Senate Bill 1428
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 1428
By Senator Silver
38-867-99 See HB
1 A bill to be entitled
2 An act relating to postrelease supervision of
3 offenders; creating the "Supervision of Violent
4 Offenders Act of 1999"; amending s. 947.1405,
5 F.S., relating to the Conditional Release
6 Program Act; revising criteria for eligibility
7 for conditional release; providing that an
8 inmate who has committed any of specified
9 crimes but who has not served at least one
10 prior felony commitment may be subject to
11 conditional release supervision; specifying
12 that certain inmates are to be released under
13 "conditional release" supervision; revising
14 terms and conditions of conditional release
15 supervision applicable to certain inmates
16 convicted of specified offenses or sentenced as
17 a habitual or violent felony offender or a
18 violent career criminal; providing for
19 applicability of such supervision to all
20 sentences under specified circumstances when an
21 inmate's overall term of sentences includes one
22 or more sentences on which the eligibility for
23 control release supervision is based; requiring
24 supervision by the Department of Corrections,
25 according to the conditions imposed by the
26 court when the inmate who is placed on
27 conditional release supervision also is subject
28 to probation or community control resulting
29 from a split sentence within the overall term
30 of sentences; providing for revocation of the
31 conditional release supervision without further
1
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Florida Senate - 1999 SB 1428
38-867-99 See HB
1 hearing by the commission in those cases when
2 the court revokes probation or community
3 control; providing for forfeiture of all
4 gain-time under specified circumstances, and
5 authorizing the Parole Commission to revoke the
6 resulting deferred conditional release
7 supervision and take other appropriate action;
8 providing for the supervision to revert to the
9 authority of the commission and be subject to
10 the conditions of the commission in certain
11 cases when the term of the probation or
12 community control expires before that of the
13 conditional release supervision; providing for
14 applicability of various changes made by the
15 act to certain inmates convicted of crimes
16 committed before, on, or after July 1, 1999;
17 providing for applicability of certain
18 provisions relating to the authority of the
19 commission to establish terms and conditions of
20 such release and to determine whether a
21 violation has occurred or revocation is
22 warranted; providing for applicability of a
23 requirement that certain offenders submit to
24 random substance abuse testing throughout the
25 term of such conditional release supervision;
26 reenacting s. 775.084(4)(i), relating to
27 violent career criminals, habitual felony
28 offenders, and habitual violent felony
29 offenders, s. 921.001(10), F.S., relating to
30 the Sentencing Commission and sentencing
31 guidelines, s. 944.70(1), relating to
2
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Florida Senate - 1999 SB 1428
38-867-99 See HB
1 conditions for release from incarceration, s.
2 947.13(1)(f), F.S., relating to powers and
3 duties of the Parole Commission, and s.
4 947.141(1) and (2), F.S., relating to
5 violations of conditional release, control
6 release, or conditional medical release, to
7 incorporate the amendment in references;
8 providing an effective date.
9
10 WHEREAS, the current sentencing guidelines are no
11 longer based on the four category levels of severity which
12 served as the criteria for conditional release eligibility,
13 and
14 WHEREAS, inmates who commit serious violent offenses
15 should be required to serve a period of time under strict
16 conditions of supervision when released from custody as a
17 result of accumulated gain-time, and
18 WHEREAS, the serious violent crimes which require a
19 period of strict supervision should be specified in statute
20 and include any attempt, solicitation, or conspiracy to commit
21 these serious violent crimes, and
22 WHEREAS, a conviction for one of the specified serious
23 violent crimes is sufficient in itself, without the necessity
24 of a prior felony commitment, to require imposition of a
25 period of strict conditional release supervision, and
26 WHEREAS, any violation of these strict conditions of
27 release which results in revocation of supervision should
28 result in the forfeiture of all accumulated gain-time, and
29 WHEREAS, when an inmate also has been subject to
30 conditions of probation or community control following release
31 from incarceration, and the inmate has violated these
3
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Florida Senate - 1999 SB 1428
38-867-99 See HB
1 conditions with the result that the probation or community
2 control is revoked in a proceeding before a judge, the Florida
3 Parole Commission should not be required to conduct a second
4 administrative proceeding to revoke any concurrent or
5 consecutive term of conditional release supervision, and
6 WHEREAS, such a second administrative proceeding is not
7 constitutionally required and is an unjustified and
8 inefficient use of limited state resources, NOW, THEREFORE,
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. This act may be cited as the "Supervision
13 of Violent Offenders Act of 1999."
