Senate Bill 1858

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    Florida Senate - 1998                                  SB 1858

    By Senator Holzendorf





    21-1461-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to conditional release;

  3         creating s. 947.1491, F.S.; establishing the

  4         conditional drug offender release program;

  5         specifying eligibility criteria; providing for

  6         the Parole Commission to consider inmates for

  7         the conditional release program upon the

  8         recommendation of the citizens' advisory

  9         committee; clarifying that the inmate has no

10         right to conditional drug offender release or

11         review; authorizing the commission to grant or

12         deny conditional drug offender release;

13         requiring that probation or community control

14         be substituted under certain circumstances;

15         requiring the conditional release date to be

16         set based on a system of uniform criteria;

17         authorizing the commission to determine the

18         terms, conditions, and lengths of supervision,

19         determine violations, and adopt rules; creating

20         s. 947.1492, F.S.; establishing a citizens'

21         advisory committee; specifying its purpose and

22         composition; assigning the committee to the

23         commission for staffing and administrative

24         support; requiring that the chair be selected

25         by the members for a term of 1 year; requiring

26         the committee to meet a minimum of five times

27         annually; specifying that a majority of the

28         membership constitutes a quorum; requiring the

29         chair to record proceedings of the committee;

30         authorizing per diem and travel expenses for

31         members; amending s. 947.141, F.S.; providing

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    Florida Senate - 1998                                  SB 1858
    21-1461-98                                              See HB




  1         for issuance of arrest warrant for an offender

  2         who has violated conditional drug offender

  3         release terms and conditions; providing for

  4         detention without bond of the offender upon

  5         arrest on a felony charge; requiring a hearing

  6         within a specified period after notice to the

  7         Parole Commission of the arrest; providing for

  8         orders of revocation of conditional drug

  9         offender release under specified circumstances;

10         reenacting s. 947.146(12) and (14), F.S.,

11         relating to Control Release Authority, and s.

12         947.149(5), F.S., relating to conditional

13         medical release, to incorporate the amendment

14         in references; conforming cross-references;

15         providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Section 947.1491, Florida Statutes, is

20  created to read:

21         947.1491  Conditional drug offender release program.--

22         (1)  There shall be established a conditional drug

23  offender release program.

24         (2)  Any inmate who is serving a prison sentence for a

25  drug offense conviction pursuant to s. 893.13 or s. 893.135

26  shall be eligible for consideration for the conditional drug

27  offender release program.

28         (3)  Notwithstanding any provision to the contrary, any

29  person deemed eligible under this section, sentenced to the

30  custody of the department and housed in a state or private

31  correctional facility may, only upon the recommendation of the

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    Florida Senate - 1998                                  SB 1858
    21-1461-98                                              See HB




  1  citizens' advisory committee, be considered for conditional

  2  drug offender release by the commission.  No inmate has a

  3  right to conditional drug offender release or to a review by

  4  either the commission or the advisory committee.

  5         (4)  The authority to recommend conditional drug

  6  offender release rests solely within the discretion of the

  7  committee.

  8         (5)  The authority to grant conditional drug offender

  9  release and establish conditions of release rests solely

10  within the discretion of the commission.

11         (6)  If an inmate has received a term of probation or

12  community control supervision to be served after release from

13  incarceration, the period of probation or community control

14  must be substituted for the conditional drug offender release

15  supervision.

16         (7)  A panel of no fewer than two commissioners shall

17  set the conditional release date pursuant to this section

18  based upon a system of uniform criteria, which shall include,

19  but not be limited to, present offenses for which the person

20  is committed, past criminal conduct, length of cumulative

21  sentences, and age of the offender at the time of commitment,

22  together with any aggravating or mitigating circumstances.

23         (8)  In implementing the provisions of this section,

24  the commission has the power and duty to:

25         (a)  Determine the terms, conditions, and length of

26  supervision for persons released pursuant to this section.

27         (b)  Determine violations of conditional release and

28  the necessary actions resulting from the violations.

29         (c)  Adopt rules to implement the provisions of this

30  section.

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    Florida Senate - 1998                                  SB 1858
    21-1461-98                                              See HB




  1         Section 2.  Section 947.1492, Florida Statutes, is

  2  created to read:

  3         947.1492  Citizens' advisory committee.--

  4         (1)  There shall be established a citizens' advisory

  5  committee.  The primary purpose of the committee shall be to

  6  advise and make recommendations to the commission on the

  7  conditional release of drug offenders.

  8         (2)  The committee shall consist of five members

  9  appointed by the Governor subject to confirmation by the

10  Senate.  The initial members of the committee shall be

11  appointed by October 1, 1998.  Members of the committee shall

12  serve terms of 4 years each, except that two of the initial

13  members shall be appointed for terms of 2 years each.  Members

14  of the committee shall consist of a psychiatrist; a licensed

15  psychologist; a certified law enforcement officer; a person

16  employed by the private sector; and a former state inmate who

17  has demonstrated successful reintegration back into the

18  community.  The committee's membership should, to the extent

19  possible, contain persons who are knowledgeable about public

20  safety, substance abuse issues, and drug offender

21  rehabilitation.

