Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 1604 Ì843456;Î843456 LEGISLATIVE ACTION Senate . House Comm: WD . 03/21/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Bracy) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 470 and 471 4 insert: 5 Section 9. Paragraph (e) of subsection (1) of section 6 921.002, Florida Statutes, is amended to read: 7 921.002 The Criminal Punishment Code.—The Criminal 8 Punishment Code shall apply to all felony offenses, except 9 capital felonies, committed on or after October 1, 1998. 10 (1) The provision of criminal penalties and of limitations 11 upon the application of such penalties is a matter of 12 predominantly substantive law and, as such, is a matter properly 13 addressed by the Legislature. The Legislature, in the exercise 14 of its authority and responsibility to establish sentencing 15 criteria, to provide for the imposition of criminal penalties, 16 and to make the best use of state prisons so that violent 17 criminal offenders are appropriately incarcerated, has 18 determined that it is in the best interest of the state to 19 develop, implement, and revise a sentencing policy. The Criminal 20 Punishment Code embodies the principles that: 21 (e) The sentence imposed by the sentencing judge reflects 22 the length of actual time to be served, shortened only by the 23 application of incentive and meritorious gain-time as provided 24 by law, and may not be shortened if the defendant would 25 consequently serve less than 85 percent of his or her term of 26 imprisonment as provided in s. 944.275(4)(b)3.; however, a 27 defendant who is 65 years of age or older may have his or her 28 sentence reduced by up to 50 percent as a result of a favorable 29 determination made by the Florida Commission on Offender Review 30 under a discretionary and revocable release program provided in 31 s. 947.148 or s. 947.149. The provisions of chapter 947, 32 relating to parole, shall not apply to persons sentenced under 33 the Criminal Punishment Code. 34 Section 10. Subsection (1) of section 945.6034, Florida 35 Statutes, is amended to read: 36 945.6034 Minimum health care standards.— 37 (1) The Assistant Secretary for Health Services is 38 responsible for developing a comprehensive health care delivery 39 system and promulgating all department health care standards. 40 Such health care standards shall include, but are not limited 41 to, rules relating to the management structure of the health 42 care system and the provision of health care services to 43 inmates, health care policies, health care plans, quality 44 management systems and procedures, health service bulletins, and 45 treatment protocols. In establishing standards of care, the 46 department shall examine and consider the needs of inmates older 47 than 50 years of age and adopt health care standards unique to 48 this population. 49 Section 11. Section 947.148, Florida Statutes, is created 50 to read: 51 947.148 Supervised conditional elderly release.— 52 (1) The commission shall, in conjunction with the 53 department, establish a supervised conditional elderly release 54 program. 55 (2) An inmate is eligible for the commission’s 56 consideration for release under the program when the inmate is 57 determined by the department to meet all of the following 58 criteria: 59 (a) Is 65 years of age or older. 60 (b) Has been convicted of a felony and has served at least 61 50 percent of his or her sentence. 62 (c) Is not eligible for parole or conditional medical 63 release. 64 (d) Has no more than two prior felony convictions, neither 65 of which is: 66 1. A capital offense; 67 2. A violent felony of the first degree; 68 3. A sexual offense; or 69 4. An offense involving a child. 70 (e) Is not currently sentenced for: 71 1. A capital offense; 72 2. A sexual offense; or 73 3. An offense involving a child. 74 (f) Has not received a disciplinary report within the 75 previous 6 months. 76 (3) A petition filed on behalf of an inmate to participate 77 in the program must contain the inmate’s: 78 (a) Proposed release plan. 79 (b) Any relevant medical history, including current medical 80 prognosis. 81 (c) Prison experience and criminal history. The criminal 82 history must include all of the following: 83 1. A claim of innocence, if any. 84 2. The degree to which the inmate accepts responsibility 85 for his or her acts leading to the conviction of the crime. 86 3. How any claim of responsibility has affected the 87 inmate’s feelings of remorse. 88 (d) Any history of substance abuse and mental health 89 issues. 90 (e) Any disciplinary action taken against the inmate while 91 in prison. 92 (f) Any participation in prison work and other prison 93 programs. 