14 Section 2. Section 947.1405, Florida Statutes, is
15 amended to read:
16 947.1405 Conditional release program.--
17 (1) This section and s. 947.141 may be cited as the
18 "Conditional Release Program Act."
19 (2) Any inmate who:
20 (a)1. Is convicted of a crime committed on or after
21 October 1, 1988, and before January 1, 1994, and any inmate
22 who is convicted of a crime committed on or after January 1,
23 1994, and before July 1, 1999, which crime is or was contained
24 in category 1, category 2, category 3, or category 4 of Rule
25 3.701 and Rule 3.988, Florida Rules of Criminal Procedure
26 (1993), and who has served at least one prior felony
27 commitment at a state or federal correctional institution;
28 2.(b) Is sentenced as a habitual or violent habitual
29 offender or a violent career criminal pursuant to s. 775.084
30 based on an offense committed before July 1, 1999; or
31
4
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Florida Senate - 1999 SB 1428
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1 3.(c) Is found to be a sexual predator under s. 775.21
2 or former s. 775.23, based on an offense committed before July
3 1, 1999,
4
5 shall, upon reaching the tentative release date or provisional
6 release date, whichever is earlier, as established by the
7 Department of Corrections, be released under conditional
8 release supervision subject to specified terms and conditions,
9 including payment of the cost of supervision pursuant to s.
10 948.09. Such supervision shall be applicable to all sentences
11 within the overall term of sentences if an inmate's overall
12 term of sentences includes one or more sentences that are
13 eligible for conditional release supervision as provided
14 herein. Effective July 1, 1994, and applicable for offenses
15 committed on or after that date, the commission may require,
16 as a condition of conditional release, that the releasee make
17 payment of the debt due and owing to a county or municipal
18 detention facility under s. 951.032 for medical care,
19 treatment, hospitalization, or transportation received by the
20 releasee while in that detention facility. The commission, in
21 determining whether to order such repayment and the amount of
22 such repayment, shall consider the amount of the debt, whether
23 there was any fault of the institution for the medical
24 expenses incurred, the financial resources of the releasee,
25 the present and potential future financial needs and earning
26 ability of the releasee, and dependents, and other appropriate
27 factors. If any inmate placed on conditional release
28 supervision is also subject to probation or community control
29 resulting from a probationary or community control split
30 sentence within the overall term of sentences, the Department
31 of Corrections shall supervise such person according to the
5
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Florida Senate - 1999 SB 1428
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1 conditions imposed by the court, and the commission shall
2 defer to such supervision. If the court revokes probation or
3 community control and resentences the offender to a term of
4 incarceration, such revocation also constitutes a sufficient
5 basis for the revocation of the conditional release
6 supervision on any nonprobationary or non-community-control
7 sentence without further hearing by the commission. If any
8 such supervision on any nonprobationary or
9 non-community-control sentence is revoked, such revocation may
10 result in a forfeiture of all gain-time, and the commission
11 may revoke the resulting deferred conditional release
12 supervision or take other action it considers appropriate. If
13 the term of conditional release supervision exceeds that of
14 the probation or community control, then, upon expiration of
15 the probation or community control, authority for the
16 supervision shall revert to the commission, and the
17 supervision shall be subject to the conditions of the
18 commission. If an inmate has received a term of probation or
19 community control supervision to be served after release from
20 incarceration, the period of probation or community control
21 must be substituted for the conditional release supervision. A
22 panel of no fewer than two commissioners shall establish the
23 terms and conditions of any such release. If the offense was a
24 controlled substance violation, the conditions shall include a
25 requirement that the offender submit to random substance abuse
26 testing intermittently throughout the term of conditional
27 release supervision, upon the direction of the correctional
28 probation officer as defined in s. 943.10(3). The commission
29 shall also determine whether the terms and conditions of such
30 release have been violated and whether such violation warrants
31 revocation of the conditional release.
