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: 119 947.148 Supervised 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,orconditional 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.