Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 556
       
       
       
       
       
                               Ì906570'Î906570                          
       
       576-02785A-20                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to inmate conditional medical release;
    3         creating s. 945.0911, F.S.; providing legislative
    4         findings; establishing the conditional medical release
    5         program within the Department of Corrections;
    6         establishing a panel to consider specified matters;
    7         defining terms; providing for program eligibility;
    8         requiring any inmate who meets certain criteria to be
    9         considered for conditional medical release; providing
   10         that the inmate does not have a right to release or to
   11         a certain medical evaluation; providing for program
   12         eligibility; providing that an inmate may be released
   13         on conditional medical release prior to serving 85
   14         percent of his or her term of imprisonment; requiring
   15         the department to identify eligible inmates; requiring
   16         the department to refer an inmate to the panel for
   17         consideration; providing for victim notification in
   18         certain circumstances; requiring the panel to conduct
   19         a hearing within a specified timeframe; specifying
   20         requirements for the hearing; providing a review
   21         process for an inmate who is denied release; providing
   22         conditions for release; providing that an inmate who
   23         is approved for conditional medical release must be
   24         released from the department in a reasonable amount of
   25         time; providing that an inmate is considered a medical
   26         releasee upon release from the department into the
   27         community; providing that a medical releasee remains
   28         in the custody, supervision, and control of the
   29         department and provides an exception; providing a
   30         medical releasee is eligible to earn or lose gain
   31         time; prohibiting a medical releasee or his or her
   32         community-based housing from being counted in the
   33         prison system population and the prison capacity
   34         figures, respectively; providing for the revocation of
   35         a medical releasee’s conditional medical release;
   36         authorizing the medical releasee to be returned to the
   37         department’s custody if his or her medical or physical
   38         condition improves; requiring a majority of the panel
   39         members to agree on the appropriateness of revocation;
   40         providing that gain-time is not forfeited for
   41         revocation based on improvement in the medical
   42         releasee’s condition; providing a review process for a
   43         medical releasee who has his or her release revoked;
   44         authorizing the medical releasee to be recommitted if
   45         he or she violates any conditions of the release;
   46         requiring that the medical releasee be detained if a
   47         violation is based on certain circumstances; requiring
   48         that a majority of the panel members agree on the
   49         appropriateness of revocation; requiring specified
   50         medical releasees to be recommitted to the department
   51         upon the revocation of the conditional medical
   52         release; authorizing the forfeiture of gain-time if
   53         the revocation is based on certain violations;
   54         providing a review process for a medical releasee who
   55         has his or her release revoked; requiring that the
   56         medical releasee be given specified information in
   57         certain instances; requiring the panel to provide a
   58         written statement as to evidence relied on and reasons
   59         for revocation; requiring the department to notify
   60         certain persons within a specified time frame of an
   61         inmate’s diagnosis of a terminal medical condition;
   62         requiring the department to allow a visit between an
   63         inmate and certain persons within 7 days of a
   64         diagnosis of a terminal medical condition; requiring
   65         the department to initiate the conditional medical
   66         release review process immediately upon an inmate’s
   67         diagnosis of a terminal medical condition; requiring
   68         the inmate to consent to release of information in
   69         certain circumstances; providing members of the panel
   70         have sovereign immunity related to specified
   71         decisions; providing rulemaking authority; repealing
   72         s. 947.149, F.S., relating to conditional medical
   73         release; amending ss. 316.1935, 775.084, 775.087,
   74         784.07, 790.235, 794.0115, 893.135, 921.0024, 944.605,
   75         944.70, 947.13, and 947.141, F.S.; conforming cross
   76         references to changes made by the act; providing an
   77         effective date.
