Florida Senate - 2017                                     SB 606
       
       
        
       By Senator Clemens
       
       31-00393-17                                            2017606__
    1                        A bill to be entitled                      
    2         An act relating to aged prison inmates; amending s.
    3         921.002, F.S.; authorizing defendants 65 years of age
    4         or older who receive favorable determinations from the
    5         commission under discretionary and revocable release
    6         programs to serve less than 85 percentage of their
    7         sentences; authorizing the reduction in sentence up to
    8         a specified percentage based on such determination;
    9         amending s. 945.6034, F.S.; requiring the Department
   10         of Corrections to consider the needs of inmates older
   11         than 50 years of age and adopt health care standards
   12         for that population; creating s. 947.148, F.S.;
   13         requiring the Florida Commission on Offender Review,
   14         in conjunction with the department, to establish a
   15         supervised conditional elderly release program;
   16         providing criteria for program eligibility; requiring
   17         that the petition to participate in the program
   18         include certain documents; prohibiting inmates from
   19         filing new petitions under certain circumstances;
   20         requiring specified matters to be decided in meetings
   21         that are open to the public; authorizing certain
   22         persons to make a statement regarding an inmate’s
   23         supervised release under the program; requiring that
   24         the commission notify certain persons within a
   25         specified period regarding specified matters;
   26         authorizing the commission to approve an inmate’s
   27         participation in the program under certain
   28         circumstances; requiring the commission to review
   29         certain information in considering an inmate’s
   30         eligibility for the program; requiring an examiner to
   31         interview an inmate who has filed a petition for
   32         supervised release under the program within a
   33         specified time; requiring the examiner to explain the
   34         program and review certain criteria; requiring that
   35         the examiner deny the petition or recommend a release
   36         date for the inmate; prohibiting use of the program
   37         under certain circumstances; requiring a panel of
   38         commissioners to establish terms and conditions of the
   39         supervised release under certain circumstances;
   40         specifying required conditions for participating in
   41         the program; providing exceptions; authorizing the
   42         commission to impose special conditions of supervised
   43         release; authorizing the inmate to request a review of
   44         the terms and conditions of supervised release;
   45         specifying the length of the supervised release;
   46         providing that participation in the program is
   47         voluntary; requiring the commission to specify in
   48         writing the terms and conditions of release and
   49         provide a certified copy to the inmate; authorizing
   50         the trial court judge to enter an order to retain
   51         jurisdiction over the offender; providing a limitation
   52         of the trial court’s jurisdiction; providing for
   53         accrual of gain-time; providing procedures if the
   54         trial court retains jurisdiction of the inmate;
   55         requiring a correctional probation officer to
   56         supervise an inmate who is released under the program;
   57         requiring rulemaking; amending s. 947.141, F.S.;
   58         conforming provisions to changes made by the act;
   59         authorizing the arrest of a releasee under certain
   60         circumstances; requiring that the proceedings take
   61         place under certain circumstances; amending s.
   62         947.149, F.S.; defining the term “elderly and infirm
   63         inmate”; expanding eligibility for conditional medical
   64         release to include elderly and infirm inmates;
   65         reenacting ss. 947.1405(1) and 947.146(12) and (14),
   66         F.S., relating to a short title and the Control
   67         Release Authority, respectively, to incorporate the
   68         amendment made to s. 947.141, F.S., in references
   69         thereto; providing an effective date.
   70          
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Paragraph (e) of subsection (1) of section
   74  921.002, Florida Statutes, is amended to read:
   75         921.002 The Criminal Punishment Code.—The Criminal
   76  Punishment Code shall apply to all felony offenses, except
   77  capital felonies, committed on or after October 1, 1998.
