Florida Senate - 2017 CS for CS for SB 1604
By the Committees on Governmental Oversight and Accountability;
and Criminal Justice; and Senator Bracy
585-03377-17 20171604c2
1 A bill to be entitled
2 An act relating to the Department of Corrections;
3 amending s. 943.04, F.S.; authorizing the Department
4 of Law Enforcement to issue an investigative demand
5 seeking the production of an inmate’s protected health
6 information, medical records, or mental health records
7 under certain circumstances; specifying requirements
8 for the investigative demand; amending s. 944.151,
9 F.S.; revising legislative intent; revising membership
10 requirements for the safety and security review
11 committee appointed by the Department of Corrections;
12 specifying the duties of the committee; requiring the
13 department to direct appropriate staff to complete
14 specified duties of the department; revising
15 scheduling requirements for inspections of state and
16 private correctional institutions and facilities;
17 revising the list of institutions that must be given
18 priority for inspection; revising the list of
19 institutions that must be given priority for certain
20 security audits; revising minimum audit and evaluation
21 requirements; requiring the department to direct
22 appropriate staff to review staffing policies and
23 practices as needed; conforming provisions to changes
24 made by the act; amending s. 944.17, F.S.; authorizing
25 the department to receive specified documents
26 electronically at its discretion; amending s. 944.275,
27 F.S.; revising the conditions on which an inmate may
28 be granted a one-time award of 60 additional days of
29 incentive gain-time by the department; clarifying when
30 gain-time can be earned; amending s. 944.597, F.S.;
31 revising provisions relating to training of a
32 transport company’s employees before transporting
33 prisoners; amending s. 945.36, F.S.; exempting
34 employees of a contracted community correctional
35 center from certain health testing regulations for the
36 limited purpose of administering urine screen drug
37 tests on inmates and releasees; amending s. 958.11,
38 F.S.; deleting a provision authorizing the department
39 to assign 18-year-old youthful offenders to the 19-24
40 age group facility under certain circumstances;
41 deleting a condition that all female youth offenders
42 are allowed to continue to be housed together only
43 until certain institutions are established or adapted
44 for separation by age and custody classifications;
45 authorizing inmates who are 17 years of age or under
46 to be placed at an adult facility for specified
47 purposes, subject to certain conditions; authorizing
48 the department to retain certain youthful offenders
49 until 25 years of age in a facility designated for 18-
50 to 22-year-old youth offenders under certain
51 circumstances; conforming provisions to changes made
52 by the act; amending s. 921.002, F.S.; conforming a
53 cross-reference; amending s. 947.149, F.S.; defining
54 the term “inmate with a debilitating illness”;
55 expanding eligibility for conditional medical release
56 to include inmates with debilitating illnesses;
57 providing criteria for eligibility; requiring the
58 department to refer an eligible inmate for release;
59 requiring the Commission on Offender Review to verify
60 the referral; requiring that the department‘s referral
61 for release include certain documents; providing an
62 effective date.
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. Subsection (6) is added to section 943.04,
67 Florida Statutes, to read:
68 943.04 Criminal Justice Investigations and Forensic Science
69 Program; creation; investigative, forensic, and related
70 authority.—
71 (6)(a) In furtherance of the duties and responsibilities of
72 the inspector general under s. 944.31, if the Department of Law
73 Enforcement is conducting an investigation or assisting in the
74 investigation of an injury to or death of an inmate which occurs
75 while the inmate is under the custody or control of the
76 Department of Corrections, the department is authorized to,
77 before the initiation of a criminal proceeding relating to such
78 injury or death, issue in writing and serve upon the Department
79 of Corrections an investigative demand seeking the production of
80 the inmate’s protected health information, medical records, or
81 mental health records as specified in s. 945.10(1)(a). The
82 department shall use such records for the limited purpose of
83 investigating or assisting in an investigation of an injury to
84 or death of an inmate for which the records were requested. Any
85 records disclosed pursuant to this subsection remain
86 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
87 of the State Constitution in accordance with s. 945.10(2).
88 (b) The investigative demand must be specific and limited
89 in scope to the extent reasonably practicable in light of the
90 purpose for which the protected health information or records
91 are sought and must include a certification that:
92 1. The protected health information or records sought are
93 relevant and material to a legitimate law enforcement inquiry;
94 2. There is a clear connection between the investigated
95 incident and the inmate whose protected health information and
96 records are sought; and
97 3. De-identified information could not reasonably be used.