22         (3)  The committee is assigned to the Parole Commission

23  for staffing, administrative, and fiscal accountability

24  purposes, but shall otherwise function independently of the

25  control and direction of the Parole Commission.

26         (4)  The chair of the committee shall be selected by

27  the members for a term of 1 year.

28         (5)  The committee shall hold a minimum of five regular

29  meetings annually, and other meetings may be called by the

30  chair upon giving at least 7 days' notice to all members and

31  to the public pursuant to chapter 120.  The meetings of the

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    Florida Senate - 1998                                  SB 1858
    21-1461-98                                              See HB




  1  committee shall be held in the central office of the Parole

  2  Commission in Tallahassee unless the chair determines that

  3  special circumstances warrant a meeting at another location.

  4         (6)  A majority of the membership of the committee

  5  constitutes a quorum at any meeting of the committee.  An

  6  action of the committee is not binding unless the action is

  7  taken pursuant to an affirmative vote of a majority of the

  8  members present, but not fewer than three members of the

  9  committee must be present, and the vote must be recorded in

10  the minutes of the meeting.

11         (7)  The chair shall cause to be made a complete record

12  of the proceedings of the committee, which record shall be

13  open for public inspection.

14         (8)  Members of the committee are entitled to per diem

15  and travel expenses pursuant to s. 112.061.

16         Section 3.  Subsections (1), (2), (3), (4), and (6) of

17  section 947.141, Florida Statutes, are amended to read:

18         947.141  Violations of conditional release, control

19  release, or conditional medical release, or conditional drug

20  offender release.--

21         (1)  If a member of the commission or a duly authorized

22  representative of the commission has reasonable grounds to

23  believe that an offender who is on release supervision under

24  s. 947.1405, s. 947.146, or s. 947.149, or s. 947.1491 has

25  violated the terms and conditions of the release in a material

26  respect, such member or representative may cause a warrant to

27  be issued for the arrest of the releasee; if the offender was

28  found to be a sexual predator, the warrant must be issued.

29         (2)  Upon the arrest on a felony charge of an offender

30  who is on release supervision under s. 947.1405, s. 947.146,

31  or s. 947.149, or s. 947.1491, the offender must be detained

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    Florida Senate - 1998                                  SB 1858
    21-1461-98                                              See HB




  1  without bond until the initial appearance of the offender at

  2  which a judicial determination of probable cause is made. If

  3  the magistrate determines that there was no probable cause for

  4  the arrest, the offender may be released. If the magistrate

  5  determines that there was probable cause for the arrest, such

  6  determination also constitutes reasonable grounds to believe

  7  that the offender violated the conditions of the release.

  8  Within 24 hours after the magistrate's finding of probable

  9  cause, the detention facility administrator or designee shall

10  notify the commission and the department of the finding and

11  transmit to each a facsimile copy of the probable cause

12  affidavit or the sworn offense report upon which the

13  magistrate's probable cause determination is based. The

14  offender must continue to be detained without bond for a

15  period not exceeding 72 hours excluding weekends and holidays

16  after the date of the probable cause determination, pending a

17  decision by the commission whether to issue a warrant charging

18  the offender with violation of the conditions of release. Upon

19  the issuance of the commission's warrant, the offender must

20  continue to be held in custody pending a revocation hearing

21  held in accordance with this section.

22         (3)  Within 45 days after notice to the Parole

23  Commission of the arrest of a releasee charged with a

24  violation of the terms and conditions of conditional release,

25  control release, or conditional medical release, or

26  conditional drug offender release, the releasee must be

27  afforded a hearing conducted by a commissioner or a duly

28  authorized representative thereof. If the releasee elects to

29  proceed with a hearing, the releasee must be informed orally

30  and in writing of the following:

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    Florida Senate - 1998                                  SB 1858
    21-1461-98                                              See HB




  1         (a)  The alleged violation with which the releasee is

  2  charged.

  3         (b)  The releasee's right to be represented by counsel.

  4         (c)  The releasee's right to be heard in person.

  5         (d)  The releasee's right to secure, present, and

  6  compel the attendance of witnesses relevant to the proceeding.

  7         (e)  The releasee's right to produce documents on the

  8  releasee's own behalf.

  9         (f)  The releasee's right of access to all evidence

10  used against the releasee and to confront and cross-examine

11  adverse witnesses.

12         (g)  The releasee's right to waive the hearing.

13         (4)  Within a reasonable time following the hearing,

14  the commissioner or the commissioner's duly authorized

15  representative who conducted the hearing shall make findings

16  of fact in regard to the alleged violation. A panel of no

17  fewer than two commissioners shall enter an order determining

18  whether the charge of violation of conditional release,

19  control release, or conditional medical release, or

20  conditional drug offender release has been sustained based

21  upon the findings of fact presented by the hearing

22  commissioner or authorized representative. By such order, the

23  panel may revoke conditional release, control release, or

24  conditional medical release, or conditional drug offender

25  release and thereby return the releasee to prison to serve the

26  sentence imposed, reinstate the original order granting the

27  release, or enter such other order as it considers proper.

