HB 439

A bill to be entitled
2An act relating to elderly inmates; providing
3legislative intent; creating s. 947.148, F.S.;
4providing a short title; creating the Elderly
5Rehabilitated Inmate Supervision Program to authorize
6the Parole Commission to approve the early release of
7certain elderly inmates; providing eligibility
8requirements for an inmate to participate in the
9program; requiring that the petition to participate in
10the program include certain documents; authorizing
11members of the public to be present at meetings of the
12commission held to determine an inmate's eligibility
13for the program; authorizing a victim to make an oral
14statement or provide a written statement regarding the
15granting, denying, or revoking of an inmate's
16supervised release under the program; requiring that
17the commission notify the victim or the victim's
18family within a specified period regarding the filing
19of a petition, the date of the commission's meeting,
20and the commission's decision; authorizing the
21commission to approve an inmate's participation in the
22program under certain conditions; providing
23eligibility requirements that the commission must
24review; requiring an examiner to interview within a
25specified time an inmate who has filed a petition for
26supervised release under the program; authorizing the
27postponement of the interview; requiring the examiner
28to explain and review certain criteria during the
29interview; requiring that the examiner recommend a
30release date for the inmate; providing certain
31conditions under which an inmate may not be released;
32requiring a panel of commissioners to establish terms
33and conditions of the supervised release under certain
34circumstances; requiring that the inmate participate
35in community service, submit to electronic monitoring,
36and provide restitution to victims as a condition for
37participating in the program; authorizing the
38commission to impose special conditions of
39supervision; authorizing the inmate to request a
40review of the terms and conditions of his or her
41program supervision; requiring a panel of
42commissioners to render a decision within a specified
43period regarding a request to modify or continue the
44supervised release; providing that participation in
45the program is voluntary; requiring the commission to
46specify in writing the terms and conditions of
47supervision and provide a certified copy to the
48inmate; authorizing the trial court judge to enter an
49order to retain jurisdiction over the offender;
50providing a limitation of the trial court's
51jurisdiction; providing for gain-time to accrue;
52providing procedures if the trial court retains
53jurisdiction of the inmate; requiring a correctional
54probation officer to supervise an inmate who is
55released under the program; authorizing the Department
56of Corrections to conduct the program using
57departmental employees or private agencies; requiring
58the department and commission to adopt rules; creating
59the Restorative Justice Pilot Program; requiring the
60Department of Corrections to develop a pilot program
61patterned after the juvenile justice program offered
62by Neighborhood Restorative Justice Centers; requiring
63that inmates who are eligible to participate in the
64Elderly Rehabilitated Inmate Supervision Program be
65given priority for participating in the pilot program;
66providing that the pilot program be developed after
67consultation with specified persons; authorizing the
68department to conduct the pilot program using
69departmental employees or private agencies; requiring
70the department to adopt rules; amending s. 947.141,
71F.S.; conforming provisions to changes made by the
72act; authorizing a law enforcement officer or
73correctional probation officer to arrest an inmate
74under certain circumstances who has been released
75under the Elderly Rehabilitated Inmate Supervision
76Program; providing an effective date.
78Be It Enacted by the Legislature of the State of Florida:
80     Section 1.  The Legislature recognizes the need to provide
81a means for the release of older inmates who have demonstrated
82that they have been rehabilitated while incarcerated. It is the
83intent of the Legislature to address this issue by establishing
84a conditional extension of the limits of confinement by
85providing a mechanism for determining eligibility for early
86release and supervising inmates who have been incarcerated for
87at least 25 consecutive years and who are 60 years of age or
88older. It is the Legislature's intent that the provisions of
89this act be applied to include inmates who have previously been
90sentenced as well as those who will be sentenced in the future.
91The Legislature intends to provide for victim input and the
92enforcement of penalties for those who fail to comply with
93supervision while outside a prison facility. The Legislature
94also intends that a pilot program patterned after the program
95offered by Neighborhood Restorative Justice Centers be
96implemented and offered to inmates who are eligible for release
97under the Elderly Rehabilitated Inmate Supervision Program.
98     Section 2.  Section 947.148, Florida Statutes, is created
99to read:
100     947.148  Elderly Rehabilitated Inmate Supervision Program.-
101     (1)  This section may be cited as the "Elderly
102Rehabilitated Inmate Supervision Program Act."
103     (2)  As used in this section, the term "program" means the
104Elderly Rehabilitated Inmate Supervision Program.
