The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . See § 947.18, Fla. Stat. (1998). The Commission thought not. Consequently, it denied Mr. . . . Code R. 23-21.015(6), (9); §§ 947.18,.1745(6). Almost a year later, Mr. . . . See §§ 947.18 (considerations for parole release), .1745(6) (seven-year review schedule). . . . determine whether the inmate meets the criteria for parole release under the provisions of Section 947.18 . . . determine whether the inmate meets the criteria for parole release under the provisions of Section 947.18 . . .
. . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . .
. . . See §§ 947.002, 947.16, 947.18, Fla. Stat. (1981). . . . See §§ 947.002, 947.16(4), 947.18, Fla. Stat. . . .
. . . state the reasons for finding the inmate to be a poor candidate for parole release pursuant to Section 947.18 . . . released, Thomas would conduct himself as a respectable and law-abiding person as required by section 947.18 . . . Corrections record” was undertaken and the Commission reaffirmed its prior negative finding under section 947.18 . . .
. . . continuation of its suspension of his Presumptive Parole Release Date and its conclusion, pursuant to section 947.18 . . .
. . . Stat., not for the continued suspension pursuant to Section 947.18, Florida Statutes.” . . .
. . . . § 947.18. . . .
. . . its unelaborated “reaffirmation” of its prior finding of a negative parole prognosis under section 947.18 . . .
. . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . .
. . . , upon the Commission’s “Extraordinary Review” of the previous negative determination under section 947.18 . . .
. . . on “Unsatisfactory Institutional Conduct” or “Fail[ure] to make a positive finding as required by s. 947.18 . . . Institutional Conduct,” or the Commission's "Fail[ure] to make a positive finding as required by s. 947.18 . . . Stat. § 947.18 provides that: "[n]o person shall be placed on parole until and unless the commission . . .
. . . other criminal gang members during community control or probation) and section 22 (amending section 947.18 . . .
. . . . § 947.18, which was enacted in 1941 and became a part of the Objective Parole Guidelines in 1978: No . . . See Fla.Stat. § 947.18. . . .
. . . an effective parole release date where the Commission fails to make a positive finding under section 947.18 . . .
. . . properly exercising its discretion to determine that Paige did not meet the requirements of section 947.18 . . .
. . . The Commission’s suspension order is based on that part of section 947.18, Florida Statutes (1971), which . . . See § 947.18, Fla. Stat. (1971). . . .
. . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . .
. . . Commission determine whether the inmate meets the “probable law-abiding citizen” test specified in section 947.18 . . .
. . . . § 947.18, Fla.Stat. (1993); Rule 23-21.001, et seq., Fla.Admin.Code (rules implementing statutory guidelines . . .
. . . The law is well settled that, pursuant to section 947.18, Florida Statutes, the Commission may decline . . .
. . . Commission and that he had been denied an effective parole release date (EPRD) pursuant to section 947.18 . . . this action, suspends inmate Williams’ presumptive parole release date of July 16, 1990, pursuant to 947.18 . . . Section 947.18, Florida Statutes, has vested the Commission with the ultimate discretion in determining . . . It is clear that section 947.18 gives the Parole Commission broad discretion to release or not release . . . First, the Commission contends that, since it is authorized to deny parole release under section 947.18 . . .
. . . That is, as section 947.18, Florida Statutes, gives the commission discretion as to which inmates are . . . The commission’s discretion as described in section 947.18 is not inconsistent with sections 947.165, . . .
. . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . .
. . . . § 947.18). . . .
. . . decision making, the Florida Supreme Court has reaffirmed that the Commission, pursuant to Section 947.18 . . . Section 947.18 provides, in relevant part: No person shall be placed on parole merely as a reward for . . . In this case, the trial court recognized that the supreme court in Paige construed Section 947.18 as . . . We find that this language, which paraphrases the provisions of Section 947.18, is sufficient to invoke . . . would be necessary, even in the absence of language which implicitly invokes the provisions of Section 947.18 . . .
. . . . § 947.18. . . .
. . . remedy only after an effective parole release date established pursuant to sections 947.174(6)(b) and 947.18 . . .
. . . authorize a recommended effective parole release date, and thereby deny parole, pursuant to section 947.18 . . . In that case we held that section 947.18, Florida Statutes (1981), vests ultimate discretion in the Commission . . . Commission determined that it could not make a positive finding for parole release as required by section 947.18 . . .
. . . Commission “may decline to authorize a recommended EPRD, and thereby deny parole pursuant to Section 947.18 . . . Paige did not qualify for parole under criteria established by Section 947.18, Florida Statutes. . . . In Paige, the inmate was denied parole pursuant to Section 947.18, Florida Statutes. Further, Mr. . . . If Respondent had denied Petitioner parole on the basis of Florida Statute 947.18, the issue before this . . . Respondent asserts on rehearing that it could have elected to invoke Section 947.18 and refused to parole . . .
