Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 556
       
       
       
       
       
       
                                Ì575744?Î575744                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/12/2019           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 134 - 265
    4  and insert:
    5  pursuant to this section is appropriate for the inmate. If
    6  conditional medical release is approved, the inmate must be
    7  released by the department to the community within a reasonable
    8  amount of time with necessary release conditions imposed
    9  pursuant to subsection (6). An inmate who is granted conditional
   10  medical release is considered a medical releasee upon release to
   11  the community.
   12         (c) An inmate who is denied conditional medical release by
   13  the panel may have the decision reviewed by the department’s
   14  general counsel and chief medical officer, who must make a
   15  recommendation to the secretary. The secretary must review all
   16  relevant information and make a final decision about the
   17  appropriateness of conditional medical release pursuant to this
   18  section. The decision of the secretary is a final administrative
   19  decision not subject to appeal. An inmate who is denied
   20  conditional medical release may be subsequently reconsidered for
   21  such release in a manner prescribed by department rule.
   22         (6) RELEASE CONDITIONS.—
   23         (a) An inmate granted release pursuant to this section is
   24  released for a period equal to the length of time remaining on
   25  his or her term of imprisonment on the date the release is
   26  granted. Such inmate is considered a medical releasee upon
   27  release from the department into the community. The medical
   28  releasee must comply with all reasonable conditions of release
   29  the department imposes, which must include, at a minimum:
   30         1. Periodic medical evaluations at intervals determined by
   31  the department at the time of release.
   32         2. Supervision by an officer trained to handle special
   33  offender caseloads.
   34         3. Active electronic monitoring, if such monitoring is
   35  determined to be necessary to ensure the safety of the public
   36  and the medical releasee’s compliance with release conditions.
   37         4. Any conditions of community control provided for in s.
   38  948.101.
   39         5. Any other conditions the department deems appropriate to
   40  ensure the safety of the community and compliance by the medical
   41  releasee.
   42         (b) A medical releasee is considered to be in the care,
   43  custody, supervision, and control of the department and remains
   44  eligible to earn or lose gain-time in accordance with s. 944.275
   45  and department rule. The medical releasee may not be counted in
   46  the prison system population, and the medical releasee’s
   47  approved community-based housing location may not be counted in
   48  the capacity figures for the prison system.
   49         (7) REVOCATION HEARING AND RECOMMITMENT.—
   50         (a)1.If the medical releasee’s supervision officer
   51  discovers that the medical or physical condition of the medical
   52  releasee has improved to the extent that she or he would no
   53  longer be eligible for release under this section, then the
   54  conditional medical release may be revoked. The department may
   55  order, as prescribed by department rule, that the medical
   56  releasee be returned to the custody of the department for a
   57  conditional medical release revocation hearing or may allow the
   58  medical releasee to remain in the community pending the
   59  revocation hearing.
   60         2. The revocation hearing must be conducted by the panel
   61  established in subsection (1). Before a revocation hearing
   62  pursuant to this paragraph, the director of inmate health
   63  services or his or her designee must review any medical evidence
   64  pertaining to the medical releasee and provide the panel with a
   65  recommendation regarding the medical releasee’s improvement and
   66  current medical or physical condition.
   67         3. A majority of the panel members must agree that
   68  revocation is appropriate for the medical releasee’s conditional
   69  medical release to be revoked. If conditional medical release is
   70  revoked due to improvement in his or her medical or physical
   71  condition, the medical releasee must be recommitted to the
   72  department to serve the balance of his or her sentence with
   73  credit for the time served on conditional medical release and
   74  without forfeiture of any gain-time accrued before recommitment.
   75  If the medical releasee whose conditional medical release is
   76  revoked due to an improvement in her or his medical or physical
   77  condition would otherwise be eligible for parole or any other
   78  release program, he or she may be considered for such release
   79  program pursuant to law.
   80         4. A medical releasee whose conditional medical release is
   81  revoked pursuant to this paragraph may have the decision
   82  reviewed by the department’s general counsel and chief medical
   83  officer, who must make a recommendation to the secretary. The
   84  secretary must review all relevant information and make a final
   85  decision about the appropriateness of the revocation of
   86  conditional medical release pursuant to this paragraph. The
   87  decision of the secretary is a final administrative decision not
   88  subject to appeal.
   89         (b)1. The medical releasee's conditional medical release
   90  may also be revoked for violation of any release conditions the
   91  department establishes, including, but not limited to, a new
   92  violation of law.
   93         2. If the basis of the violation of release conditions is
   94  related to a new violation of law, the medical releasee must be
   95  detained without bond until his or her initial appearance at
   96  which a judicial determination of probable cause is made. If the
   97  judge determines that there was no probable cause for the
   98  arrest, the medical releasee may be released. If the judge
   99  determines that there was probable cause for the arrest, the
  100  judge’s determination also constitutes reasonable grounds to
  101  believe that the medical releasee violated the conditions of the
  102  conditional medical release.
  103         3. The department must order that the medical releasee
  104  subject to revocation under this paragraph be returned to
  105  department custody for a conditional medical release revocation
