Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 556
       
       
       
       
       
       
                                Ì544822$Î544822                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 76 - 311
    4  and insert:
    5         (1) FINDINGS.—The Legislature finds that the number of
    6  inmates with terminal medical conditions or who are suffering
    7  from severe debilitating or incapacitating medical conditions
    8  who are incarcerated in the state's prisons has grown
    9  significantly in recent years. Further, the Legislature finds
   10  that the condition of inmates who are terminally ill, or
   11  suffering from a debilitating or incapacitating conditions may
   12  be exacerbated by imprisonment due to the stress linked to
   13  prison life. The Legislature also finds that recidivism rates
   14  are greatly reduced with inmates suffering from such medical
   15  conditions who are released into the community. Therefore, the
   16  Legislature finds that it is of great public importance to find
   17  a compassionate solution to the challenges presented by the
   18  imprisonment of inmates who are terminally ill or are suffering
   19  from a debilitating or incapacitating condition while also
   20  ensuring that the public safety of Florida's communities remains
   21  protected.
   22         (2) CREATION.—There is established a conditional medical
   23  release program within the department for the purpose of
   24  determining whether release is appropriate for eligible inmates,
   25  supervising the released inmates, and conducting revocation
   26  hearings as provided for in this section. The establishment of
   27  the conditional medical release program must include a panel of
   28  at least three people appointed by the secretary or his or her
   29  designee for the purpose of determining the appropriateness of
   30  conditional medical release and conducting revocation hearings
   31  on the inmate releases.
   32         (3)DEFINITIONS.—As used in this section, the term:
   33         (a) “Inmate with a debilitating illness” means an inmate
   34  who is determined to be suffering from a significant terminal or
   35  nonterminal condition, disease, or syndrome that has rendered
   36  the inmate so physically or cognitively impaired, debilitated,
   37  or incapacitated as to create a reasonable probability that the
   38  inmate does not constitute a danger to himself or herself to
   39  others.
   40         (b) “Permanently incapacitated inmate” means an inmate who
   41  has a condition caused by injury, disease, or illness which, to
   42  a reasonable degree of medical certainty, renders the inmate
   43  permanently and irreversibly physically incapacitated to the
   44  extent that the inmate does not constitute a danger to himself
   45  or herself or to others.
   46         (c) “Terminally ill inmate” means an inmate who has a
   47  condition caused by injury, disease, or illness that, to a
   48  reasonable degree of medical certainty, renders the inmate
   49  terminally ill to the extent that there can be no recovery,
   50  death is expected within 12 months, and the inmate does not
   51  constitute a danger to himself or herself or to others.
   52         (4) ELIGIBILITY.—An inmate is eligible for consideration
   53  for release under the conditional medical release program when
   54  the inmate, because of an existing medical or physical
   55  condition, is determined by the department to be an inmate with
   56  a debilitating illness, a permanently incapacitated inmate, or a
   57  terminally ill inmate. Notwithstanding any other provision of
   58  law, an inmate who meets the above criteria may be released from
   59  the custody of the department pursuant to this section prior to
   60  satisfying 85 percent of his or her term of imprisonment.
   61         (5) REFERRAL FOR CONSIDERATION.—
   62         (a)1.Notwithstanding any provision to the contrary, any
   63  inmate in the custody of the department who meets one or more of
   64  the eligibility requirements under subsection (4) must be
   65  considered for conditional medical release.
   66         2. The authority to grant conditional medical release rests
   67  solely with the department. An inmate does not have a right to
   68  release or to a medical evaluation to determine eligibility for
   69  release pursuant to this section.
   70         (b) The department must identify inmates who may be
   71  eligible for conditional medical release based upon available
   72  medical information. In considering an inmate for conditional
   73  medical release, the department may require additional medical
   74  evidence, including examinations of the inmate, or any other
   75  additional investigations the department deems necessary for
   76  determining the appropriateness of the eligible inmate’s
   77  release.
   78         (c) The department must refer an inmate to the panel
   79  established under subsection (2) for review and determination of
   80  conditional medical release upon his or her identification as
   81  potentially eligible for release pursuant to this section.
   82         (d) If the case that resulted in the inmate’s commitment to
   83  the department involved a victim, and the victim specifically
   84  requested notification pursuant to s. 16, Art. I of the State
   85  Constitution, the department must notify the victim of the
   86  inmate’s referral to the panel immediately upon identification
   87  of the inmate as potentially eligible for release under this
   88  section. Additionally, the victim must be afforded the right to
   89  be heard regarding the release of the inmate.
