House Bill 2005

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    Florida House of Representatives - 1999                HB 2005

        By the Committee on Corrections and Representative
    Trovillion





  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. 947.01,

  5         F.S.; increasing membership of the Parole

  6         Commission from three to four effective July 1,

  7         1999; amending s. 947.03, F.S.; permitting

  8         commissioners serving on July 1, 1999, to

  9         remain in office until the completion of their

10         term; amending s. 947.1405, F.S.; revising

11         criteria for eligibility for conditional

12         release; providing that an inmate who has

13         committed any crime but who has not served at

14         least one prior felony commitment may be

15         subject to conditional release supervision;

16         specifying that inmates are to be released

17         under conditional release supervision; revising

18         terms and conditions of conditional release

19         supervision applicable to inmates convicted of

20         offenses; providing for applicability of such

21         supervision to all sentences under specified

22         circumstances when an inmate's overall term of

23         sentences includes one or more sentences on

24         which the eligibility for conditional release

25         supervision is based; requiring supervision by

26         the Department of Corrections, according to the

27         conditions imposed by the court, when the

28         inmate who is placed on conditional release

29         supervision also is subject to probation or

30         community control resulting from a split

31         sentence within the overall term of sentences;

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  1         providing for revocation of the conditional

  2         release supervision without further hearing by

  3         the commission in those cases when the court

  4         revokes probation or community control;

  5         providing for forfeiture of all gain-time under

  6         specified circumstances, and authorizing the

  7         Parole Commission to revoke the resulting

  8         deferred conditional release supervision and

  9         take other appropriate action; providing for

10         the supervision to revert to the authority of

11         the commission and be subject to the conditions

12         of the commission, in certain cases when the

13         term of the probation or community control

14         expires before that of the conditional release

15         supervision; providing for applicability of

16         various changes made by the act to certain

17         inmates convicted of crimes committed before,

18         on, or after July 1, 1999; providing for

19         applicability of certain provisions relating to

20         the authority of the commission to establish

21         terms and conditions of such release and to

22         determine whether a violation has occurred or

23         revocation is warranted; providing for

24         applicability of a requirement that certain

25         offenders submit to random substance abuse

26         testing throughout the term of such conditional

27         release supervision; providing for increased

28         supervision caseloads under certain

29         circumstances; providing that prior to an

30         inmate being placed on conditional release

31         supervision as a sexually violent predator, the

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  1         supervision shall be suspended until the inmate

  2         is discharged from the conditional release

  3         program; providing authority for the commission

  4         to establish conditions under which the

  5         sexually violent predator shall be returned to

  6         the conditional release program; authorizing

  7         the Parole Commission to promulgate rules

  8         necessary to implement this section; reenacting

  9         s. 775.084(4)(i), relating to violent career

10         criminals, habitual felony offenders, and

11         habitual violent felony offenders, s.

12         921.001(10), F.S., relating to the Sentencing

13         Commission and sentencing guidelines, s.

14         944.70(1), relating to conditions for release

15         from incarceration, s. 947.13(1)(f), F.S.,

16         relating to powers and duties of the Parole

17         Commission, and s. 947.141(1) and (2), F.S.,

18         relating to violations of conditional release,

19         control release, or conditional medical

20         release, to incorporate said amendment in

21         references; providing an effective date.

22

23         WHEREAS, the current sentencing guidelines are no

24  longer based on the four category levels of severity which

25  served as the criteria for conditional release eligibility,

26  and

27         WHEREAS, inmates who commit serious violent offenses

28  should be required to serve a period of time under strict

29  conditions of supervision, when released from custody as a

30  result of accumulated gain-time, and

31

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  1         WHEREAS, the serious violent crimes which require a