6
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Florida Senate - 1999 SB 1428
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1 (b) Has been convicted of any of the following
2 offenses committed on or after July 1, 1999, or an attempt,
3 solicitation, or conspiracy to commit any of the following
4 offenses committed on or after July 1, 1999:
5 1. Sexual battery;
6 2. Lewd, lascivious, or indecent assault or act;
7 3. Murder in the first, second, or third degree;
8 4. Kidnapping;
9 5. Aggravated child abuse;
10 6. False imprisonment;
11 7. Sexual performance by a child;
12 8. Selling or buying of a minor;
13 9. Stalking or aggravated stalking;
14 10. Incest;
15 11. Burglary or armed burglary of an occupied
16 dwelling, building, or conveyance when any person was
17 assaulted or battered or a sex act was attempted or completed;
18 12. Any battery or aggravated battery when a sex act
19 was attempted or completed;
20 13. Resisting a law enforcement officer with violence
21 to the officer's person;
22 14. Aggravated assault or aggravated battery on a law
23 enforcement officer;
24 15. Felonious threats or extortion;
25 16. DUI manslaughter;
26 17. Robbery;
27 18. Attempted murder of a law enforcement officer
28 engaged in duty;
29 19. Arson;
30 20. Carjacking;
31 21. Home invasion robbery;
7
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Florida Senate - 1999 SB 1428
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1 22. Assault or battery upon a district school board
2 employee; or
3 23. Written threats to kill or do bodily injury
4
5 or is sentenced as a habitual or violent habitual offender or
6 a violent career criminal pursuant to s. 775.084 based on an
7 offense committed on or after July 1, 1999, or is found to be
8 a sexual predator based on an offense committed on or after
9 July 1, 1999, under s. 775.21 shall, upon reaching the
10 tentative release date established by the Department of
11 Corrections, be released under conditional release supervision
12 subject to the terms and conditions determined by the
13 commission as provided in this subsection and subsection (3).
14 Such supervision shall be applicable to all sentences within
15 the overall term of sentences if an inmate's overall term of
16 sentences includes one or more sentences that are eligible for
17 conditional release supervision as provided herein. If any
18 inmate placed on conditional release supervision is also
19 subject to probation or community control resulting from a
20 probationary or community control split sentence within the
21 overall term of sentences, the Department of Corrections shall
22 supervise such person according to the conditions imposed by
23 the court, and the commission shall defer to such supervision.
24 If the court revokes probation or community control and
25 resentences the offender to a term of incarceration, such
26 revocation also constitutes a sufficient basis for the
27 revocation of the conditional release supervision on any
28 nonprobationary or non-community-control sentence, without
29 further hearing by the commission. If any such supervision on
30 any nonprobationary or non-community-control sentence is
31 revoked, such revocation may result in a forfeiture of all
8
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Florida Senate - 1999 SB 1428
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1 gain-time, and the commission may revoke the resulting
2 deferred conditional release supervision or take other action
3 it considers appropriate. If the term of conditional release
4 supervision exceeds that of the probation or community
5 control, then, upon expiration of the probation or community
6 control, authority for the supervision shall revert to the
7 commission, and the supervision shall be subject to the
8 conditions of the commission.
9 (c) A panel of no fewer than two commissioners shall
10 establish the terms and conditions of any conditional release.
11 If the offense was a controlled substance violation, the
12 conditions shall include a requirement that the offender
13 submit, upon the direction of the correctional probation
14 officer as defined in s. 943.10(3), to random substance abuse
15 testing intermittently throughout the term of conditional
16 release supervision. The commission shall also determine
17 whether the terms and conditions of such release have been
18 violated and whether such violation warrants revocation of the
19 conditional release.
20 (3) As part of the conditional release process, the
21 commission shall determine:
22 (a) The amount of reparation or restitution.
