Florida Senate - 2011                                    SB 1560
       
       
       
       By Senator Wise
       
       
       
       
       5-01451-11                                            20111560__
    1                        A bill to be entitled                      
    2         An act relating to violations of conditional release,
    3         control release, conditional medical release, or
    4         addiction-recovery supervision; amending s. 947.141,
    5         F.S.; authorizing the Parole Commission to order that
    6         a releasee who has violated the conditions of release
    7         or supervision be placed into a state prison;
    8         providing guidelines and time limits with respect to
    9         such placement; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsections (4) and (5) of section 947.141,
   14  Florida Statutes, are amended to read:
   15         947.141 Violations of conditional release, control release,
   16  or conditional medical release or addiction-recovery
   17  supervision.—
   18         (4) Within a reasonable time following the hearing, the
   19  commissioner or the commissioner’s duly authorized
   20  representative who conducted the hearing shall make findings of
   21  fact in regard to the alleged violation. A panel of no fewer
   22  than two commissioners shall enter an order determining whether
   23  the charge of violation of conditional release, control release,
   24  conditional medical release, or addiction-recovery supervision
   25  has been sustained based upon the findings of fact presented by
   26  the hearing commissioner or authorized representative. By such
   27  order, the panel may revoke conditional release, control
   28  release, conditional medical release, or addiction-recovery
   29  supervision and thereby return the releasee to prison to serve
   30  the sentence imposed, reinstate the original order granting the
   31  release, or enter such other order as it considers proper.
   32  Effective for inmates whose offenses were committed on or after
   33  July 1, 1995, the panel may order the placement of a releasee,
   34  upon a finding of violation pursuant to this subsection, into a
   35  state prison, as defined by s. 944.08, or a local detention
   36  facility as a condition of supervision.
   37         (5) Effective for inmates whose offenses were committed on
   38  or after July 1, 1995, notwithstanding the provisions of ss.
   39  775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
   40  951.23, or any other law to the contrary, by such order as
   41  provided in subsection (4), the panel, upon a finding of guilt,
   42  may, as a condition of continued supervision, place the releasee
   43  in a state prison or local detention facility for a period of
   44  incarceration not to exceed 22 months. Before Prior to the
   45  expiration of the term of incarceration, or upon recommendation
   46  of the warden or chief correctional officer of that county, the
   47  commission shall cause inquiry into the inmate’s release plan
   48  and custody status in the state prison or detention facility and
   49  consider whether to restore the inmate to supervision, modify
   50  the conditions of supervision, or enter an order of revocation,
   51  thereby causing the return of the inmate to prison to serve the
   52  sentence imposed. The provisions of This section does do not
   53  prohibit the panel from entering such other order or conducting
   54  any investigation that it deems proper. The commission may only
   55  place a person in a local detention facility pursuant to this
   56  section only if there is a contractual agreement between the
   57  chief correctional officer of that county and the Department of
   58  Corrections. The agreement must provide for a per diem
   59  reimbursement for each person placed under this section, which
   60  is payable by the Department of Corrections for the duration of
   61  the offender’s placement in the facility. This section does not
   62  limit the commission’s ability to place a person in a state
   63  prison or local detention facility for less than 1 year.
   64         Section 2. This act shall take effect July 1, 2011.