Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 556 Ì575744?Î575744 LEGISLATIVE ACTION Senate . House Comm: RCS . 11/12/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 134 - 265 4 and insert: 5 pursuant to this section is appropriate for the inmate. If 6 conditional medical release is approved, the inmate must be 7 released by the department to the community within a reasonable 8 amount of time with necessary release conditions imposed 9 pursuant to subsection (6). An inmate who is granted conditional 10 medical release is considered a medical releasee upon release to 11 the community. 12 (c) An inmate who is denied conditional medical release by 13 the panel may have the decision reviewed by the department’s 14 general counsel and chief medical officer, who must make a 15 recommendation to the secretary. The secretary must review all 16 relevant information and make a final decision about the 17 appropriateness of conditional medical release pursuant to this 18 section. The decision of the secretary is a final administrative 19 decision not subject to appeal. An inmate who is denied 20 conditional medical release may be subsequently reconsidered for 21 such release in a manner prescribed by department rule. 22 (6) RELEASE CONDITIONS.— 23 (a) An inmate granted release pursuant to this section is 24 released for a period equal to the length of time remaining on 25 his or her term of imprisonment on the date the release is 26 granted. Such inmate is considered a medical releasee upon 27 release from the department into the community. The medical 28 releasee must comply with all reasonable conditions of release 29 the department imposes, which must include, at a minimum: 30 1. Periodic medical evaluations at intervals determined by 31 the department at the time of release. 32 2. Supervision by an officer trained to handle special 33 offender caseloads. 34 3. Active electronic monitoring, if such monitoring is 35 determined to be necessary to ensure the safety of the public 36 and the medical releasee’s compliance with release conditions. 37 4. Any conditions of community control provided for in s. 38 948.101. 39 5. Any other conditions the department deems appropriate to 40 ensure the safety of the community and compliance by the medical 41 releasee. 42 (b) A medical releasee is considered to be in the care, 43 custody, supervision, and control of the department and remains 44 eligible to earn or lose gain-time in accordance with s. 944.275 45 and department rule. The medical releasee may not be counted in 46 the prison system population, and the medical releasee’s 47 approved community-based housing location may not be counted in 48 the capacity figures for the prison system. 49 (7) REVOCATION HEARING AND RECOMMITMENT.— 50 (a)1. If the medical releasee’s supervision officer 51 discovers that the medical or physical condition of the medical 52 releasee has improved to the extent that she or he would no 53 longer be eligible for release under this section, then the 54 conditional medical release may be revoked. The department may 55 order, as prescribed by department rule, that the medical 56 releasee be returned to the custody of the department for a 57 conditional medical release revocation hearing or may allow the 58 medical releasee to remain in the community pending the 59 revocation hearing. 60 2. The revocation hearing must be conducted by the panel 61 established in subsection (1). Before a revocation hearing 62 pursuant to this paragraph, the director of inmate health 63 services or his or her designee must review any medical evidence 64 pertaining to the medical releasee and provide the panel with a 65 recommendation regarding the medical releasee’s improvement and 66 current medical or physical condition. 67 3. A majority of the panel members must agree that 68 revocation is appropriate for the medical releasee’s conditional 69 medical release to be revoked. If conditional medical release is 70 revoked due to improvement in his or her medical or physical 71 condition, the medical releasee must be recommitted to the 72 department to serve the balance of his or her sentence with 73 credit for the time served on conditional medical release and 74 without forfeiture of any gain-time accrued before recommitment. 75 If the medical releasee whose conditional medical release is 76 revoked due to an improvement in her or his medical or physical 77 condition would otherwise be eligible for parole or any other 78 release program, he or she may be considered for such release 79 program pursuant to law. 80 4. A medical releasee whose conditional medical release is 81 revoked pursuant to this paragraph may have the decision 82 reviewed by the department’s general counsel and chief medical 83 officer, who must make a recommendation to the secretary. The 84 secretary must review all relevant information and make a final 85 decision about the appropriateness of the revocation of 86 conditional medical release pursuant to this paragraph. The 87 decision of the secretary is a final administrative decision not 88 subject to appeal. 89 (b)1. The medical releasee's conditional medical release 90 may also be revoked for violation of any release conditions the 91 department establishes, including, but not limited to, a new 92 violation of law. 93 2. If the basis of the violation of release conditions is 94 related to a new violation of law, the medical releasee must be 95 detained without bond until his or her initial appearance at 96 which a judicial determination of probable cause is made. If the 97 judge determines that there was no probable cause for the 98 arrest, the medical releasee may be released. If the judge 99 determines that there was probable cause for the arrest, the 100 judge’s determination also constitutes reasonable grounds to 101 believe that the medical releasee violated the conditions of the 102 conditional medical release. 