Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 574
       
       
       
       
       
       
                                Ì937440ÈÎ937440                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2020           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 49 - 341
    4  and insert:
    5         (1) FINDINGS.—The Legislature finds that the number of
    6  aging inmates incarcerated in the state's prisons has grown
    7  significantly in recent years. Further, the Legislature finds
    8  that imprisonment tends to exacerbate the effects of aging due
    9  to histories of substance abuse and inadequate preventative care
   10  prior to imprisonment and stress linked to prison life. The
   11  Legislature also finds that recidivism rates are greatly reduced
   12  with older inmates who are released into the community.
   13  Therefore, the Legislature finds that it is of great public
   14  importance to find a compassionate solution to the challenges
   15  presented by the imprisonment of aging inmates while also
   16  ensuring that the public safety of Florida's communities remains
   17  protected.
   18         (2) CREATION.—There is established a conditional aging
   19  inmate release program within the department for the purpose of
   20  determining eligible inmates who are appropriate for such
   21  release, supervising the released inmates, and conducting
   22  revocation hearings as provided for in this section. The program
   23  must include a panel of at least three people appointed by the
   24  secretary or his or her designee for the purpose of determining
   25  the appropriateness of conditional aging inmate release and
   26  conducting revocation hearings on the inmate releases.
   27         (3) ELIGIBILITY.—
   28         (a) An inmate is eligible for consideration for release
   29  under the conditional aging inmate release program when the
   30  inmate has reached 65 years of age and has served at least 10
   31  years on his or her term of imprisonment. Notwithstanding any
   32  other provision of law, an inmate who meets the above criteria
   33  may be released from the custody of the department pursuant to
   34  this section prior to satisfying 85 percent of his or her term
   35  of imprisonment.
   36         (b) An inmate may not be considered for release through the
   37  program if he or she has ever been found guilty of, regardless
   38  of adjudication, or entered a plea of nolo contendere or guilty
   39  to, or has been adjudicated delinquent for committing:
   40         1. Any offense classified as a capital felony, life felony,
   41  or first degree felony punishable by a term of years not
   42  exceeding life imprisonment.
   43         2. Any violation of law that results in the killing of a
   44  human being.
   45         3. Any felony offense that serves as a predicate to
   46  registration as a sexual offender in accordance with s.
   47  943.0435; or
   48         4. Any similar offense committed in another jurisdiction
   49  which would be an offense listed in this paragraph if it had
   50  been committed in violation of the laws of this state.
   51         (c) An inmate who has previously been released on any form
   52  of conditional or discretionary release and who was recommitted
   53  to the department as a result of a finding that he or she
   54  subsequently violated the terms of such conditional or
   55  discretionary release may not be considered for release through
   56  the program.  
   57         (4) REFERRAL FOR CONSIDERATION.—
   58         (a)1. Notwithstanding any provision to the contrary, an
   59  inmate in the custody of the department who is eligible for
   60  consideration pursuant to subsection (3) must be considered for
   61  the conditional aging inmate release program.
   62         2. The authority to grant conditional aging inmate release
   63  rests solely with the department. An inmate does not have a
   64  right to such release.
   65         (b) The department must identify inmates who may be
   66  eligible for the conditional aging inmate release program. In
   67  considering an inmate for conditional aging inmate release, the
   68  department may require the production of additional evidence or
   69  any other additional investigations that the department deems
   70  are necessary for determining the appropriateness of the
   71  eligible inmate’s release.
   72         (c) The department must refer an inmate to the panel
   73  established under subsection (2) for review and determination of
   74  conditional aging inmate release upon his or her identification
   75  as potentially eligible for release pursuant to this section.
   76         (d) If the case that resulted in the inmate’s commitment to
   77  the department involved a victim, and the victim specifically
   78  requested notification pursuant to s. 16, Art. I of the State
   79  Constitution, the department must notify the victim, in a manner
   80  prescribed by rule, of the inmate’s referral to the panel
   81  immediately upon identification of the inmate as potentially
   82  eligible for release under this section. Additionally, the
   83  victim must be afforded the right to be heard regarding the
   84  release of the inmate.
