Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 556 Ì544822$Î544822 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/29/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Criminal and Civil Justice (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 76 - 311 4 and insert: 5 (1) FINDINGS.—The Legislature finds that the number of 6 inmates with terminal medical conditions or who are suffering 7 from severe debilitating or incapacitating medical conditions 8 who are incarcerated in the state's prisons has grown 9 significantly in recent years. Further, the Legislature finds 10 that the condition of inmates who are terminally ill, or 11 suffering from a debilitating or incapacitating conditions may 12 be exacerbated by imprisonment due to the stress linked to 13 prison life. The Legislature also finds that recidivism rates 14 are greatly reduced with inmates suffering from such medical 15 conditions who are released into the community. Therefore, the 16 Legislature finds that it is of great public importance to find 17 a compassionate solution to the challenges presented by the 18 imprisonment of inmates who are terminally ill or are suffering 19 from a debilitating or incapacitating condition while also 20 ensuring that the public safety of Florida's communities remains 21 protected. 22 (2) CREATION.—There is established a conditional medical 23 release program within the department for the purpose of 24 determining whether release is appropriate for eligible inmates, 25 supervising the released inmates, and conducting revocation 26 hearings as provided for in this section. The establishment of 27 the conditional medical release program must include a panel of 28 at least three people appointed by the secretary or his or her 29 designee for the purpose of determining the appropriateness of 30 conditional medical release and conducting revocation hearings 31 on the inmate releases. 32 (3) DEFINITIONS.—As used in this section, the term: 33 (a) “Inmate with a debilitating illness” means an inmate 34 who is determined to be suffering from a significant terminal or 35 nonterminal condition, disease, or syndrome that has rendered 36 the inmate so physically or cognitively impaired, debilitated, 37 or incapacitated as to create a reasonable probability that the 38 inmate does not constitute a danger to himself or herself to 39 others. 40 (b) “Permanently incapacitated inmate” means an inmate who 41 has a condition caused by injury, disease, or illness which, to 42 a reasonable degree of medical certainty, renders the inmate 43 permanently and irreversibly physically incapacitated to the 44 extent that the inmate does not constitute a danger to himself 45 or herself or to others. 46 (c) “Terminally ill inmate” means an inmate who has a 47 condition caused by injury, disease, or illness that, to a 48 reasonable degree of medical certainty, renders the inmate 49 terminally ill to the extent that there can be no recovery, 50 death is expected within 12 months, and the inmate does not 51 constitute a danger to himself or herself or to others. 52 (4) ELIGIBILITY.—An inmate is eligible for consideration 53 for release under the conditional medical release program when 54 the inmate, because of an existing medical or physical 55 condition, is determined by the department to be an inmate with 56 a debilitating illness, a permanently incapacitated inmate, or a 57 terminally ill inmate. Notwithstanding any other provision of 58 law, an inmate who meets the above criteria may be released from 59 the custody of the department pursuant to this section prior to 60 satisfying 85 percent of his or her term of imprisonment. 61 (5) REFERRAL FOR CONSIDERATION.— 62 (a)1. Notwithstanding any provision to the contrary, any 63 inmate in the custody of the department who meets one or more of 64 the eligibility requirements under subsection (4) must be 65 considered for conditional medical release. 66 2. The authority to grant conditional medical release rests 67 solely with the department. An inmate does not have a right to 68 release or to a medical evaluation to determine eligibility for 69 release pursuant to this section. 70 (b) The department must identify inmates who may be 71 eligible for conditional medical release based upon available 72 medical information. In considering an inmate for conditional 73 medical release, the department may require additional medical 74 evidence, including examinations of the inmate, or any other 75 additional investigations the department deems necessary for 76 determining the appropriateness of the eligible inmate’s 77 release. 78 (c) The department must refer an inmate to the panel 79 established under subsection (2) for review and determination of 80 conditional medical release upon his or her identification as 81 potentially eligible for release pursuant to this section. 82 (d) If the case that resulted in the inmate’s commitment to 83 the department involved a victim, and the victim specifically 84 requested notification pursuant to s. 16, Art. I of the State 85 Constitution, the department must notify the victim of the 86 inmate’s referral to the panel immediately upon identification 87 of the inmate as potentially eligible for release under this 88 section. Additionally, the victim must be afforded the right to 89 be heard regarding the release of the inmate. 90 (6) DETERMINATION OF RELEASE.