105     (3)  An inmate may petition the commission for supervised
106release under the program if the inmate:
107     (a)  Is 60 years of age or older;
108     (b)  Has been convicted of a felony and has served at least
10925 consecutive years of incarceration;
110     (c)  Is not eligible for parole or conditional medical
112     (d)  Has not been sentenced for a capital felony;
113     (e)  Is not serving a minimum mandatory sentence; and
114     (f)  Has not received a disciplinary report within the
115previous 6 months.
116     (4)  Each petition filed on behalf of an inmate to
117participate in the program must contain:
118     (a)  A proposed release plan;
119     (b)  Documentation of the inmate's relevant medical
120history, including current medical prognosis;
121     (c)  The inmate's prison experience and criminal history.
122The criminal history must include any claim of innocence, the
123degree to which the inmate accepts responsibility for his or her
124acts leading to the conviction of the crime, and how the claim
125of responsibility has affected the inmate's feelings of remorse;
126     (d)  Documentation of the inmate's history of substance
127abuse and mental health;
128     (e)  Documentation of any disciplinary action taken against
129the inmate while in prison;
130     (f)  Documentation of the inmate's participation in prison
131work and other prison programs; and
132     (g)  Documentation of the inmate's renunciation of gang
134     (5)  An inmate may not file a new petition within 1 year
135after receiving notification of denial of his or her petition to
136participate in the program. Any petition that is filed before
137the 1-year period ends shall be returned to the inmate, along
138with a notation indicating the date that the petition may be
140     (6)  All matters relating to the granting, denying, or
141revoking of an inmate's supervised release in the program shall
142be decided in a meeting at which the public may be present. A
143victim of the crime committed by the inmate, a victim's parent
144or guardian if the victim was a minor, a lawful representative
145of the victim or of the victim's parent or guardian if the
146victim was a minor, or a homicide victim's next of kin may make
147an oral statement or submit a written statement regarding his or
148her views as to the granting, denying, or revoking of
149supervision. A person who is not a member or employee of the
150commission, the victim of the crime committed by the inmate, the
151victim's parent or guardian if the victim was a minor, a lawful
152representative of the victim or of the victim's parent or
153guardian if the victim was a minor, or a homicide victim's next
154of kin may participate in deliberations concerning the granting
155and revoking of an inmate's supervised release in the program
156only upon the prior written approval of the chair of the
157commission. The commission shall notify the victim, the victim's
158parent or guardian if the victim was a minor, a lawful
159representative of the victim or of the victim's parent or
160guardian if the victim was a minor, or the victim's next of kin
161if the victim is deceased no later than 30 days after the
162petition is received by the commission, no later than 30 days
163before the commission's meeting, and no later than 30 days after
164the commission's decision.
165     (7)  The commission may approve an inmate for participation
166in the program if the inmate demonstrates:
167     (a)  Successful participation in programs designed to
168restore the inmate as a useful and productive person in the
169community upon release;
170     (b)  Genuine reform and changed behavior over a period of
172     (c)  Remorse for actions that have caused pain and
173suffering to the victims of his or her offenses; and
174     (d)  A renunciation of criminal activity and gang
175affiliation if the inmate was a member of a gang.
176     (8)  In considering eligibility for participation in the
177program, the commission shall review the inmate's:
178     (a)  Entire criminal history and record;
179     (b)  Complete medical history, including history of
180substance abuse, mental health, and current medical prognosis;
181     (c)  Prison disciplinary record;
182     (d)  Work record;
183     (e)  Participation in prison programs; and
184     (f)  Gang affiliation, if any.
186The commission shall consider the inmate's responsibility for
187the acts leading to the conviction, including any prior and
188continued statements of innocence and the inmate's feelings of
190     (9)(a)  An examiner shall interview the inmate within 90
191days after a petition is filed on behalf of the inmate. An
192interview may be postponed for a period not to exceed 90 days.
193Such postponement must be for good cause, which includes, but
194need not be limited to, the need for the commission to obtain a
195presentence or postsentence investigation report or a violation
196report. The reason for postponement shall be noted in writing
197and included in the official record. A postponement for good
198cause may not result in an interview being conducted later than
19990 days after the inmate's initial scheduled interview.
200     (b)  During the interview, the examiner shall explain the
201program to the inmate and review the inmate's institutional
202conduct record, criminal history, medical history, work records,
203participation in prison programs, gang affiliation, and release
204plan for supervision under the program.