   78         (1) The provision of criminal penalties and of limitations
   79  upon the application of such penalties is a matter of
   80  predominantly substantive law and, as such, is a matter properly
   81  addressed by the Legislature. The Legislature, in the exercise
   82  of its authority and responsibility to establish sentencing
   83  criteria, to provide for the imposition of criminal penalties,
   84  and to make the best use of state prisons so that violent
   85  criminal offenders are appropriately incarcerated, has
   86  determined that it is in the best interest of the state to
   87  develop, implement, and revise a sentencing policy. The Criminal
   88  Punishment Code embodies the principles that:
   89         (e) The sentence imposed by the sentencing judge reflects
   90  the length of actual time to be served, shortened only by the
   91  application of incentive and meritorious gain-time as provided
   92  by law, and may not be shortened if the defendant would
   93  consequently serve less than 85 percent of his or her term of
   94  imprisonment as provided in s. 944.275(4)(b)3.; however, a
   95  defendant who is 65 years of age or older may have his or her
   96  sentence reduced by up to 50 percent as a result of a favorable
   97  determination made by the Florida Commission on Offender Review
   98  under a discretionary and revocable release program provided in
   99  s. 947.148 or s. 947.149. The provisions of chapter 947,
  100  relating to parole, shall not apply to persons sentenced under
  101  the Criminal Punishment Code.
  102         Section 2. Subsection (1) of section 945.6034, Florida
  103  Statutes, is amended to read:
  104         945.6034 Minimum health care standards.—
  105         (1) The Assistant Secretary for Health Services is
  106  responsible for developing a comprehensive health care delivery
  107  system and promulgating all department health care standards.
  108  Such health care standards shall include, but are not limited
  109  to, rules relating to the management structure of the health
  110  care system and the provision of health care services to
  111  inmates, health care policies, health care plans, quality
  112  management systems and procedures, health service bulletins, and
  113  treatment protocols. In establishing standards of care, the
  114  department shall examine and consider the needs of inmates older
  115  than 50 years of age and adopt health care standards unique to
  116  this population.
  117         Section 3. Section 947.148, Florida Statutes, is created to
  118  read:
  119         947.148Supervised conditional elderly release.—
  120         (1)The commission shall, in conjunction with the
  121  department, establish a supervised conditional elderly release
  122  program.
  123         (2)An inmate is eligible for the commission’s
  124  consideration for release under the program when the inmate is
  125  determined by the department to meet all of the following
  126  criteria:
  127         (a)Is 65 years of age or older.
  128         (b)Has been convicted of a felony and has served at least
  129  50 percent of his or her sentence.
  130         (c)Is not eligible for parole or conditional medical
  131  release.
  132         (d)Has no more than two prior felony convictions, neither
  133  of which is:
  134         1.A capital offense;
  135         2.A violent felony of the first degree;
  136         3.A sexual offense; or
  137         4.An offense involving a child.
  138         (e)Is not currently sentenced for:
  139         1.A capital offense;
  140         2.A sexual offense; or
  141         3.An offense involving a child.
  142         (f)Has not received a disciplinary report within the
  143  previous 6 months.
  144         (3)A petition filed on behalf of an inmate to participate
  145  in the program must contain the inmate’s:
  146         (a)Proposed release plan.
  147         (b)Any relevant medical history, including current medical
  148  prognosis.
  149         (c)Prison experience and criminal history. The criminal
  150  history must include all of the following:
  151         1.A claim of innocence, if any.
  152         2.The degree to which the inmate accepts responsibility
  153  for his or her acts leading to the conviction of the crime.
  154         3.How any claim of responsibility has affected the
  155  inmate’s feelings of remorse.
  156         (d)Any history of substance abuse and mental health
  157  issues.
  158         (e)Any disciplinary action taken against the inmate while
  159  in prison.
  160         (f)Any participation in prison work and other prison
  161  programs.
  162         (g)Any renunciation of gang affiliation.
  163         (4)An inmate may not file a new petition within 1 year
  164  after receiving notification of denial of his or her petition to
  165  participate in the supervised conditional elderly release
  166  program. A petition that is filed before the 1-year period ends
  167  shall be returned to the inmate, along with a notation
  168  indicating the date that the petition may be refiled.