98 Section 2. Section 944.151, Florida Statutes, is amended to
99 read:
100 944.151 Safe operation and security of correctional
101 institutions and facilities.—It is the intent of the Legislature
102 that the Department of Corrections shall be responsible for the
103 safe operation and security of the correctional institutions and
104 facilities. The safe operation and security of the state’s
105 correctional institutions and facilities are is critical to
106 ensure public safety and the safety of department employees and
107 offenders, and to contain violent and chronic offenders until
108 offenders are otherwise released from the department’s custody
109 pursuant to law. The Secretary of Corrections shall, at a
110 minimum:
111 (1) Appoint appropriate department staff to a safety and
112 security review committee that which shall evaluate new safety
113 and security technology, review and discuss current issues
114 impacting state and private correctional institutions and
115 facilities, and review and discuss other issues as requested by
116 department management., at a minimum, be composed of: the
117 inspector general, the statewide security coordinator, the
118 regional security coordinators, and three wardens and one
119 correctional officer. The security review committee shall:
120 (2)(a) Direct appropriate department staff to establish a
121 periodic schedule for the physical inspection of buildings and
122 structures of each state and private correctional institution
123 and facility to determine safety and security deficiencies. In
124 scheduling the inspections, priority shall be given to older
125 institutions and facilities;, institutions and facilities that
126 house a large proportion of violent offenders; institutions and
127 facilities that have experienced a significant number of
128 inappropriate incidents of use of force on inmates, assaults on
129 employees, or inmate sexual abuse;, and institutions and
130 facilities that have experienced a significant number of escapes
131 or escape attempts in the past.
132 (3)(b) Direct appropriate department staff to conduct or
133 cause to be conducted announced and unannounced comprehensive
134 security audits of all state and private correctional
135 institutions and facilities. Priority shall be given to those
136 institutions and facilities that have experienced a significant
137 number of inappropriate incidents of use of force on inmates,
138 assaults on employees, or sexual abuse In conducting the
139 security audits, priority shall be given to older institutions,
140 institutions that house a large proportion of violent offenders,
141 and institutions that have experienced a history of escapes or
142 escape attempts. At a minimum, the audit must shall include an
143 evaluation of the physical plant, landscaping, fencing, security
144 alarms and perimeter lighting, and confinement, arsenal, key and
145 lock, and entrance and exit inmate classification and staffing
146 policies. The evaluation of the physical plant policies must
147 include the identification of blind spots or areas where staff
148 or inmates may be isolated and the deployment of video
149 monitoring systems and other appropriate monitoring technologies
150 in such spots or areas. Each correctional institution and
151 facility shall be audited at least annually. The secretary shall
152 annually report the audit general survey findings annually to
153 the Governor and the Legislature.
154 (c) Adopt and enforce minimum security standards and
155 policies that include, but are not limited to:
156 1. Random monitoring of outgoing telephone calls by
157 inmates.
158 2. Maintenance of current photographs of all inmates.
159 3. Daily inmate counts at varied intervals.
160 4. Use of canine units, where appropriate.
161 5. Use of escape alarms and perimeter lighting.
162 6. Florida Crime Information Center/National Crime
163 Information Center capabilities.
164 7. Employment background investigations.
165 (d) Annually make written prioritized budget
166 recommendations to the secretary that identify critical security
167 deficiencies at major correctional institutions.
168 (4)(e) Direct appropriate department staff to investigate
169 and evaluate the usefulness and dependability of existing safety
170 and security technology at state and private correctional the
171 institutions and facilities, investigate and evaluate new
172 available safety and security technology, available and make
173 periodic written recommendations to the secretary on the
174 discontinuation or purchase of various safety and security
175 devices.
176 (5)(f) Direct appropriate department staff to contract, if
177 deemed necessary, with security personnel, consulting engineers,
178 architects, or other safety and security experts the department
179 committee deems necessary for safety and security audits and
180 security consultant services.
181 (6)(g) Direct appropriate department staff, in conjunction
182 with the regional offices, to establish a periodic schedule for
183 conducting announced and unannounced escape simulation drills.
184 (7)(2) Direct appropriate department staff to maintain and
185 produce quarterly reports with accurate escape statistics. For
186 the purposes of these reports, the term “escape” includes all
187 possible types of escape, regardless of prosecution by the state
188 attorney, and includes including offenders who walk away from
189 nonsecure community facilities.
