Williams v. Florida Parole Com'n

• Decision Date: 15 October 1993
• Docket Number: No. 91-112,91-112
• Citation: 625 So.2d 926
• Parties: 18 Fla. L. Weekly D2258 Billy WILLIAMS, Appellant, v. FLORIDA PAROLE COMMISSION, Appellee.
• Court: Florida District Court of Appeals

Page 926

625 So.2d 926

18 Fla. L. Weekly D2258

Billy WILLIAMS, Appellant, v. FLORIDA PAROLE COMMISSION, Appellee.

No. 91-112.

District Court of Appeal of Florida,

First District.

Oct. 15, 1993.

Billy Williams, pro se.

Bradford L. Thomas, Asst. Gen. Counsel, Florida Parole Com'n, Tallahassee, for appellee.

ON MOTION FOR REHEARING

ZEHMER, Chief Judge.

Upon consideration of the Florida Parole Commission's motion for rehearing, the original opinion filed in this cause is withdrawn and the following opinion is substituted therefor. The motion for rehearing is granted to the extent of certain revisions in this substituted opinion; in all other respects, the motion is denied.

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). He filed a petition for writ of mandamus in the circuit court below, praying the court to direct the Commission to "RE-ESTABLISH [his] presumptive parole release date" and reconsider his release. The petition was denied and Williams appealed. For the reasons discussed herein, we reverse and remand for further proceedings.

I. THE FACTS

The record in this case consists of the petition, the Commission's response, Williams's reply thereto, and numerous documents from the Commission's file attached to these pleadings. The following facts are distilled from those documents.

In December 1978, at the age of 19, Williams was convicted in a jury trial of having committed the offenses of involuntary sexual battery and kidnapping of a young woman. The aggravating circumstances surrounding the commission of the offenses caused Circuit Judge Virginia Beverly of Duval County to sentence Williams to 30-year and 50-year terms of imprisonment, to be served consecutively. However, the judge did not reserve jurisdiction to review future parole orders entered by the Commission, as section 947.16(3), Florida Statutes (Supp.1978), ¹ then authorized.

Williams was turned over to the Department of Corrections, and in November 1979, after the initial parole interview had been conducted, the Commission established Williams's PPRD at July 16, 1991, with the notation that this PPRD was at the bottom of the matrix time range. Upon his next interview in November 1981, the hearing examiner recommended a 12-month reduction in Williams's PPRD to July 16, 1990, "in view of outstanding institutional adjustment and overall program participation...." The Commission approved the examiner's recommendation and set Williams's PPRD at July 16, 1990.

During the ensuing eight years, in addition to the regularly scheduled interviews, Williams filed several requests for review and reduction of his PPRD pursuant to section 947.173, Florida Statutes, pointing out such things as his clean institutional disciplinary record, award of his high school diploma and certificates for completing various institutional programs in horticulture, small engines, outboard engines, human relations, etc., and his satisfactory participation in various work programs. In March 1982, the Commission declined to reduce Williams's PPRD, based on consideration of "your adjustment and program participation, as well as the seriousness of your offenses and the fact that your time was originally set at the bottom of the matrix time range...." In August 1983, the Commission rejected the hearing examiner's recommendation to reduce Williams's PPRD by 12 months, and upon consideration of his review request, explained that:

The Commission in agreement with the Department of Corrections implemented a Sweep of the institutions to consider all cases designated by Department of Corrections to be youthful offenders. In your case, the Commission chose not to modify your PPRD. Such action is within the discretionary powers of the Commission and no error was found.

Mitigation factors to include clear disciplinary record, good adjustment, prior record, work reports, and program participation have all be [sic] considered.