23 (b) The consequences of the offense as reported by the
24 aggrieved party.
25 (c) The aggrieved party's fear of the inmate or
26 concerns about the release of the inmate.
27 (4) The commission shall provide to the aggrieved
28 party information regarding the manner in which notice of any
29 developments concerning the status of the inmate during the
30 term of conditional release may be requested.
31
9
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Florida Senate - 1999 SB 1428
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1 (5) Within 180 days prior to the tentative release
2 date or provisional release date, whichever is earlier, a
3 representative of the commission shall interview the inmate.
4 The commission representative shall review the inmate's
5 program participation, disciplinary record, psychological and
6 medical records, and any other information pertinent to the
7 impending release. A commission representative shall conduct
8 a personal interview with the inmate for the purpose of
9 determining the details of the inmate's release plan,
10 including the inmate's planned residence and employment. The
11 results of the interview must be forwarded to the commission
12 in writing.
13 (6) Upon receipt of notice as required under s.
14 947.175, the commission shall conduct a review of the inmate's
15 record for the purpose of establishing the terms and
16 conditions of the conditional release. The commission may
17 impose any special conditions it considers warranted from its
18 review of the record. If the commission determines that the
19 inmate is eligible for release under this section, the
20 commission shall enter an order establishing the length of
21 supervision and the conditions attendant thereto. However, an
22 inmate who has been convicted of a violation of chapter 794 or
23 found by the court to be a sexual predator is subject to the
24 maximum level of supervision provided, with the mandatory
25 conditions as required in subsection (7), and that supervision
26 shall continue through the end of the releasee's original
27 court-imposed sentence. The length of supervision must not
28 exceed the maximum penalty imposed by the court.
29 (7)(a) Any inmate who is convicted of a crime
30 committed on or after October 1, 1995, or who has been
31 previously convicted of a crime committed on or after October
10
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Florida Senate - 1999 SB 1428
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1 1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,
2 or s. 847.0145, and is subject to conditional release
3 supervision, shall have, in addition to any other conditions
4 imposed, the following special conditions imposed by the
5 commission:
6 1. A mandatory curfew from 10 p.m. to 6 a.m. The court
7 may designate another 8-hour period if the offender's
8 employment precludes the above specified time, and such
9 alternative is recommended by the Department of Corrections.
10 If the court determines that imposing a curfew would endanger
11 the victim, the court may consider alternative sanctions.
12 2. If the victim was under the age of 18, a
13 prohibition on living within 1,000 feet of a school, day care
14 center, park, playground, or other place where children
15 regularly congregate.
16 3. Active participation in and successful completion
17 of a sex offender treatment program with therapists
18 specifically trained to treat sex offenders, at the releasee's
19 own expense. If a specially trained therapist is not available
20 within a 50-mile radius of the releasee's residence, the
21 offender shall participate in other appropriate therapy.
22 4. A prohibition on any contact with the victim,
23 directly or indirectly, including through a third person,
24 unless approved by the victim, the offender's therapist, and
25 the sentencing court.
26 5. If the victim was under the age of 18, a
27 prohibition, until successful completion of a sex offender
28 treatment program, on unsupervised contact with a child under
29 the age of 18, unless authorized by the commission without
30 another adult present who is responsible for the child's
31
11
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1 welfare, has been advised of the crime, and is approved by the
2 commission.
3 6. If the victim was under age 18, a prohibition on
4 working for pay or as a volunteer at any school, day care
5 center, park, playground, or other place where children
6 regularly congregate, as prescribed by the commission.
7 7. Unless otherwise indicated in the treatment plan
8 provided by the sexual offender treatment program, a
9 prohibition on viewing, owning, or possessing any obscene,
10 pornographic, or sexually stimulating visual or auditory
11 material, including telephone, electronic media, computer
12 programs, or computer services that are relevant to the
13 offender's deviant behavior pattern.