190 (8)(3) Direct appropriate department staff to adopt,
191 enforce, and annually evaluate the emergency escape response
192 procedures, which must shall at a minimum include the immediate
193 notification and inclusion of local and state law enforcement
194 through a mutual aid agreement.
195 (9) Direct appropriate department staff to review staffing
196 policies and practices as needed.
197 (10) Direct appropriate department staff to adopt and
198 enforce minimum safety and security standards and policies that
199 include, but are not limited to:
200 (a) Random monitoring of outgoing telephone calls by
201 inmates.
202 (b) Maintenance of current photographs of all inmates.
203 (c) Daily inmate counts at varied intervals.
204 (d) Use of canine units, where appropriate.
205 (e) Use of escape alarms and perimeter lighting.
206 (f) Use of the Florida Crime Information Center and
207 National Crime Information Center capabilities.
208 (g) Employment background investigations.
209 (11)(4) Direct appropriate department staff to submit in
210 the annual legislative budget request a prioritized summary of
211 critical safety and security deficiencies and repair and
212 renovation security needs.
213 Section 3. Subsection (5) of section 944.17, Florida
214 Statutes, is amended to read:
215 944.17 Commitments and classification; transfers.—
216 (5) The department shall also refuse to accept a person
217 into the state correctional system unless the following
218 documents are presented in a completed form by the sheriff or
219 chief correctional officer, or a designated representative, to
220 the officer in charge of the reception process. The department
221 may, at its discretion, receive such documents electronically:
222 (a) The uniform commitment and judgment and sentence forms
223 as described in subsection (4).
224 (b) The sheriff’s certificate as described in s. 921.161.
225 (c) A certified copy of the indictment or information
226 relating to the offense for which the person was convicted.
227 (d) A copy of the probable cause affidavit for each offense
228 identified in the current indictment or information.
229 (e) A copy of the Criminal Punishment Code scoresheet and
230 any attachments thereto prepared pursuant to Rule 3.701, Rule
231 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
232 any other rule pertaining to the preparation of felony
233 sentencing scoresheets.
234 (f) A copy of the restitution order or the reasons by the
235 court for not requiring restitution pursuant to s. 775.089(1).
236 (g) The name and address of any victim, if available.
237 (h) A printout of a current criminal history record as
238 provided through an FCIC/NCIC printer.
239 (i) Any available health assessments including medical,
240 mental health, and dental, including laboratory or test
241 findings; custody classification; disciplinary and adjustment;
242 and substance abuse assessment and treatment information which
243 may have been developed during the period of incarceration
244 before prior to the transfer of the person to the department’s
245 custody. Available information shall be transmitted on standard
246 forms developed by the department.
247
248 In addition, the sheriff or other officer having such person in
249 charge shall also deliver with the foregoing documents any
250 available presentence investigation reports as described in s.
251 921.231 and any attached documents. After a prisoner is admitted
252 into the state correctional system, the department may request
253 such additional records relating to the prisoner as it considers
254 necessary from the clerk of the court, the Department of
255 Children and Families, or any other state or county agency for
256 the purpose of determining the prisoner’s proper custody
257 classification, gain-time eligibility, or eligibility for early
258 release programs. An agency that receives such a request from
259 the department must provide the information requested. The
260 department may, at its discretion, receive such information
261 electronically.
262 Section 4. Paragraphs (b) and (d) of subsection (4) of
263 section 944.275, Florida Statutes, are amended, and paragraph
264 (f) is added to that subsection, to read:
265 944.275 Gain-time.—
266 (4)
267 (b) For each month in which an inmate works diligently,
268 participates in training, uses time constructively, or otherwise
269 engages in positive activities, the department may grant
270 incentive gain-time in accordance with this paragraph. The rate
271 of incentive gain-time in effect on the date the inmate
272 committed the offense which resulted in his or her incarceration
273 shall be the inmate’s rate of eligibility to earn incentive
274 gain-time throughout the period of incarceration and shall not
275 be altered by a subsequent change in the severity level of the
276 offense for which the inmate was sentenced.
277 1. For sentences imposed for offenses committed prior to
278 January 1, 1994, up to 20 days of incentive gain-time may be
279 granted. If granted, such gain-time shall be credited and
280 applied monthly.