  2  period of strict supervision should be specified in statute

  3  and include any attempt, solicitation, or conspiracy to commit

  4  these serious violent crimes, and

  5         WHEREAS, a conviction for one of the specified serious

  6  violent crimes is sufficient in itself, without the necessity

  7  of a prior felony commitment, to require imposition of a

  8  period of strict conditional release supervision, and

  9         WHEREAS, any violation of these strict conditions of

10  release which results in revocation of supervision should

11  result in the forfeiture of all accumulated gain-time, and

12         WHEREAS, when an inmate also has been subject to

13  conditions of probation or community control following release

14  from incarceration, and the inmate has violated these

15  conditions with the result that the probation or community

16  control is revoked in a proceeding before a judge, the Parole

17  Commission should not be required to conduct a second

18  administrative proceeding to revoke any concurrent or

19  consecutive term of conditional release supervision, and

20         WHEREAS, such a second administrative proceeding is not

21  constitutionally required and is an unjustified and

22  inefficient use of limited state resources, NOW, THEREFORE,

23

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

25

26         Section 1.  This act may be cited as the "Supervision

27  of Violent Offenders Act of 1999."

28         Section 2.  Section 947.01, Florida Statutes, is

29  amended to read:

30         947.01  Parole Commission; creation; number of

31  members.--A Parole Commission is created to consist of six

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  1  members who are residents of the state.  Effective July 1,

  2  1996, the membership of the commission shall be three members.

  3  Effective July 1, 1999, the membership of the commission shall

  4  be four members.

  5         Section 3.  Subsection (1) of section 947.03, Florida

  6  Statutes, is amended to read:

  7         947.03  Commissioners; tenure and removal.--

  8         (1)  Unless otherwise provided by law, each

  9  commissioner serving on July 1, 1999 1983, shall be permitted

10  to remain in office until completion of his or her current

11  term.  Upon the expiration of the term, a successor shall be

12  appointed in the manner prescribed pursuant to the provisions

13  of this section, unless otherwise provided by law. Members

14  appointed by the Governor and Cabinet shall be appointed for

15  terms of 6 years, unless otherwise provided by law.  No person

16  is eligible to be appointed for more than two consecutive

17  6-year terms.

18         Section 4.  Section 947.1405, Florida Statutes, is

19  amended to read:

20         947.1405  Conditional release program.--

21         (1)  This section and s. 947.141 may be cited as the

22  "Conditional Release Program Act."

23         (2)  Any inmate who:

24         (a)  Is convicted of a crime committed on or after

25  October 1, 1988, and before January 1, 1994, and any inmate

26  who is convicted of a crime committed on or after January 1,

27  1994, and before July 1, 1999, which crime is or was contained

28  in category 1, category 2, category 3, or category 4 of Rule

29  3.701 and Rule 3.988, Florida Rules of Criminal Procedure

30  (1993), and who has served at least one prior felony

31  commitment at a state or federal correctional institution;

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  1         (b)  Is sentenced as a habitual or violent habitual

  2  offender or a violent career criminal pursuant to s. 775.084

  3  based on an offense committed before July 1, 1999; or

  4         (c)  Is found to be a sexual predator under s. 775.21

  5  or former s. 775.23, based on an offense committed before July

  6  1, 1999,

  7

  8  shall, upon reaching the tentative release date or provisional

  9  release date, whichever is earlier, as established by the

10  Department of Corrections, be released under conditional

11  release supervision subject to specified terms and conditions,

12  including payment of the cost of supervision pursuant to s.

13  948.09. Such supervision shall be applicable to all sentences

14  within the overall term of sentences if an inmate's overall

15  term of sentences includes one or more sentences that are

16  eligible for conditional release supervision as provided

17  herein. Effective July 1, 1994, and applicable for offenses

18  committed on or after that date, the commission may require,

19  as a condition of conditional release, that the releasee make

20  payment of the debt due and owing to a county or municipal

21  detention facility under s. 951.032 for medical care,

22  treatment, hospitalization, or transportation received by the

23  releasee while in that detention facility. The commission, in

24  determining whether to order such repayment and the amount of

25  such repayment, shall consider the amount of the debt, whether

26  there was any fault of the institution for the medical

27  expenses incurred, the financial resources of the releasee,

28  the present and potential future financial needs and earning

29  ability of the releasee, and dependents, and other appropriate

30  factors.  If an inmate has received a term of probation or

31  community control supervision to be served after release from

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  1  incarceration, the period of probation or community control

