Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 844 Barcode 902748 LEGISLATIVE ACTION Senate . House Comm: WD . 04/15/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget (Wise) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 22 and 23 4 insert: 5 Section 2. Subsections (4) and (5) of section 947.141, 6 Florida Statutes, are amended to read: 7 947.141 Violations of conditional release, control release, 8 or conditional medical release or addiction-recovery 9 supervision.— 10 (4) Within a reasonable time following the hearing, the 11 commissioner or the commissioner’s duly authorized 12 representative who conducted the hearing shall make findings of 13 fact in regard to the alleged violation. A panel of no fewer 14 than two commissioners shall enter an order determining whether 15 the charge of violation of conditional release, control release, 16 conditional medical release, or addiction-recovery supervision 17 has been sustained based upon the findings of fact presented by 18 the hearing commissioner or authorized representative. By such 19 order, the panel may revoke conditional release, control 20 release, conditional medical release, or addiction-recovery 21 supervision andtherebyreturn the releasee to prison to serve 22 the sentence imposed, reinstate the original order granting the 23 release, or enter such other order as it considers proper. 24 Effective for inmates whose offenses were committed on or after 25 July 1, 1995, the panel may order the placement of a releasee, 26 upon a finding of violation pursuant to this subsection, into a 27 state prison, as defined by s. 944.08, or a local detention 28 facility as a condition of supervision. 29 (5) Effective for inmates whose offenses were committed on 30 or after July 1, 1995, notwithstanding the provisions of ss. 31 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and 32 951.23, or any other law to the contrary, by such order as 33 provided in subsection (4), the panel, upon a finding of guilt, 34 may, as a condition of continued supervision, place the releasee 35 in a state prison or local detention facility for a period of 36 incarceration not to exceed 22 months. BeforePrior tothe 37 expiration of the term of incarceration, or upon recommendation 38 of the warden or chief correctional officer of that county, the 39 commission shall cause inquiry into the inmate’s release plan 40 and custody status in the state prison or detention facility and 41 consider whether to restore the inmate to supervision, modify 42 the conditions of supervision, or enter an order of revocation, 43 thereby causing the return of the inmate to prison to serve the 44 sentence imposed.The provisions ofThis section doesdonot 45 prohibit the panel from entering such other order or conducting 46 any investigation that it deems proper. The commission mayonly47 place a person in a local detention facility pursuant to this 48 section only if there is a contractual agreement between the 49 chief correctional officer of that county and the Department of 50 Corrections. The agreement must provide for a per diem 51 reimbursement for each person placed under this section, which 52 is payable by the Department of Corrections for the duration of 53 the offender’s placement in the facility. This section does not 54 limit the commission’s ability to place a person in a state 55 prison or local detention facility for less than 1 year. 56 57 ================= T I T L E A M E N D M E N T ================ 58 And the title is amended as follows: 59 Delete line 4 60 and insert: 61 Act”; amending s. 947.141, F.S.; authorizing the 62 Parole Commission to order that a releasee who has 63 violated the conditions of release or supervision be 64 placed into a state prison; providing guidelines and 65 time limits with respect to such placement; amending 66 s. 948.06, F.S.; authorizing a circuit