281 2. For sentences imposed for offenses committed on or after
282 January 1, 1994, and before October 1, 1995:
283 a. For offenses ranked in offense severity levels 1 through
284 7, under former s. 921.0012 or former s. 921.0013, up to 25 days
285 of incentive gain-time may be granted. If granted, such gain
286 time shall be credited and applied monthly.
287 b. For offenses ranked in offense severity levels 8, 9, and
288 10, under former s. 921.0012 or former s. 921.0013, up to 20
289 days of incentive gain-time may be granted. If granted, such
290 gain-time shall be credited and applied monthly.
291 3. For sentences imposed for offenses committed on or after
292 October 1, 1995, the department may grant up to 10 days per
293 month of incentive gain-time, except that no prisoner is
294 eligible to earn any type of gain-time in an amount that would
295 cause a sentence to expire, end, or terminate, or that would
296 result in a prisoner’s release, prior to serving a minimum of 85
297 percent of the sentence imposed. For purposes of this
298 subparagraph, credits awarded by the court for time physically
299 incarcerated shall be credited toward satisfaction of 85 percent
300 of the sentence imposed. Except as provided by this section, a
301 prisoner shall not accumulate further gain-time awards at any
302 point when the tentative release date is the same as that date
303 at which the prisoner will have served 85 percent of the
304 sentence imposed. State prisoners sentenced to life imprisonment
305 shall be incarcerated for the rest of their natural lives,
306 unless granted pardon or clemency.
307 (d) Notwithstanding the monthly maximum awards of incentive
308 gain-time under subparagraphs (b)1., and 2., and 3., the
309 education program manager shall recommend, and the Department of
310 Corrections may grant, a one-time award of 60 additional days of
311 incentive gain-time to an inmate who is otherwise eligible and
312 who successfully completes requirements for and is, or has been
313 during the current commitment, awarded a high school equivalency
314 diploma or vocational certificate. Under no circumstances may an
315 inmate receive more than 60 days for educational attainment
316 pursuant to this section.
317 (f) An inmate who is subject to subparagraph (b)3. is not
318 eligible to earn or receive gain-time under paragraph (a),
319 paragraph (b), paragraph (c), or paragraph (d) or any other type
320 of gain-time in an amount that would cause a sentence to expire,
321 end, or terminate, or that would result in a prisoner’s release,
322 before serving a minimum of 85 percent of the sentence imposed.
323 For purposes of this paragraph, credits awarded by the court for
324 time physically incarcerated shall be credited toward
325 satisfaction of 85 percent of the sentence imposed. Except as
326 provided by this section, a prisoner may not accumulate further
327 gain-time awards at any point when the tentative release date is
328 the same as that date at which the prisoner will have served 85
329 percent of the sentence imposed. State prisoners sentenced to
330 life imprisonment shall be incarcerated for the rest of their
331 natural lives, unless granted a pardon or clemency.
332 Section 5. Subsection (2) of section 944.597, Florida
333 Statutes, is amended to read:
334 944.597 Transportation and return of prisoners by private
335 transport company.—
336 (2) The department shall include, but is shall not be
337 limited to, the following requirements in any contract with any
338 transport company:
339 (a) That the transport company shall maintain adequate
340 liability coverage with respect to the transportation of
341 prisoners.;
342 (b) That the transport company shall require its employees
343 to complete at least 100 hours of training before transporting
344 prisoners. The curriculum for such training must be approved by
345 the department and include instruction in:
346 1. Use of restraints;
347 2. Searches of prisoners;
348 3. Use of force, including use of appropriate weapons and
349 firearms;
350 4. Cardiopulmonary resuscitation;
351 5. Map reading; and
352 6. Defensive driving. personnel employed with the transport
353 company who are based in the state shall meet the minimum
354 standards in accordance with s. 943.13 and that personnel
355 employed with the transport company based outside of Florida
356 shall meet the minimum standards for a correctional officer or
357 law enforcement officer in the state where the employee is
358 based;
359 (c) That the transport company shall adhere to standards
360 which provide for humane treatment of prisoners while in the
361 custody of the transport company.;
362 (d) That the transport company shall submit reports to the
363 department regarding incidents of escape, use of force, and
364 accidents involving prisoners in the custody of the transport
365 company.