   85         (5) DETERMINATION OF RELEASE.—
   86         (a) Within 45 days after receiving the referral, the panel
   87  established in subsection (2) must conduct a hearing to
   88  determine whether the inmate is appropriate for conditional
   89  aging inmate release.
   90         (b) A majority of the panel members must agree that the
   91  inmate is appropriate for release pursuant to this section. If
   92  conditional aging inmate release is approved, the inmate must be
   93  released by the department to the community within a reasonable
   94  amount of time with necessary release conditions imposed
   95  pursuant to subsection (6). An inmate who is granted conditional
   96  aging inmate release is considered an aging releasee upon
   97  release to the community.
   98         (c)1. An inmate who is denied conditional aging inmate
   99  release by the panel may have the decision reviewed by the
  100  department’s general counsel, who must make a recommendation to
  101  the secretary. The secretary must review all relevant
  102  information and make a final decision about the appropriateness
  103  of conditional aging inmate release pursuant to this section.
  104  The decision of the secretary is a final administrative decision
  105  not subject to appeal.
  106         2. An inmate that requests to have the decision reviewed in
  107  accordance with this paragraph must do so in a manner prescribed
  108  in rule. An inmate who is denied conditional aging inmate
  109  release may be subsequently reconsidered for such release in a
  110  manner prescribed by rule.
  111         (6) RELEASE CONDITIONS.—
  112         (a) An inmate granted release pursuant to this section is
  113  released for a period equal to the length of time remaining on
  114  his or her term of imprisonment on the date the release is
  115  granted. Such inmate is considered an aging releasee upon
  116  release from the department into the community. The aging
  117  releasee must comply with all reasonable conditions of release
  118  the department imposes, which must include, at a minimum:
  119         1. Supervision by an officer trained to handle special
  120  offender caseloads.
  121         2. Active electronic monitoring, if such monitoring is
  122  determined to be necessary to ensure the safety of the public
  123  and the aging releasee’s compliance with release conditions.
  124         3. Any conditions of community control provided for in s.
  125  948.101.
  126         4. Any other conditions the department deems appropriate to
  127  ensure the safety of the community and compliance by the aging
  128  releasee.
  129         (b) An aging releasee is considered to be in the custody,
  130  supervision, and control of the department, which, for purposes
  131  of this section does not create a duty for the department to
  132  provide the aging releasee with medical care upon release into
  133  the community. The aging releasee remains eligible to earn or
  134  lose gain-time in accordance with s. 944.275 and department
  135  rule. The aging releasee may not be counted in the prison system
  136  population, and the aging releasee’s approved community-based
  137  housing location may not be counted in the capacity figures for
  138  the prison system.
  139         (7) REVOCATION HEARING AND RECOMMITMENT.—
  140         (a)1.An aging releasee's conditional aging inmate release
  141  may be revoked for a violation of any condition of the release
  142  established by the department, including, but not limited to, a
  143  new violation of law. The department may terminate the aging
  144  releasee's conditional aging inmate release and return him or
  145  her to the same or another institution designated by the
  146  department.
  147         2. If a duly authorized representative of the department
  148  has reasonable grounds to believe that an aging releasee has
  149  violated the conditions of his or her release in a material
  150  respect, such representative may cause a warrant to be issued
  151  for the arrest of the aging releasee. A law enforcement officer
  152  or a probation officer may arrest the aging releasee without a
  153  warrant in accordance with s. 948.06, if there are reasonable
  154  grounds to believe he or she has violated the terms and
  155  conditions of his or her conditional aging inmate release. The
  156  law enforcement officer must report the aging releasee's alleged
  157  violations to the supervising probation office or the
  158  department’s emergency action center for initiation of
  159  revocation proceedings as prescribed by the department by rule.
  160         3. If the basis of the violation of release conditions is
  161  related to a new violation of law, the aging releasee must be
  162  detained without bond until his or her initial appearance, at
  163  which a judicial determination of probable cause is made. If the
  164  judge determines that there was no probable cause for the
  165  arrest, the aging releasee may be released. If the judge
  166  determines that there was probable cause for the arrest, the
  167  judge’s determination also constitutes reasonable grounds to
  168  believe that the aging releasee violated the conditions of the
  169  release.