— 91 (a) Within 45 days after receiving the referral, the panel 92 established in subsection (2) must conduct a hearing to 93 determine whether conditional medical release is appropriate for 94 the inmate. Before the hearing, the director of inmate health 95 services or his or her designee must review any relevant 96 information, including, but not limited to, medical evidence, 97 and provide the panel with a recommendation regarding the 98 appropriateness of releasing the inmate pursuant to this 99 section. 100 (b) A majority of the panel members must agree that the 101 inmate is appropriate for release pursuant to this section. If 102 conditional medical release is approved, the inmate must be 103 released by the department to the community within a reasonable 104 amount of time with necessary release conditions imposed 105 pursuant to subsection (7). An inmate who is granted conditional 106 medical release is considered a medical releasee upon release to 107 the community. 108 (c)1. An inmate who is denied conditional medical release 109 by the panel may have the decision reviewed by the department’s 110 general counsel and chief medical officer, who must make a 111 recommendation to the secretary. The secretary must review all 112 relevant information and make a final decision about the 113 appropriateness of conditional medical release pursuant to this 114 section. The decision of the secretary is a final administrative 115 decision not subject to appeal. 116 2. An inmate that requests to have the decision reviewed in 117 accordance with this paragraph must do so in a manner prescribed 118 in rule. An inmate who is denied conditional medical release may 119 be subsequently reconsidered for such release in a manner 120 prescribed by department rule. 121 (7) RELEASE CONDITIONS.— 122 (a) An inmate granted release pursuant to this section is 123 released for a period equal to the length of time remaining on 124 his or her term of imprisonment on the date the release is 125 granted. Such inmate is considered a medical releasee upon 126 release from the department into the community. The medical 127 releasee must comply with all reasonable conditions of release 128 the department imposes, which must include, at a minimum: 129 1. Periodic medical evaluations at intervals determined by 130 the department at the time of release. 131 2. Supervision by an officer trained to handle special 132 offender caseloads. 133 3. Active electronic monitoring, if such monitoring is 134 determined to be necessary to ensure the safety of the public 135 and the medical releasee’s compliance with release conditions. 136 4. Any conditions of community control provided for in s. 137 948.101. 138 5. Any other conditions the department deems appropriate to 139 ensure the safety of the community and compliance by the medical 140 releasee. 141 (b) A medical releasee is considered to be in the custody, 142 supervision, and control of the department, which, for purposes 143 of this section does not create a duty for the department to 144 provide the medical releasee with medical care upon release into 145 the community. The medical releasee remains eligible to earn or 146 lose gain-time in accordance with s. 944.275 and department 147 rule. The medical releasee may not be counted in the prison 148 system population, and the medical releasee’s approved 149 community-based housing location may not be counted in the 150 capacity figures for the prison system. 151 (8) REVOCATION HEARING AND RECOMMITMENT.— 152 (a)1. If the medical releasee’s supervision officer or a 153 duly authorized representative of the department discovers that 154 the medical or physical condition of the medical releasee has 155 improved to the extent that she or he would no longer be 156 eligible for release under this section, then the conditional 157 medical release may be revoked. The department may order, as 158 prescribed by department rule, that the medical releasee be 159 returned to the custody of the department for a conditional 160 medical release revocation hearing or may allow the medical 161 releasee to remain in the community pending the revocation 162 hearing. If the department elects to order the medical releasee 163 to be returned to custody pending the revocation hearing, the 164 officer or duly authorized representative may cause a warrant to 165 be issued for the arrest of the medical releasee. 166 2. A medical releasee may admit to the allegation of 167 improved medical or physical condition or may elect to proceed 168 to a revocation hearing. The revocation hearing must be 169 conducted by the panel established in subsection (2). Before a 170 revocation hearing pursuant to this paragraph, the director of 171 inmate health services or his or her designee must review any 172 medical evidence pertaining to the medical releasee and provide 173 the panel with a recommendation regarding the medical releasee’s 174 improvement and current medical or physical condition. 