  169         (5)All matters relating to the granting, denying, or
  170  revoking of an inmate’s supervised conditional release shall be
  171  decided in a meeting that is open to the public. A victim of the
  172  crime committed by the inmate, the victim’s parent or guardian
  173  if the victim is a minor, or the lawful representative of the
  174  victim or of the victim’s parent or guardian if the victim is a
  175  minor may make an oral statement or submit a written statement
  176  regarding his or her views as to the granting, denying, or
  177  revoking of the inmate’s supervised conditional release. A
  178  person who is not a member or employee of the commission, the
  179  victim of the crime committed by the inmate, the victim’s parent
  180  or guardian if the victim is a minor, or the lawful
  181  representative of the victim or of the victim’s parent or
  182  guardian if the victim is a minor may participate in
  183  deliberations concerning the granting, denying, or revoking of
  184  an inmate’s supervised conditional release only upon the prior
  185  written approval of the chair of the commission. The commission
  186  shall notify a victim of the crime committed by the inmate, the
  187  victim’s parent or guardian if the victim is a minor, or the
  188  lawful representative of the victim or of the victim’s parent or
  189  guardian if the victim is a minor:
  190         (a) Of the inmate’s petition for supervised conditional
  191  release within 30 days after the petition is received by the
  192  commission;
  193         (b) Of the commission’s meeting within 30 days before the
  194  meeting; and
  195         (c) Of the commission’s decision within 30 days after the
  196  decision.
  197         (6)The commission may approve an inmate for participation
  198  in the supervised conditional elderly release program if the
  199  inmate demonstrates all of the following:
  200         (a)Successful participation in programs designed to
  201  restore the inmate as a useful and productive person in the
  202  community upon release.
  203         (b)Genuine reform and changed behavior over a period of
  204  years.
  205         (c)Remorse for actions that have caused pain and suffering
  206  to the victims of his or her offenses.
  207         (d)A renunciation of criminal activity and gang
  208  affiliation if the inmate was a member of a gang.
  209         (7)In considering an inmate’s eligibility for
  210  participation in the program, the commission shall review the
  211  inmate’s:
  212         (a)Entire criminal history and record;
  213         (b)Complete medical history, including history of
  214  substance abuse, mental health issues, and current medical
  215  prognosis;
  216         (c)Prison disciplinary record;
  217         (d)Work record;
  218         (e)Participation in prison programs; and
  219         (f)Gang affiliation, if any.
  220  
  221  The commission shall consider the inmate’s responsibility for
  222  the acts leading to the conviction, including prior and
  223  continued statements of innocence and the inmate’s feelings of
  224  remorse.
  225         (8)(a)An examiner shall interview an inmate within 90 days
  226  after a petition is filed on behalf of the inmate. An interview
  227  may be postponed for a period not to exceed 90 days. Such
  228  postponement must be for good cause, which includes, but is not
  229  limited to, the need for the commission to obtain a presentence
  230  or postsentence investigation report or a violation report. The
  231  reason for postponement shall be noted in writing and included
  232  in the official record. A postponement for good cause may not
  233  result in an interview being conducted later than 90 days after
  234  the inmate’s initial scheduled interview.
  235         (b)During the interview, the examiner shall explain the
  236  program to the inmate and review the inmate’s information
  237  described in subsection (7).
  238         (c)Within 10 days after the interview, the examiner shall
  239  deny the petition or recommend in writing to a panel of at least
  240  two commissioners appointed by the chair a release date for the
  241  inmate. The commissioners are not bound by the examiner’s
  242  recommended release date.
  243         (9)An inmate may not be placed in the program merely as a
  244  reward for good conduct or efficient performance of duties
  245  assigned in prison. An inmate may not be placed in the program
  246  unless the commission finds that there is reasonable probability
  247  that, if the inmate is placed in the program, he or she will
  248  live and conduct himself or herself as a respectable and law
  249  abiding person and that the inmate’s release will be compatible
  250  with his or her own welfare and the welfare of society.