  170         4. The department must order that the aging releasee
  171  subject to revocation under this subsection be returned to
  172  department custody for a conditional aging inmate release
  173  revocation hearing as prescribed by rule. An aging releasee may
  174  admit to the alleged violation of the conditions of conditional
  175  aging inmate release or may elect to proceed to a revocation
  176  hearing.
  177         5. A majority of the panel members must agree that
  178  revocation is appropriate for the aging releasee’s conditional
  179  aging inmate release to be revoked. If conditional aging inmate
  180  release is revoked pursuant to this subsection, the aging
  181  releasee must serve the balance of his or her sentence in an
  182  institution designated by the department with credit for the
  183  actual time served on conditional aging inmate release. However,
  184  the aging releasee’s gain-time accrued before recommitment may
  185  be forfeited pursuant to s. 944.28(1). An aging releasee whose
  186  conditional aging inmate release is revoked and is recommitted
  187  to the department under this subsection must comply with the 85
  188  percent requirement in accordance with ss. 921.002 and 944.275
  189  upon recommitment. If the aging releasee whose conditional aging
  190  inmate release is revoked subject to this subsection would
  191  otherwise be eligible for parole or any other release program,
  192  he or she may be considered for such release program pursuant to
  193  law.
  194         6. An aging releasee whose release has been revoked
  195  pursuant to this subsection may have the revocation reviewed by
  196  the department’s general counsel, who must make a recommendation
  197  to the secretary. The secretary must review all relevant
  198  information and make a final decision about the appropriateness
  199  of the revocation of conditional aging inmate release pursuant
  200  to this subsection. The decision of the secretary is a final
  201  administrative decision not subject to appeal.
  202         (b) If the aging releasee subject to revocation under
  203  paragraph (a) elects to proceed with a hearing, the aging
  204  releasee must be informed orally and in writing of the
  205  following:
  206         1. The alleged violation with which the releasee is
  207  charged.
  208         2. The releasee’s right to be represented by counsel.
  209  However, this subparagraph does not create a right to publicly
  210  funded legal counsel.
  211         3. The releasee’s right to be heard in person.
  212         4. The releasee’s right to secure, present, and compel the
  213  attendance of witnesses relevant to the proceeding.
  214         5. The releasee’s right to produce documents on his or her
  215  own behalf.
  216         6. The releasee’s right of access to all evidence used
  217  against the releasee and to confront and cross-examine adverse
  218  witnesses.
  219         7. The releasee’s right to waive the hearing.
  220         (c) If the panel approves the revocation of the aging
  221  releasee's conditional aging inmate release, the panel must
  222  provide a written statement as to evidence relied on and reasons
  223  for revocation.
  224         (8) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
  225  and in accordance with s. 13, Art. X of the State Constitution,
  226  members of the panel established in subsection (2) who are
  227  involved with decisions that grant or revoke conditional aging
  228  inmate release are provided immunity from liability for actions
  229  that directly relate to such decisions.
  230         (9) RULEMAKING AUTHORITY.—The department may adopt rules as
  231  necessary to implement this section.
  232         Section 2. Subsection (6) of section 316.1935, Florida
  233  Statutes, is amended to read:
  234         316.1935 Fleeing or attempting to elude a law enforcement
  235  officer; aggravated fleeing or eluding.—
  236         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  237  or withhold adjudication of guilt or imposition of sentence for
  238  any violation of this section. A person convicted and sentenced
  239  to a mandatory minimum term of incarceration under paragraph
  240  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  241  time under s. 944.275 or any form of discretionary early
  242  release, other than pardon or executive clemency, or conditional
  243  medical release under s. 947.149, or conditional aging inmate
  244  release under s. 945.0912, prior to serving the mandatory
  245  minimum sentence.