  2  must be substituted for the conditional release supervision. A

  3  panel of no fewer than two commissioners shall establish the

  4  terms and conditions of any such release. If the offense was a

  5  controlled substance violation, the conditions shall include a

  6  requirement that the offender submit to random substance abuse

  7  testing intermittently throughout the term of conditional

  8  release supervision, upon the direction of the correctional

  9  probation officer as defined in s. 943.10(3). The commission

10  shall also determine whether the terms and conditions of such

11  release have been violated and whether such violation warrants

12  revocation of the conditional release.

13         (3)  Any inmate who has been convicted of committing or

14  attempting, soliciting, or conspiring to commit any offense on

15  or after July 1, 1999, shall, upon reaching the tentative

16  release date established by the Department of Corrections, be

17  released under conditional release supervision subject to the

18  terms and conditions determined by the commission as provided

19  in this subsection and subsection (5). Such supervision shall

20  be applicable to all sentences within the overall term of

21  sentences if an inmate's overall term of sentences includes

22  one or more sentences that are eligible for conditional

23  release supervision as provided herein. If any inmate placed

24  on conditional release supervision is also subject to

25  probation or community control, resulting from a probationary

26  or community control split sentence within the overall term of

27  sentences, the Department of Corrections shall supervise such

28  person according to the conditions imposed by the court, and

29  the commission shall defer to such supervision. If the court

30  revokes probation or community control, and resentences the

31  offender to a term of incarceration, such revocation also

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  1  constitutes a sufficient basis for the revocation of the

  2  conditional release supervision on any nonprobationary or

  3  noncommunity control sentence, without further hearing by the

  4  commission. If any such supervision on any nonprobationary or

  5  noncommunity control sentence is revoked, such revocation may

  6  result in a forfeiture of all gain-time, and the commission

  7  may revoke the resulting deferred conditional release

  8  supervision or take other action it considers appropriate. If

  9  the term of conditional release supervision exceeds that of

10  the probation or community control, then upon expiration of

11  the probation or community control, authority for the

12  supervision shall revert to the commission, and the

13  supervision shall be subject to the conditions of the

14  commission.

15         (4)  A panel of no fewer than two commissioners shall

16  establish the terms and conditions of any conditional release.

17  If the offense was a controlled substance violation, the

18  conditions shall include a requirement that the offender

19  submit to random substance abuse testing intermittently

20  throughout the term of conditional release supervision, upon

21  the direction of the correctional probation officer as defined

22  in s. 943.10(3). The commission shall also determine whether

23  the terms and conditions of such release have been violated

24  and whether such violation warrants revocation of the

25  conditional release.

26         (5)(3)  As part of the conditional release process, the

27  commission shall determine:

28         (a)  The amount of reparation or restitution.

29         (b)  The consequences of the offense as reported by the

30  aggrieved party.

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  1         (c)  The aggrieved party's fear of the inmate or

  2  concerns about the release of the inmate.

  3         (6)(4)  The commission shall provide to the aggrieved

  4  party information regarding the manner in which notice of any

  5  developments concerning the status of the inmate during the

  6  term of conditional release may be requested.

  7         (7)(5)  Within 180 days prior to the tentative release

  8  date or provisional release date, whichever is earlier, a

  9  representative of the commission shall interview the inmate.

10  The commission representative shall review the inmate's

11  program participation, disciplinary record, psychological and

12  medical records, and any other information pertinent to the

13  impending release.  A commission representative shall conduct

14  a personal interview with the inmate for the purpose of

15  determining the details of the inmate's release plan,

16  including the inmate's planned residence and employment.  The

17  results of the interview must be forwarded to the commission

18  in writing.

19         (8)(6)  Upon receipt of notice as required under s.