  106  hearing.
  107         4. A majority of the panel members must agree that
  108  revocation is appropriate for the medical releasee’s conditional
  109  medical release to be revoked. If conditional medical release is
  110  revoked pursuant to this paragraph, the medical releasee must
  111  serve the balance of his or her sentence with credit for the
  112  actual time served on conditional medical release. The
  113  releasee’s gain-time accrued before recommitment may be
  114  forfeited pursuant to s. 944.28(1). If the medical releasee
  115  whose conditional medical release is revoked subject to this
  116  paragraph would otherwise be eligible for parole or any other
  117  release program, he or she may be considered for such release
  118  program pursuant to law.
  119         5. A medical releasee whose conditional medical release has
  120  been revoked pursuant to this paragraph may have the revocation
  121  reviewed by the department’s general counsel, who must make a
  122  recommendation to the secretary. The secretary must review all
  123  relevant information and make a final decision about the
  124  appropriateness of the revocation of conditional medical release
  125  pursuant to this paragraph. The decision of the secretary is a
  126  final administrative decision not subject to appeal.
  127         (c) If the medical releasee subject to revocation under
  128  paragraph (a) or paragraph (b) elects to proceed with a hearing,
  129  the medical releasee must be informed orally and in writing of
  130  the following:
  131         1. The alleged basis for the pending revocation proceeding
  132  against the releasee.
  133         2. The releasee’s right to be represented by counsel.
  134  However, this subparagraph does not create a right to publicly
  135  funded legal counsel.
  136         3. The releasee’s right to be heard in person.
  137         4. The releasee’s right to secure, present, and compel the
  138  attendance of witnesses relevant to the proceeding.
  139         5. The releasee’s right to produce documents on his or her
  140  own behalf.
  141         6. The releasee’s right of access to all evidence used to
  142  support the revocation proceeding against the releasee and to
  143  confront and cross-examine adverse witnesses.
  144         7. The releasee’s right to waive the hearing.
  145         (8) SPECIAL REQUIREMENTS UPON AN INMATE'S DIAGNOSIS OF A
  146  TERMINAL CONDITION.—
  147         (a) If an inmate is diagnosed with a terminal medical
  148  condition that makes him or her eligible for consideration for
  149  release under paragraph (2)(c) while in the custody of the
  150  department, subject to confidentiality requirements, the
  151  department must:
  152         1.Notify the inmate's family or next of kin, and attorney,
  153  if applicable, of such diagnosis within 72 hours of the
  154  diagnosis.
  155         2.Provide the inmate's family, including extended family,
  156  with an opportunity to visit the inmate in person within 7 days
  157  upon such diagnosis.
  158         3.Initiate a review for conditional medical release as
  159  provided for in this section immediately upon such diagnosis.
  160         (b) If the inmate has mental and physical capacity, he or
  161  she must consent to release of confidential information for the
  162  department to comply with the notification requirements required
  163  in this subsection.
  164         (9) RULEMAKING AUTHORITY.—The department may adopt rules as
  165  necessary to implement this section.
  166  ================= T I T L E  A M E N D M E N T ================
  167  And the title is amended as follows:
  168         Delete lines 19 - 45
  169  and insert:
  170         conditions for release; providing that an inmate who
  171         is approved for conditional medical release must be
  172         released from the department in a reasonable amount of
  173         time; providing that an inmate is considered a medical
  174         releasee upon release from the department into the
  175         community; providing that a medical releasee remains
  176         in the care, custody, supervision, and control of the
  177         department and is eligible to earn or lose gain-time;
  178         prohibiting a medical releasee or his or her
  179         community-based housing from being counted in the
  180         prison system population and the prison capacity
  181         figures, respectively; providing for the revocation of
  182         a medical releasee's conditional medical release;
  183         authorizing the medical releasee to be returned to the
  184         department’s custody if his or her medical or physical
  185         condition improves; requiring a majority of the panel
  186         members to agree on the appropriateness of revocation;
  187         providing that gain-time is not forfeited for
  188         revocation based on improvement in the medical
  189         releasee's condition; providing a review process for a
  190         medical releasee who has his or her release revoked;
  191         authorizing the medical releasee to be recommitted if
  192         he or she violates any conditions of the release;
  193         requiring that the medical releasee be detained if a
  194         violation is based on certain circumstances; requiring
  195         that a majority of the panel members agree on the
  196         appropriateness of revocation; requiring specified
  197         medical releasees to be recommitted to the department
  198         upon the revocation of the conditional medical
  199         release; authorizing the forfeiture of gain-time if
  200         the revocation is based on certain violations;
  201         providing a review process for a medical releasee who
  202         has his or her release revoked; requiring that the
  203         medical releasee be given specified information in
  204         certain instances; requiring the department to notify
  205         certain persons within a specified time frame of an
  206         inmate's diagnosis of a terminal medical condition;
  207         requiring the department to allow a visit between an
  208         inmate and certain persons within 7 days of a
  209         diagnosis of a terminal medical condition; requiring
  210         the department to initiate the conditional medical
  211         release review process immediately upon an inmate's
  212         diagnosis of a terminal medical condition; requiring
  213         the inmate to consent to release of information in
  214         certain circumstances; providing rulemaking