  246         Section 3. Paragraph (k) of subsection (4) of section
  247  775.084, Florida Statutes, is amended to read:
  248         775.084 Violent career criminals; habitual felony offenders
  249  and habitual violent felony offenders; three-time violent felony
  250  offenders; definitions; procedure; enhanced penalties or
  251  mandatory minimum prison terms.—
  252         (4)
  253         (k)1. A defendant sentenced under this section as a
  254  habitual felony offender, a habitual violent felony offender, or
  255  a violent career criminal is eligible for gain-time granted by
  256  the Department of Corrections as provided in s. 944.275(4)(b).
  257         2. For an offense committed on or after October 1, 1995, a
  258  defendant sentenced under this section as a violent career
  259  criminal is not eligible for any form of discretionary early
  260  release, other than pardon or executive clemency, or conditional
  261  medical release under granted pursuant to s. 947.149, or
  262  conditional aging inmate release under s. 945.0912.
  263         3. For an offense committed on or after July 1, 1999, a
  264  defendant sentenced under this section as a three-time violent
  265  felony offender shall be released only by expiration of sentence
  266  and shall not be eligible for parole, control release, or any
  267  form of early release.
  268         Section 4. Paragraph (b) of subsection (2) and paragraph
  269  (b) of subsection (3) of section 775.087, Florida Statutes, are
  270  amended to read:
  271         775.087 Possession or use of weapon; aggravated battery;
  272  felony reclassification; minimum sentence.—
  273         (2)
  274         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  275  (a)3. does not prevent a court from imposing a longer sentence
  276  of incarceration as authorized by law in addition to the minimum
  277  mandatory sentence, or from imposing a sentence of death
  278  pursuant to other applicable law. Subparagraph (a)1.,
  279  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  280  court to impose a lesser sentence than otherwise required by
  281  law.
  282  
  283  Notwithstanding s. 948.01, adjudication of guilt or imposition
  284  of sentence shall not be suspended, deferred, or withheld, and
  285  the defendant is not eligible for statutory gain-time under s.
  286  944.275 or any form of discretionary early release, other than
  287  pardon or executive clemency, or conditional medical release
  288  under s. 947.149, or conditional aging inmate release under s.
  289  945.0912, prior to serving the minimum sentence.
  290         (3)
  291         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  292  (a)3. does not prevent a court from imposing a longer sentence
  293  of incarceration as authorized by law in addition to the minimum
  294  mandatory sentence, or from imposing a sentence of death
  295  pursuant to other applicable law. Subparagraph (a)1.,
  296  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  297  court to impose a lesser sentence than otherwise required by
  298  law.
  299  
  300  Notwithstanding s. 948.01, adjudication of guilt or imposition
  301  of sentence shall not be suspended, deferred, or withheld, and
  302  the defendant is not eligible for statutory gain-time under s.
  303  944.275 or any form of discretionary early release, other than
  304  pardon or executive clemency, or conditional medical release
  305  under s. 947.149, or conditional aging inmate release under s.
  306  945.0912, prior to serving the minimum sentence.
  307         Section 5. Subsection (3) of section 784.07, Florida
  308  Statutes, is amended to read:
  309         784.07 Assault or battery of law enforcement officers,
  310  firefighters, emergency medical care providers, public transit
  311  employees or agents, or other specified officers;
  312  reclassification of offenses; minimum sentences.—
  313         (3) Any person who is convicted of a battery under
  314  paragraph (2)(b) and, during the commission of the offense, such
  315  person possessed:
  316         (a) A “firearm” or “destructive device” as those terms are
  317  defined in s. 790.001, shall be sentenced to a minimum term of
  318  imprisonment of 3 years.
  319         (b) A semiautomatic firearm and its high-capacity
  320  detachable box magazine, as defined in s. 775.087(3), or a
  321  machine gun as defined in s. 790.001, shall be sentenced to a
  322  minimum term of imprisonment of 8 years.
  323  
  324  Notwithstanding s. 948.01, adjudication of guilt or imposition
  325  of sentence shall not be suspended, deferred, or withheld, and
  326  the defendant is not eligible for statutory gain-time under s.
  327  944.275 or any form of discretionary early release, other than
  328  pardon or executive clemency, or conditional medical release
  329  under s. 947.149, or conditional aging inmate release under s.
