HB 1177

1
A bill to be entitled
2An act relating to elderly inmates; providing legislative
3intent; creating s. 947.148, F.S.; providing a short
4title; creating the Elderly Rehabilitated Inmate
5Supervision Program to authorize the Parole Commission to
6approve the early release of certain elderly inmates;
7providing eligibility requirements for an inmate to
8participate in the program; requiring that the petition to
9participate in the program include certain documents;
10authorizing members of the public to be present at
11meetings of the commission held to determine an inmate's
12eligibility for the program; authorizing a victim to make
13an oral statement or provide a written statement regarding
14the granting, denying, or revoking of an inmate's
15supervised release under the program; requiring that the
16commission notify the victim or the victim's family within
17a specified period regarding the filing of a petition, the
18date of the commission's meeting, and the commission's
19decision; authorizing the commission to approve an
20inmate's participation in the program under certain
21conditions; providing eligibility requirements that the
22commission must review; requiring an examiner to interview
23within a specified time an inmate who has filed a petition
24for supervised release under the program; authorizing the
25postponement of the interview; requiring the examiner to
26explain and review certain criteria during the interview;
27requiring that the examiner recommend a release date for
28the inmate; providing certain conditions under which an
29inmate may not be released; requiring a panel of
30commissioners to establish terms and conditions of the
31supervised release under certain circumstances; requiring
32that the inmate participate in community service, submit
33to electronic monitoring, and provide restitution to
34victims as a condition for participating in the program;
35authorizing the commission to impose special conditions of
36supervision; authorizing the inmate to request a review of
37the terms and conditions of his or her program
38supervision; requiring a panel of commissioners to render
39a decision within a specified period regarding a request
40to modify or continue the supervised release; providing
41that participation in the program is voluntary; requiring
42the commission to specify in writing the terms and
43conditions of supervision and provide a certified copy to
44the inmate; authorizing the trial court judge to enter an
45order to retain jurisdiction over the offender; providing
46a limitation of the trial court's jurisdiction; providing
47for gain-time to accrue; providing procedures if the trial
48court retains jurisdiction of the inmate; requiring a
49correctional probation officer to supervise an inmate who
50is released under the program; authorizing the Department
51of Corrections to conduct the program using departmental
52employees or private agencies; requiring the department to
53adopt rules; creating s. 947.1481, F.S.; creating the
54Restorative Justice Pilot Program; requiring the
55Department of Corrections to develop a pilot program
56patterned after the juvenile justice program offered by
57Neighborhood Restorative Justice Centers; requiring that
58inmates who are eligible to participate in the Elderly
59Rehabilitated Inmate Supervision Program be given priority
60for participating in the pilot program; providing that the
61pilot program be developed after consultation with
62specified persons; authorizing the department to conduct
63the pilot program using departmental employees or private
64agencies; requiring the department to adopt rules;
65amending s. 947.141, F.S.; conforming provisions to
66changes made by the act; authorizing a law enforcement
67officer to arrest an inmate under certain circumstances
68who has been released under the Elderly Rehabilitated
69Inmate Supervision Program; providing an effective date.
70
71Be It Enacted by the Legislature of the State of Florida:
72
73     Section 1.  The Legislature recognizes the need to provide
74a means for the release of older inmates who have demonstrated
75that they have been rehabilitated while incarcerated. It is the
76intent of the Legislature to address this issue by establishing
77a conditional extension of the limits of confinement by
78providing a mechanism for determining eligibility for early
79release and supervising inmates who have been incarcerated for
80at least 25 cumulative years and are 50 years of age or older.
81The Legislature intends to provide for victim input and the
82enforcement of penalties for those who fail to comply with
83supervision while outside a prison facility. The Legislature
84also intends that a pilot program patterned after the program
85offered by Neighborhood Restorative Justice Centers be
86implemented and offered to inmates who are eligible for release
87under the Elderly Rehabilitated Inmate Supervision Program.
88     Section 2.  Section 947.148, Florida Statutes, is created
89to read:
90     947.148  Elderly Rehabilitated Inmate Supervision Program.-
91     (1)  This section may be cited as the "Elderly
92Rehabilitated Inmate Supervision Program Act."
93     (2)  As used in this section, the term "program" means the
94Elderly Rehabilitated Inmate Supervision Program.