  251         (10)If the commission accepts the petition, approves the
  252  proposed release plan, and determines that the inmate is
  253  eligible for the program, a panel of at least two commissioners
  254  shall establish the terms and conditions of the supervised
  255  release. When granting supervised release under the program, the
  256  commission shall require the inmate to participate in 10 hours
  257  of community service for each year served in prison, require the
  258  inmate to be subject to electronic monitoring for at least 1
  259  year, and require the inmate to pay reparation or restitution to
  260  the victim for the damage or loss caused by the offense for
  261  which the inmate was imprisoned. The commission may elect not to
  262  impose any or all of the conditions if it finds reason that it
  263  should not do so. If the commission does not order restitution
  264  or orders only partial restitution, the commission must state on
  265  the record the reasons for its decision. The amount of such
  266  reparation or restitution shall be determined by the commission.
  267         (11)The commission may impose special conditions it
  268  considers warranted from its review of the release plan and the
  269  inmate’s record, including, but not limited to, a requirement
  270  that an inmate:
  271         (a)Pay any debt due and owing to the state under s. 960.17
  272  or pay attorney fees and costs that are owed to the state under
  273  s. 938.29.
  274         (b)Not leave the state or a specified area within the
  275  state without the consent of the commission.
  276         (c)Not associate with persons engaged in criminal
  277  activity.
  278         (d)Carry out the instructions of his or her supervising
  279  correctional probation officer.
  280         (12)(a)An inmate may request a review of the terms and
  281  conditions of his or her release under the program. A panel of
  282  at least two commissioners appointed by the chair shall consider
  283  the inmate’s request, render a written decision and the reasons
  284  for the decision to continue or to modify the terms and
  285  conditions of the supervised release, and inform the inmate of
  286  the decision in writing within 30 days after the date of receipt
  287  of the request for review. During the period of review of the
  288  terms and conditions of the supervised release, the inmate is
  289  subject to the authorized terms and conditions of the supervised
  290  release until such time that a decision is made to continue or
  291  modify the terms and conditions of the supervised release.
  292         (b)The length of supervision shall be the remaining amount
  293  of time the inmate has yet to serve, including calculations for
  294  gain-time credit, as determined by the department.
  295         (c)An inmate’s participation in the program is voluntary,
  296  and the inmate must agree to abide by all terms and conditions
  297  of the supervised release. The commission, upon authorizing a
  298  supervised release date, shall specify in writing the terms and
  299  conditions of the program supervision and provide a certified
  300  copy of these terms and conditions to the inmate.
  301         (13)(a)At the time of sentencing, a trial court judge may
  302  enter an order retaining jurisdiction over an offender for
  303  review of a release order by the commission under this section.
  304  Such jurisdiction of the trial court judge is limited to the
  305  first one-third of the maximum sentence imposed. When an
  306  offender is convicted of two or more felonies and concurrent
  307  sentences are imposed, the jurisdiction of the trial court
  308  applies to the first one-third of the maximum sentence imposed
  309  for the most severe felony for which the offender was convicted.
  310  When an offender is convicted of two or more felonies and
  311  consecutive sentences are imposed, the jurisdiction of the trial
  312  court judge applies to the first one-third of the total
  313  consecutive sentences imposed.
  314         (b)In retaining jurisdiction for purposes of this
  315  subsection, a trial court must state the justification with
  316  individual particularity, and such justification shall be made a
  317  part of the court record. A copy of the justification and the
  318  uniform commitment form issued by the court pursuant to s.
  319  944.17 shall be delivered to the department.
  320         (c)Gain-time as provided for by law shall accrue, except
  321  that an offender over whom the trial court has retained
  322  jurisdiction as provided in this subsection may not be released
  323  during the first one-third of his or her sentence by reason of
  324  gain-time.
  325         (d)In such a case of retained jurisdiction, the
  326  commission, within 30 days after the entry of its release order,
  327  shall send notice of its release order to the original
  328  sentencing judge and to the appropriate state attorney. The
  329  release order is contingent upon entry of an order by the
  330  appropriate circuit judge relinquishing jurisdiction as provided
  331  for in paragraph (e). If the original sentencing judge is no
  332  longer serving, notice shall be sent to the chief judge of the
  333  circuit in which the offender was sentenced. The chief judge may
  334  designate a circuit judge within the circuit to act in the place
  335  of the original sentencing judge.