94 (g) Any renunciation of gang affiliation. 95 (4) An inmate may not file a new petition within 1 year 96 after receiving notification of denial of his or her petition to 97 participate in the supervised conditional elderly release 98 program. A petition that is filed before the 1-year period ends 99 shall be returned to the inmate, along with a notation 100 indicating the date that the petition may be refiled. 101 (5) All matters relating to the granting, denying, or 102 revoking of an inmate’s supervised conditional release shall be 103 decided in a meeting that is open to the public. A victim of the 104 crime committed by the inmate, the victim’s parent or guardian 105 if the victim is a minor, or the lawful representative of the 106 victim or of the victim’s parent or guardian if the victim is a 107 minor may make an oral statement or submit a written statement 108 regarding his or her views as to the granting, denying, or 109 revoking of the inmate’s supervised conditional release. A 110 person who is not a member or employee of the commission, the 111 victim of the crime committed by the inmate, the victim’s parent 112 or guardian if the victim is a minor, or the lawful 113 representative of the victim or of the victim’s parent or 114 guardian if the victim is a minor may participate in 115 deliberations concerning the granting, denying, or revoking of 116 an inmate’s supervised conditional release only upon the prior 117 written approval of the chair of the commission. The commission 118 shall notify a victim of the crime committed by the inmate, the 119 victim’s parent or guardian if the victim is a minor, or the 120 lawful representative of the victim or of the victim’s parent or 121 guardian if the victim is a minor: 122 (a) Of the inmate’s petition for supervised conditional 123 release within 30 days after the petition is received by the 124 commission; 125 (b) Of the commission’s meeting within 30 days before the 126 meeting; and 127 (c) Of the commission’s decision within 30 days after the 128 decision. 129 (6) The commission may approve an inmate for participation 130 in the supervised conditional elderly release program if the 131 inmate demonstrates all of the following: 132 (a) Successful participation in programs designed to 133 restore the inmate as a useful and productive person in the 134 community upon release. 135 (b) Genuine reform and changed behavior over a period of 136 years. 137 (c) Remorse for actions that have caused pain and suffering 138 to the victims of his or her offenses. 139 (d) A renunciation of criminal activity and gang 140 affiliation if the inmate was a member of a gang. 141 (7) In considering an inmate’s eligibility for 142 participation in the program, the commission shall review the 143 inmate’s: 144 (a) Entire criminal history and record; 145 (b) Complete medical history, including history of 146 substance abuse, mental health issues, and current medical 147 prognosis; 148 (c) Prison disciplinary record; 149 (d) Work record; 150 (e) Participation in prison programs; and 151 (f) Gang affiliation, if any. 152 153 The commission shall consider the inmate’s responsibility for 154 the acts leading to the conviction, including prior and 155 continued statements of innocence and the inmate’s feelings of 156 remorse. 157 (8)(a) An examiner shall interview an inmate within 90 days 158 after a petition is filed on behalf of the inmate. An interview 159 may be postponed for a period not to exceed 90 days. Such 160 postponement must be for good cause, which includes, but is not 161 limited to, the need for the commission to obtain a presentence 162 or postsentence investigation report or a violation report. The 163 reason for postponement shall be noted in writing and included 164 in the official record. A postponement for good cause may not 165 result in an interview being conducted later than 90 days after 166 the inmate’s initial scheduled interview. 167 (b) During the interview, the examiner shall explain the 168 program to the inmate and review the inmate’s information 169 described in subsection (7). 170 (c) Within 10 days after the interview, the examiner shall 171 deny the petition or recommend in writing to a panel of at least 172 two commissioners appointed by the chair a release date for the 173 inmate. The commissioners are not bound by the examiner’s 174 recommended release date. 175 (9) An inmate may not be placed in the program merely as a 176 reward for good conduct or efficient performance of duties 177 assigned in prison. An inmate may not be placed in the program 178 unless the commission finds that there is reasonable probability 179 that, if the inmate is placed in the program, he or she will 180 live and conduct himself or herself as a respectable and law 181 abiding person and that the inmate’s release will be compatible 182 with his or her own welfare and the welfare of society. 