   78          
   79  Be It Enacted by the Legislature of the State of Florida:
   80  
   81         Section 1. Section 945.0911, Florida Statutes, is created
   82  to read:
   83         945.0911 Conditional medical release.—
   84         (1) FINDINGS.—The Legislature finds that the number of
   85  inmates with terminal medical conditions or who are suffering
   86  from severe debilitating or incapacitating medical conditions
   87  who are incarcerated in the state’s prisons has grown
   88  significantly in recent years. Further, the Legislature finds
   89  that the condition of inmates who are terminally ill, or
   90  suffering from a debilitating or incapacitating conditions may
   91  be exacerbated by imprisonment due to the stress linked to
   92  prison life. The Legislature also finds that recidivism rates
   93  are greatly reduced with inmates suffering from such medical
   94  conditions who are released into the community. Therefore, the
   95  Legislature finds that it is of great public importance to find
   96  a compassionate solution to the challenges presented by the
   97  imprisonment of inmates who are terminally ill or are suffering
   98  from a debilitating or incapacitating condition while also
   99  ensuring that the public safety of Florida’s communities remains
  100  protected.
  101         (2) CREATION.—There is established a conditional medical
  102  release program within the department for the purpose of
  103  determining whether release is appropriate for eligible inmates,
  104  supervising the released inmates, and conducting revocation
  105  hearings as provided for in this section. The establishment of
  106  the conditional medical release program must include a panel of
  107  at least three people appointed by the secretary or his or her
  108  designee for the purpose of determining the appropriateness of
  109  conditional medical release and conducting revocation hearings
  110  on the inmate releases.
  111         (3)DEFINITIONS.—As used in this section, the term:
  112         (a) “Inmate with a debilitating illness” means an inmate
  113  who is determined to be suffering from a significant terminal or
  114  nonterminal condition, disease, or syndrome that has rendered
  115  the inmate so physically or cognitively impaired, debilitated,
  116  or incapacitated as to create a reasonable probability that the
  117  inmate does not constitute a danger to himself or herself to
  118  others.
  119         (b) “Permanently incapacitated inmate” means an inmate who
  120  has a condition caused by injury, disease, or illness which, to
  121  a reasonable degree of medical certainty, renders the inmate
  122  permanently and irreversibly physically incapacitated to the
  123  extent that the inmate does not constitute a danger to himself
  124  or herself or to others.
  125         (c) “Terminally ill inmate” means an inmate who has a
  126  condition caused by injury, disease, or illness that, to a
  127  reasonable degree of medical certainty, renders the inmate
  128  terminally ill to the extent that there can be no recovery,
  129  death is expected within 12 months, and the inmate does not
  130  constitute a danger to himself or herself or to others.
  131         (4) ELIGIBILITY.—An inmate is eligible for consideration
  132  for release under the conditional medical release program when
  133  the inmate, because of an existing medical or physical
  134  condition, is determined by the department to be an inmate with
  135  a debilitating illness, a permanently incapacitated inmate, or a
  136  terminally ill inmate. Notwithstanding any other provision of
  137  law, an inmate who meets the above criteria may be released from
  138  the custody of the department pursuant to this section prior to
  139  satisfying 85 percent of his or her term of imprisonment.
  140         (5) REFERRAL FOR CONSIDERATION.—
  141         (a)1.Notwithstanding any provision to the contrary, any
  142  inmate in the custody of the department who meets one or more of
  143  the eligibility requirements under subsection (4) must be
  144  considered for conditional medical release.
  145         2. The authority to grant conditional medical release rests
  146  solely with the department. An inmate does not have a right to
  147  release or to a medical evaluation to determine eligibility for
  148  release pursuant to this section.
  149         (b) The department must identify inmates who may be
  150  eligible for conditional medical release based upon available
  151  medical information. In considering an inmate for conditional
  152  medical release, the department may require additional medical
  153  evidence, including examinations of the inmate, or any other
  154  additional investigations the department deems necessary for
  155  determining the appropriateness of the eligible inmate’s
  156  release.
  157         (c) The department must refer an inmate to the panel
  158  established under subsection (2) for review and determination of
  159  conditional medical release upon his or her identification as
  160  potentially eligible for release pursuant to this section.
  161         (d) If the case that resulted in the inmate’s commitment to
  162  the department involved a victim, and the victim specifically
  163  requested notification pursuant to s. 16, Art. I of the State
  164  Constitution, the department must notify the victim of the
  165  inmate’s referral to the panel immediately upon identification
  166  of the inmate as potentially eligible for release under this
  167  section. Additionally, the victim must be afforded the right to
  168  be heard regarding the release of the inmate.