95     (3)  An inmate may petition the commission for supervised
96release under the program if the inmate:
97     (a)  Is 50 years of age or older;
98     (b)  Has been convicted of a felony and served at least 25
99consecutive years of incarceration;
100     (c)  Is not eligible for parole or conditional medical
101release;
102     (d)  Has not been sentenced for a capital felony;
103     (e)  Is not serving a minimum mandatory sentence; and
104     (f)  Has not received a disciplinary report within the
105previous 6 months.
106     (4)  Each petition filed on behalf of an inmate to
107participate in the program must contain:
108     (a)  A proposed release plan;
109     (b)  Documentation of the inmate's relevant medical
110history, including current medical prognosis;
111     (c)  The inmate's prison experience and criminal history.
112The criminal history must include any claim of innocence, the
113degree to which the inmate accepts responsibility for his or her
114acts leading to the conviction of the crime, and how the claim
115of responsibility has affected the inmate's feelings of remorse;
116     (d)  Documentation of the inmate's history of substance
117abuse and mental health;
118     (e)  Documentation of any disciplinary action taken against
119the inmate while in prison;
120     (f)  Documentation of the inmate's participation in prison
121work and programs; and
122     (g)  Documentation of the inmate's renunciation of gang
123affiliation.
124     (5)  An inmate may file only one petition to participate in
125the program.
126     (6)  All matters relating to the granting, denying, or
127revoking of an inmate's supervised release in the program shall
128be decided in a meeting at which the public may be present. A
129victim of the crime committed by the inmate, a victim's parent
130or guardian if the victim is a minor, a lawful representative of
131the victim or of the victim's parent or guardian if the victim
132is a minor, or a homicide victim's next of kin may make an oral
133statement or submit a written statement regarding his or her
134views as to the granting, denying, or revoking of supervision. A
135person who is not a member or employee of the commission, the
136victim of the crime committed by the inmate, the victim's parent
137or guardian if the victim is a minor, a lawful representative of
138the victim or of the victim's parent or guardian if the victim
139is a minor, or a homicide victim's next of kin may participate
140in deliberations concerning the granting and revoking of an
141inmate's supervised release in the program only upon the prior
142written approval of the chair of the commission. The commission
143shall notify the victim, the victim's parent or guardian if the
144victim is a minor, a lawful representative of the victim or of
145the victim's parent or guardian if the victim is a minor, or the
146victim's next of kin if the victim is deceased no later than 30
147days after the petition is received by the commission, no later
148than 30 days before the commission's meeting, and no later than
14930 days after the commission's decision.
150     (7)  The commission may approve an inmate for participation
151in the program if the inmate demonstrates:
152     (a)  Successful participation in programs designed to
153restore the inmate as a useful and productive person in the
154community upon release;
155     (b)  Genuine reform and changed behavior over a period of
156years;
157     (c)  Remorse for actions that have caused pain and
158suffering to the victims of his or her offenses; and
159     (d)  A renunciation of criminal activity and gang
160affiliation if the inmate was a member of a gang.
161     (8)  In considering eligibility for participation in the
162program, the commission shall review the inmate's:
163     (a)  Entire criminal history and record;
164     (b)  Complete medical history, including history of
165substance abuse, mental health, and current medical prognosis;
166     (c)  Prison disciplinary record;
167     (d)  Work record;
168     (e)  Program participation; and
169     (f)  Gang affiliation, if any.
170
171The commission shall consider the inmate's responsibility for
172the acts leading to the conviction, including any prior and
173continued statements of innocence and the inmate's feelings of
174remorse.
175     (9)(a)  An examiner shall interview the inmate within 90
176days after a petition is filed on behalf of the inmate. An
177interview may be postponed for a period not to exceed 90 days.
178Such postponement must be for good cause, which includes, but
179need not be limited to, the need for the commission to obtain a
180presentence or postsentence investigation report or a violation
181report. The reason for postponement shall be noted in writing
182and included in the official record. A postponement for good
183cause may not result in an interview being conducted later than
18490 days after the inmate's initial scheduled interview.
185     (b)  During the interview, the examiner shall explain the
186program to the inmate and review the inmate's institutional
187conduct record, criminal history, medical history, work records,
188program participation, gang affiliation, and satisfactory
189release plan for supervision under the program.
190     (c)  Within 10 days after the interview, the examiner shall
191recommend in writing to a panel of no fewer than two
192commissioners appointed by the chair a release date for the
193inmate. The commissioners are not bound by the examiner's
194recommended release date.
