Florida Senate - 2011 SB 1560 By Senator Wise 5-01451-11 20111560__ 1 A bill to be entitled 2 An act relating to violations of conditional release, 3 control release, conditional medical release, or 4 addiction-recovery supervision; amending s. 947.141, 5 F.S.; authorizing the Parole Commission to order that 6 a releasee who has violated the conditions of release 7 or supervision be placed into a state prison; 8 providing guidelines and time limits with respect to 9 such placement; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsections (4) and (5) of section 947.141, 14 Florida Statutes, are amended to read: 15 947.141 Violations of conditional release, control release, 16 or conditional medical release or addiction-recovery 17 supervision.— 18 (4) Within a reasonable time following the hearing, the 19 commissioner or the commissioner’s duly authorized 20 representative who conducted the hearing shall make findings of 21 fact in regard to the alleged violation. A panel of no fewer 22 than two commissioners shall enter an order determining whether 23 the charge of violation of conditional release, control release, 24 conditional medical release, or addiction-recovery supervision 25 has been sustained based upon the findings of fact presented by 26 the hearing commissioner or authorized representative. By such 27 order, the panel may revoke conditional release, control 28 release, conditional medical release, or addiction-recovery 29 supervision andtherebyreturn the releasee to prison to serve 30 the sentence imposed, reinstate the original order granting the 31 release, or enter such other order as it considers proper. 32 Effective for inmates whose offenses were committed on or after 33 July 1, 1995, the panel may order the placement of a releasee, 34 upon a finding of violation pursuant to this subsection, into a 35 state prison, as defined by s. 944.08, or a local detention 36 facility as a condition of supervision. 37 (5) Effective for inmates whose offenses were committed on 38 or after July 1, 1995, notwithstanding the provisions of ss. 39 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and 40 951.23, or any other law to the contrary, by such order as 41 provided in subsection (4), the panel, upon a finding of guilt, 42 may, as a condition of continued supervision, place the releasee 43 in a state prison or local detention facility for a period of 44 incarceration not to exceed 22 months. BeforePrior tothe 45 expiration of the term of incarceration, or upon recommendation 46 of the warden or chief correctional officer of that county, the 47 commission shall cause inquiry into the inmate’s release plan 48 and custody status in the state prison or detention facility and 49 consider whether to restore the inmate to supervision, modify 50 the conditions of supervision, or enter an order of revocation, 51 thereby causing the return of the inmate to prison to serve the 52 sentence imposed.The provisions ofThis section doesdonot 53 prohibit the panel from entering such other order or conducting 54 any investigation that it deems proper. The commission mayonly55 place a person in a local detention facility pursuant to this 56 section only if there is a contractual agreement between the 57 chief correctional officer of that county and the Department of 58 Corrections. The agreement must provide for a per diem 59 reimbursement for each person placed under this section, which 60 is payable by the Department of Corrections for the duration of 61 the offender’s placement in the facility. This section does not 62 limit the commission’s ability to place a person in a state 63 prison or local detention facility for less than 1 year. 64 Section 2. This act shall take effect July 1, 2011.