28  Effective for inmates whose offenses were committed on or

29  after July 1, 1995, the panel may order the placement of a

30  releasee, upon a finding of violation pursuant to this

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    Florida Senate - 1998                                  SB 1858
    21-1461-98                                              See HB




  1  subsection, into a local detention facility as a condition of

  2  supervision.

  3         (6)  Whenever a conditional release, control release,

  4  or conditional medical release, or conditional drug offender

  5  release is revoked by a panel of no fewer than two

  6  commissioners and the releasee is ordered to be returned to

  7  prison, the releasee, by reason of the misconduct, shall be

  8  deemed to have forfeited all gain-time or commutation of time

  9  for good conduct, as provided for by law, earned up to the

10  date of release. However, if a conditional medical release is

11  revoked due to the improved medical or physical condition of

12  the releasee, the releasee shall not forfeit gain-time accrued

13  before the date of conditional medical release. This

14  subsection does not deprive the prisoner of the right to

15  gain-time or commutation of time for good conduct, as provided

16  by law, from the date of return to prison.

17         Section 4.  For the purpose of incorporating the

18  amendment made by this act to section 947.141, Florida

19  Statutes, in a reference thereto, subsections (12) and (14) of

20  section 947.146, Florida Statutes, are reenacted to read:

21         947.146  Control Release Authority.--

22         (12)  When the authority has reasonable grounds to

23  believe that an offender released under this section has

24  violated the terms and conditions of control release, such

25  offender shall be subject to the provisions of s. 947.141 and

26  shall be subject to forfeiture of gain-time pursuant to s.

27  944.28(1).

28         (14)  Effective July 1, 1996, all control release dates

29  established prior to such date become void and no inmate shall

30  be eligible for release under any previously established

31  control release date.  Offenders who are under control release

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    Florida Senate - 1998                                  SB 1858
    21-1461-98                                              See HB




  1  supervision as of July 1, 1996, shall be subject to the

  2  conditions established by the authority until such offenders

  3  have been discharged from supervision.  Offenders who have

  4  warrants outstanding based on violation of supervision as of

  5  July 1, 1996, or who violate the terms of their supervision

  6  subsequent to July 1, 1996, shall be subject to the provisions

  7  of s. 947.141.

  8         Section 5.  For the purpose of incorporating the

  9  amendment made by this act to section 947.141, Florida

10  Statutes, in a reference thereto, subsection (5) of section

11  947.149, Florida Statutes, is reenacted to read:

12         947.149  Conditional medical release.--

13         (5)(a)  If it is discovered during the conditional

14  medical release that the medical or physical condition of the

15  medical releasee has improved to the extent that she or he

16  would no longer be eligible for conditional medical release

17  under this section, the commission may order that the releasee

18  be returned to the custody of the department for a conditional

19  medical release revocation hearing, in accordance with s.

20  947.141.  If conditional medical release is revoked due to

21  improvement in the medical or physical condition of the

22  releasee, she or he shall serve the balance of her or his

23  sentence with credit for the time served on conditional

24  medical release and without forfeiture of any gain-time

25  accrued prior to conditional medical release.  If the person

26  whose conditional medical release is revoked due to an

27  improvement in medical or physical condition would otherwise

28  be eligible for parole or any other release program, the

29  person may be considered for such release program pursuant to

30  law.

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    Florida Senate - 1998                                  SB 1858
    21-1461-98                                              See HB




  1         (b)  In addition to revocation of conditional medical

  2  release pursuant to paragraph (a), conditional medical release

  3  may also be revoked for violation of any condition of the

  4  release established by the commission, in accordance with s.

  5  947.141, and the releasee's gain-time may be forfeited

  6  pursuant to s. 944.28(1).

  7         Section 6.  This act shall take effect upon becoming a

  8  law.

  9

10            *****************************************

11                       LEGISLATIVE SUMMARY

12
      Establishes a conditional drug offender release program.
13    Specifies eligibility criteria. Provides for the Parole
      Commission to consider inmates for the conditional
14    release program upon the recommendation of the citizens'
      advisory committee. Clarifies that the inmate has no
15    right to conditional drug offender release or review.
      Authorizes the commission to grant or deny conditional
16    drug offender release. Requires that probation or
      community control be substituted under certain
17    circumstances. Requires the conditional release date to
      be set based on a system of uniform criteria. Authorizes
18    the commission to determine the terms, conditions, and
      lengths of supervision, determine violations, and adopt
19    rules. Establishes a citizens' advisory committee.
      Specifies its purpose and composition. Assigns the
20    committee to the commission for staffing and
      administrative support. Authorizes per diem and travel
21    expenses for members. Provides for issuance of arrest
      warrant for offender who has violated conditional drug
22    offender release terms and conditions. Provides for
      detention without bond of the offender upon arrest on a
23    felony charge. Requires a hearing within a specified
      period after notice to the Parole Commission of the
24    arrest. Provides for orders of revocation of conditional
      drug offender release under specified circumstances.
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