. . . The Commission, thereafter, pursuant to section 947.18, Florida Statutes (1981), changed Paige’s presumptive . . . will be compatible with his own welfare and the welfare of society as required by Florida Statutes 947.18 . . . Section 947.18 provides: No person shall be placed on parole until and unless the commission shall find . . . The First District in Gobie emphasized that by retaining section 947.18 as a part of the Objective Parole . . . We held that the adoption and implementation of objective parole guidelines did not render section 947.18 . . . parole, especially in face of what appears to be a direct legislative mandate against it in section 947.18 . . . However, the issue presented to us is how section 947.18 can be construed in harmony with the other provisions . . . 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. . . .
. . . . § 947.18 (1973). . . . See Fla.Stat.Ann. §§ 947.17(2); 947.18 (1973); Florida Probation and Parole Commission, Twenty-eighth . . . Fla.Stat.Ann. § 947.18 (1983 Supp.); see also Gobie v. . . . See Fla.Stat.Ann. § 947.18; see also, e.g., Rifai v. . . . Fla.Stat.Ann. § 947.18 (1983 Supp.). . . . .
. . . Utilizing section 947.18, Florida Statutes (1981), the Commission later extended the PPRD to January . . . Its refusal to do so was based upon section 947.18, Florida Statutes (1981). . . . Rather, the limited discretion remaining with the Commission under the provisions of section 947.18 must . . .
. . . , as May would have us, that the implementation of objective parole guidelines has rendered section 947.18 . . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . . a statutory right to gain time. . § 947.16(1), Fla.Stat. (1979). . § 947.165, Fla.Stat. (1979). . § 947.18 . . . It provides: 947.18 Conditions of parole. — No person shall be placed on parole merely as a reward for . . .
. . . Section 947.18, Florida Statutes, which was in effect at all times pertinent to this case, gives the . . .
. . . Section 947.18, Florida Statutes (1981), gives the Florida Parole and Probation Commission ultimate discretion . . . discretion in concluding that the inmate does not qualify for release under the above-referred Section 947.18 . . . from according heavy weight to such factors in exercising its discretionary authority under Section 947.18 . . . In doing so, the Commission, however, pursuant to the provisions of section 947.18, Florida Statutes, . . . 1st DCA 1983), the limited discretion remaining with the Commission under the provisions of section 947.18 . . .
. . . days before that date, however, the Commission, relying on the limited discretion provided in Section 947.18 . . . Florida Parole and Probation Commission, 416 So.2d 838, 839 (Fla. 1st DCA 1982); Section 947.18, Florida . . . Rather, the Commission’s decision to deny parole by invoking section 947.18 will not be upheld unless . . . Parole and Probation Commission, 416 So.2d 838 (Fla. 1st DCA 1982), wherein we concluded that section 947.18 . . . We then directed the Commission, which had summarily denied parole on the basis of section 947.18 to . . .
. . . Additionally, § 947.18 requires the Commission to make a finding of reasonable probability that, if [ . . .
. . . supra, that prior to actually paroling an inmate, the Commission is required to make a finding under § 947.18 . . . that your release will be compatible with your own welfare and the welfare of society, as required by 947.18 . . . contemplated by chapter 947 and since the Commission has not promulgated rules governing its use of § 947.18 . . .
. . . Section 947.18, Florida Statutes, which was in effect at all times pertinent to this case, gives the . . .
. . . remedy only after an effective parole release date established pursuant to sections 947.174(6)(b) and 947.18 . . .
. . . , it retained authority to reject the PPRD previously established by it on the authority of Section 947.18 . . . This court has recently interpreted and considered the effect of Section 947.18 in relation to the other . . . result would have been the same had the Commission simply declined, under the authority of Section 947.18 . . . Therefore, without suggesting any further limitation on the Commission’s authority under Section 947.18 . . . Section 947.18 “Conditions of parole” provides, in pertinent part: “No person shall be placed on parole . . .
. . . . § 947.165 and § 947.18, Florida Statutes (1979). . . .
. . . These three cases involve the Florida Parole and Probation Commission’s (Commission) invocation of § 947.18 . . . Section 947.18, Fla.Stat. (1981), gives the Commission ultimate discretion in deciding whether to parole . . . However, § 947.18 provides: “No person shall be placed on parole merely as a reward for good conduct . . . Section 947.18 was originally enacted by the Florida Legislature in 1941; it was adopted as part of the . . . In the three cases before us, the Commission has not only invoked § 947.18 to refuse to authorize EPRDs . . .
. . . See § 947.18, Florida Statutes. Petitioner relies upon James v. . . .
. . . . § 947.18. The Commission’s discretionary function is apparent. . . .
. . . and Probation Commission negligently paroled Rose in violation of the standard established in Section 947.18 . . .
. . . Section 947.18, Florida Statutes (1979), states in pertinent part “that no person shall be placed on . . .
. . . The pertinent statutes on this subject are Sections 947.16, 947.17, 947.18, 947.19, Florida Statutes . . .
. . . Sec. 947.18 Florida Statutes, 1941. . . .
. . . . §947.17 Bedford & Morton. 947.17 Robert McKim. 947.18 Samuel Williams. 473. 59 Isaac Causten. 473.58 . . .