183 (10) If the commission accepts the petition, approves the 184 proposed release plan, and determines that the inmate is 185 eligible for the program, a panel of at least two commissioners 186 shall establish the terms and conditions of the supervised 187 release. When granting supervised release under the program, the 188 commission shall require the inmate to participate in 10 hours 189 of community service for each year served in prison, require the 190 inmate to be subject to electronic monitoring for at least 1 191 year, and require the inmate to pay reparation or restitution to 192 the victim for the damage or loss caused by the offense for 193 which the inmate was imprisoned. The commission may elect not to 194 impose any or all of the conditions if it finds reason that it 195 should not do so. If the commission does not order restitution 196 or orders only partial restitution, the commission must state on 197 the record the reasons for its decision. The amount of such 198 reparation or restitution shall be determined by the commission. 199 (11) The commission may impose special conditions it 200 considers warranted from its review of the release plan and the 201 inmate’s record, including, but not limited to, a requirement 202 that an inmate: 203 (a) Pay any debt due and owing to the state under s. 960.17 204 or pay attorney fees and costs that are owed to the state under 205 s. 938.29. 206 (b) Not leave the state or a specified area within the 207 state without the consent of the commission. 208 (c) Not associate with persons engaged in criminal 209 activity. 210 (d) Carry out the instructions of his or her supervising 211 correctional probation officer. 212 (12)(a) An inmate may request a review of the terms and 213 conditions of his or her release under the program. A panel of 214 at least two commissioners appointed by the chair shall consider 215 the inmate’s request, render a written decision and the reasons 216 for the decision to continue or to modify the terms and 217 conditions of the supervised release, and inform the inmate of 218 the decision in writing within 30 days after the date of receipt 219 of the request for review. During the period of review of the 220 terms and conditions of the supervised release, the inmate is 221 subject to the authorized terms and conditions of the supervised 222 release until such time that a decision is made to continue or 223 modify the terms and conditions of the supervised release. 224 (b) The length of supervision shall be the remaining amount 225 of time the inmate has yet to serve, including calculations for 226 gain-time credit, as determined by the department. 227 (c) An inmate’s participation in the program is voluntary, 228 and the inmate must agree to abide by all terms and conditions 229 of the supervised release. The commission, upon authorizing a 230 supervised release date, shall specify in writing the terms and 231 conditions of the program supervision and provide a certified 232 copy of these terms and conditions to the inmate. 233 (13)(a) At the time of sentencing, a trial court judge may 234 enter an order retaining jurisdiction over an offender for 235 review of a release order by the commission under this section. 236 Such jurisdiction of the trial court judge is limited to the 237 first one-third of the maximum sentence imposed. When an 238 offender is convicted of two or more felonies and concurrent 239 sentences are imposed, the jurisdiction of the trial court 240 applies to the first one-third of the maximum sentence imposed 241 for the most severe felony for which the offender was convicted. 242 When an offender is convicted of two or more felonies and 243 consecutive sentences are imposed, the jurisdiction of the trial 244 court judge applies to the first one-third of the total 245 consecutive sentences imposed. 246 (b) In retaining jurisdiction for purposes of this 247 subsection, a trial court must state the justification with 248 individual particularity, and such justification shall be made a 249 part of the court record. A copy of the justification and the 250 uniform commitment form issued by the court pursuant to s. 251 944.17 shall be delivered to the department. 