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.