14 8. A requirement that the releasee must submit two
15 specimens of blood to the Florida Department of Law
16 Enforcement to be registered with the DNA database.
17 9. A requirement that the releasee make restitution to
18 the victim, as determined by the sentencing court or the
19 commission, for all necessary medical and related professional
20 services relating to physical, psychiatric, and psychological
21 care.
22 10. Submission to a warrantless search by the
23 community control or probation officer of the probationer's or
24 community controllee's person, residence, or vehicle.
25 (b) For a releasee whose crime was committed on or
26 after October 1, 1997, in violation of chapter 794, s. 800.04,
27 s. 827.071, or s. 847.0145, and who is subject to conditional
28 release supervision, in addition to any other provision of
29 this subsection, the commission shall impose the following
30 additional conditions of conditional release supervision:
31
12
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Florida Senate - 1999 SB 1428
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1 1. As part of a treatment program, participation in a
2 minimum of one annual polygraph examination to obtain
3 information necessary for risk management and treatment and to
4 reduce the sex offender's denial mechanisms. The polygraph
5 examination must be conducted by a polygrapher trained
6 specifically in the use of the polygraph for the monitoring of
7 sex offenders, where available, and at the expense of the sex
8 offender. The results of the polygraph examination shall not
9 be used as evidence in a hearing to prove that a violation of
10 supervision has occurred.
11 2. Maintenance of a driving log and a prohibition
12 against driving a motor vehicle alone without the prior
13 approval of the supervising officer.
14 3. A prohibition against obtaining or using a post
15 office box without the prior approval of the supervising
16 officer.
17 4. If there was sexual contact, a submission to, at
18 the probationer's or community controllee's expense, an HIV
19 test with the results to be released to the victim or the
20 victim's parent or guardian.
21 5. Electronic monitoring when deemed necessary by the
22 community control or probation officer and his or her
23 supervisor, and ordered by the court at the recommendation of
24 the Department of Corrections.
25 (8) It is the finding of the Legislature that the
26 population of offenders released from state prison into the
27 community who meet the conditional release criteria poses the
28 greatest threat to the public safety of the groups of
29 offenders under community supervision. Therefore, the
30 Department of Corrections is to provide intensive supervision
31 by experienced correctional probation officers to conditional
13
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Florida Senate - 1999 SB 1428
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1 release offenders. Subject to specific appropriation by the
2 Legislature, caseloads may be restricted to a maximum of 40
3 conditional release offenders per officer to provide for
4 enhanced public safety and to effectively monitor conditions
5 of electronic monitoring or curfews, if so ordered by the
6 commission.
7 Section 3. For the purpose of incorporating the
8 amendments made by this act to section 947.1405, Florida
9 Statutes, in references thereto, paragraph (i) of subsection
10 (4) of section 775.084, Florida Statutes, 1998 Supplement, is
11 reenacted to read:
12 775.084 Violent career criminals; habitual felony
13 offenders and habitual violent felony offenders; definitions;
14 procedure; enhanced penalties.--
15 (4)
16 (i) The provisions of s. 947.1405 shall apply to
17 persons sentenced as habitual felony offenders and persons
18 sentenced as habitual violent felony offenders.
19 Section 4. For the purpose of incorporating the
20 amendments made by this act to section 947.1405, Florida
21 Statutes, in references thereto, subsection (1) of section
22 944.70, Florida Statutes, 1998 Supplement, is reenacted to
23 read:
24 944.70 Conditions for release from incarceration.--
25 (1)(a) A person who is convicted of a crime committed
26 on or after October 1, 1983, but before January 1, 1994, may
27 be released from incarceration only:
28 1. Upon expiration of the person's sentence;
29 2. Upon expiration of the person's sentence as reduced
30 by accumulated gain-time;
31
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Florida Senate - 1999 SB 1428
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1 3. As directed by an executive order granting
2 clemency;
3 4. Upon attaining the provisional release date;
4 5. Upon placement in a conditional release program
5 pursuant to s. 947.1405; or
6 6. Upon the granting of control release pursuant to s.
7 947.146.