252 (c) Gain-time as provided for by law shall accrue, except 253 that an offender over whom the trial court has retained 254 jurisdiction as provided in this subsection may not be released 255 during the first one-third of his or her sentence by reason of 256 gain-time. 257 (d) In such a case of retained jurisdiction, the 258 commission, within 30 days after the entry of its release order, 259 shall send notice of its release order to the original 260 sentencing judge and to the appropriate state attorney. The 261 release order is contingent upon entry of an order by the 262 appropriate circuit judge relinquishing jurisdiction as provided 263 for in paragraph (e). If the original sentencing judge is no 264 longer serving, notice shall be sent to the chief judge of the 265 circuit in which the offender was sentenced. The chief judge may 266 designate a circuit judge within the circuit to act in the place 267 of the original sentencing judge. 268 (e) The original sentencing judge or his or her replacement 269 shall notify the commission within 10 days after receipt of the 270 notice required under paragraph (d) as to whether the court 271 desires to retain jurisdiction. If the original sentencing judge 272 or his or her replacement does not so notify the commission 273 within the 10-day period or notifies the commission that the 274 court does not desire to retain jurisdiction, the commission may 275 dispose of the matter as it sees fit. 276 (f) Upon receipt of notice of intent to retain jurisdiction 277 from the original sentencing judge or his or her replacement, 278 the commission shall, within 10 days, forward to the court its 279 release order, the examiner’s report and recommendation, and all 280 supporting information upon which its release order was based. 281 (g) Within 30 days after receipt of the items listed in 282 paragraph (f), the original sentencing judge or his or her 283 replacement shall review the order, findings, and evidence. If 284 the judge finds that the order of the commission is not based on 285 competent, substantial evidence or that participation in the 286 program is not in the best interest of the community or the 287 inmate, the court may vacate the release order. The judge or his 288 or her replacement shall notify the commission of the decision 289 of the court, and, if the release order is vacated, such 290 notification must contain the evidence relied on and the reasons 291 for denial. A copy of the notice shall be sent to the inmate. 292 (14) A correctional probation officer as defined in s. 293 943.10 shall supervise the inmate released under this program. 294 (15) The department and the commission shall adopt rules to 295 administer this section. 296 Section 12. Section 947.141, Florida Statutes, is amended, 297 to read: 298 947.141 Violations of conditional release, control release, 299 supervised conditional elderly release,orconditional medical 300 release, or addiction-recovery supervision.— 301 (1) If a member of the commission or a duly authorized 302 representative of the commission has reasonable grounds to 303 believe that an offender who is on release supervision under s. 304 947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has 305 violated the terms and conditions of the release in a material 306 respect, such member or representative may cause a warrant to be 307 issued for the arrest of the releasee; if the offender was found 308 to be a sexual predator, the warrant must be issued. 309 (2) Upon the arrest on a felony charge of an offender who 310 is on release supervision under s. 947.1405, s. 947.146, s. 311 947.148, s. 947.149, or s. 944.4731, the offender must be 312 detained without bond until the initial appearance of the 313 offender at which a judicial determination of probable cause is 314 made. If the trial court judge determines that there was no 315 probable cause for the arrest, the offender may be released. If 316 the trial court judge determines that there was probable cause 317 for the arrest, such determination also constitutes reasonable 318 grounds to believe that the offender violated the conditions of 319 the release. Within 24 hours after the trial court judge’s 320 finding of probable cause, the detention facility administrator 321 or designee shall notify the commission and the department of 322 the finding and transmit to each a facsimile copy of the 323 probable cause affidavit or the sworn offense report upon which 324 the trial court judge’s probable cause determination is based. 325 The offender must continue to be detained without bond for a 326 period not exceeding 72 hours excluding weekends and holidays 327 after the date of the probable cause determination, pending a 328 decision by the commission whether to issue a warrant charging 329 the offender with violation of the conditions of release. Upon 330 the issuance of the commission’s warrant, the offender must 331 continue to be held in custody pending a revocation hearing held 332 in accordance with this section. 