175 3. A majority of the panel members must agree that 176 revocation is appropriate for the medical releasee’s conditional 177 medical release to be revoked. If conditional medical release is 178 revoked due to improvement in his or her medical or physical 179 condition, the medical releasee must be recommitted to the 180 department to serve the balance of his or her sentence in an 181 institution designated by the department with credit for the 182 time served on conditional medical release and without 183 forfeiture of any gain-time accrued before recommitment. If the 184 medical releasee whose conditional medical release is revoked 185 due to an improvement in her or his medical or physical 186 condition would otherwise be eligible for parole or any other 187 release program, he or she may be considered for such release 188 program pursuant to law. 189 4. A medical releasee whose conditional medical release is 190 revoked pursuant to this paragraph may have the decision 191 reviewed by the department’s general counsel and chief medical 192 officer, who must make a recommendation to the secretary. The 193 secretary must review all relevant information and make a final 194 decision about the appropriateness of the revocation of 195 conditional medical release pursuant to this paragraph. The 196 decision of the secretary is a final administrative decision not 197 subject to appeal. 198 (b)1. The medical releasee’s conditional medical release 199 may also be revoked for violation of any release conditions the 200 department establishes, including, but not limited to, a new 201 violation of law. The department may terminate the medical 202 releasee's conditional medical release and return him or her to 203 the same or another institution designated by the department. 204 2. If a duly authorized representative of the department 205 has reasonable grounds to believe that a medical releasee has 206 violated the conditions of his or her release in a material 207 respect, such representative may cause a warrant to be issued 208 for the arrest of the medical releasee. A law enforcement 209 officer or a probation officer may arrest the medical releasee 210 without a warrant in accordance with s. 948.06, if there are 211 reasonable grounds to believe he or she has violated the terms 212 and conditions of his or her conditional medical release. The 213 law enforcement officer must report the medical releasee's 214 alleged violations to the supervising probation office or the 215 department’s emergency action center for initiation of 216 revocation proceedings as prescribed by the department by rule. 217 3. If the basis of the violation of release conditions is 218 related to a new violation of law, the medical releasee must be 219 detained without bond until his or her initial appearance at 220 which a judicial determination of probable cause is made. If the 221 judge determines that there was no probable cause for the 222 arrest, the medical releasee may be released. If the judge 223 determines that there was probable cause for the arrest, the 224 judge’s determination also constitutes reasonable grounds to 225 believe that the medical releasee violated the conditions of the 226 conditional medical release. 227 4. The department must order that the medical releasee 228 subject to revocation under this paragraph be returned to 229 department custody for a conditional medical release revocation 230 hearing. A medical releasee may admit to the alleged violation 231 of the conditions of conditional medical release or may elect to 232 proceed to a revocation hearing. 233 5. A majority of the panel members must agree that 234 revocation is appropriate for the medical releasee’s conditional 235 medical release to be revoked. If conditional medical release is 236 revoked pursuant to this paragraph, the medical releasee must 237 serve the balance of his or her sentence in an institution 238 designated by the department with credit for the actual time 239 served on conditional medical release. The releasee’s gain-time 240 accrued before recommitment may be forfeited pursuant to s. 241 944.28(1). If the medical releasee whose conditional medical 242 release is revoked subject to this paragraph would otherwise be 243 eligible for parole or any other release program, he or she may 244 be considered for such release program pursuant to law. 245 6. A medical releasee whose conditional medical release has 246 been revoked pursuant to this paragraph may have the revocation 247 reviewed by the department’s general counsel, who must make a 248 recommendation to the secretary. The secretary must review all 249 relevant information and make a final decision about the 250 appropriateness of the revocation of conditional medical release 251 pursuant to this paragraph. The decision of the secretary is a 252 final administrative decision not subject to appeal. 253 (c)1. If the medical releasee subject to revocation under 254 paragraph (a) or paragraph (b) elects to proceed with a hearing, 255 the medical releasee must be informed orally and in writing of 256 the following: 257 a. The alleged basis for the pending revocation proceeding 258 against the releasee. 259 b. The releasee’s right to be represented by counsel. 260 However, this sub-subparagraph does not create a right to 261 publicly funded legal counsel. 262 c. The releasee’s right to be heard in person. 263 d. The releasee’s right to secure, present, and compel the 264 attendance of witnesses relevant to the proceeding. 265 e. The releasee’s right to produce documents on his or her 266 own behalf. 267 f. The releasee’s right of access to all evidence used to 268 support the revocation proceeding against the releasee and to 269 confront and cross-examine adverse witnesses. 270 g. The releasee’s right to waive the hearing. 271 2. If the panel approves the revocation of the medical 272 releasee's conditional medical release, the panel must provide a 273 written statement as to evidence relied on and reasons for 274 revocation. 275 (d) A medical releasee whose conditional medical release is 276 revoked and is recommitted to the department under this 277 subsection must comply with the 85 percent requirement in 278 accordance with ss. 921.002 and 944.275 upon recommitment. 