20  947.175, the commission shall conduct a review of the inmate's

21  record for the purpose of establishing the terms and

22  conditions of the conditional release.  The commission may

23  impose any special conditions it considers warranted from its

24  review of the record. If the commission determines that the

25  inmate is eligible for release under this section, the

26  commission shall enter an order establishing the length of

27  supervision and the conditions attendant thereto. However, an

28  inmate who has been convicted of a violation of chapter 794 or

29  found by the court to be a sexual predator is subject to the

30  maximum level of supervision provided, with the mandatory

31  conditions as required in subsection (9) (7), and that

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  1  supervision shall continue through the end of the releasee's

  2  original court-imposed sentence.  The length of supervision

  3  must not exceed the maximum penalty imposed by the court.

  4         (9)(7)(a)  Any inmate who is convicted of a crime

  5  committed on or after October 1, 1995, or who has been

  6  previously convicted of a crime committed on or after October

  7  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

  8  or s. 847.0145, and is subject to conditional release

  9  supervision, shall have, in addition to any other conditions

10  imposed, the following special conditions imposed by the

11  commission:

12         1.  A mandatory curfew from 10 p.m. to 6 a.m. The court

13  may designate another 8-hour period if the offender's

14  employment precludes the above specified time, and such

15  alternative is recommended by the Department of Corrections.

16  If the court determines that imposing a curfew would endanger

17  the victim, the court may consider alternative sanctions.

18         2.  If the victim was under the age of 18, a

19  prohibition on living within 1,000 feet of a school, day care

20  center, park, playground, or other place where children

21  regularly congregate.

22         3.  Active participation in and successful completion

23  of a sex offender treatment program with therapists

24  specifically trained to treat sex offenders, at the releasee's

25  own expense. If a specially trained therapist is not available

26  within a 50-mile radius of the releasee's residence, the

27  offender shall participate in other appropriate therapy.

28         4.  A prohibition on any contact with the victim,

29  directly or indirectly, including through a third person,

30  unless approved by the victim, the offender's therapist, and

31  the sentencing court.

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  1         5.  If the victim was under the age of 18, a

  2  prohibition, until successful completion of a sex offender

  3  treatment program, on unsupervised contact with a child under

  4  the age of 18, unless authorized by the commission without

  5  another adult present who is responsible for the child's

  6  welfare, has been advised of the crime, and is approved by the

  7  commission.

  8         6.  If the victim was under age 18, a prohibition on

  9  working for pay or as a volunteer at any school, day care

10  center, park, playground, or other place where children

11  regularly congregate, as prescribed by the commission.

12         7.  Unless otherwise indicated in the treatment plan

13  provided by the sexual offender treatment program, a

14  prohibition on viewing, owning, or possessing any obscene,

15  pornographic, or sexually stimulating visual or auditory

16  material, including telephone, electronic media, computer

17  programs, or computer services that are relevant to the

18  offender's deviant behavior pattern.

19         8.  A requirement that the releasee must submit two

20  specimens of blood to the Florida Department of Law

21  Enforcement to be registered with the DNA database.

22         9.  A requirement that the releasee make restitution to

23  the victim, as determined by the sentencing court or the

24  commission, for all necessary medical and related professional

25  services relating to physical, psychiatric, and psychological

26  care.

27         10.  Submission to a warrantless search by the

28  community control or probation officer of the probationer's or

29  community controllee's person, residence, or vehicle.

30         (b)  For a releasee whose crime was committed on or

31  after October 1, 1997, in violation of chapter 794, s. 800.04,

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  1  s. 827.071, or s. 847.0145, and who is subject to conditional

  2  release supervision, in addition to any other provision of

  3  this subsection, the commission shall impose the following

  4  additional conditions of conditional release supervision:

  5         1.  As part of a treatment program, participation in a

  6  minimum of one annual polygraph examination to obtain

  7  information necessary for risk management and treatment and to

  8  reduce the sex offender's denial mechanisms. The polygraph

  9  examination must be conducted by a polygrapher trained

10  specifically in the use of the polygraph for the monitoring of

11  sex offenders, where available, and at the expense of the sex

12  offender. The results of the polygraph examination shall not

13  be used as evidence in a hearing to prove that a violation of

14  supervision has occurred.