   90         (6) DETERMINATION OF RELEASE.—
   91         (a) Within 45 days after receiving the referral, the panel
   92  established in subsection (2) must conduct a hearing to
   93  determine whether conditional medical release is appropriate for
   94  the inmate. Before the hearing, the director of inmate health
   95  services or his or her designee must review any relevant
   96  information, including, but not limited to, medical evidence,
   97  and provide the panel with a recommendation regarding the
   98  appropriateness of releasing the inmate pursuant to this
   99  section.
  100         (b) A majority of the panel members must agree that the
  101  inmate is appropriate for release pursuant to this section. If
  102  conditional medical release is approved, the inmate must be
  103  released by the department to the community within a reasonable
  104  amount of time with necessary release conditions imposed
  105  pursuant to subsection (7). An inmate who is granted conditional
  106  medical release is considered a medical releasee upon release to
  107  the community.
  108         (c)1. An inmate who is denied conditional medical release
  109  by the panel may have the decision reviewed by the department’s
  110  general counsel and chief medical officer, who must make a
  111  recommendation to the secretary. The secretary must review all
  112  relevant information and make a final decision about the
  113  appropriateness of conditional medical release pursuant to this
  114  section. The decision of the secretary is a final administrative
  115  decision not subject to appeal.
  116         2. An inmate that requests to have the decision reviewed in
  117  accordance with this paragraph must do so in a manner prescribed
  118  in rule. An inmate who is denied conditional medical release may
  119  be subsequently reconsidered for such release in a manner
  120  prescribed by department rule.
  121         (7) RELEASE CONDITIONS.—
  122         (a) An inmate granted release pursuant to this section is
  123  released for a period equal to the length of time remaining on
  124  his or her term of imprisonment on the date the release is
  125  granted. Such inmate is considered a medical releasee upon
  126  release from the department into the community. The medical
  127  releasee must comply with all reasonable conditions of release
  128  the department imposes, which must include, at a minimum:
  129         1. Periodic medical evaluations at intervals determined by
  130  the department at the time of release.
  131         2. Supervision by an officer trained to handle special
  132  offender caseloads.
  133         3. Active electronic monitoring, if such monitoring is
  134  determined to be necessary to ensure the safety of the public
  135  and the medical releasee’s compliance with release conditions.
  136         4. Any conditions of community control provided for in s.
  137  948.101.
  138         5. Any other conditions the department deems appropriate to
  139  ensure the safety of the community and compliance by the medical
  140  releasee.
  141         (b) A medical releasee is considered to be in the custody,
  142  supervision, and control of the department, which, for purposes
  143  of this section does not create a duty for the department to
  144  provide the medical releasee with medical care upon release into
  145  the community. The medical releasee remains eligible to earn or
  146  lose gain-time in accordance with s. 944.275 and department
  147  rule. The medical releasee may not be counted in the prison
  148  system population, and the medical releasee’s approved
  149  community-based housing location may not be counted in the
  150  capacity figures for the prison system.
  151         (8) REVOCATION HEARING AND RECOMMITMENT.—
  152         (a)1.If the medical releasee’s supervision officer or a
  153  duly authorized representative of the department discovers that
  154  the medical or physical condition of the medical releasee has
  155  improved to the extent that she or he would no longer be
  156  eligible for release under this section, then the conditional
  157  medical release may be revoked. The department may order, as
  158  prescribed by department rule, that the medical releasee be
  159  returned to the custody of the department for a conditional
  160  medical release revocation hearing or may allow the medical
  161  releasee to remain in the community pending the revocation
  162  hearing. If the department elects to order the medical releasee
  163  to be returned to custody pending the revocation hearing, the
  164  officer or duly authorized representative may cause a warrant to
  165  be issued for the arrest of the medical releasee.
  166         2. A medical releasee may admit to the allegation of
  167  improved medical or physical condition or may elect to proceed
  168  to a revocation hearing. The revocation hearing must be
  169  conducted by the panel established in subsection (2). Before a
  170  revocation hearing pursuant to this paragraph, the director of
  171  inmate health services or his or her designee must review any
  172  medical evidence pertaining to the medical releasee and provide
  173  the panel with a recommendation regarding the medical releasee’s
  174  improvement and current medical or physical condition.
  175         3. A majority of the panel members must agree that
  176  revocation is appropriate for the medical releasee’s conditional
  177  medical release to be revoked. If conditional medical release is
  178  revoked due to improvement in his or her medical or physical
  179  condition, the medical releasee must be recommitted to the
  180  department to serve the balance of his or her sentence in an
  181  institution designated by the department with credit for the
  182  time served on conditional medical release and without
  183  forfeiture of any gain-time accrued before recommitment. If the
  184  medical releasee whose conditional medical release is revoked
  185  due to an improvement in her or his medical or physical
  186  condition would otherwise be eligible for parole or any other
  187  release program, he or she may be considered for such release
  188  program pursuant to law.
