Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 144
                                Barcode 630324                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/14/2011           .                                

       The Committee on Criminal Justice (Evers) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Legislature recognizes the need to provide a
    6  means for the release of older inmates who have demonstrated
    7  that they have been rehabilitated while incarcerated. It is the
    8  intent of the Legislature to address this issue by establishing
    9  a conditional extension of the limits of confinement by
   10  providing a mechanism for determining eligibility for early
   11  release and supervising inmates who have been incarcerated for
   12  at least 25 consecutive years and are 60 years of age or older.
   13  It is the Legislature's intent that the provisions of this bill
   14  be applied to include inmates who have previously been sentences
   15  as well as those who will be sentenced in the future. The
   16  Legislature intends to provide for victim input and the
   17  enforcement of penalties for those who fail to comply with
   18  supervision while outside a prison facility. The Legislature
   19  also intends that a pilot program patterned after the program
   20  offered by Neighborhood Restorative Justice Centers be
   21  implemented and offered to inmates who are eligible for release
   22  under the Elderly Rehabilitated Inmate Supervision Program.
   23         Section 2. Section 947.148, Florida Statutes, is created to
   24  read:
   25         947.148Elderly Rehabilitated Inmate Supervision Program.
   26         (1) This section may be cited as the “Elderly Rehabilitated
   27  Inmate Supervision Program Act.”
   28         (2)As used in this section, the term “program” means the
   29  Elderly Rehabilitated Inmate Supervision Program unless the
   30  context indicates otherwise.
   31         (3)An inmate may petition the commission for supervised
   32  release under the program if the inmate:
   33         (a)Is 60 years of age or older;
   34         (b)Has been convicted of a felony and served at least 25
   35  consecutive years of incarceration;
   36         (c) Is not eligible for parole or conditional medical
   37  release;
   38         (d) Has not been sentenced for a capital felony;
   39         (e) Is not serving a minimum mandatory sentence; and
   40         (f)Has not received a disciplinary report within the
   41  previous 6 months.
   42         (4)Each petition filed on behalf of an inmate to
   43  participate in the program must contain:
   44         (a) A proposed release plan;
   45         (b)Documentation of the inmate’s relevant medical history,
   46  including current medical prognosis;
   47         (c)The inmate’s prison experience and criminal history.
   48  The criminal history must include any claim of innocence, the
   49  degree to which the inmate accepts responsibility for his or her
   50  acts leading to the conviction of the crime, and how the claim
   51  of responsibility has affected the inmate’s feelings of remorse;
   52         (d) Documentation of the inmate’s history of substance
   53  abuse and mental health;
   54         (e) Documentation of any disciplinary action taken against
   55  the inmate while in prison;
   56         (f) Documentation of the inmate’s participation in prison
   57  work and programs; and
   58         (g) Documentation of the inmate’s renunciation of gang
   59  affiliation.
   60         (5) An inmate may not file a new petition within one year
   61  of receiving notification of denial of his or her petition to
   62  participate in the program. Any petition that is filed prior to
   63  the one year period will be returned to the inmate with a
   64  notation indicating the date when a petition can be refiled.
   65         (6) All matters relating to the granting, denying, or
   66  revoking of an inmate’s supervised release in the program shall
   67  be decided in a meeting at which the public may be present. A
   68  victim of the crime committed by the inmate, a victim’s parent
   69  or guardian if the victim is a minor, a lawful representative of
   70  the victim or of the victim’s parent or guardian if the victim
   71  is a minor, or a homicide victim’s next of kin may make an oral
   72  statement or submit a written statement regarding his or her
   73  views as to the granting, denying, or revoking of supervision. A
   74  person who is not a member or employee of the commission, the
   75  victim of the crime committed by the inmate, the victim’s parent
   76  or guardian if the victim is a minor, a lawful representative of
   77  the victim or of the victim’s parent or guardian if the victim
   78  is a minor, or a homicide victim’s next of kin may participate
   79  in deliberations concerning the granting and revoking of an
   80  inmate’s supervised release in the program only upon the prior
   81  written approval of the chair of the commission. The commission
   82  shall notify the victim, the victim’s parent or guardian if the
   83  victim is a minor, a lawful representative of the victim or of
   84  the victim’s parent or guardian if the victim is a minor, or the
   85  victim’s next of kin if the victim is deceased no later than 30
   86  days after the petition is received by the commission, no later
   87  than 30 days before the commission’s meeting, and no later than
   88  30 days after the commission’s decision.