15         2.  Maintenance of a driving log and a prohibition

16  against driving a motor vehicle alone without the prior

17  approval of the supervising officer.

18         3.  A prohibition against obtaining or using a post

19  office box without the prior approval of the supervising

20  officer.

21         4.  If there was sexual contact, a submission to, at

22  the probationer's or community controllee's expense, an HIV

23  test with the results to be released to the victim or the

24  victim's parent or guardian.

25         5.  Electronic monitoring when deemed necessary by the

26  community control or probation officer and his or her

27  supervisor, and ordered by the court at the recommendation of

28  the Department of Corrections.

29         (10)(8)  It is the finding of the Legislature that the

30  population of offenders released from state prison into the

31  community who meet the conditional release criteria poses the

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  1  greatest threat to the public safety of the groups of

  2  offenders under community supervision. Therefore, the

  3  Department of Corrections is to provide intensive supervision

  4  by experienced correctional probation officers to conditional

  5  release offenders. Subject to specific appropriation by the

  6  Legislature, caseloads may be restricted to a maximum of 75 40

  7  conditional release offenders per officer to provide for

  8  enhanced public safety and to effectively monitor conditions

  9  of electronic monitoring or curfews, if so ordered by the

10  commission.

11         (11)  If any inmate, prior to being placed on

12  conditional release supervision, is subject to control, care,

13  and treatment as a sexually violent predator pursuant to ss.

14  916.31-916.49, the inmate's placement on conditional release

15  supervision shall be suspended until the inmate is discharged

16  from such control, care, and treatment at which time the

17  inmate shall be placed on conditional release supervision and

18  under conditions established by the commission. If any inmate

19  placed on conditional release supervision is also subject to

20  control, care, and treatment as a sexually violent predator

21  pursuant to ss. 916.31-916.49, the term of conditional release

22  supervision shall be suspended until the inmate is discharged

23  from such control, care, and treatment at which time the

24  inmate shall be returned to conditional release supervision

25  status and under conditions established by the commission.

26         (12)  The commission may adopt rules pursuant to ss.

27  120.536(1) and 120.54 necessary for implementing provisions of

28  this section.

29         Section 5.  For the purpose of incorporating the

30  amendment to section 947.1405, Florida Statutes, in references

31  thereto, the following sections or subdivisions of Florida

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  1  Statutes, or Florida Statutes, 1998 Supplement, are reenacted

  2  to read:

  3         775.084  Violent career criminals; habitual felony

  4  offenders and habitual violent felony offenders; definitions;

  5  procedure; enhanced penalties.--

  6         (4)

  7         (i)  The provisions of s. 947.1405 shall apply to

  8  persons sentenced as habitual felony offenders and persons

  9  sentenced as habitual violent felony offenders.

10         921.001  Sentencing Commission and sentencing

11  guidelines generally.--

12         (10)(a)  A person who is convicted of a crime committed

13  on or after October 1, 1983, but before January 1, 1994, may

14  be released from incarceration only:

15         1.  Upon expiration of the person's sentence;

16         2.  Upon expiration of the person's sentence as reduced

17  by accumulated gain-time;

18         3.  As directed by an executive order granting

19  clemency;

20         4.  Upon attaining the provisional release date;

21         5.  Upon placement in a conditional release program

22  pursuant to s. 947.1405; or

23         6.  Upon the granting of control release pursuant to s.

24  947.146.

25         (b)  A person who is convicted of a crime committed on

26  or after January 1, 1994, may be released from incarceration

27  only:

28         1.  Upon expiration of the person's sentence;

29         2.  Upon expiration of the person's sentence as reduced

30  by accumulated meritorious or incentive gain-time;

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  1         3.  As directed by an executive order granting

  2  clemency;

  3         4.  Upon placement in a conditional release program

  4  pursuant to s. 947.1405 or a conditional medical release

  5  program pursuant to s. 947.149; or

  6         5.  Upon the granting of control release, including

  7  emergency control release, pursuant to s. 947.146.