  336         (e)The original sentencing judge or his or her replacement
  337  shall notify the commission within 10 days after receipt of the
  338  notice required under paragraph (d) as to whether the court
  339  desires to retain jurisdiction. If the original sentencing judge
  340  or his or her replacement does not so notify the commission
  341  within the 10-day period or notifies the commission that the
  342  court does not desire to retain jurisdiction, the commission may
  343  dispose of the matter as it sees fit.
  344         (f)Upon receipt of notice of intent to retain jurisdiction
  345  from the original sentencing judge or his or her replacement,
  346  the commission shall, within 10 days, forward to the court its
  347  release order, the examiner’s report and recommendation, and all
  348  supporting information upon which its release order was based.
  349         (g)Within 30 days after receipt of the items listed in
  350  paragraph (f), the original sentencing judge or his or her
  351  replacement shall review the order, findings, and evidence. If
  352  the judge finds that the order of the commission is not based on
  353  competent, substantial evidence or that participation in the
  354  program is not in the best interest of the community or the
  355  inmate, the court may vacate the release order. The judge or his
  356  or her replacement shall notify the commission of the decision
  357  of the court, and, if the release order is vacated, such
  358  notification must contain the evidence relied on and the reasons
  359  for denial. A copy of the notice shall be sent to the inmate.
  360         (14)A correctional probation officer as defined in s.
  361  943.10 shall supervise the inmate released under this program.
  362         (15)The department and the commission shall adopt rules to
  363  administer this section.
  364         Section 4. Section 947.141, Florida Statutes, is amended,
  365  to read:
  366         947.141 Violations of conditional release, control release,
  367  supervised conditional elderly release, or conditional medical
  368  release, or addiction-recovery supervision.—
  369         (1) If a member of the commission or a duly authorized
  370  representative of the commission has reasonable grounds to
  371  believe that an offender who is on release supervision under s.
  372  947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
  373  violated the terms and conditions of the release in a material
  374  respect, such member or representative may cause a warrant to be
  375  issued for the arrest of the releasee; if the offender was found
  376  to be a sexual predator, the warrant must be issued.
  377         (2) Upon the arrest on a felony charge of an offender who
  378  is on release supervision under s. 947.1405, s. 947.146, s.
  379  947.148, s. 947.149, or s. 944.4731, the offender must be
  380  detained without bond until the initial appearance of the
  381  offender at which a judicial determination of probable cause is
  382  made. If the trial court judge determines that there was no
  383  probable cause for the arrest, the offender may be released. If
  384  the trial court judge determines that there was probable cause
  385  for the arrest, such determination also constitutes reasonable
  386  grounds to believe that the offender violated the conditions of
  387  the release. Within 24 hours after the trial court judge’s
  388  finding of probable cause, the detention facility administrator
  389  or designee shall notify the commission and the department of
  390  the finding and transmit to each a facsimile copy of the
  391  probable cause affidavit or the sworn offense report upon which
  392  the trial court judge’s probable cause determination is based.
  393  The offender must continue to be detained without bond for a
  394  period not exceeding 72 hours excluding weekends and holidays
  395  after the date of the probable cause determination, pending a
  396  decision by the commission whether to issue a warrant charging
  397  the offender with violation of the conditions of release. Upon
  398  the issuance of the commission’s warrant, the offender must
  399  continue to be held in custody pending a revocation hearing held
  400  in accordance with this section.
  401         (3) Within 45 days after notice to the Florida Commission
  402  on Offender Review of the arrest of a releasee charged with a
  403  violation of the terms and conditions of conditional release,
  404  control release, supervised conditional elderly release,
  405  conditional medical release, or addiction-recovery supervision,
  406  the releasee must be afforded a hearing conducted by a
  407  commissioner or a duly authorized representative thereof. If the
  408  releasee elects to proceed with a hearing, the releasee must be
  409  informed orally and in writing of the following:
  410         (a) The alleged violation with which the releasee is
  411  charged.
  412         (b) The releasee’s right to be represented by counsel.
  413         (c) The releasee’s right to be heard in person.