   89         (7)The commission may approve an inmate for participation
   90  in the program if the inmate demonstrates:
   91         (a)Successful participation in programs designed to
   92  restore the inmate as a useful and productive person in the
   93  community upon release;
   94         (b)Genuine reform and changed behavior over a period of
   95  years;
   96         (c)Remorse for actions that have caused pain and suffering
   97  to the victims of his or her offenses; and
   98         (d)A renunciation of criminal activity and gang
   99  affiliation if the inmate was a member of a gang.
  100         (8)In considering eligibility for participation in the
  101  program, the commission shall review the inmate’s:
  102         (a) Entire criminal history and record;
  103         (b) Complete medical history, including history of
  104  substance abuse, mental health, and current medical prognosis;
  105         (c) Prison disciplinary record;
  106         (d) Work record;
  107         (e) Program participation; and
  108         (f) Gang affiliation, if any.
  110  The commission shall consider the inmate’s responsibility for
  111  the acts leading to the conviction, including any prior and
  112  continued statements of innocence and the inmate’s feelings of
  113  remorse.
  114         (9)(a) An examiner shall interview the inmate within 90
  115  days after a petition is filed on behalf of the inmate. An
  116  interview may be postponed for a period not to exceed 90 days.
  117  Such postponement must be for good cause, which includes, but
  118  need not be limited to, the need for the commission to obtain a
  119  presentence or postsentence investigation report or a violation
  120  report. The reason for postponement shall be noted in writing
  121  and included in the official record. A postponement for good
  122  cause may not result in an interview being conducted later than
  123  90 days after the inmate’s initial scheduled interview.
  124         (b) During the interview, the examiner shall explain the
  125  program to the inmate and review the inmate’s institutional
  126  conduct record, criminal history, medical history, work records,
  127  program participation, gang affiliation, and satisfactory
  128  release plan for supervision under the program.
  129         (c) Within 10 days after the interview, the examiner shall
  130  recommend in writing to a panel of no fewer than two
  131  commissioners appointed by the chair a release date for the
  132  inmate. The commissioners are not bound by the examiner’s
  133  recommended release date.
  134         (10) An inmate may not be placed in the program merely as a
  135  reward for good conduct or efficient performance of duties
  136  assigned in prison. An inmate may not be placed in the program
  137  unless the commission finds that there is reasonable probability
  138  that, if the inmate is placed in the program, he or she will
  139  live and conduct himself or herself as a respectable and law
  140  abiding person and that the inmate’s release will be compatible
  141  with his or her own welfare and the welfare of society.
  142         (11) When the commission has accepted the petition,
  143  approved the proposed release plan, and determined that the
  144  inmate is eligible for the program, a panel of no fewer than two
  145  commissioners shall establish the terms and conditions of the
  146  supervision. When granting supervised release under the program,
  147  the commission shall require the inmate to participate in 10
  148  hours of community service for each year served in prison,
  149  require that the inmate be subject to electronic monitoring for
  150  at least 1 year, and require that reparation or restitution be
  151  paid to the victim for the damage or loss caused by the offense
  152  for which the inmate was imprisoned. The commission may elect
  153  not to impose any or all of the conditions if it finds reasons
  154  that it should not do so. If the commission does not order
  155  restitution or orders only partial restitution, the commission
  156  must state on the record the reasons for its decision. The
  157  amount of such reparation or restitution shall be determined by
  158  the commission.
  159         (12) The commission may impose any special conditions it
  160  considers warranted from its review of the release plan and
  161  inmate’s record, including, but not limited to, a requirement
  162  that the inmate:
  163         (a) Pay any debt due and owing to the state under s. 960.17
  164  or pay attorney’s fees and costs that are owed to the state
  165  under s. 938.29;
  166         (b) Not leave the state or any definite physical area
  167  within the state without the consent of the commission;
  168         (c) Not associate with persons engaged in criminal
  169  activity; and
  170         (d) Carry out the instructions of her or his supervising
  171  correctional probation officer.