279 (9) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A 280 TERMINAL CONDITION.— 281 (a) If an inmate is diagnosed with a terminal medical 282 condition that makes him or her eligible for consideration for 283 release under paragraph (3)(c) while in the custody of the 284 department, subject to confidentiality requirements, the 285 department must: 286 1. Notify the inmate’s family or next of kin, and attorney, 287 if applicable, of such diagnosis within 72 hours of the 288 diagnosis. 289 2. Provide the inmate’s family, including extended family, 290 with an opportunity to visit the inmate in person within 7 days 291 upon such diagnosis. 292 3. Initiate a review for conditional medical release as 293 provided for in this section immediately upon such diagnosis. 294 (b) If the inmate has mental and physical capacity, he or 295 she must consent to release of confidential information for the 296 department to comply with the notification requirements required 297 in this subsection. 298 (10) SOVEREIGN IMMUNITY.—Unless otherwise provided by law 299 and in accordance with s. 13, Art. X of the State Constitution, 300 members of the panel established in subsection (2) who are 301 involved with decisions that grant or revoke conditional medical 302 release are provided immunity from liability for actions that 303 directly relate to such decisions. 304 (11) RULEMAKING AUTHORITY.—The department may adopt rules 305 as 306 307 ================= T I T L E A M E N D M E N T ================ 308 And the title is amended as follows: 309 Delete lines 3 - 63 310 and insert: 311 creating s. 945.0911, F.S.; providing legislative 312 findings; establishing the conditional medical release 313 program within the Department of Corrections; 314 establishing a panel to consider specified matters; 315 defining terms; providing for program eligibility; 316 requiring any inmate who meets certain criteria to be 317 considered for conditional medical release; providing 318 that the inmate does not have a right to release or to 319 a certain medical evaluation; providing for program 320 eligibility; providing that an inmate may be released 321 on conditional medical release prior to serving 85 322 percent of his or her term of imprisonment; requiring 323 the department to identify eligible inmates; requiring 324 the department to refer an inmate to the panel for 325 consideration; providing for victim notification in 326 certain circumstances; requiring the panel to conduct 327 a hearing within a specified timeframe; specifying 328 requirements for the hearing; providing a review 329 process for an inmate who is denied release; providing 330 conditions for release; providing that an inmate who 331 is approved for conditional medical release must be 332 released from the department in a reasonable amount of 333 time; providing that an inmate is considered a medical 334 releasee upon release from the department into the 335 community; providing that a medical releasee remains 336 in the custody, supervision, and control of the 337 department and provides an exception; providing a 338 medical releasee is eligible to earn or lose gain 339 time; prohibiting a medical releasee or his or her 340 community-based housing from being counted in the 341 prison system population and the prison capacity 342 figures, respectively; providing for the revocation of 343 a medical releasee’s conditional medical release; 344 authorizing the medical releasee to be returned to the 345 department’s custody if his or her medical or physical 346 condition improves; requiring a majority of the panel 347 members to agree on the appropriateness of revocation; 348 providing that gain-time is not forfeited for 349 revocation based on improvement in the medical 350 releasee’s condition; providing a review process for a 351 medical releasee who has his or her release revoked; 352 authorizing the medical releasee to be recommitted if 353 he or she violates any conditions of the release; 354 requiring that the medical releasee be detained if a 355 violation is based on certain circumstances; requiring 356 that a majority of the panel members agree on the 357 appropriateness of revocation; requiring specified 358 medical releasees to be recommitted to the department 359 upon the revocation of the conditional medical 360 release; authorizing the forfeiture of gain-time if 361 the revocation is based on certain violations; 362 providing a review process for a medical releasee who 363 has his or her release revoked; requiring that the 364 medical releasee be given specified information in 365 certain instances; requiring the panel to provide a 366 written statement as to evidence relied on and reasons 367 for revocation; requiring the department to notify 368 certain persons within a specified time frame of an 369 inmate’s diagnosis of a terminal medical condition; 370 requiring the department to allow a visit between an 371 inmate and certain persons within 7 days of a 372 diagnosis of a terminal medical condition; requiring 373 the department to initiate the conditional medical 374 release review process immediately upon an inmate’s 375 diagnosis of a terminal medical condition; requiring 376 the inmate to consent to release of information in 377 certain circumstances; providing members of the panel 378 have sovereign immunity related to specified 379 decisions; providing rulemaking authority;