  330  945.0912, prior to serving the minimum sentence.
  331         Section 6. Subsection (1) of section 790.235, Florida
  332  Statutes, is amended to read:
  333         790.235 Possession of firearm or ammunition by violent
  334  career criminal unlawful; penalty.—
  335         (1) Any person who meets the violent career criminal
  336  criteria under s. 775.084(1)(d), regardless of whether such
  337  person is or has previously been sentenced as a violent career
  338  criminal, who owns or has in his or her care, custody,
  339  possession, or control any firearm, ammunition, or electric
  340  weapon or device, or carries a concealed weapon, including a
  341  tear gas gun or chemical weapon or device, commits a felony of
  342  the first degree, punishable as provided in s. 775.082, s.
  343  775.083, or s. 775.084. A person convicted of a violation of
  344  this section shall be sentenced to a mandatory minimum of 15
  345  years’ imprisonment; however, if the person would be sentenced
  346  to a longer term of imprisonment under s. 775.084(4)(d), the
  347  person must be sentenced under that provision. A person
  348  convicted of a violation of this section is not eligible for any
  349  form of discretionary early release, other than pardon,
  350  executive clemency, or conditional medical release under s.
  351  947.149, or conditional aging inmate release under s. 945.0912.
  352  
  353  ================= T I T L E  A M E N D M E N T ================
  354  And the title is amended as follows:
  355         Delete lines 3 - 40
  356  and insert:
  357         creating s. 945.0912, F.S.; providing legislative
  358         findings; establishing the conditional aging inmate
  359         release program within the Department of Corrections;
  360         establishing a panel to consider specified matters;
  361         providing for program eligibility; providing that an
  362         inmate may be released on conditional aging inmate
  363         release prior to serving 85 percent of his or her term
  364         of imprisonment; requiring that an inmate who meets
  365         certain criteria be considered for conditional aging
  366         inmate release; providing that the inmate does not
  367         have a right to release; requiring the department to
  368         identify eligible inmates; requiring the department to
  369         refer an inmate to the panel for consideration;
  370         providing victim notification requirements under
  371         certain circumstances; requiring the panel to conduct
  372         a hearing within a specified timeframe; providing
  373         requirements for the hearing; providing that an inmate
  374         who is approved for conditional aging inmate release
  375         must be released from the department’s custody within
  376         a reasonable amount of time; providing that an inmate
  377         is considered an aging releasee upon release from the
  378         department into the community; providing a review
  379         process for an inmate who is denied release; providing
  380         conditions for release; providing that the department
  381         does not have a duty to provide medical care to an
  382         aging releasee; prohibiting an aging releasee or his
  383         or her community-based housing from being counted in
  384         the prison system population and the prison capacity
  385         figures, respectively; providing for the revocation of
  386         conditional aging inmate release; requiring the aging
  387         releasee to be detained if a violation is based on
  388         certain circumstances; authorizing the aging releasee
  389         to be returned to the department if he or she violates
  390         any conditions of the release; providing the
  391         department with authority to issue an arrest warrant
  392         in specified circumstances; authorizing a law
  393         enforcement officer or a probation officer may arrest
  394         the aging releasee without a warrant in certain
  395         circumstances; requiring a majority of the panel to
  396         agree on the appropriateness of revocation;
  397         authorizing the forfeiture of gain-time if the
  398         revocation is based on certain violations; providing
  399         that an aging releasee whose conditional aging inmate
  400         release is revoked and is recommitted to the
  401         department must comply with the 85 percent requirement
  402         upon recommitment; providing a review process for an
  403         aging releasee who has his or her released revoked;
  404         requiring the aging releasee to be given specified
  405         information in certain instances; requiring the panel
  406         to provide a written statement as to evidence relied
  407         on and reasons for revocation; providing members of
  408         the panel have sovereign immunity related to specified
  409         decisions; providing rulemaking authority; amending
  410         ss. 316.1935, 775.084, 775.087, 784.07, 790.235,
  411         893.135, 921.0024, 944.605,