  172         (13)(a) An inmate may request a review of the terms and
  173  conditions of his or her supervised release under the program. A
  174  panel of at least two commissioners appointed by the chair shall
  175  consider the inmate’s request, render a written decision and the
  176  reasons for the decision to continue or to modify the terms and
  177  conditions of the program supervision, and inform the inmate of
  178  the decision in writing within 30 days after the date of receipt
  179  of the request for review. During any period of review of the
  180  terms and conditions of supervision, the inmate shall be subject
  181  to the authorized terms and conditions of supervision until such
  182  time that a decision is made to continue or modify the terms and
  183  conditions of supervision.
  184         (b) The length of supervision shall be the remaining amount
  185  of time the inmate has yet to serve, including calculations for
  186  gain-time credit, as determined by the department.
  187         (c) An inmate’s participation in the program is voluntary,
  188  and the inmate must agree to abide by all conditions of release.
  189  The commission, upon authorizing a supervision release date,
  190  shall specify in writing the terms and conditions of the program
  191  supervision and provide a certified copy of these terms and
  192  conditions to the inmate.
  193         (14)(a) At the time of sentencing, the trial court judge
  194  may enter an order retaining jurisdiction over the offender for
  195  review of a release order by the commission under this section.
  196  This jurisdiction of the trial court judge is limited to the
  197  first one-third of the maximum sentence imposed. When a person
  198  is convicted of two or more felonies and concurrent sentences
  199  are imposed, the jurisdiction of the trial court applies to the
  200  first one-third of the maximum sentence imposed for the highest
  201  felony of which the person was convicted. When any person is
  202  convicted of two or more felonies and consecutive sentences are
  203  imposed, the jurisdiction of the trial court judge applies to
  204  one-third of the total consecutive sentences imposed.
  205         (b) In retaining jurisdiction for purposes of this
  206  subsection, the trial court must state the justification with
  207  individual particularity, and such justification shall be made a
  208  part of the court record. A copy of the justification and the
  209  uniform commitment form issued by the court pursuant to s.
  210  944.17 shall be delivered together to the department.
  211         (c) Gain-time as provided for by law shall accrue, except
  212  that an offender over whom the trial court has retained
  213  jurisdiction as provided in this subsection may not be released
  214  during the first one-third of her or his sentence by reason of
  215  gain-time.
  216         (d) In such a case of retained jurisdiction, the
  217  commission, within 30 days after the entry of its release order,
  218  shall send notice of its release order to the original
  219  sentencing judge and to the appropriate state attorney. The
  220  release order shall be made contingent upon entry of an order by
  221  the appropriate circuit judge relinquishing jurisdiction as
  222  provided for in paragraph (e). If the original sentencing judge
  223  is no longer in service, such notice shall be sent to the chief
  224  judge of the circuit in which the offender was sentenced. The
  225  chief judge may designate any circuit judge within the circuit
  226  to act in the place of the original sentencing judge.
  227         (e) The original sentencing judge or her or his replacement
  228  shall notify the commission within 10 days after receipt of the
  229  notice provided for in paragraph (d) as to whether the court
  230  desires to retain jurisdiction. If the original sentencing judge
  231  or her or his replacement does not so notify the commission
  232  within the 10-day period or notifies the commission that the
  233  court does not desire to retain jurisdiction, the commission may
  234  dispose of the matter as it sees fit.
  235         (f) Upon receipt of notice of intent to retain jurisdiction
  236  from the original sentencing judge or her or his replacement,
  237  the commission shall, within 10 days, forward to the court its
  238  release order, the examiner’s report and recommendation, and all
  239  supporting information upon which its release order was based.
  240         (g) Within 30 days after receipt of the items listed in
  241  paragraph (f), the original sentencing judge or her or his
  242  replacement shall review the order, findings, and evidence. If
  243  the judge finds that the order of the commission is not based on
  244  competent, substantial evidence or that participation in the
  245  program is not in the best interest of the community or the
  246  inmate, the court may vacate the release order. The judge or her
  247  or his replacement shall notify the commission of the decision
  248  of the court, and, if the release order is vacated, such
  249  notification must contain the evidence relied on and the reasons
  250  for denial. A copy of the notice shall be sent to the inmate.