  189         4. A medical releasee whose conditional medical release is
  190  revoked pursuant to this paragraph may have the decision
  191  reviewed by the department’s general counsel and chief medical
  192  officer, who must make a recommendation to the secretary. The
  193  secretary must review all relevant information and make a final
  194  decision about the appropriateness of the revocation of
  195  conditional medical release pursuant to this paragraph. The
  196  decision of the secretary is a final administrative decision not
  197  subject to appeal.
  198         (b)1. The medical releasee’s conditional medical release
  199  may also be revoked for violation of any release conditions the
  200  department establishes, including, but not limited to, a new
  201  violation of law. The department may terminate the medical
  202  releasee's conditional medical release and return him or her to
  203  the same or another institution designated by the department.
  204         2. If a duly authorized representative of the department
  205  has reasonable grounds to believe that a medical releasee has
  206  violated the conditions of his or her release in a material
  207  respect, such representative may cause a warrant to be issued
  208  for the arrest of the medical releasee. A law enforcement
  209  officer or a probation officer may arrest the medical releasee
  210  without a warrant in accordance with s. 948.06, if there are
  211  reasonable grounds to believe he or she has violated the terms
  212  and conditions of his or her conditional medical release. The
  213  law enforcement officer must report the medical releasee's
  214  alleged violations to the supervising probation office or the
  215  department’s emergency action center for initiation of
  216  revocation proceedings as prescribed by the department by rule.
  217         3. If the basis of the violation of release conditions is
  218  related to a new violation of law, the medical releasee must be
  219  detained without bond until his or her initial appearance at
  220  which a judicial determination of probable cause is made. If the
  221  judge determines that there was no probable cause for the
  222  arrest, the medical releasee may be released. If the judge
  223  determines that there was probable cause for the arrest, the
  224  judge’s determination also constitutes reasonable grounds to
  225  believe that the medical releasee violated the conditions of the
  226  conditional medical release.
  227         4. The department must order that the medical releasee
  228  subject to revocation under this paragraph be returned to
  229  department custody for a conditional medical release revocation
  230  hearing. A medical releasee may admit to the alleged violation
  231  of the conditions of conditional medical release or may elect to
  232  proceed to a revocation hearing.
  233         5. A majority of the panel members must agree that
  234  revocation is appropriate for the medical releasee’s conditional
  235  medical release to be revoked. If conditional medical release is
  236  revoked pursuant to this paragraph, the medical releasee must
  237  serve the balance of his or her sentence in an institution
  238  designated by the department with credit for the actual time
  239  served on conditional medical release. The releasee’s gain-time
  240  accrued before recommitment may be forfeited pursuant to s.
  241  944.28(1). If the medical releasee whose conditional medical
  242  release is revoked subject to this paragraph would otherwise be
  243  eligible for parole or any other release program, he or she may
  244  be considered for such release program pursuant to law.
  245         6. A medical releasee whose conditional medical release has
  246  been revoked pursuant to this paragraph may have the revocation
  247  reviewed by the department’s general counsel, who must make a
  248  recommendation to the secretary. The secretary must review all
  249  relevant information and make a final decision about the
  250  appropriateness of the revocation of conditional medical release
  251  pursuant to this paragraph. The decision of the secretary is a
  252  final administrative decision not subject to appeal.
  253         (c)1. If the medical releasee subject to revocation under
  254  paragraph (a) or paragraph (b) elects to proceed with a hearing,
  255  the medical releasee must be informed orally and in writing of
  256  the following:
  257         a. The alleged basis for the pending revocation proceeding
  258  against the releasee.
  259         b. The releasee’s right to be represented by counsel.
  260  However, this sub-subparagraph does not create a right to
  261  publicly funded legal counsel.
  262         c. The releasee’s right to be heard in person.
  263         d. The releasee’s right to secure, present, and compel the
  264  attendance of witnesses relevant to the proceeding.
  265         e. The releasee’s right to produce documents on his or her
  266  own behalf.
  267         f. The releasee’s right of access to all evidence used to
  268  support the revocation proceeding against the releasee and to
  269  confront and cross-examine adverse witnesses.
  270         g. The releasee’s right to waive the hearing.
  271         2. If the panel approves the revocation of the medical
  272  releasee's conditional medical release, the panel must provide a
  273  written statement as to evidence relied on and reasons for
  274  revocation.
  275         (d) A medical releasee whose conditional medical release is
  276  revoked and is recommitted to the department under this
  277  subsection must comply with the 85 percent requirement in
  278  accordance with ss. 921.002 and 944.275 upon recommitment.