  169         (6) DETERMINATION OF RELEASE.—
  170         (a) Within 45 days after receiving the referral, the panel
  171  established in subsection (2) must conduct a hearing to
  172  determine whether conditional medical release is appropriate for
  173  the inmate. Before the hearing, the director of inmate health
  174  services or his or her designee must review any relevant
  175  information, including, but not limited to, medical evidence,
  176  and provide the panel with a recommendation regarding the
  177  appropriateness of releasing the inmate pursuant to this
  178  section.
  179         (b) A majority of the panel members must agree that the
  180  inmate is appropriate for release pursuant to this section. If
  181  conditional medical release is approved, the inmate must be
  182  released by the department to the community within a reasonable
  183  amount of time with necessary release conditions imposed
  184  pursuant to subsection (7). An inmate who is granted conditional
  185  medical release is considered a medical releasee upon release to
  186  the community.
  187         (c)1. An inmate who is denied conditional medical release
  188  by the panel may have the decision reviewed by the department’s
  189  general counsel and chief medical officer, who must make a
  190  recommendation to the secretary. The secretary must review all
  191  relevant information and make a final decision about the
  192  appropriateness of conditional medical release pursuant to this
  193  section. The decision of the secretary is a final administrative
  194  decision not subject to appeal.
  195         2. An inmate that requests to have the decision reviewed in
  196  accordance with this paragraph must do so in a manner prescribed
  197  in rule. An inmate who is denied conditional medical release may
  198  be subsequently reconsidered for such release in a manner
  199  prescribed by department rule.
  200         (7) RELEASE CONDITIONS.—
  201         (a) An inmate granted release pursuant to this section is
  202  released for a period equal to the length of time remaining on
  203  his or her term of imprisonment on the date the release is
  204  granted. Such inmate is considered a medical releasee upon
  205  release from the department into the community. The medical
  206  releasee must comply with all reasonable conditions of release
  207  the department imposes, which must include, at a minimum:
  208         1. Periodic medical evaluations at intervals determined by
  209  the department at the time of release.
  210         2. Supervision by an officer trained to handle special
  211  offender caseloads.
  212         3. Active electronic monitoring, if such monitoring is
  213  determined to be necessary to ensure the safety of the public
  214  and the medical releasee’s compliance with release conditions.
  215         4. Any conditions of community control provided for in s.
  216  948.101.
  217         5. Any other conditions the department deems appropriate to
  218  ensure the safety of the community and compliance by the medical
  219  releasee.
  220         (b) A medical releasee is considered to be in the custody,
  221  supervision, and control of the department, which, for purposes
  222  of this section does not create a duty for the department to
  223  provide the medical releasee with medical care upon release into
  224  the community. The medical releasee remains eligible to earn or
  225  lose gain-time in accordance with s. 944.275 and department
  226  rule. The medical releasee may not be counted in the prison
  227  system population, and the medical releasee’s approved
  228  community-based housing location may not be counted in the
  229  capacity figures for the prison system.
  230         (8) REVOCATION HEARING AND RECOMMITMENT.—
  231         (a)1.If the medical releasee’s supervision officer or a
  232  duly authorized representative of the department discovers that
  233  the medical or physical condition of the medical releasee has
  234  improved to the extent that she or he would no longer be
  235  eligible for release under this section, then the conditional
  236  medical release may be revoked. The department may order, as
  237  prescribed by department rule, that the medical releasee be
  238  returned to the custody of the department for a conditional
  239  medical release revocation hearing or may allow the medical
  240  releasee to remain in the community pending the revocation
  241  hearing. If the department elects to order the medical releasee
  242  to be returned to custody pending the revocation hearing, the
  243  officer or duly authorized representative may cause a warrant to
  244  be issued for the arrest of the medical releasee.