In June 1985, after the hearing examiner recommended a 24-month reduction in Williams's PPRD based on outstanding work reports, a quorum of the Commission declined to change the PPRD pending receipt of a requested mental health status report. Williams requested review of that decision by the entire Commission (as is authorized by the Commission's rules) and reiterated, among other things, his outstanding prison record, his participation in every assigned program, the receipt of additional certificates in vocational auto body work, life skills, drug group, growth group, and several Bible study certificates. He represented that he had a job and home awaiting him upon his release. He complained that he had never before been directed to have a mental health evaluation. After reviewing the mental health status report dated July 23, 1985, however, the full Commission, in October 1985, declined Williams's request for further reduction. (This health report was not made part of the court record in this case.) In November 1985, in response to another review request, the Commission explained:

The Commission has reviewed your appeal pursuant to Florida Statute, Chapter 947.173, and found no cause to change your presumptive parole release date of July 16, 1990. The Commission has reviewed your file and found all factors were considered at your recent biennial review and review of the Mental Health Status Report dated 7/23/85. The Commission determined that a reduction in your presumptive parole release date was not warranted.... You have presented no information which causes the Commission to alter your presumptive parole release date at this time....

In June 1986, the Commission declined Williams's request for a Mutual Participation Agreement because, "The severity of your offense is so significant that a reduction by Contract of your parole date wouod [sic] promote disrespect for the law and tend to depreciate the seriousness of your criminal behavior."

In April 1987, the Commission reviewed the hearing examiner's recommendation to reduce Williams's PPRD by 30 months based on the finding that, "This inmate has an excellent history of program involvement as evidenced by his completion of required DOC programs and completion of Self Awareness and Stress Management." It denied any change in the PPRD, and Williams petitioned for review pursuant to section 947.173, representing, among other things, that he had "completed ALL the groups that the D.O.C. recommends and various vocational courses." In June 1987, the Commission denied this appeal reciting that, "The mitigation presented in your appeal was considered by the Commission, however, no cause was found to alter your Presumptive Parole Release Date of 7/16/90 due to the seriousness of your offense."

In March 1989, the Commission reviewed the hearing examiner's recommendation to reduce Williams's PPRD by six months based upon the finding that, "Since last interview of 3/16/87 and Commission Action of 6/17/87, inmate Williams has a good record of institutional adjustment as evidenced by the awardment [sic] of the maximum amount of gain time, his disciplinary free status and a positive Mental Health Status Report." Again, the Commission declined to change the PPRD, and Williams petitioned for review pursuant to section 947.173, asserting, inter alia, that he had a positive mental health status report and had completed all institutional recommended groups, including psychological counseling. In May 1989, the Commission denied relief, reciting in part:

The Commission, in reaching its decision, took several factors into account, to wit: prior criminal record, offense severity, victim impact, time served, as well as institutional conduct/adjustment, custody status/reductions, extent of all program participation and the recommendation of the Parole Examiner. Taking all factors into consideration, the Commission decided not to modify your assigned date at this time. The areas which you offer as mitigation were available to the Commission and [considered] at the time of its prior action.

The Commission would strongly suggest that you become involved in all sex offender therapy programs. The Commission, at its meeting on 4-26-89, could find no further cause to modify your assigned date at this time. Your PPRD remains 7-16-90.

By April 1990, as Williams was approaching within 90 days of his July 16, 1990, parole release date, the Commission, as required by section 947.1745, Florida Statutes (1989), ² and Commission rule 23-21.015, Florida Administrative Code, scheduled the required final interview to establish an effective parole release date, i.e., to determine whether Williams would be released on July 16, 1990, in accordance with his PPRD.

Pursuant to section 947.1745(4), ³ the Commission notified Judge Beverly by letter that ... The last report contained in the file forwarded to me and dated June 18, 1985, suggests that he had unrecognized hostility, and had unusual interpretations of the world around him, that he was then still an impulsive individual who used acting out as a defense against anxieties.

Williams was within 90 days of his effective parole release date, and advised that the judge had 30 days upon receipt of the notice to inform the Commission of any objection to Williams's release on parole. While this letter is part of the judicial record, we cannot identify the documentary information sent along with it. Judge Beverly responded by letter, dated April 16, 1990, stating that she would not favor releasing Williams until he has been rehabilitated, because:

The crime for which he was sentenced was composed of a series of intentional sequential acts and I do not want to see him released until he has been certified as...