205     (c)  Within 10 days after the interview, the examiner shall
206recommend in writing to a panel of no fewer than two
207commissioners appointed by the chair a release date for the
208inmate. The commissioners are not bound by the examiner's
209recommended release date.
210     (10)  An inmate may not be placed in the program merely as
211a reward for good conduct or efficient performance of duties
212assigned in prison. An inmate may not be placed in the program
213unless the commission finds that there is reasonable probability
214that, if the inmate is placed in the program, he or she will
215live and conduct himself or herself as a respectable and law-
216abiding person and that the inmate's release will be compatible
217with his or her own welfare and the welfare of society.
218     (11)  When the commission has accepted the petition,
219approved the proposed release plan, and determined that the
220inmate is eligible for the program, a panel of no fewer than two
221commissioners shall establish the terms and conditions of the
222supervision. When granting supervised release under the program,
223the commission shall require the inmate to participate in 10
224hours of community service for each year served in prison,
225require that the inmate be subject to electronic monitoring for
226at least 1 year, and require that reparation or restitution be
227paid to the victim for the damage or loss caused by the offense
228for which the inmate was imprisoned. The commission may elect
229not to impose any or all of the conditions if it finds reasons
230that it should not do so. If the commission does not order
231restitution or orders only partial restitution, the commission
232must state on the record the reasons for its decision. The
233amount of such reparation or restitution shall be determined by
234the commission.
235     (12)  The commission may impose any special conditions it
236considers warranted from its review of the release plan and
237inmate's record, including, but not limited to, a requirement
238that the inmate:
239     (a)  Pay any debt due and owing to the state under s.
240960.17 or pay attorney fees and costs that are owed to the state
241under s. 938.29;
242     (b)  Not leave the state or a specified physical area
243within the state without the consent of the commission;
244     (c)  Not associate with persons engaged in criminal
245activity; and
246     (d)  Carry out the instructions of her or his supervising
247correctional probation officer.
248     (13)(a)  An inmate may request a review of the terms and
249conditions of his or her supervised release under the program. A
250panel of at least two commissioners appointed by the chair shall
251consider the inmate's request, render a written decision and the
252reasons for the decision to continue or to modify the terms and
253conditions of the program supervision, and inform the inmate of
254the decision in writing within 30 days after the date of receipt
255of the request for review. During any period of review of the
256terms and conditions of supervision, the inmate shall be subject
257to the authorized terms and conditions of supervision until such
258time that a decision is made to continue or modify the terms and
259conditions of supervision.
260     (b)  The length of supervision shall be the remaining
261amount of time the inmate has yet to serve, including
262calculations for gain-time credit, as determined by the
264     (c)  An inmate's participation in the program is voluntary,
265and the inmate must agree to abide by all conditions of release.
266The commission, upon authorizing a supervision release date,
267shall specify in writing the terms and conditions of the program
268supervision and provide a certified copy of these terms and
269conditions to the inmate.
270     (14)(a)  At the time of sentencing, the trial court judge
271may enter an order retaining jurisdiction over the offender for
272review of a release order by the commission under this section.
273This jurisdiction of the trial court judge is limited to the
274first one-third of the maximum sentence imposed. When a person
275is convicted of two or more felonies and concurrent sentences
276are imposed, the jurisdiction of the trial court applies to the
277first one-third of the maximum sentence imposed for the most
278severe felony for which the person was convicted. When any
279person is convicted of two or more felonies and consecutive
280sentences are imposed, the jurisdiction of the trial court judge
281applies to one-third of the total consecutive sentences imposed.
282     (b)  In retaining jurisdiction for purposes of this
283subsection, the trial court must state the justification with
284individual particularity, and such justification shall be made a
285part of the court record. A copy of the justification and the
286uniform commitment form issued by the court pursuant to s.
287944.17 shall be delivered to the department.
288     (c)  Gain-time as provided for by law shall accrue, except
289that an offender over whom the trial court has retained
290jurisdiction as provided in this subsection may not be released
291during the first one-third of her or his sentence by reason of
293     (d)  In such a case of retained jurisdiction, the
294commission, within 30 days after the entry of its release order,
295shall send notice of its release order to the original
296sentencing judge and to the appropriate state attorney. The
297release order shall be made contingent upon entry of an order by
298the appropriate circuit judge relinquishing jurisdiction as
299provided for in paragraph (e). If the original sentencing judge
300is no longer serving, notice shall be sent to the chief judge of
301the circuit in which the offender was sentenced. The chief judge
302may designate any circuit judge within the circuit to act in the
303place of the original sentencing judge.