366 Section 6. Section 945.36, Florida Statutes, is amended to
367 read:
368 945.36 Exemption from health testing regulations for law
369 enforcement personnel conducting drug tests on inmates and
370 releasees.—
371 (1) Any law enforcement officer, state or county probation
372 officer, or employee of the Department of Corrections, or
373 employee of a contracted community correctional center who is
374 certified by the Department of Corrections pursuant to
375 subsection (2), is exempt from part I of chapter 483, for the
376 limited purpose of administering a urine screen drug test to:
377 (a) Persons during incarceration;
378 (b) Persons released as a condition of probation for either
379 a felony or misdemeanor;
380 (c) Persons released as a condition of community control;
381 (d) Persons released as a condition of conditional release;
382 (e) Persons released as a condition of parole;
383 (f) Persons released as a condition of provisional release;
384 (g) Persons released as a condition of pretrial release; or
385 (h) Persons released as a condition of control release.
386 (2) The Department of Corrections shall develop a procedure
387 for certification of any law enforcement officer, state or
388 county probation officer, or employee of the Department of
389 Corrections, or employee of a contracted community correctional
390 center to perform a urine screen drug test on the persons
391 specified in subsection (1).
392 Section 7. Section 958.11, Florida Statutes, is amended to
393 read:
394 958.11 Designation of institutions and programs for
395 youthful offenders; assignment from youthful offender
396 institutions and programs.—
397 (1) The department shall by rule designate separate
398 institutions and programs for youthful offenders and shall
399 employ and utilize personnel specially qualified by training and
400 experience to operate all such institutions and programs for
401 youthful offenders. Youthful offenders who are at least 14 years
402 of age but who have not yet reached the age of 18 19 years at
403 the time of reception shall be separated from youthful offenders
404 who are 18 19 years of age or older, except that if the
405 population of the facilities designated for 14-year-old to 18
406 year-old youthful offenders exceeds 100 percent of lawful
407 capacity, the department may assign 18-year-old youthful
408 offenders to the 19-24 age group facility.
409 (2) Youthful offender institutions and programs shall
410 contain only those youthful offenders sentenced as such by a
411 court or classified as such by the department, pursuant to the
412 requirements of subsections (7) (4) and (9) (6), except that
413 under special circumstances select adult offenders may be
414 assigned to youthful offender institutions. All female youthful
415 offenders of all ages may continue to be housed together at
416 those institutions designated by department rule until such time
417 as institutions for female youthful offenders are established or
418 adapted to allow for separation by age and to accommodate all
419 custody classifications.
420 (3) The department may assign a youthful offender who is 18
421 years of age or older to a facility in the state correctional
422 system which is not designated for the care, custody, control,
423 and supervision of youthful offenders or an age group only in
424 the following circumstances:
425 (a) If the youthful offender is convicted of a new crime
426 that which is a felony under the laws of this state.
427 (b) If the youthful offender becomes such a serious
428 management or disciplinary problem resulting from serious
429 violations of the rules of the department that his or her
430 original assignment would be detrimental to the interests of the
431 program and to other inmates committed thereto.
432 (c) If the youthful offender needs medical treatment,
433 health services, or other specialized treatment otherwise not
434 available at the youthful offender facility.
435 (d) If the department determines that the youthful offender
436 should be transferred outside of the state correctional system,
437 as provided by law, for services not provided by the department.
438 (e) If bed space is not available in a designated community
439 residential facility, the department may assign a youthful
440 offender to a community residential facility, provided that the
441 youthful offender is separated from other offenders insofar as
442 is practical.
443 (4) The department may assign a youthful offender whose age
444 does not exceed 17 years to an adult facility for medical or
445 mental health reasons, for protective management, or for close
446 management. The youthful offender shall be separated from
447 offenders who are 18 years of age or older.
448 (5)(f) If the youthful offender was originally assigned to
449 a facility designated for 14- to 17-year-old 14-year-old to 18
450 year-old youthful offenders, but subsequently reaches the age of
451 18 19 years, the department may retain the youthful offender in
452 a the facility designated for 18- to 22-year-old youthful
453 offenders if the department determines that it is in the best
454 interest of the youthful offender and the department.
455 (6) If the youthful offender was originally assigned to a
456 facility designated for 18- to 22-year-old youthful offenders,
457 but subsequently reaches the age of 23 years, the department may
458 retain the offender in the facility until the age of 25 if the
459 department determines that it is in the best interest of the
460 youthful offender and the department.
