Standard Response Letter from Jeb Bush
Dear Friend:
Thank you for your letter regarding Richard Paey’s criminal conviction and incarceration. Governor Bush understands your concerns and asked me to respond on his behalf.
As you may know, the Florida Constitution limits the Governor’s intervention in criminal court cases. Each state attorney is an elected official charged with certain discretionary duties, including the duty to determine whether or not to prosecute any particular crime committed within his or her jurisdiction. This decision is based on the quality and quantity of the evidence of guilt shown, and in the best interest of justice. Questions about the guilt or innocence of prisoners, mental capacity to commit a crime, or the procedural fairness of their convictions must be addressed in the courts. Those who wish to contest judicial rulings should speak with an attorney about what appellate procedures may be available.
Decisions over prisoners’ movement within the system, rehabilitative or educational programs, temporary release permission, and incentive gain time are under the authority of the Department of Corrections. The Florida Parole Commission, an entity independent of the Governor’s control, determines the issues of control release and early release.
The clemency function is a power to grant full or conditional pardons, restore a felon’s civil rights, or commute punishment. There are complicated rules for these lengthy procedures, and these powers are vested in the Governor only with the agreement of three Cabinet members who are also statewide elected officials. Clemency for prisoners is seldom granted, as it is necessary to await the outcome of court appeals. For more information, you can write the Office of Executive Clemency at Building C, Room 229, 2601 Blair Stone Road, Tallahassee, Florida 32399-2450.
Thank you again for writing. Governor Bush hopes this information is helpful.
Sincerely,
Warren Davis