  251         (15) A correctional probation officer as defined in s.
  252  943.10 shall supervise the inmate released under this program.
  253         (16) The department and commission shall adopt rules to
  254  administer this section.
  255         Section 3. Section 947.1481, Florida Statutes, is created
  256  to read:
  257         947.1481Restorative Justice Pilot Program.—
  258         (1)As used in this section, the term “pilot program” means
  259  the Restorative Justice Pilot Program.
  260         (2)The department shall develop the pilot program that is
  261  patterned after the program offered by the Neighborhood
  262  Restorative Justice Centers established under s. 985.155. The
  263  pilot program shall be implemented at one prison for women and
  264  at two prisons for men. The portion of the pilot program which
  265  include classes on the effect that crime has on victims shall be
  266  made available on a voluntary basis. Inmates who are eligible to
  267  participate in the Elderly Rehabilitated Inmate Supervision
  268  Program shall be given priority for participation in the pilot
  269  program.
  270         (3)The pilot program created under this section shall be
  271  developed after identifying a need in the community for the
  272  pilot program through consultation with representatives of the
  273  public, members of the judiciary, law enforcement agencies,
  274  state attorneys, and defense attorneys.
  275         (4)The department may provide departmental staff to
  276  conduct the pilot program or may contract with other public or
  277  private agencies for the delivery of services related to the
  278  pilot program.
  279         (5)The department shall adopt rules to administer this
  280  section.
  281         Section 4. Section 947.141, Florida Statutes, is amended to
  282  read:
  283         947.141 Violations of conditional release, control release,
  284  or conditional medical release, or addiction-recovery
  285  supervision, or elderly rehabilitated inmate supervision.—
  286         (1) If a member of the commission or a duly authorized
  287  representative of the commission has reasonable grounds to
  288  believe that an offender who is on release supervision under s.
  289  947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
  290  violated the terms and conditions of the release in a material
  291  respect, such member or representative may cause a warrant to be
  292  issued for the arrest of the releasee; if the offender was found
  293  to be a sexual predator, the warrant must be issued.
  294         (2) Upon the arrest on a felony charge of an offender who
  295  is on release supervision under s. 947.1405, s. 947.146, s.
  296  947.148, s. 947.149, or s. 944.4731, the offender must be
  297  detained without bond until the initial appearance of the
  298  offender at which a judicial determination of probable cause is
  299  made. If the trial court judge determines that there was no
  300  probable cause for the arrest, the offender may be released. If
  301  the trial court judge determines that there was probable cause
  302  for the arrest, such determination also constitutes reasonable
  303  grounds to believe that the offender violated the conditions of
  304  the release. Within 24 hours after the trial court judge’s
  305  finding of probable cause, the detention facility administrator
  306  or designee shall notify the commission and the department of
  307  the finding and transmit to each a facsimile copy of the
  308  probable cause affidavit or the sworn offense report upon which
  309  the trial court judge’s probable cause determination is based.
  310  The offender must continue to be detained without bond for a
  311  period not exceeding 72 hours excluding weekends and holidays
  312  after the date of the probable cause determination, pending a
  313  decision by the commission whether to issue a warrant charging
  314  the offender with violation of the conditions of release. Upon
  315  the issuance of the commission’s warrant, the offender must
  316  continue to be held in custody pending a revocation hearing held
  317  in accordance with this section.
  318         (3) Within 45 days after notice to the Parole Commission of
  319  the arrest of a releasee charged with a violation of the terms
  320  and conditions of conditional release, control release,
  321  conditional medical release, or addiction-recovery supervision,
  322  or elderly rehabilitated inmate supervision, the releasee must
  323  be afforded a hearing conducted by a commissioner or a duly
  324  authorized representative thereof. If the releasee elects to
  325  proceed with a hearing, the releasee must be informed orally and
  326  in writing of the following:
  327         (a) The alleged violation with which the releasee is
  328  charged.