461 (g) If the department determines that a youthful offender
462 originally assigned to a facility designated for the 19-24 age
463 group is mentally or physically vulnerable by such placement,
464 the department may reassign a youthful offender to a facility
465 designated for the 14-18 age group if the department determines
466 that a reassignment is necessary to protect the safety of the
467 youthful offender or the institution.
468 (h) If the department determines that a youthful offender
469 originally assigned to a facility designated for the 14-18 age
470 group is disruptive, incorrigible, or uncontrollable, the
471 department may reassign a youthful offender to a facility
472 designated for the 19-24 age group if the department determines
473 that a reassignment would best serve the interests of the
474 youthful offender and the department.
475 (7)(4) The department shall continuously screen all
476 institutions, facilities, and programs for any inmate who meets
477 the eligibility requirements for youthful offender designation
478 specified in s. 958.04(1)(a) and (c) whose age does not exceed
479 24 years and whose total length of sentence does not exceed 10
480 years, and the department may classify and assign as a youthful
481 offender any inmate who meets the criteria of this subsection.
482 (8)(5) The department shall coordinate all youthful
483 offender assignments or transfers and shall review and maintain
484 access to full and complete documentation and substantiation of
485 all such assignments or transfers of youthful offenders to or
486 from facilities in the state correctional system which are not
487 designated for their care, custody, and control, except
488 assignments or transfers made pursuant to paragraph (3)(c).
489 (9)(6) The department may assign to a youthful offender
490 facility any inmate, except a capital or life felon, whose age
491 does not exceed 19 years but who does not otherwise meet the
492 criteria of this section, if the department determines that such
493 inmate’s mental or physical vulnerability would substantially or
494 materially jeopardize his or her safety in a nonyouthful
495 offender facility. Assignments made under this subsection shall
496 be included in the department’s annual report.
497 Section 8. Paragraph (e) of subsection (1) of section
498 921.002, Florida Statutes, is amended to read:
499 921.002 The Criminal Punishment Code.—The Criminal
500 Punishment Code shall apply to all felony offenses, except
501 capital felonies, committed on or after October 1, 1998.
502 (1) The provision of criminal penalties and of limitations
503 upon the application of such penalties is a matter of
504 predominantly substantive law and, as such, is a matter properly
505 addressed by the Legislature. The Legislature, in the exercise
506 of its authority and responsibility to establish sentencing
507 criteria, to provide for the imposition of criminal penalties,
508 and to make the best use of state prisons so that violent
509 criminal offenders are appropriately incarcerated, has
510 determined that it is in the best interest of the state to
511 develop, implement, and revise a sentencing policy. The Criminal
512 Punishment Code embodies the principles that:
513 (e) The sentence imposed by the sentencing judge reflects
514 the length of actual time to be served, shortened only by the
515 application of incentive and meritorious gain-time as provided
516 by law, and may not be shortened if the defendant would
517 consequently serve less than 85 percent of his or her term of
518 imprisonment as provided in s. 944.275(4) s. 944.275(4)(b)3. The
519 provisions of chapter 947, relating to parole, shall not apply
520 to persons sentenced under the Criminal Punishment Code.
521 Section 9. Section 947.149, Florida Statutes, is amended to
522 read:
523 947.149 Conditional medical release.—
524 (1) The commission shall, in conjunction with the
525 department, establish the conditional medical release program.
526 An inmate is eligible for supervised consideration for release
527 under the conditional medical release program when the inmate,
528 because of an existing medical or physical condition, is
529 determined by the department to be within one of the following
530 designations:
531 (a) “Inmate with a debilitating illness,” which means an
532 inmate who is determined to be suffering from a significant and
533 permanent nonterminal condition, disease, or syndrome that has
534 rendered the inmate so physically or cognitively debilitated or
535 incapacitated as to create a reasonable probability that he or
536 she does not present any danger to society. He or she must have
537 served at least 50 percent of his or her sentence.
538 (b)(a) “Permanently incapacitated inmate,” which means an
539 inmate who has a condition caused by injury, disease, or illness
540 which, to a reasonable degree of medical certainty, renders the
541 inmate permanently and irreversibly physically incapacitated to
542 the extent that the inmate does not constitute a danger to
543 herself or himself or others.
544 (c)(b) “Terminally ill inmate,” which means an inmate who
545 has a condition caused by injury, disease, or illness which, to
546 a reasonable degree of medical certainty, renders the inmate
547 terminally ill to the extent that there can be no recovery and
548 death is imminent, so that the inmate does not constitute a
549 danger to herself or himself or others.
