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 following: 1 Senate Amendment (with title amendment) 2 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: 25 947.148 Elderly 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. 109 110 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: 257 947.1481 Restorative 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
orconditional medical release, oraddiction-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, oraddiction-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, oraddiction-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, oraddiction-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, oraddiction-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. 417 418 ================= 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.