103 3. The department must order that the medical releasee 104 subject to revocation under this paragraph be returned to 105 department custody for a conditional medical release revocation 106 hearing. 107 4. A majority of the panel members must agree that 108 revocation is appropriate for the medical releasee’s conditional 109 medical release to be revoked. If conditional medical release is 110 revoked pursuant to this paragraph, the medical releasee must 111 serve the balance of his or her sentence with credit for the 112 actual time served on conditional medical release. The 113 releasee’s gain-time accrued before recommitment may be 114 forfeited pursuant to s. 944.28(1). If the medical releasee 115 whose conditional medical release is revoked subject to this 116 paragraph would otherwise be eligible for parole or any other 117 release program, he or she may be considered for such release 118 program pursuant to law. 119 5. A medical releasee whose conditional medical release has 120 been revoked pursuant to this paragraph may have the revocation 121 reviewed by the department’s general counsel, who must make a 122 recommendation to the secretary. The secretary must review all 123 relevant information and make a final decision about the 124 appropriateness of the revocation of conditional medical release 125 pursuant to this paragraph. The decision of the secretary is a 126 final administrative decision not subject to appeal. 127 (c) If the medical releasee subject to revocation under 128 paragraph (a) or paragraph (b) elects to proceed with a hearing, 129 the medical releasee must be informed orally and in writing of 130 the following: 131 1. The alleged basis for the pending revocation proceeding 132 against the releasee. 133 2. The releasee’s right to be represented by counsel. 134 However, this subparagraph does not create a right to publicly 135 funded legal counsel. 136 3. The releasee’s right to be heard in person. 137 4. The releasee’s right to secure, present, and compel the 138 attendance of witnesses relevant to the proceeding. 139 5. The releasee’s right to produce documents on his or her 140 own behalf. 141 6. The releasee’s right of access to all evidence used to 142 support the revocation proceeding against the releasee and to 143 confront and cross-examine adverse witnesses. 144 7. The releasee’s right to waive the hearing. 145 (8) SPECIAL REQUIREMENTS UPON AN INMATE'S DIAGNOSIS OF A 146 TERMINAL CONDITION.— 147 (a) If an inmate is diagnosed with a terminal medical 148 condition that makes him or her eligible for consideration for 149 release under paragraph (2)(c) while in the custody of the 150 department, subject to confidentiality requirements, the 151 department must: 152 1. Notify the inmate's family or next of kin, and attorney, 153 if applicable, of such diagnosis within 72 hours of the 154 diagnosis. 155 2. Provide the inmate's family, including extended family, 156 with an opportunity to visit the inmate in person within 7 days 157 upon such diagnosis. 158 3. Initiate a review for conditional medical release as 159 provided for in this section immediately upon such diagnosis. 160 (b) If the inmate has mental and physical capacity, he or 161 she must consent to release of confidential information for the 162 department to comply with the notification requirements required 163 in this subsection. 164 (9) RULEMAKING AUTHORITY.—The department may adopt rules as 165 necessary to implement this section. 166 ================= T I T L E A M E N D M E N T ================ 167 And the title is amended as follows: 168 Delete lines 19 - 45 169 and insert: 170 conditions for release; providing that an inmate who 171 is approved for conditional medical release must be 172 released from the department in a reasonable amount of 173 time; providing that an inmate is considered a medical 174 releasee upon release from the department into the 175 community; providing that a medical releasee remains 176 in the care, custody, supervision, and control of the 177 department and is eligible to earn or lose gain-time; 178 prohibiting a medical releasee or his or her 179 community-based housing from being counted in the 180 prison system population and the prison capacity 181 figures, respectively; providing for the revocation of 182 a medical releasee's conditional medical release; 183 authorizing the medical releasee to be returned to the 184 department’s custody if his or her medical or physical 185 condition improves; requiring a majority of the panel 186 members to agree on the appropriateness of revocation; 187 providing that gain-time is not forfeited for 188 revocation based on improvement in the medical 189 releasee's condition; providing a review process for a 190 medical releasee who has his or her release revoked; 191 authorizing the medical releasee to be recommitted if 192 he or she violates any conditions of the release; 193 requiring that the medical releasee be detained if a 194 violation is based on certain circumstances; requiring 195 that a majority of the panel members agree on the 196 appropriateness of revocation; requiring specified 197 medical releasees to be recommitted to the department 198 upon the revocation of the conditional medical 199 release; authorizing the forfeiture of gain-time if 200 the revocation is based on certain violations; 201 providing a review process for a medical releasee who 202 has his or her release revoked; requiring that the 203 medical releasee be given specified information in 204 certain instances; requiring the department to notify 205 certain persons within a specified time frame of an 206 inmate's diagnosis of a terminal medical condition; 207 requiring the department to allow a visit between an 208 inmate and certain persons within 7 days of a 209 diagnosis of a terminal medical condition; requiring 210 the department to initiate the conditional medical 211 release review process immediately upon an inmate's 212 diagnosis of a terminal medical condition; requiring 213 the inmate to consent to release of information in 214 certain circumstances; providing rulemaking