550 (2) To be eligible, an inmate must also be determined by
551 the department to meet all of the following criteria:
552 (a) Has been convicted of a felony.
553 (b) Has no current or prior conviction for a capital or
554 first degree felony, for a sexual offense, or for an offense
555 involving a child.
556 (c) Has not received a disciplinary report within the
557 previous 6 months.
558 (d) Has never received a disciplinary report for a violent
559 act.
560 (e) Has renounced any gang affiliation.
561 (3)(2) Notwithstanding any provision to the contrary, any
562 person determined eligible under this section and sentenced to
563 the custody of the department shall may, upon referral by the
564 department and verification of eligibility by commission, be
565 placed on considered for conditional medical release by the
566 commission, in addition to any parole consideration for which
567 the inmate may be considered, except that conditional medical
568 release is not authorized for an inmate who is under sentence of
569 death.
570 (4) No inmate has a right to conditional medical release or
571 to a medical evaluation to determine eligibility for such
572 release.
573 (5)(a)(3) The commission has the authority and whether or
574 not to grant conditional medical release and establish
575 additional conditions of conditional medical release rests
576 solely within the discretion of the commission, in accordance
577 with the provisions of this section, together with the authority
578 to approve the release plan proposed by the department to
579 include necessary medical care and attention.
580 (b) The department shall identify inmates who may be
581 eligible for conditional medical release based upon available
582 medical information and shall refer them to the commission if
583 they are eligible under this section for consideration. In
584 considering an inmate for conditional medical release, the
585 commission may require that additional medical evidence be
586 produced or that additional medical examinations be conducted,
587 and may require such other investigations to be made as may be
588 warranted.
589 (c) The referral by the department to the commission must
590 include the following information:
591 1. Proposed conditional medical release plan.
592 2. Any relevant medical history, including current medical
593 prognosis.
594 3. Prison experience and criminal history. The criminal
595 history must include all of the following:
596 a. A claim of innocence, if any.
597 b. The degree to which the inmate accepts responsibility
598 for his or her acts leading to the conviction of the crime.
599 c. How any claim of responsibility has affected the
600 inmate’s feelings of remorse.
601 4. Any history of substance abuse and mental health issues.
602 5. Any disciplinary action taken against the inmate while
603 in prison.
604 6. Any participation in prison work and other prison
605 programs.
606 7. Any other information deemed necessary by the
607 department.
608 (d) In verifying eligibility of an inmate for conditional
609 medical release, the commission shall review the information
610 provided by the department.
611 (e) The commission must finish its verification of the
612 eligibility of an inmate within 60 days after the department
613 refers the inmate for conditional medical release.
614 (6)(4) The conditional medical release term of an inmate
615 released on conditional medical release is for the remainder of
616 the inmate’s sentence, without diminution of sentence for good
617 behavior. Supervision of the medical releasee must include
618 periodic medical evaluations at intervals included in the
619 recommended release plan and approved determined by the
620 commission at the time of release. Supervision may also include
621 electronic monitoring.
622 (7)(a)(5)(a) If it is discovered during the conditional
623 medical release that the medical or physical condition of the
624 medical releasee has improved to the extent that she or he would
625 no longer be eligible for conditional medical release under this
626 section, the commission may order that the releasee be returned
627 to the custody of the department for a conditional medical
628 release revocation hearing, in accordance with s. 947.141. If
629 conditional medical release is revoked due to improvement in the
630 medical or physical condition of the releasee, she or he shall
631 serve the balance of her or his sentence with credit for the
632 time served on conditional medical release and without
633 forfeiture of any gain-time accrued prior to conditional medical
634 release. If the person whose conditional medical release is
635 revoked due to an improvement in medical or physical condition
636 would otherwise be eligible for parole or any other release
637 program, the person may be considered for such release program
638 pursuant to law.
639 (b) In addition to revocation of conditional medical
640 release pursuant to paragraph (a), conditional medical release
641 may also be revoked for violation of any condition of the
642 release established by the commission, in accordance with s.
643 947.141, and the releasee’s gain-time may be forfeited pursuant
644 to s. 944.28(1).
645 (8)(6) The department and the commission shall adopt rules
646 as necessary to implement the conditional medical release
647 program.
648 Section 10. This act shall take effect July 1, 2017.