  245         2. A medical releasee may admit to the allegation of
  246  improved medical or physical condition or may elect to proceed
  247  to a revocation hearing. The revocation hearing must be
  248  conducted by the panel established in subsection (2). Before a
  249  revocation hearing pursuant to this paragraph, the director of
  250  inmate health services or his or her designee must review any
  251  medical evidence pertaining to the medical releasee and provide
  252  the panel with a recommendation regarding the medical releasee’s
  253  improvement and current medical or physical condition.
  254         3. A majority of the panel members must agree that
  255  revocation is appropriate for the medical releasee’s conditional
  256  medical release to be revoked. If conditional medical release is
  257  revoked due to improvement in his or her medical or physical
  258  condition, the medical releasee must be recommitted to the
  259  department to serve the balance of his or her sentence in an
  260  institution designated by the department with credit for the
  261  time served on conditional medical release and without
  262  forfeiture of any gain-time accrued before recommitment. If the
  263  medical releasee whose conditional medical release is revoked
  264  due to an improvement in her or his medical or physical
  265  condition would otherwise be eligible for parole or any other
  266  release program, he or she may be considered for such release
  267  program pursuant to law.
  268         4. A medical releasee whose conditional medical release is
  269  revoked pursuant to this paragraph may have the decision
  270  reviewed by the department’s general counsel and chief medical
  271  officer, who must make a recommendation to the secretary. The
  272  secretary must review all relevant information and make a final
  273  decision about the appropriateness of the revocation of
  274  conditional medical release pursuant to this paragraph. The
  275  decision of the secretary is a final administrative decision not
  276  subject to appeal.
  277         (b)1. The medical releasee’s conditional medical release
  278  may also be revoked for violation of any release conditions the
  279  department establishes, including, but not limited to, a new
  280  violation of law. The department may terminate the medical
  281  releasee’s conditional medical release and return him or her to
  282  the same or another institution designated by the department.
  283         2. If a duly authorized representative of the department
  284  has reasonable grounds to believe that a medical releasee has
  285  violated the conditions of his or her release in a material
  286  respect, such representative may cause a warrant to be issued
  287  for the arrest of the medical releasee. A law enforcement
  288  officer or a probation officer may arrest the medical releasee
  289  without a warrant in accordance with s. 948.06, if there are
  290  reasonable grounds to believe he or she has violated the terms
  291  and conditions of his or her conditional medical release. The
  292  law enforcement officer must report the medical releasee’s
  293  alleged violations to the supervising probation office or the
  294  department’s emergency action center for initiation of
  295  revocation proceedings as prescribed by the department by rule.
  296         3. If the basis of the violation of release conditions is
  297  related to a new violation of law, the medical releasee must be
  298  detained without bond until his or her initial appearance at
  299  which a judicial determination of probable cause is made. If the
  300  judge determines that there was no probable cause for the
  301  arrest, the medical releasee may be released. If the judge
  302  determines that there was probable cause for the arrest, the
  303  judge’s determination also constitutes reasonable grounds to
  304  believe that the medical releasee violated the conditions of the
  305  conditional medical release.
  306         4. The department must order that the medical releasee
  307  subject to revocation under this paragraph be returned to
  308  department custody for a conditional medical release revocation
  309  hearing. A medical releasee may admit to the alleged violation
  310  of the conditions of conditional medical release or may elect to
  311  proceed to a revocation hearing.
  312         5. A majority of the panel members must agree that
  313  revocation is appropriate for the medical releasee’s conditional
  314  medical release to be revoked. If conditional medical release is
  315  revoked pursuant to this paragraph, the medical releasee must
  316  serve the balance of his or her sentence in an institution
  317  designated by the department with credit for the actual time
  318  served on conditional medical release. The releasee’s gain-time
  319  accrued before recommitment may be forfeited pursuant to s.
  320  944.28(1). If the medical releasee whose conditional medical
  321  release is revoked subject to this paragraph would otherwise be
  322  eligible for parole or any other release program, he or she may
  323  be considered for such release program pursuant to law.
  324         6. A medical releasee whose conditional medical release has
  325  been revoked pursuant to this paragraph may have the revocation
  326  reviewed by the department’s general counsel, who must make a
  327  recommendation to the secretary. The secretary must review all
  328  relevant information and make a final decision about the
  329  appropriateness of the revocation of conditional medical release
  330  pursuant to this paragraph. The decision of the secretary is a
  331  final administrative decision not subject to appeal.