  8         944.70  Conditions for release from incarceration.--

  9         (1)(a)  A person who is convicted of a crime committed

10  on or after October 1, 1983, but before January 1, 1994, may

11  be released from incarceration only:

12         1.  Upon expiration of the person's sentence;

13         2.  Upon expiration of the person's sentence as reduced

14  by accumulated gain-time;

15         3.  As directed by an executive order granting

16  clemency;

17         4.  Upon attaining the provisional release date;

18         5.  Upon placement in a conditional release program

19  pursuant to s. 947.1405; or

20         6.  Upon the granting of control release pursuant to s.

21  947.146.

22         (b)  A person who is convicted of a crime committed on

23  or after January 1, 1994, may be released from incarceration

24  only:

25         1.  Upon expiration of the person's sentence;

26         2.  Upon expiration of the person's sentence as reduced

27  by accumulated meritorious or incentive gain-time;

28         3.  As directed by an executive order granting

29  clemency;

30

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  1         4.  Upon placement in a conditional release program

  2  pursuant to s. 947.1405 or a conditional medical release

  3  program pursuant to s. 947.149; or

  4         5.  Upon the granting of control release, including

  5  emergency control release, pursuant to s. 947.146.

  6         947.13  Powers and duties of commission.--

  7         (1)  The commission shall have the powers and perform

  8  the duties of:

  9         (f)  Establishing the terms and conditions of persons

10  released on conditional release under s. 947.1405, and

11  determining subsequent ineligibility for conditional release

12  due to a violation of the terms or conditions of conditional

13  release and taking action with respect to such a violation.

14         947.141  Violations of conditional release, control

15  release, or conditional medical release.--

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

17  representative of the commission has reasonable grounds to

18  believe that an offender who is on release supervision under

19  s. 947.1405, s. 947.146, or s. 947.149 has violated the terms

20  and conditions of the release in a material respect, such

21  member or representative may cause a warrant to be issued for

22  the arrest of the releasee; if the offender was found to be a

23  sexual predator, the warrant must be issued.

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

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

26  or s. 947.149, the offender must be detained without bond

27  until the initial appearance of the offender at which a

28  judicial determination of probable cause is made. If the

29  magistrate determines that there was no probable cause for the

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

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

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  1  determination also constitutes reasonable grounds to believe

  2  that the offender violated the conditions of the release.

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

  4  cause, the detention facility administrator or designee shall

  5  notify the commission and the department of the finding and

  6  transmit to each a facsimile copy of the probable cause

  7  affidavit or the sworn offense report upon which the

  8  magistrate's probable cause determination is based. The

  9  offender must continue to be detained without bond for a

10  period not exceeding 72 hours excluding weekends and holidays

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

12  decision by the commission whether to issue a warrant charging

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

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

15  continue to be held in custody pending a revocation hearing

16  held in accordance with this section.

17         Section 6.  This act shall take effect July 1, 1999.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2005

    180-417-99






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  2                          HOUSE SUMMARY

  3
      Increases the number of members of the Parole Commission
  4    from three to four. Revises the Conditional Release
      Program Act. Revises criteria for eligibility for
  5    conditional release. Revises terms and conditions of
      conditional release supervision applicable to an inmate
  6    convicted of any of specified offenses or sentenced as a
      habitual or violent felony offender or a violent career
  7    criminal. Provides that an inmate who has committed any
      of specified crimes but who has not served at least one
  8    prior felony commitment may be subject to conditional
      release supervision. Requires supervision by the
  9    Department of Corrections, according to the conditions
      imposed by the court, when the inmate who is placed on
10    conditional release supervision also is subject to
      probation or community control resulting from a split
11    sentence within the overall term of sentences. Provides
      for revocation of the conditional release supervision
12    without further hearing by the commission in those cases
      when the court revokes probation or community control.
13    Provides for forfeiture of all gain-time under specified
      circumstances. Provides for applicability of various
14    changes made by the act to certain inmates convicted of
      crimes committed before, on, or after July 1, 1999. See
15    bill for details.

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