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Florida Constitution Revision Commission

PUB 700718: Fix Florida's Broken Parole System. by Shannon o Helton

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: Section 28. Parole

(a) Persons serving parole-eligible sentences shall have the right to parole and to have their presumptive and effective parole release dates, subsequent and effective inverveiw dates, changes in their presumptive and effective parole release dates, and self-betterment/reentry program referals determined using objective, i.e. fair and uniform, guidelines.

(b) Decisions above and below the appropriate matrix time range may be rendered but they shall not be frequent or otherwise exceed twenty percent of all decisions. A decision rendered above the appropriate matrix time range shall not exceed one-hundred percent of the time set using that matrix time range, while a decision rendered below the appropriate matrix time range shall not exceed fifty percent of the time set using that matrix time range.

(c) For the exact same reasons why the department of corrections calculates and awards basic, incentive, and meritorious gain-time to be applied to sentences of those persons serving terms of years, presumptive and effective parole release dates shall be reduced or otherwise mitigated, day for day by basic, incentive, and meritorious gain time.

(d) Because persons serving parole-eligible sentences are aging and have been dying at a rate faster than those actually being released on parole but could have their persumptive and effective parole-release dates reduced or otherwise mitigated by more frequent subsequent and effective interveiw dates, they shall not be more than eighteen months apart, and suspensions of presumptive and effective parole release dates shall not exceed thirty-six months.

(e) The maximum aditional time a parole-eligible person may serve in prison for a minor or a technical violation of the conditions of his or her parole is eighteen months, while the maximum time a parole-eligible person may serve in prison for a major or substansive violation of the conditions of his or her parole is sixty months.

(f) These provisions shall apply both retroactively and perspectively.