  329         (b) The releasee’s right to be represented by counsel.
  330         (c) The releasee’s right to be heard in person.
  331         (d) The releasee’s right to secure, present, and compel the
  332  attendance of witnesses relevant to the proceeding.
  333         (e) The releasee’s right to produce documents on the
  334  releasee’s own behalf.
  335         (f) The releasee’s right of access to all evidence used
  336  against the releasee and to confront and cross-examine adverse
  337  witnesses.
  338         (g) The releasee’s right to waive the hearing.
  339         (4) Within a reasonable time following the hearing, the
  340  commissioner or the commissioner’s duly authorized
  341  representative who conducted the hearing shall make findings of
  342  fact in regard to the alleged violation. A panel of no fewer
  343  than two commissioners shall enter an order determining whether
  344  the charge of violation of conditional release, control release,
  345  conditional medical release, or addiction-recovery supervision,
  346  or elderly rehabilitated inmate supervision has been sustained
  347  based upon the findings of fact presented by the hearing
  348  commissioner or authorized representative. By such order, the
  349  panel may revoke conditional release, control release,
  350  conditional medical release, or addiction-recovery supervision,
  351  or elderly rehabilitated inmate supervision and thereby return
  352  the releasee to prison to serve the sentence imposed, reinstate
  353  the original order granting the release, or enter such other
  354  order as it considers proper. Effective for inmates whose
  355  offenses were committed on or after July 1, 1995, the panel may
  356  order the placement of a releasee, upon a finding of violation
  357  pursuant to this subsection, into a local detention facility as
  358  a condition of supervision.
  359         (5) Effective for inmates whose offenses were committed on
  360  or after July 1, 1995, notwithstanding the provisions of ss.
  361  775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
  362  951.23, or any other law to the contrary, by such order as
  363  provided in subsection (4), the panel, upon a finding of guilt,
  364  may, as a condition of continued supervision, place the releasee
  365  in a local detention facility for a period of incarceration not
  366  to exceed 22 months. Prior to the expiration of the term of
  367  incarceration, or upon recommendation of the chief correctional
  368  officer of that county, the commission shall cause inquiry into
  369  the inmate’s release plan and custody status in the detention
  370  facility and consider whether to restore the inmate to
  371  supervision, modify the conditions of supervision, or enter an
  372  order of revocation, thereby causing the return of the inmate to
  373  prison to serve the sentence imposed. The provisions of this
  374  section do not prohibit the panel from entering such other order
  375  or conducting any investigation that it deems proper. The
  376  commission may only place a person in a local detention facility
  377  pursuant to this section if there is a contractual agreement
  378  between the chief correctional officer of that county and the
  379  Department of Corrections. The agreement must provide for a per
  380  diem reimbursement for each person placed under this section,
  381  which is payable by the Department of Corrections for the
  382  duration of the offender’s placement in the facility. This
  383  section does not limit the commission’s ability to place a
  384  person in a local detention facility for less than 1 year.
  385         (6) Whenever a conditional release, control release,
  386  conditional medical release, or addiction-recovery supervision,
  387  or elderly rehabilitated inmate supervision is revoked by a
  388  panel of no fewer than two commissioners and the releasee is
  389  ordered to be returned to prison, the releasee, by reason of the
  390  misconduct, shall be deemed to have forfeited all gain-time or
  391  commutation of time for good conduct, as provided for by law,
  392  earned up to the date of release. However, if a conditional
  393  medical release is revoked due to the improved medical or
  394  physical condition of the releasee, the releasee shall not
  395  forfeit gain-time accrued before the date of conditional medical
  396  release. This subsection does not deprive the prisoner of the
  397  right to gain-time or commutation of time for good conduct, as
  398  provided by law, from the date of return to prison.
  399         (7) If a law enforcement officer has probable cause to
  400  believe that an offender who is on release supervision under s.
  401  947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
  402  violated the terms and conditions of his or her release by
  403  committing a felony offense, the officer shall arrest the
  404  offender without a warrant, and a warrant need not be issued in
  405  the case.