  279         (9) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A
  280  TERMINAL CONDITION.—
  281         (a) If an inmate is diagnosed with a terminal medical
  282  condition that makes him or her eligible for consideration for
  283  release under paragraph (3)(c) while in the custody of the
  284  department, subject to confidentiality requirements, the
  285  department must:
  286         1.Notify the inmate’s family or next of kin, and attorney,
  287  if applicable, of such diagnosis within 72 hours of the
  288  diagnosis.
  289         2.Provide the inmate’s family, including extended family,
  290  with an opportunity to visit the inmate in person within 7 days
  291  upon such diagnosis.
  292         3.Initiate a review for conditional medical release as
  293  provided for in this section immediately upon such diagnosis.
  294         (b) If the inmate has mental and physical capacity, he or
  295  she must consent to release of confidential information for the
  296  department to comply with the notification requirements required
  297  in this subsection.
  298         (10) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
  299  and in accordance with s. 13, Art. X of the State Constitution,
  300  members of the panel established in subsection (2) who are
  301  involved with decisions that grant or revoke conditional medical
  302  release are provided immunity from liability for actions that
  303  directly relate to such decisions.
  304         (11) RULEMAKING AUTHORITY.—The department may adopt rules
  305  as
  306  
  307  ================= T I T L E  A M E N D M E N T ================
  308  And the title is amended as follows:
  309         Delete lines 3 - 63
  310  and insert:
  311         creating s. 945.0911, F.S.; providing legislative
  312         findings; establishing the conditional medical release
  313         program within the Department of Corrections;
  314         establishing a panel to consider specified matters;
  315         defining terms; providing for program eligibility;
  316         requiring any inmate who meets certain criteria to be
  317         considered for conditional medical release; providing
  318         that the inmate does not have a right to release or to
  319         a certain medical evaluation; providing for program
  320         eligibility; providing that an inmate may be released
  321         on conditional medical release prior to serving 85
  322         percent of his or her term of imprisonment; requiring
  323         the department to identify eligible inmates; requiring
  324         the department to refer an inmate to the panel for
  325         consideration; providing for victim notification in
  326         certain circumstances; requiring the panel to conduct
  327         a hearing within a specified timeframe; specifying
  328         requirements for the hearing; providing a review
  329         process for an inmate who is denied release; providing
  330         conditions for release; providing that an inmate who
  331         is approved for conditional medical release must be
  332         released from the department in a reasonable amount of
  333         time; providing that an inmate is considered a medical
  334         releasee upon release from the department into the
  335         community; providing that a medical releasee remains
  336         in the custody, supervision, and control of the
  337         department and provides an exception; providing a
  338         medical releasee is eligible to earn or lose gain
  339         time; prohibiting a medical releasee or his or her
  340         community-based housing from being counted in the
  341         prison system population and the prison capacity
  342         figures, respectively; providing for the revocation of
  343         a medical releasee’s conditional medical release;
  344         authorizing the medical releasee to be returned to the
  345         department’s custody if his or her medical or physical
  346         condition improves; requiring a majority of the panel
  347         members to agree on the appropriateness of revocation;
  348         providing that gain-time is not forfeited for
  349         revocation based on improvement in the medical
  350         releasee’s condition; providing a review process for a
  351         medical releasee who has his or her release revoked;
  352         authorizing the medical releasee to be recommitted if
  353         he or she violates any conditions of the release;
  354         requiring that the medical releasee be detained if a
  355         violation is based on certain circumstances; requiring
  356         that a majority of the panel members agree on the
  357         appropriateness of revocation; requiring specified
  358         medical releasees to be recommitted to the department
  359         upon the revocation of the conditional medical
  360         release; authorizing the forfeiture of gain-time if
  361         the revocation is based on certain violations;
  362         providing a review process for a medical releasee who
  363         has his or her release revoked; requiring that the
  364         medical releasee be given specified information in
  365         certain instances; requiring the panel to provide a
  366         written statement as to evidence relied on and reasons
  367         for revocation; requiring the department to notify
  368         certain persons within a specified time frame of an
  369         inmate’s diagnosis of a terminal medical condition;
  370         requiring the department to allow a visit between an
  371         inmate and certain persons within 7 days of a
  372         diagnosis of a terminal medical condition; requiring
  373         the department to initiate the conditional medical
  374         release review process immediately upon an inmate’s
  375         diagnosis of a terminal medical condition; requiring
  376         the inmate to consent to release of information in
  377         certain circumstances; providing members of the panel
  378         have sovereign immunity related to specified
  379         decisions; providing rulemaking authority;