333 (3) Within 45 days after notice to the Florida Commission 334 on Offender Review of the arrest of a releasee charged with a 335 violation of the terms and conditions of conditional release, 336 control release, supervised conditional elderly release, 337 conditional medical release, or addiction-recovery supervision, 338 the releasee must be afforded a hearing conducted by a 339 commissioner or a duly authorized representative thereof. If the 340 releasee elects to proceed with a hearing, the releasee must be 341 informed orally and in writing of the following: 342 (a) The alleged violation with which the releasee is 343 charged. 344 (b) The releasee’s right to be represented by counsel. 345 (c) The releasee’s right to be heard in person. 346 (d) The releasee’s right to secure, present, and compel the 347 attendance of witnesses relevant to the proceeding. 348 (e) The releasee’s right to produce documents on the 349 releasee’s own behalf. 350 (f) The releasee’s right of access to all evidence used 351 against the releasee and to confront and cross-examine adverse 352 witnesses. 353 (g) The releasee’s right to waive the hearing. 354 (4) Within a reasonable time following the hearing, the 355 commissioner or the commissioner’s duly authorized 356 representative who conducted the hearing shall make findings of 357 fact in regard to the alleged violation. A panel of no fewer 358 than two commissioners shall enter an order determining whether 359 the charge of violation of conditional release, control release, 360 supervised conditional elderly release, conditional medical 361 release, or addiction-recovery supervision has been sustained 362 based upon the findings of fact presented by the hearing 363 commissioner or authorized representative. By such order, the 364 panel may revoke conditional release, control release, 365 supervised conditional elderly release, conditional medical 366 release, or addiction-recovery supervision and thereby return 367 the releasee to prison to serve the sentence imposed, reinstate 368 the original order granting the release, or enter such other 369 order as it considers proper. Effective for inmates whose 370 offenses were committed on or after July 1, 1995, the panel may 371 order the placement of a releasee, upon a finding of violation 372 pursuant to this subsection, into a local detention facility as 373 a condition of supervision. 374 (5) Effective for inmates whose offenses were committed on 375 or after July 1, 1995, notwithstanding the provisions of ss. 376 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and 377 951.23, or any other law to the contrary, by such order as 378 provided in subsection (4), the panel, upon a finding of guilt, 379 may, as a condition of continued supervision, place the releasee 380 in a local detention facility for a period of incarceration not 381 to exceed 22 months. Prior to the expiration of the term of 382 incarceration, or upon recommendation of the chief correctional 383 officer of that county, the commission shall cause inquiry into 384 the inmate’s release plan and custody status in the detention 385 facility and consider whether to restore the inmate to 386 supervision, modify the conditions of supervision, or enter an 387 order of revocation, thereby causing the return of the inmate to 388 prison to serve the sentence imposed. The provisions of this 389 section do not prohibit the panel from entering such other order 390 or conducting any investigation that it deems proper. The 391 commission may only place a person in a local detention facility 392 pursuant to this section if there is a contractual agreement 393 between the chief correctional officer of that county and the 394 Department of Corrections. The agreement must provide for a per 395 diem reimbursement for each person placed under this section, 396 which is payable by the Department of Corrections for the 397 duration of the offender’s placement in the facility. This 398 section does not limit the commission’s ability to place a 399 person in a local detention facility for less than 1 year. 400 (6) Whenever a conditional release, control release, 401 supervised conditional elderly release, conditional medical 402 release, or addiction-recovery supervision is revoked by a panel 403 of no fewer than two commissioners and the releasee is ordered 404 to be returned to prison, the releasee, by reason of the 405 misconduct, shall be deemed to have forfeited all gain-time or 406 commutation of time for good conduct, as provided for by law, 407 earned up to the date of release. However, if a conditional 408 medical release is revoked due to the improved medical or 409 physical condition of the releasee, the releasee shall not 410 forfeit gain-time accrued before the date of conditional medical 411 release. This subsection does not deprive the prisoner of the 412 right to gain-time or commutation of time for good conduct, as 413 provided by law, from the date of return to prison. 