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         947.148Supervised 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, or conditional 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