195     (10)  An inmate may not be placed in the program merely as
196a reward for good conduct or efficient performance of duties
197assigned in prison. An inmate may not be placed in the program
198unless the commission finds that there is reasonable probability
199that, if the inmate is placed in the program, he or she will
200live and conduct himself or herself as a respectable and law-
201abiding person and that the inmate's release will be compatible
202with his or her own welfare and the welfare of society.
203     (11)  When the commission has accepted the petition,
204approved the proposed release plan, and determined that the
205inmate is eligible for the program, a panel of no fewer than two
206commissioners shall establish the terms and conditions of the
207supervision. When granting supervised release under the program,
208the commission shall require the inmate to participate in 10
209hours of community service for each year served in prison,
210require that the inmate be subject to electronic monitoring for
211at least 1 year, and require reparation or restitution be paid
212to the victim for the damage or loss caused by the offense for
213which the inmate was imprisoned, unless the commission finds
214reasons to the contrary. If the commission does not order
215restitution or orders only partial restitution, the commission
216must state on the record the reasons for its decision. The
217amount of such reparation or restitution shall be determined by
218the commission.
219     (12)  The commission may impose any special conditions it
220considers warranted from its review of the release plan and
221inmate's record, including, but not limited to, a requirement
222that the inmate:
223     (a)  Pay any debt due and owing to the state under s.
224960.17 or pay attorney's fees and costs that are owed to the
225state under s. 938.29;
226     (b)  Not leave the state or any definite physical area
227within the state without the consent of the commission;
228     (c)  Not associate with persons engaged in criminal
229activity; and
230     (d)  Carry out the instructions of her or his supervising
231correctional probation officer.
232     (13)(a)  An inmate may request a review of the terms and
233conditions of his or her supervised release under the program. A
234panel of at least two commissioners appointed by the chair shall
235consider the inmate's request, render a written decision and the
236reasons for the decision to continue or to modify the terms and
237conditions of the program supervision, and inform the inmate of
238the decision in writing within 30 days after the date of receipt
239of the request for review. During any period of review of the
240terms and conditions of supervision, the inmate shall be subject
241to the authorized terms and conditions of supervision until such
242time that a decision is made to continue or modify the terms and
243conditions of supervision.
244     (b)  The length of supervision shall be the remaining
245amount of time the inmate has yet to serve, including
246calculations for gain-time credit, as determined by the
247department.
248     (c)  An inmate's participation in the program is voluntary,
249and the inmate must agree to abide by all conditions of release.
250The commission, upon authorizing a supervision release date,
251shall specify in writing the terms and conditions of the program
252supervision and provide a certified copy of these terms and
253conditions to the inmate.
254     (14)(a)  At the time of sentencing, the trial court judge
255may enter an order retaining jurisdiction over the offender for
256review of a release order by the commission under this section.
257This jurisdiction of the trial court judge is limited to the
258first one-third of the maximum sentence imposed. When a person
259is convicted of two or more felonies and concurrent sentences
260are imposed, the jurisdiction of the trial court applies to the
261first one-third of the maximum sentence imposed for the highest
262felony of which the person was convicted. When any person is
263convicted of two or more felonies and consecutive sentences are
264imposed, the jurisdiction of the trial court judge applies to
265one-third of the total consecutive sentences imposed.
266     (b)  In retaining jurisdiction for purposes of this
267subsection, the trial court must state the justification with
268individual particularity, and such justification shall be made a
269part of the court record. A copy of the justification and the
270uniform commitment form issued by the court pursuant to s.
271944.17 shall be delivered together to the department.
272     (c)  Gain-time as provided for by law shall accrue, except
273that an offender over whom the trial court has retained
274jurisdiction as provided in this subsection may not be released
275during the first one-third of her or his sentence by reason of
276gain-time.
277     (d)  In such a case of retained jurisdiction, the
278commission, within 30 days after the entry of its release order,
279shall send notice of its release order to the original
280sentencing judge and to the appropriate state attorney. The
281release order shall be made contingent upon entry of an order by
282the appropriate circuit judge relinquishing jurisdiction as
283provided for in paragraph (e). If the original sentencing judge
284is no longer in service, such notice shall be sent to the chief
285judge of the circuit in which the offender was sentenced. The
286chief judge may designate any circuit judge within the circuit
287to act in the place of the original sentencing judge.
