SB 620 Page 4
determine if probable cause exists to believe that the parolee has committed such violation.15 If
probable cause is found, a final revocation hearing is convened to determine if the charge of
parole violation is sustained and based on the findings, the FCOR may:
Revoke parole and return the parolee to prison to serve the sentence imposed upon him or
her;
Reinstate the original order of parole;
Order the placement of the parolee into a community control program; or
Enter such other order as is proper.16
More than 90 percent of parolees successfully complete their supervision without revocation
within the first three years.17
Department of Corrections
Office of Programs and Re-Entry
The Office of Programs and Re-Entry (Office), within the DOC, provides programming for
productive learning, positively transforming behaviors, and teaching pro-social skills that assist
with re-integration into communities.18 The Office operates four sections:
The Bureau of Program Development develops and implements technology used by
institutions, community corrections, and community stakeholders to provide information
about offenders.19
The Bureau of Substance Abuse Treatment offers services and develops and fosters resources
to facilitate successful reintegration from prison into the community.20
The Bureau of Education provides opportunities to inmates, such as academic education,
career and technical education, library services, transition programs, and services specific to
the special needs of youthful offenders.21
Chaplaincy and Volunteer Services provides for the spiritual needs of inmates and
coordinates religious education.22
Programs for Parole-Eligible Inmates
Inmates incarcerated in DOC institutions generally have access to educational opportunities at
faith- and character-based programs.23 The goals of the programs are criminal rehabilitation, the
15
Section 947.23(1), F.S.
16
Section 947.23(2)-(5), F.S.
17
Supra note 3 at 9.
18
The DOC, Office of Programs and Re-Entry, available at http://www.dc.state.fl.us/development/index.html (last visited
February 10, 2021).
19
The DOC, Bureau of Program Development, available at http://www.dc.state.fl.us/development/applied.html (last visited
February 10, 2021).
20
The DOC, Bureau of Substance Abuse Treatment, available at http://www.dc.state.fl.us/development/readiness.html (last
visited February 10, 2021).
21
The DOC, Bureau of Education, available at http://www.dc.state.fl.us/development/programs.html (last visited
February 10, 2021).
22
The DOC, Bureau of Chaplaincy and Volunteer Services, available at
http://www.dc.state.fl.us/development/chaplaincy.html (last visited February 10, 2021).
23
Id.
BILL: CS/SB 620 Page 5
successful reintegration of offenders into the community, and the reduction of recidivism.24
These programs must emphasize the importance of personal responsibility, meaningful work,
education, substance abuse treatment, and peer support.25
A lifer’s program is a reentry/transition program for long-term offenders that offers life skills and
other social and educational courses to prepare them for successful reintegration into the
community, and includes such courses as:
Critical thinking;
Problem solving;
Substance abuse;
Mental health;
Stress/Anger management;
Conflict resolution; and
Life planning/goal setting.26
According to the DOC, the New River Correctional Institution, which houses adult male inmates,
is the only prison that offers a lifer’s program, the “Pathways Program.” The Bureau of
Education developed the program and the academic staff at the facility facilitates the program. 27
Program participants must:
Complete at least 250 hours of community service activities, such as leading enrichment or
wellness activities or tutoring other participants in academics;
Participate for 100 hours in an enrichment program which is offered on Fridays, and may
include activities such as art expression or creative writing; and
Complete the available courses within each of the following paths:
o Academic Path, which offers adult basic education and GED preparation;
o Cognitive Path, which offers a cognitive-behavioral curriculum and includes courses that
address anger management, communication skills, and critical thinking;
o Employment Path, which offers financial literacy, computer literacy, employability, and a
100-hour course that covers job readiness and life management skills; and
o Wellness Path, which offers courses on parenting, lifestyle and wellness, and transition
elements, and a men-only workshop that addresses sensitive topics of relationships,
sexuality, and intimacy.28
The program is available to parole-eligible male inmates recommend by the FCOR, which
typically refers an inmate as he approaches his presumptive parole release date.29 Completion of
the program does not guarantee that a participant will be granted parole nor will it lengthen the
participant’s remaining sentence time.30
24
Section 944.803(7), F.S.
25
Section 944.803(4)(b), F.S.
26
The FCOR, 2021 Agency Bill Analysis for SB 620, p. 3, February 10, 2021, (on file with the Senate Committee on Criminal
Justice).
27
Supra note 4.
28
E-mail correspondence from Chris Taylor, Legislative Specialist, Department of Corrections, (February 10, 2021) (on file
with the Senate Committee on Criminal Justice).
29
Supra note 26.
30
Supra note 28.
BILL: CS/SB 620 Page 6
Although parole-eligible female inmates do not have access to the lifer’s program, all female
inmates have access to the faith-and character-based programs.31
III. Effect of Proposed Changes:
The bill revises the legislative intent of the parole statute, ch. 947, F.S., to require the FCOR to
consider an inmate’s institutional achievements, lack of disciplinary reports, and all indications
of the lack of risk to the public in its decision to parole an inmate from the incarceration portion
of the inmate’s sentence.
The bill creates s. 947.136, F.S., to require the FCOR to partner with the DOC to jointly develop
a voluntary long-term inmate program for parole-eligible inmates to prepare the inmates for
reintegration into the community. The long-term inmate program must provide evidence-based
programming to inmates who are within three years of their presumptive parole release date, as
established by the FCOR.
Prior to enrollment in the long-term inmate program, the bill requires the FCOR to refer inmates
for participation in the program. The FCOR may consider inmates who:
Do not have factors, as identified in rule, which would preclude placement at an institution
operating a long-term inmate program; and
Are serving a parole-eligible sentence.
Inmates who have subsequently received a parole-ineligible sentence may be considered for
participation in the long-term inmate program on a case-by-case basis.
To successfully complete the program, the bill requires a participant to, at a minimum:
Complete at least 250 hours of community service projects, approved by the DOC;
Participate in at least 100 hours of enrichment programs, as defined by rule; and
Complete an evidence-based curriculum, as provided in rule, that, at a minimum, addresses:
o Anger management;
o Criminal thinking;
o Educational and vocational needs;
o Family relationships;
o Lifestyle and wellness;
o Substance use disorder treatment; and
o Victim impact.
The bill provides that an inmate who f