  332         (c)1. If the medical releasee subject to revocation under
  333  paragraph (a) or paragraph (b) elects to proceed with a hearing,
  334  the medical releasee must be informed orally and in writing of
  335  the following:
  336         a. The alleged basis for the pending revocation proceeding
  337  against the releasee.
  338         b. The releasee’s right to be represented by counsel.
  339  However, this sub-subparagraph does not create a right to
  340  publicly funded legal counsel.
  341         c. The releasee’s right to be heard in person.
  342         d. The releasee’s right to secure, present, and compel the
  343  attendance of witnesses relevant to the proceeding.
  344         e. The releasee’s right to produce documents on his or her
  345  own behalf.
  346         f. The releasee’s right of access to all evidence used to
  347  support the revocation proceeding against the releasee and to
  348  confront and cross-examine adverse witnesses.
  349         g. The releasee’s right to waive the hearing.
  350         2. If the panel approves the revocation of the medical
  351  releasee’s conditional medical release, the panel must provide a
  352  written statement as to evidence relied on and reasons for
  353  revocation.
  354         (d) A medical releasee whose conditional medical release is
  355  revoked and is recommitted to the department under this
  356  subsection must comply with the 85 percent requirement in
  357  accordance with ss. 921.002 and 944.275 upon recommitment.
  358         (9) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A
  359  TERMINAL CONDITION.—
  360         (a) If an inmate is diagnosed with a terminal medical
  361  condition that makes him or her eligible for consideration for
  362  release under paragraph (3)(c) while in the custody of the
  363  department, subject to confidentiality requirements, the
  364  department must:
  365         1.Notify the inmate’s family or next of kin, and attorney,
  366  if applicable, of such diagnosis within 72 hours of the
  367  diagnosis.
  368         2.Provide the inmate’s family, including extended family,
  369  with an opportunity to visit the inmate in person within 7 days
  370  upon such diagnosis.
  371         3.Initiate a review for conditional medical release as
  372  provided for in this section immediately upon such diagnosis.
  373         (b) If the inmate has mental and physical capacity, he or
  374  she must consent to release of confidential information for the
  375  department to comply with the notification requirements required
  376  in this subsection.
  377         (10) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
  378  and in accordance with s. 13, Art. X of the State Constitution,
  379  members of the panel established in subsection (2) who are
  380  involved with decisions that grant or revoke conditional medical
  381  release are provided immunity from liability for actions that
  382  directly relate to such decisions.
  383         (11) RULEMAKING AUTHORITY.—The department may adopt rules
  384  as necessary to implement this section.
  385         Section 2. Section 947.149, Florida Statutes, is repealed.
  386         Section 3. Subsection (6) of section 316.1935, Florida
  387  Statutes, is amended to read:
  388         316.1935 Fleeing or attempting to elude a law enforcement
  389  officer; aggravated fleeing or eluding.—
  390         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  391  or withhold adjudication of guilt or imposition of sentence for
  392  any violation of this section. A person convicted and sentenced
  393  to a mandatory minimum term of incarceration under paragraph
  394  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  395  time under s. 944.275 or any form of discretionary early
  396  release, other than pardon or executive clemency or conditional
  397  medical release under s. 945.0911 s. 947.149, prior to serving
  398  the mandatory minimum sentence.
  399         Section 4. Paragraph (k) of subsection (4) of section
  400  775.084, Florida Statutes, is amended to read:
  401         775.084 Violent career criminals; habitual felony offenders
  402  and habitual violent felony offenders; three-time violent felony
  403  offenders; definitions; procedure; enhanced penalties or
  404  mandatory minimum prison terms.—
  405         (4)
  406         (k)1. A defendant sentenced under this section as a
  407  habitual felony offender, a habitual violent felony offender, or
  408  a violent career criminal is eligible for gain-time granted by
  409  the Department of Corrections as provided in s. 944.275(4)(b).