288     (e)  The original sentencing judge or her or his
289replacement shall notify the commission within 10 days after
290receipt of the notice provided for in paragraph (d) as to
291whether the court desires to retain jurisdiction. If the
292original sentencing judge or her or his replacement does not so
293notify the commission within the 10-day period or notifies the
294commission that the court does not desire to retain
295jurisdiction, the commission may dispose of the matter as it
296sees fit.
297     (f)  Upon receipt of notice of intent to retain
298jurisdiction from the original sentencing judge or her or his
299replacement, the commission shall, within 10 days, forward to
300the court its release order, the examiner's report and
301recommendation, and all supporting information upon which its
302release order was based.
303     (g)  Within 30 days after receipt of the items listed in
304paragraph (f), the original sentencing judge or her or his
305replacement shall review the order, findings, and evidence. If
306the judge finds that the order of the commission is not based on
307competent, substantial evidence or that participation in the
308program is not in the best interest of the community or the
309inmate, the court may vacate the release order. The judge or her
310or his replacement shall notify the commission of the decision
311of the court, and, if the release order is vacated, such
312notification must contain the evidence relied on and the reasons
313for denial. A copy of the notice shall be sent to the inmate.
314     (15)  A correctional probation officer as defined in s.
315943.10 shall supervise the inmate released under this program.
316     (16)  The department may provide departmental staff to
317conduct the program created under this section or may contract
318with other public or private agencies for the delivery of
319services related to the program created under this section.
320     (17)  The department shall adopt rules to administer this
321section.
322     Section 3.  Section 947.1481, Florida Statutes, is created
323to read:
324     947.1481  Restorative Justice Pilot Program.-
325     (1)  As used in this section, the term "pilot program"
326means the Restorative Justice Pilot Program.
327     (2)  The department shall develop the pilot program that is
328patterned after the program offered by the Neighborhood
329Restorative Justice Centers established under s. 985.155. The
330pilot program shall be implemented at one maximum security
331prison for women and at two maximum security prisons for men.
332The portion of the pilot program which include classes on the
333effect that crime has on victims shall be made available on a
334voluntary basis. Inmates who are eligible to participate in the
335Elderly Rehabilitated Inmate Supervision Program shall be given
336priority for participation in the pilot program.
337     (3)  The pilot program created under this section shall be
338developed after identifying a need in the community for the
339pilot program through consultation with representatives of the
340public, members of the judiciary, law enforcement agencies,
341state attorneys, and defense attorneys.
342     (4)  The department may provide departmental staff to
343conduct the pilot program or may contract with other public or
344private agencies for the delivery of services related to the
345pilot program.
346     (5)  The department shall adopt rules to administer this
347section.
348     Section 4.  Section 947.141, Florida Statutes, is amended
349to read:
350     947.141  Violations of conditional release, control
351release, or conditional medical release or addiction-recovery
352supervision.-
353     (1)  If a member of the commission or a duly authorized
354representative of the commission has reasonable grounds to
355believe that an offender who is on release supervision under s.
356947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
357violated the terms and conditions of the release in a material
358respect, such member or representative may cause a warrant to be
359issued for the arrest of the releasee; if the offender was found
360to be a sexual predator, the warrant must be issued.
361     (2)  Upon the arrest on a felony charge of an offender who
362is on release supervision under s. 947.1405, s. 947.146, s.
363947.148, s. 947.149, or s. 944.4731, the offender must be
364detained without bond until the initial appearance of the
365offender at which a judicial determination of probable cause is
366made. If the trial court judge determines that there was no
367probable cause for the arrest, the offender may be released. If
368the trial court judge determines that there was probable cause
369for the arrest, such determination also constitutes reasonable
370grounds to believe that the offender violated the conditions of
371the release. Within 24 hours after the trial court judge's
372finding of probable cause, the detention facility administrator
373or designee shall notify the commission and the department of
374the finding and transmit to each a facsimile copy of the
375probable cause affidavit or the sworn offense report upon which
376the trial court judge's probable cause determination is based.
377The offender must continue to be detained without bond for a
378period not exceeding 72 hours excluding weekends and holidays
379after the date of the probable cause determination, pending a
380decision by the commission whether to issue a warrant charging
381the offender with violation of the conditions of release. Upon
382the issuance of the commission's warrant, the offender must
383continue to be held in custody pending a revocation hearing held
384in accordance with this section.