  406         (8) When a law enforcement officer or a correctional
  407  probation officer has reasonable grounds to believe that an
  408  offender who is supervised under the Elderly Rehabilitated
  409  Inmate Supervision Program has violated the terms and conditions
  410  of her or his supervision in a material respect, the officer may
  411  arrest the offender without warrant and bring her or him before
  412  one or more commissioners or a duly authorized representative of
  413  the commission. Proceedings shall take place when a warrant has
  414  been issued by a member of the commission or a duly authorized
  415  representative of the commission.
  416         Section 5. This act shall take effect July 1, 2011.
  418  ================= T I T L E  A M E N D M E N T ================
  419         And the title is amended as follows:
  420         Delete everything before the enacting clause
  421  and insert:
  422                        A bill to be entitled                      
  423         An act relating to elderly inmates; providing
  424         legislative intent; creating s. 947.148, F.S.;
  425         providing a short title; creating the Elderly
  426         Rehabilitated Inmate Supervision Program to authorize
  427         the Parole Commission to approve the early release of
  428         certain elderly inmates; providing eligibility
  429         requirements for an inmate to participate in the
  430         program; requiring that the petition to participate in
  431         the program include certain documents; authorizing
  432         members of the public to be present at meetings of the
  433         commission held to determine an inmate’s eligibility
  434         for the program; authorizing a victim to make an oral
  435         statement or provide a written statement regarding the
  436         granting, denying, or revoking of an inmate’s
  437         supervised release under the program; requiring that
  438         the commission notify the victim or the victim’s
  439         family within a specified period regarding the filing
  440         of a petition, the date of the commission’s meeting,
  441         and the commission’s decision; authorizing the
  442         commission to approve an inmate’s participation in the
  443         program under certain conditions; providing
  444         eligibility requirements that the commission must
  445         review; requiring an examiner to interview within a
  446         specified time an inmate who has filed a petition for
  447         supervised release under the program; authorizing the
  448         postponement of the interview; requiring the examiner
  449         to explain and review certain criteria during the
  450         interview; requiring that the examiner recommend a
  451         release date for the inmate; providing certain
  452         conditions under which an inmate may not be released;
  453         requiring a panel of commissioners to establish terms
  454         and conditions of the supervised release under certain
  455         circumstances; requiring that the inmate participate
  456         in community service, submit to electronic monitoring,
  457         and provide restitution to victims as a condition for
  458         participating in the program; authorizing the
  459         commission to impose special conditions of
  460         supervision; authorizing the inmate to request a
  461         review of the terms and conditions of his or her
  462         program supervision; requiring a panel of
  463         commissioners to render a decision within a specified
  464         period regarding a request to modify or continue the
  465         supervised release; providing that participation in
  466         the program is voluntary; requiring the commission to
  467         specify in writing the terms and conditions of
  468         supervision and provide a certified copy to the
  469         inmate; authorizing the trial court judge to enter an
  470         order to retain jurisdiction over the offender;
  471         providing a limitation of the trial court’s
  472         jurisdiction; providing for gain-time to accrue;
  473         providing procedures if the trial court retains
  474         jurisdiction of the inmate; requiring a correctional
  475         probation officer to supervise an inmate who is
  476         released under the program; authorizing the Department
  477         of Corrections to conduct the program using
  478         departmental employees or private agencies; requiring
  479         the department and commission to adopt rules; creating
  480         s. 947.1481, F.S.; creating the Restorative Justice
  481         Pilot Program; requiring the Department of Corrections
  482         to develop a pilot program patterned after the
  483         juvenile justice program offered by Neighborhood
  484         Restorative Justice Centers; requiring that inmates
  485         who are eligible to participate in the Elderly
  486         Rehabilitated Inmate Supervision Program be given
  487         priority for participating in the pilot program;
  488         providing that the pilot program be developed after
  489         consultation with specified persons; authorizing the
  490         department to conduct the pilot program using
  491         departmental employees or private agencies; requiring
  492         the department to adopt rules; amending s. 947.141,
  493         F.S.; conforming provisions to changes made by the
  494         act; authorizing a law enforcement officer or
  495         correctional probation officer to arrest an inmate
  496         under certain circumstances who has been released
  497         under the Elderly Rehabilitated Inmate Supervision
  498         Program; providing an effective date.