  410         2. For an offense committed on or after October 1, 1995, a
  411  defendant sentenced under this section as a violent career
  412  criminal is not eligible for any form of discretionary early
  413  release, other than pardon or executive clemency, or conditional
  414  medical release granted pursuant to s. 945.0911 s. 947.149.
  415         3. For an offense committed on or after July 1, 1999, a
  416  defendant sentenced under this section as a three-time violent
  417  felony offender shall be released only by expiration of sentence
  418  and shall not be eligible for parole, control release, or any
  419  form of early release.
  420         Section 5. Paragraph (b) of subsection (2) and paragraph
  421  (b) of subsection (3) of section 775.087, Florida Statutes, are
  422  amended to read:
  423         775.087 Possession or use of weapon; aggravated battery;
  424  felony reclassification; minimum sentence.—
  425         (2)
  426         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  427  (a)3. does not prevent a court from imposing a longer sentence
  428  of incarceration as authorized by law in addition to the minimum
  429  mandatory sentence, or from imposing a sentence of death
  430  pursuant to other applicable law. Subparagraph (a)1.,
  431  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  432  court to impose a lesser sentence than otherwise required by
  433  law.
  434  
  435  Notwithstanding s. 948.01, adjudication of guilt or imposition
  436  of sentence shall not be suspended, deferred, or withheld, and
  437  the defendant is not eligible for statutory gain-time under s.
  438  944.275 or any form of discretionary early release, other than
  439  pardon or executive clemency, or conditional medical release
  440  under s. 945.0911 s. 947.149, prior to serving the minimum
  441  sentence.
  442         (3)
  443         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  444  (a)3. does not prevent a court from imposing a longer sentence
  445  of incarceration as authorized by law in addition to the minimum
  446  mandatory sentence, or from imposing a sentence of death
  447  pursuant to other applicable law. Subparagraph (a)1.,
  448  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  449  court to impose a lesser sentence than otherwise required by
  450  law.
  451  
  452  Notwithstanding s. 948.01, adjudication of guilt or imposition
  453  of sentence shall not be suspended, deferred, or withheld, and
  454  the defendant is not eligible for statutory gain-time under s.
  455  944.275 or any form of discretionary early release, other than
  456  pardon or executive clemency, or conditional medical release
  457  under s. 945.0911 s. 947.149, prior to serving the minimum
  458  sentence.
  459         Section 6. Subsection (3) of section 784.07, Florida
  460  Statutes, is amended to read:
  461         784.07 Assault or battery of law enforcement officers,
  462  firefighters, emergency medical care providers, public transit
  463  employees or agents, or other specified officers;
  464  reclassification of offenses; minimum sentences.—
  465         (3) Any person who is convicted of a battery under
  466  paragraph (2)(b) and, during the commission of the offense, such
  467  person possessed:
  468         (a) A “firearm” or “destructive device” as those terms are
  469  defined in s. 790.001, shall be sentenced to a minimum term of
  470  imprisonment of 3 years.
  471         (b) A semiautomatic firearm and its high-capacity
  472  detachable box magazine, as defined in s. 775.087(3), or a
  473  machine gun as defined in s. 790.001, shall be sentenced to a
  474  minimum term of imprisonment of 8 years.
  475  
  476  Notwithstanding s. 948.01, adjudication of guilt or imposition
  477  of sentence shall not be suspended, deferred, or withheld, and
  478  the defendant is not eligible for statutory gain-time under s.
  479  944.275 or any form of discretionary early release, other than
  480  pardon or executive clemency, or conditional medical release
  481  under s. 945.0911 s. 947.149, prior to serving the minimum
  482  sentence.
  483         Section 7. Subsection (1) of section 790.235, Florida
  484  Statutes, is amended to read:
  485         790.235 Possession of firearm or ammunition by violent
  486  career criminal unlawful; penalty.—
  487         (1) Any person who meets the violent career criminal
  488  criteria under s. 775.084(1)(d), regardless of whether such
  489  person is or has previously been sentenced as a violent career
  490  criminal, who owns or has in his or her care, custody,
  491  possession, or control any firearm, ammunition, or electric
  492  weapon or device, or carries a concealed weapon, including a
  493  tear gas gun or chemical weapon or device, commits a felony of
  494  the first degree, punishable as provided in s. 775.082, s.