8 (b) A person who is convicted of a crime committed on
9 or after January 1, 1994, may be released from incarceration
10 only:
11 1. Upon expiration of the person's sentence;
12 2. Upon expiration of the person's sentence as reduced
13 by accumulated meritorious or incentive gain-time;
14 3. As directed by an executive order granting
15 clemency;
16 4. Upon placement in a conditional release program
17 pursuant to s. 947.1405 or a conditional medical release
18 program pursuant to s. 947.149; or
19 5. Upon the granting of control release, including
20 emergency control release, pursuant to s. 947.146.
21 Section 5. For the purpose of incorporating the
22 amendments made by this act to section 947.1405, Florida
23 Statutes, in references thereto, paragraph (f) of subsection
24 (1) of section 947.13, Florida Statutes, is reenacted to read:
25 947.13 Powers and duties of commission.--
26 (1) The commission shall have the powers and perform
27 the duties of:
28 (f) Establishing the terms and conditions of persons
29 released on conditional release under s. 947.1405, and
30 determining subsequent ineligibility for conditional release
31
15
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1 due to a violation of the terms or conditions of conditional
2 release and taking action with respect to such a violation.
3 Section 6. For the purpose of incorporating the
4 amendments made by this act to section 947.1405, Florida
5 Statutes, in references thereto, subsections (1) and (2) of
6 section 947.141, Florida Statutes, are reenacted to read:
7 947.141 Violations of conditional release, control
8 release, or conditional medical release.--
9 (1) If a member of the commission or a duly authorized
10 representative of the commission has reasonable grounds to
11 believe that an offender who is on release supervision under
12 s. 947.1405, s. 947.146, or s. 947.149 has violated the terms
13 and conditions of the release in a material respect, such
14 member or representative may cause a warrant to be issued for
15 the arrest of the releasee; if the offender was found to be a
16 sexual predator, the warrant must be issued.
17 (2) Upon the arrest on a felony charge of an offender
18 who is on release supervision under s. 947.1405, s. 947.146,
19 or s. 947.149, the offender must be detained without bond
20 until the initial appearance of the offender at which a
21 judicial determination of probable cause is made. If the
22 magistrate determines that there was no probable cause for the
23 arrest, the offender may be released. If the magistrate
24 determines that there was probable cause for the arrest, such
25 determination also constitutes reasonable grounds to believe
26 that the offender violated the conditions of the release.
27 Within 24 hours after the magistrate's finding of probable
28 cause, the detention facility administrator or designee shall
29 notify the commission and the department of the finding and
30 transmit to each a facsimile copy of the probable cause
31 affidavit or the sworn offense report upon which the
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1 magistrate's probable cause determination is based. The
2 offender must continue to be detained without bond for a
3 period not exceeding 72 hours excluding weekends and holidays
4 after the date of the probable cause determination, pending a
5 decision by the commission whether to issue a warrant charging
6 the offender with violation of the conditions of release. Upon
7 the issuance of the commission's warrant, the offender must
8 continue to be held in custody pending a revocation hearing
9 held in accordance with this section.
10 Section 7. This act shall take effect July 1, 1999.
11
12 *****************************************
13 LEGISLATIVE SUMMARY
14
Revises the Conditional Release Program Act. Revises
15 criteria for eligibility for conditional release. Revises
terms and conditions of conditional release supervision
16 applicable to an inmate convicted of any of specified
offenses or sentenced as a habitual or violent felony
17 offender or a violent career criminal. Provides that an
inmate who has committed any of specified crimes but who
18 has not served at least one prior felony commitment may
be subject to conditional release supervision. Requires
19 supervision by the Department of Corrections, according
to the conditions imposed by the court, when the inmate
20 who is placed on conditional release supervision also is
subject to probation or community control resulting from
21 a split sentence within the overall term of sentences.
Provides for revocation of the conditional release
22 supervision without further hearing by the commission in
those cases when the court revokes probation or community
23 control. Provides for forfeiture of all gain-time under
specified circumstances. Provides for applicability of
24 various changes made by the act to certain inmates
convicted of crimes committed before, on, or after July
25 1, 1999. (See bill for details.)
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17