  414         (d) The releasee’s right to secure, present, and compel the
  415  attendance of witnesses relevant to the proceeding.
  416         (e) The releasee’s right to produce documents on the
  417  releasee’s own behalf.
  418         (f) The releasee’s right of access to all evidence used
  419  against the releasee and to confront and cross-examine adverse
  420  witnesses.
  421         (g) The releasee’s right to waive the hearing.
  422         (4) Within a reasonable time following the hearing, the
  423  commissioner or the commissioner’s duly authorized
  424  representative who conducted the hearing shall make findings of
  425  fact in regard to the alleged violation. A panel of no fewer
  426  than two commissioners shall enter an order determining whether
  427  the charge of violation of conditional release, control release,
  428  supervised conditional elderly release, conditional medical
  429  release, or addiction-recovery supervision has been sustained
  430  based upon the findings of fact presented by the hearing
  431  commissioner or authorized representative. By such order, the
  432  panel may revoke conditional release, control release,
  433  supervised conditional elderly release, conditional medical
  434  release, or addiction-recovery supervision and thereby return
  435  the releasee to prison to serve the sentence imposed, reinstate
  436  the original order granting the release, or enter such other
  437  order as it considers proper. Effective for inmates whose
  438  offenses were committed on or after July 1, 1995, the panel may
  439  order the placement of a releasee, upon a finding of violation
  440  pursuant to this subsection, into a local detention facility as
  441  a condition of supervision.
  442         (5) Effective for inmates whose offenses were committed on
  443  or after July 1, 1995, notwithstanding the provisions of ss.
  444  775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
  445  951.23, or any other law to the contrary, by such order as
  446  provided in subsection (4), the panel, upon a finding of guilt,
  447  may, as a condition of continued supervision, place the releasee
  448  in a local detention facility for a period of incarceration not
  449  to exceed 22 months. Prior to the expiration of the term of
  450  incarceration, or upon recommendation of the chief correctional
  451  officer of that county, the commission shall cause inquiry into
  452  the inmate’s release plan and custody status in the detention
  453  facility and consider whether to restore the inmate to
  454  supervision, modify the conditions of supervision, or enter an
  455  order of revocation, thereby causing the return of the inmate to
  456  prison to serve the sentence imposed. The provisions of this
  457  section do not prohibit the panel from entering such other order
  458  or conducting any investigation that it deems proper. The
  459  commission may only place a person in a local detention facility
  460  pursuant to this section if there is a contractual agreement
  461  between the chief correctional officer of that county and the
  462  Department of Corrections. The agreement must provide for a per
  463  diem reimbursement for each person placed under this section,
  464  which is payable by the Department of Corrections for the
  465  duration of the offender’s placement in the facility. This
  466  section does not limit the commission’s ability to place a
  467  person in a local detention facility for less than 1 year.
  468         (6) Whenever a conditional release, control release,
  469  supervised conditional elderly release, conditional medical
  470  release, or addiction-recovery supervision is revoked by a panel
  471  of no fewer than two commissioners and the releasee is ordered
  472  to be returned to prison, the releasee, by reason of the
  473  misconduct, shall be deemed to have forfeited all gain-time or
  474  commutation of time for good conduct, as provided for by law,
  475  earned up to the date of release. However, if a conditional
  476  medical release is revoked due to the improved medical or
  477  physical condition of the releasee, the releasee shall not
  478  forfeit gain-time accrued before the date of conditional medical
  479  release. This subsection does not deprive the prisoner of the
  480  right to gain-time or commutation of time for good conduct, as
  481  provided by law, from the date of return to prison.
  482         (7) If a law enforcement officer has probable cause to
  483  believe that an offender who is on release supervision under s.
  484  947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
  485  violated the terms and conditions of his or her release by
  486  committing a felony offense, the officer shall arrest the
  487  offender without a warrant, and a warrant need not be issued in
  488  the case.