  495  775.083, or s. 775.084. A person convicted of a violation of
  496  this section shall be sentenced to a mandatory minimum of 15
  497  years’ imprisonment; however, if the person would be sentenced
  498  to a longer term of imprisonment under s. 775.084(4)(d), the
  499  person must be sentenced under that provision. A person
  500  convicted of a violation of this section is not eligible for any
  501  form of discretionary early release, other than pardon,
  502  executive clemency, or conditional medical release under s.
  503  945.0911 s. 947.149.
  504         Section 8. Subsection (7) of section 794.0115, Florida
  505  Statutes, is amended to read:
  506         794.0115 Dangerous sexual felony offender; mandatory
  507  sentencing.—
  508         (7) A defendant sentenced to a mandatory minimum term of
  509  imprisonment under this section is not eligible for statutory
  510  gain-time under s. 944.275 or any form of discretionary early
  511  release, other than pardon or executive clemency, or conditional
  512  medical release under s. 945.0911 s. 947.149, before serving the
  513  minimum sentence.
  514         Section 9. Paragraphs (b), (c), and (g) of subsection (1)
  515  and subsection (3) of section 893.135, Florida Statutes, are
  516  amended to read:
  517         893.135 Trafficking; mandatory sentences; suspension or
  518  reduction of sentences; conspiracy to engage in trafficking.—
  519         (1) Except as authorized in this chapter or in chapter 499
  520  and notwithstanding the provisions of s. 893.13:
  521         (b)1. Any person who knowingly sells, purchases,
  522  manufactures, delivers, or brings into this state, or who is
  523  knowingly in actual or constructive possession of, 28 grams or
  524  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  525  mixture containing cocaine, but less than 150 kilograms of
  526  cocaine or any such mixture, commits a felony of the first
  527  degree, which felony shall be known as “trafficking in cocaine,”
  528  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  529  If the quantity involved:
  530         a. Is 28 grams or more, but less than 200 grams, such
  531  person shall be sentenced to a mandatory minimum term of
  532  imprisonment of 3 years, and the defendant shall be ordered to
  533  pay a fine of $50,000.
  534         b. Is 200 grams or more, but less than 400 grams, such
  535  person shall be sentenced to a mandatory minimum term of
  536  imprisonment of 7 years, and the defendant shall be ordered to
  537  pay a fine of $100,000.
  538         c. Is 400 grams or more, but less than 150 kilograms, such
  539  person shall be sentenced to a mandatory minimum term of
  540  imprisonment of 15 calendar years and pay a fine of $250,000.
  541         2. Any person who knowingly sells, purchases, manufactures,
  542  delivers, or brings into this state, or who is knowingly in
  543  actual or constructive possession of, 150 kilograms or more of
  544  cocaine, as described in s. 893.03(2)(a)4., commits the first
  545  degree felony of trafficking in cocaine. A person who has been
  546  convicted of the first degree felony of trafficking in cocaine
  547  under this subparagraph shall be punished by life imprisonment
  548  and is ineligible for any form of discretionary early release
  549  except pardon or executive clemency or conditional medical
  550  release under s. 945.0911 s. 947.149. However, if the court
  551  determines that, in addition to committing any act specified in
  552  this paragraph:
  553         a. The person intentionally killed an individual or
  554  counseled, commanded, induced, procured, or caused the
  555  intentional killing of an individual and such killing was the
  556  result; or
  557         b. The person’s conduct in committing that act led to a
  558  natural, though not inevitable, lethal result,
  559  
  560  such person commits the capital felony of trafficking in
  561  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  562  person sentenced for a capital felony under this paragraph shall
  563  also be sentenced to pay the maximum fine provided under
  564  subparagraph 1.
  565         3. Any person who knowingly brings into this state 300
  566  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  567  and who knows that the probable result of such importation would
  568  be the death of any person, commits capital importation of
  569  cocaine, a capital felony punishable as provided in ss. 775.082
  570  and 921.142. Any person sentenced for a capital felony under
  571  this paragraph shall also be sentenced to pay the maximum fine
  572  provided under subparagraph 1.