385     (3)  Within 45 days after notice to the Parole Commission
386of the arrest of a releasee charged with a violation of the
387terms and conditions of conditional release, control release,
388conditional medical release, or addiction-recovery supervision,
389the releasee must be afforded a hearing conducted by a
390commissioner or a duly authorized representative thereof. If the
391releasee elects to proceed with a hearing, the releasee must be
392informed orally and in writing of the following:
393     (a)  The alleged violation with which the releasee is
394charged.
395     (b)  The releasee's right to be represented by counsel.
396     (c)  The releasee's right to be heard in person.
397     (d)  The releasee's right to secure, present, and compel
398the attendance of witnesses relevant to the proceeding.
399     (e)  The releasee's right to produce documents on the
400releasee's own behalf.
401     (f)  The releasee's right of access to all evidence used
402against the releasee and to confront and cross-examine adverse
403witnesses.
404     (g)  The releasee's right to waive the hearing.
405     (4)  Within a reasonable time following the hearing, the
406commissioner or the commissioner's duly authorized
407representative who conducted the hearing shall make findings of
408fact in regard to the alleged violation. A panel of no fewer
409than two commissioners shall enter an order determining whether
410the charge of violation of conditional release, control release,
411conditional medical release, or addiction-recovery supervision
412has been sustained based upon the findings of fact presented by
413the hearing commissioner or authorized representative. By such
414order, the panel may revoke conditional release, control
415release, conditional medical release, or addiction-recovery
416supervision and thereby return the releasee to prison to serve
417the sentence imposed, reinstate the original order granting the
418release, or enter such other order as it considers proper.
419Effective for inmates whose offenses were committed on or after
420July 1, 1995, the panel may order the placement of a releasee,
421upon a finding of violation pursuant to this subsection, into a
422local detention facility as a condition of supervision.
423     (5)  Effective for inmates whose offenses were committed on
424or after July 1, 1995, notwithstanding the provisions of ss.
425775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
426951.23, or any other law to the contrary, by such order as
427provided in subsection (4), the panel, upon a finding of guilt,
428may, as a condition of continued supervision, place the releasee
429in a local detention facility for a period of incarceration not
430to exceed 22 months. Prior to the expiration of the term of
431incarceration, or upon recommendation of the chief correctional
432officer of that county, the commission shall cause inquiry into
433the inmate's release plan and custody status in the detention
434facility and consider whether to restore the inmate to
435supervision, modify the conditions of supervision, or enter an
436order of revocation, thereby causing the return of the inmate to
437prison to serve the sentence imposed. The provisions of this
438section do not prohibit the panel from entering such other order
439or conducting any investigation that it deems proper. The
440commission may only place a person in a local detention facility
441pursuant to this section if there is a contractual agreement
442between the chief correctional officer of that county and the
443Department of Corrections. The agreement must provide for a per
444diem reimbursement for each person placed under this section,
445which is payable by the Department of Corrections for the
446duration of the offender's placement in the facility. This
447section does not limit the commission's ability to place a
448person in a local detention facility for less than 1 year.
449     (6)  Whenever a conditional release, control release,
450conditional medical release, or addiction-recovery supervision
451is revoked by a panel of no fewer than two commissioners and the
452releasee is ordered to be returned to prison, the releasee, by
453reason of the misconduct, shall be deemed to have forfeited all
454gain-time or commutation of time for good conduct, as provided
455for by law, earned up to the date of release. However, if a
456conditional medical release is revoked due to the improved
457medical or physical condition of the releasee, the releasee
458shall not forfeit gain-time accrued before the date of
459conditional medical release. This subsection does not deprive
460the prisoner of the right to gain-time or commutation of time
461for good conduct, as provided by law, from the date of return to
462prison.
463     (7)  If a law enforcement officer has probable cause to
464believe that an offender who is on release supervision under s.
465947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
466violated the terms and conditions of his or her release by
467committing a felony offense, the officer shall arrest the
468offender without a warrant, and a warrant need not be issued in
469the case.
470     (8)  When a law enforcement officer has reasonable grounds
471to believe that a releasee has violated the terms and conditions
472of her or his supervision in a material respect under the
473Elderly Rehabilitated Inmate Supervision Program, the law
474enforcement officer may arrest the releasee without warrant and
475bring her or him before one or more commissioners or a duly
476authorized representative of the commission. Proceedings shall
477take place when a warrant has been issued by a member of the
478commission or a duly authorized representative of the
479commission.
480     Section 5.  This act shall take effect July 1, 2011.


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