414 (7) If a law enforcement officer has probable cause to 415 believe that an offender who is on release supervision under s. 416 947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has 417 violated the terms and conditions of his or her release by 418 committing a felony offense, the officer shall arrest the 419 offender without a warrant, and a warrant need not be issued in 420 the case. 421 (8) If a law enforcement officer or a correctional 422 probation officer has probable cause to believe that an offender 423 who is supervised under the supervised conditional elderly 424 release program has violated the terms and conditions of his or 425 her supervision in a material respect, the officer may arrest 426 the offender without warrant and bring him or her before one or 427 more commissioners or a duly authorized representative of the 428 commission. Proceedings must take place after a warrant has been 429 issued by a member of the commission or a duly authorized 430 representative of the commission. 431 Section 13. Present paragraphs (a) and (b) of subsection 432 (1) of section 947.149, Florida Statutes, are redesignated as 433 paragraphs (b) and (c), respectively, a new paragraph (a) is 434 added to that subsection, and subsection (5) of that section is 435 republished, to read: 436 947.149 Conditional medical release.— 437 (1) The commission shall, in conjunction with the 438 department, establish the conditional medical release program. 439 An inmate is eligible for consideration for release under the 440 conditional medical release program when the inmate, because of 441 an existing medical or physical condition, is determined by the 442 department to be within one of the following designations: 443 (a) “Elderly and infirm inmate,” which means an inmate who 444 has no current or prior conviction for a capital or first degree 445 felony, who has no current or prior conviction for a sexual 446 offense or an offense against a child, who is 65 years of age or 447 older, and who has a condition caused by injury, disease, or 448 illness which, to a reasonable degree of medical certainty, 449 renders the inmate infirm or physically impaired to the extent 450 that the inmate does not constitute a danger to himself or 451 herself or others. 452 (5)(a) If it is discovered during the conditional medical 453 release that the medical or physical condition of the medical 454 releasee has improved to the extent that she or he would no 455 longer be eligible for conditional medical release under this 456 section, the commission may order that the releasee be returned 457 to the custody of the department for a conditional medical 458 release revocation hearing, in accordance with s. 947.141. If 459 conditional medical release is revoked due to improvement in the 460 medical or physical condition of the releasee, she or he shall 461 serve the balance of her or his sentence with credit for the 462 time served on conditional medical release and without 463 forfeiture of any gain-time accrued prior to conditional medical 464 release. If the person whose conditional medical release is 465 revoked due to an improvement in medical or physical condition 466 would otherwise be eligible for parole or any other release 467 program, the person may be considered for such release program 468 pursuant to law. 469 (b) In addition to revocation of conditional medical 470 release pursuant to paragraph (a), conditional medical release 471 may also be revoked for violation of any condition of the 472 release established by the commission, in accordance with s. 473 947.141, and the releasee’s gain-time may be forfeited pursuant 474 to s. 944.28(1). 475 Section 14. For the purpose of incorporating the amendment 476 made by this act to section 947.141, Florida Statutes, in a 477 reference thereto, subsection (1) of section 947.1405, Florida 478 Statutes, is reenacted to read: 479 947.1405 Conditional release program.— 480 (1) This section and s. 947.141 may be cited as the 481 “Conditional Release Program Act.” 482 Section 15. For the purpose of incorporating the amendment 483 made by this act to section 947.141, Florida Statutes, in 484 references thereto, subsections (12) and (14) of section 485 947.146, Florida Statutes, are reenacted to read: 486 947.146 Control Release Authority.