  489         (8)If a law enforcement officer or a correctional
  490  probation officer has probable cause to believe that an offender
  491  who is supervised under the supervised conditional elderly
  492  release program has violated the terms and conditions of his or
  493  her supervision in a material respect, the officer may arrest
  494  the offender without warrant and bring him or her before one or
  495  more commissioners or a duly authorized representative of the
  496  commission. Proceedings must take place after a warrant has been
  497  issued by a member of the commission or a duly authorized
  498  representative of the commission.
  499         Section 5. Present paragraphs (a) and (b) of subsection (1)
  500  of section 947.149, Florida Statutes, are redesignated as
  501  paragraphs (b) and (c), respectively, a new paragraph (a) is
  502  added to that subsection, and subsection (5) of that section is
  503  republished, to read:
  504         947.149 Conditional medical release.—
  505         (1) The commission shall, in conjunction with the
  506  department, establish the conditional medical release program.
  507  An inmate is eligible for consideration for release under the
  508  conditional medical release program when the inmate, because of
  509  an existing medical or physical condition, is determined by the
  510  department to be within one of the following designations:
  511         (a)“Elderly and infirm inmate,” which means an inmate who
  512  has no current or prior conviction for a capital or first degree
  513  felony, who has no current or prior conviction for a sexual
  514  offense or an offense against a child, who is 65 years of age or
  515  older, and who has a condition caused by injury, disease, or
  516  illness which, to a reasonable degree of medical certainty,
  517  renders the inmate infirm or physically impaired to the extent
  518  that the inmate does not constitute a danger to himself or
  519  herself or others.
  520         (5)(a) If it is discovered during the conditional medical
  521  release that the medical or physical condition of the medical
  522  releasee has improved to the extent that she or he would no
  523  longer be eligible for conditional medical release under this
  524  section, the commission may order that the releasee be returned
  525  to the custody of the department for a conditional medical
  526  release revocation hearing, in accordance with s. 947.141. If
  527  conditional medical release is revoked due to improvement in the
  528  medical or physical condition of the releasee, she or he shall
  529  serve the balance of her or his sentence with credit for the
  530  time served on conditional medical release and without
  531  forfeiture of any gain-time accrued prior to conditional medical
  532  release. If the person whose conditional medical release is
  533  revoked due to an improvement in medical or physical condition
  534  would otherwise be eligible for parole or any other release
  535  program, the person may be considered for such release program
  536  pursuant to law.
  537         (b) In addition to revocation of conditional medical
  538  release pursuant to paragraph (a), conditional medical release
  539  may also be revoked for violation of any condition of the
  540  release established by the commission, in accordance with s.
  541  947.141, and the releasee’s gain-time may be forfeited pursuant
  542  to s. 944.28(1).
  543         Section 6. For the purpose of incorporating the amendment
  544  made by this act to section 947.141, Florida Statutes, in a
  545  reference thereto, subsection (1) of section 947.1405, Florida
  546  Statutes, is reenacted to read:
  547         947.1405 Conditional release program.—
  548         (1) This section and s. 947.141 may be cited as the
  549  “Conditional Release Program Act.”
  550         Section 7. For the purpose of incorporating the amendment
  551  made by this act to section 947.141, Florida Statutes, in
  552  references thereto, subsections (12) and (14) of section
  553  947.146, Florida Statutes, are reenacted to read:
  554         947.146 Control Release Authority.—
  555         (12) When the authority has reasonable grounds to believe
  556  that an offender released under this section has violated the
  557  terms and conditions of control release, such offender shall be
  558  subject to the provisions of s. 947.141 and shall be subject to
  559  forfeiture of gain-time pursuant to s. 944.28(1).
  560         (14) Effective July 1, 1996, all control release dates
  561  established prior to such date become void and no inmate shall
  562  be eligible for release under any previously established control
  563  release date. Offenders who are under control release
  564  supervision as of July 1, 1996, shall be subject to the
  565  conditions established by the authority until such offenders
  566  have been discharged from supervision. Offenders who have
  567  warrants outstanding based on violation of supervision as of
  568  July 1, 1996, or who violate the terms of their supervision
  569  subsequent to July 1, 1996, shall be subject to the provisions
  570  of s. 947.141.
  571         Section 8. This act shall take effect July 1, 2017.