304     (e)  The original sentencing judge or her or his
305replacement shall notify the commission within 10 days after
306receipt of the notice provided for in paragraph (d) as to
307whether the court desires to retain jurisdiction. If the
308original sentencing judge or her or his replacement does not so
309notify the commission within the 10-day period or notifies the
310commission that the court does not desire to retain
311jurisdiction, the commission may dispose of the matter as it
312sees fit.
313     (f)  Upon receipt of notice of intent to retain
314jurisdiction from the original sentencing judge or her or his
315replacement, the commission shall, within 10 days, forward to
316the court its release order, the examiner's report and
317recommendation, and all supporting information upon which its
318release order was based.
319     (g)  Within 30 days after receipt of the items listed in
320paragraph (f), the original sentencing judge or her or his
321replacement shall review the order, findings, and evidence. If
322the judge finds that the order of the commission is not based on
323competent, substantial evidence or that participation in the
324program is not in the best interest of the community or the
325inmate, the court may vacate the release order. The judge or her
326or his replacement shall notify the commission of the decision
327of the court, and, if the release order is vacated, such
328notification must contain the evidence relied on and the reasons
329for denial. A copy of the notice shall be sent to the inmate.
330     (15)  A correctional probation officer as defined in s.
331943.10 shall supervise the inmate released under this program.
332     (16)  The department and commission shall adopt rules to
333administer this section.
334     Section 3.  Restorative Justice Pilot Program.-
335     (1)  As used in this section, the term "pilot program"
336means the Restorative Justice Pilot Program.
337     (2)  The department shall develop the pilot program that is
338patterned after the program offered by the Neighborhood
339Restorative Justice Centers established under s. 985.155,
340Florida Statutes. The pilot program shall be implemented at one
341prison for women and at two prisons for men. The portion of the
342pilot program which includes classes on the effect that crime
343has on victims shall be voluntary. Inmates who are eligible to
344participate in the Elderly Rehabilitated Inmate Supervision
345Program shall be given priority for participation in the pilot
347     (3)  The pilot program created under this section shall be
348developed after identifying a need in the community for the
349pilot program through consultation with representatives of the
350public, members of the judiciary, law enforcement agencies,
351state attorneys, and defense attorneys.
352     (4)  The department may provide departmental staff to
353conduct the pilot program or may contract with other public or
354private agencies for the delivery of services related to the
355pilot program.
356     (5)  The department shall adopt rules to administer this
358     Section 4.  Section 947.141, Florida Statutes, is amended
359to read:
360     947.141  Violations of conditional release, control
361release, or conditional medical release, or addiction-recovery
362supervision, or elderly rehabilitated inmate supervision.-
363     (1)  If a member of the commission or a duly authorized
364representative of the commission has reasonable grounds to
365believe that an offender who is on release supervision under s.
366947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
367violated the terms and conditions of the release in a material
368respect, such member or representative may cause a warrant to be
369issued for the arrest of the releasee; if the offender was found
370to be a sexual predator, the warrant must be issued.
371     (2)  Upon the arrest on a felony charge of an offender who
372is on release supervision under s. 947.1405, s. 947.146, s.
373947.148, s. 947.149, or s. 944.4731, the offender must be
374detained without bond until the initial appearance of the
375offender at which a judicial determination of probable cause is
376made. If the trial court judge determines that there was no
377probable cause for the arrest, the offender may be released. If
378the trial court judge determines that there was probable cause
379for the arrest, such determination also constitutes reasonable
380grounds to believe that the offender violated the conditions of
381the release. Within 24 hours after the trial court judge's
382finding of probable cause, the detention facility administrator
383or designee shall notify the commission and the department of
384the finding and transmit to each a facsimile copy of the
385probable cause affidavit or the sworn offense report upon which
386the trial court judge's probable cause determination is based.
387The offender must continue to be detained without bond for a
388period not exceeding 72 hours excluding weekends and holidays
389after the date of the probable cause determination, pending a
390decision by the commission whether to issue a warrant charging
391the offender with violation of the conditions of release. Upon
392the issuance of the commission's warrant, the offender must
393continue to be held in custody pending a revocation hearing held
394in accordance with this section.