— 487 (12) When the authority has reasonable grounds to believe 488 that an offender released under this section has violated the 489 terms and conditions of control release, such offender shall be 490 subject to the provisions of s. 947.141 and shall be subject to 491 forfeiture of gain-time pursuant to s. 944.28(1). 492 (14) Effective July 1, 1996, all control release dates 493 established prior to such date become void and no inmate shall 494 be eligible for release under any previously established control 495 release date. Offenders who are under control release 496 supervision as of July 1, 1996, shall be subject to the 497 conditions established by the authority until such offenders 498 have been discharged from supervision. Offenders who have 499 warrants outstanding based on violation of supervision as of 500 July 1, 1996, or who violate the terms of their supervision 501 subsequent to July 1, 1996, shall be subject to the provisions 502 of s. 947.141. 503 504 ================= T I T L E A M E N D M E N T ================ 505 And the title is amended as follows: 506 Delete line 53 507 and insert: 508 provisions to changes made by the act; amending s. 509 921.002, F.S.; authorizing defendants 65 years of age 510 or older who receive favorable determinations from the 511 commission under discretionary and revocable release 512 programs to serve less than 85 percentage of their 513 sentences; authorizing the reduction in sentence up to 514 a specified percentage based on such determination; 515 amending s. 945.6034, F.S.; requiring the Department 516 of Corrections to consider the needs of inmates older 517 than 50 years of age and adopt health care standards 518 for that population; creating s. 947.148, F.S.; 519 requiring the Florida Commission on Offender Review, 520 in conjunction with the department, to establish a 521 supervised conditional elderly release program; 522 providing criteria for program eligibility; requiring 523 that the petition to participate in the program 524 include certain documents; prohibiting inmates from 525 filing new petitions under certain circumstances; 526 requiring specified matters to be decided in meetings 527 that are open to the public; authorizing certain 528 persons to make a statement regarding an inmate’s 529 supervised release under the program; requiring that 530 the commission notify certain persons within a 531 specified period regarding specified matters; 532 authorizing the commission to approve an inmate’s 533 participation in the program under certain 534 circumstances; requiring the commission to review 535 certain information in considering an inmate’s 536 eligibility for the program; requiring an examiner to 537 interview an inmate who has filed a petition for 538 supervised release under the program within a 539 specified time; requiring the examiner to explain the 540 program and review certain criteria; requiring that 541 the examiner deny the petition or recommend a release 542 date for the inmate; prohibiting use of the program 543 under certain circumstances; requiring a panel of 544 commissioners to establish terms and conditions of the 545 supervised release under certain circumstances; 546 specifying required conditions for participating in 547 the program; providing exceptions; authorizing the 548 commission to impose special conditions of supervised 549 release; authorizing the inmate to request a review of 550 the terms and conditions of supervised release; 551 specifying the length of the supervised release; 552 providing that participation in the program is 553 voluntary; requiring the commission to specify in 554 writing the terms and conditions of release and 555 provide a certified copy to the inmate; authorizing 556 the trial court judge to enter an order to retain 557 jurisdiction over the offender; providing a limitation 558 of the trial court’s jurisdiction; providing for 559 accrual of gain-time; providing procedures if the 560 trial court retains jurisdiction of the inmate; 561 requiring a correctional probation officer to 562 supervise an inmate who is released under the program; 563 requiring rulemaking; amending s. 947.141, F.S.; 564 conforming provisions to changes made by the act; 565 authorizing the arrest of a releasee under certain 566 circumstances; requiring that the proceedings take 567 place under certain circumstances; amending s. 568 947.149, F.S.; defining the term “elderly and infirm 569 inmate”; expanding eligibility for conditional medical 570 release to include elderly and infirm inmates; 571 reenacting ss. 947.1405(1) and 947.146(12) and (14), 572 F.S., relating to a short title and the Control 573 Release Authority, respectively, to incorporate the 574 amendment made to s. 947.141, F.S., in references 575 thereto; providing an