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 and thereby return 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. Before Prior to the
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 of This section does do not
53 prohibit the panel from entering such other order or conducting
54 any investigation that it deems proper. The commission may only
55 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.