395     (3)  Within 45 days after notice to the Parole Commission
396of the arrest of a releasee charged with a violation of the
397terms and conditions of conditional release, control release,
398conditional medical release, or addiction-recovery supervision,
399or elderly rehabilitated inmate supervision, the releasee must
400be afforded a hearing conducted by a commissioner or a duly
401authorized representative thereof. If the releasee elects to
402proceed with a hearing, the releasee must be informed orally and
403in writing of the following:
404     (a)  The alleged violation with which the releasee is
406     (b)  The releasee's right to be represented by counsel.
407     (c)  The releasee's right to be heard in person.
408     (d)  The releasee's right to secure, present, and compel
409the attendance of witnesses relevant to the proceeding.
410     (e)  The releasee's right to produce documents on the
411releasee's own behalf.
412     (f)  The releasee's right of access to all evidence used
413against the releasee and to confront and cross-examine adverse
415     (g)  The releasee's right to waive the hearing.
416     (4)  Within a reasonable time following the hearing, the
417commissioner or the commissioner's duly authorized
418representative who conducted the hearing shall make findings of
419fact in regard to the alleged violation. A panel of no fewer
420than two commissioners shall enter an order determining whether
421the charge of violation of conditional release, control release,
422conditional medical release, or addiction-recovery supervision,
423or elderly rehabilitated inmate supervision has been sustained
424based upon the findings of fact presented by the hearing
425commissioner or authorized representative. By such order, the
426panel may revoke conditional release, control release,
427conditional medical release, or addiction-recovery supervision,
428or elderly rehabilitated inmate supervision and thereby return
429the releasee to prison to serve the sentence imposed, reinstate
430the original order granting the release, or enter such other
431order as it considers proper. Effective for inmates whose
432offenses were committed on or after July 1, 1995, the panel may
433order the placement of a releasee, upon a finding of violation
434pursuant to this subsection, into a local detention facility as
435a condition of supervision.
436     (5)  Effective for inmates whose offenses were committed on
437or after July 1, 1995, notwithstanding the provisions of ss.
438775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
439951.23, or any other law to the contrary, by such order as
440provided in subsection (4), the panel, upon a finding of guilt,
441may, as a condition of continued supervision, place the releasee
442in a local detention facility for a period of incarceration not
443to exceed 22 months. Prior to the expiration of the term of
444incarceration, or upon recommendation of the chief correctional
445officer of that county, the commission shall cause inquiry into
446the inmate's release plan and custody status in the detention
447facility and consider whether to restore the inmate to
448supervision, modify the conditions of supervision, or enter an
449order of revocation, thereby causing the return of the inmate to
450prison to serve the sentence imposed. The provisions of this
451section do not prohibit the panel from entering such other order
452or conducting any investigation that it deems proper. The
453commission may only place a person in a local detention facility
454pursuant to this section if there is a contractual agreement
455between the chief correctional officer of that county and the
456Department of Corrections. The agreement must provide for a per
457diem reimbursement for each person placed under this section,
458which is payable by the Department of Corrections for the
459duration of the offender's placement in the facility. This
460section does not limit the commission's ability to place a
461person in a local detention facility for less than 1 year.
462     (6)  Whenever a conditional release, control release,
463conditional medical release, or addiction-recovery supervision,
464or elderly rehabilitated inmate supervision is revoked by a
465panel of no fewer than two commissioners and the releasee is
466ordered to be returned to prison, the releasee, by reason of the
467misconduct, shall be deemed to have forfeited all gain-time or
468commutation of time for good conduct, as provided for by law,
469earned up to the date of release. However, if a conditional
470medical release is revoked due to the improved medical or
471physical condition of the releasee, the releasee shall not
472forfeit gain-time accrued before the date of conditional medical
473release. This subsection does not deprive the prisoner of the
474right to gain-time or commutation of time for good conduct, as
475provided by law, from the date of return to prison.
476     (7)  If a law enforcement officer has probable cause to
477believe that an offender who is on release supervision under s.
478947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
479violated the terms and conditions of his or her release by
480committing a felony offense, the officer shall arrest the
481offender without a warrant, and a warrant need not be issued in
482the case.
483     (8)  When a law enforcement officer or a correctional
484probation officer has reasonable grounds to believe that an
485offender who is supervised under the Elderly Rehabilitated
486Inmate Supervision Program has violated the terms and conditions
487of her or his supervision in a material respect, the officer may
488arrest the offender without warrant and bring her or him before
489one or more commissioners or a duly authorized representative of
490the commission. Proceedings shall take place when a warrant has
491been issued by a member of the commission or a duly authorized
492representative of the commission.
493     Section 5.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.