  573         (c)1. A person who knowingly sells, purchases,
  574  manufactures, delivers, or brings into this state, or who is
  575  knowingly in actual or constructive possession of, 4 grams or
  576  more of any morphine, opium, hydromorphone, or any salt,
  577  derivative, isomer, or salt of an isomer thereof, including
  578  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  579  (3)(c)4., or 4 grams or more of any mixture containing any such
  580  substance, but less than 30 kilograms of such substance or
  581  mixture, commits a felony of the first degree, which felony
  582  shall be known as “trafficking in illegal drugs,” punishable as
  583  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  584  quantity involved:
  585         a. Is 4 grams or more, but less than 14 grams, such person
  586  shall be sentenced to a mandatory minimum term of imprisonment
  587  of 3 years and shall be ordered to pay a fine of $50,000.
  588         b. Is 14 grams or more, but less than 28 grams, such person
  589  shall be sentenced to a mandatory minimum term of imprisonment
  590  of 15 years and shall be ordered to pay a fine of $100,000.
  591         c. Is 28 grams or more, but less than 30 kilograms, such
  592  person shall be sentenced to a mandatory minimum term of
  593  imprisonment of 25 years and shall be ordered to pay a fine of
  594  $500,000.
  595         2. A person who knowingly sells, purchases, manufactures,
  596  delivers, or brings into this state, or who is knowingly in
  597  actual or constructive possession of, 28 grams or more of
  598  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  599  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  600  grams or more of any mixture containing any such substance,
  601  commits a felony of the first degree, which felony shall be
  602  known as “trafficking in hydrocodone,” punishable as provided in
  603  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  604         a. Is 28 grams or more, but less than 50 grams, such person
  605  shall be sentenced to a mandatory minimum term of imprisonment
  606  of 3 years and shall be ordered to pay a fine of $50,000.
  607         b. Is 50 grams or more, but less than 100 grams, such
  608  person shall be sentenced to a mandatory minimum term of
  609  imprisonment of 7 years and shall be ordered to pay a fine of
  610  $100,000.
  611         c. Is 100 grams or more, but less than 300 grams, such
  612  person shall be sentenced to a mandatory minimum term of
  613  imprisonment of 15 years and shall be ordered to pay a fine of
  614  $500,000.
  615         d. Is 300 grams or more, but less than 30 kilograms, such
  616  person shall be sentenced to a mandatory minimum term of
  617  imprisonment of 25 years and shall be ordered to pay a fine of
  618  $750,000.
  619         3. A person who knowingly sells, purchases, manufactures,
  620  delivers, or brings into this state, or who is knowingly in
  621  actual or constructive possession of, 7 grams or more of
  622  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  623  thereof, or 7 grams or more of any mixture containing any such
  624  substance, commits a felony of the first degree, which felony
  625  shall be known as “trafficking in oxycodone,” punishable as
  626  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  627  quantity involved:
  628         a. Is 7 grams or more, but less than 14 grams, such person
  629  shall be sentenced to a mandatory minimum term of imprisonment
  630  of 3 years and shall be ordered to pay a fine of $50,000.
  631         b. Is 14 grams or more, but less than 25 grams, such person
  632  shall be sentenced to a mandatory minimum term of imprisonment
  633  of 7 years and shall be ordered to pay a fine of $100,000.
  634         c. Is 25 grams or more, but less than 100 grams, such
  635  person shall be sentenced to a mandatory minimum term of
  636  imprisonment of 15 years and shall be ordered to pay a fine of
  637  $500,000.
  638         d. Is 100 grams or more, but less than 30 kilograms, such
  639  person shall be sentenced to a mandatory minimum term of
  640  imprisonment of 25 years and shall be ordered to pay a fine of
  641  $750,000.
  642         4.a. A person who knowingly sells, purchases, manufactures,
  643  delivers, or brings into this state, or who is knowingly in
  644  actual or constructive possession of, 4 grams or more of:
  645         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  646         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  647         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  648         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  649         (V) A fentanyl derivative, as described in s.
  650  893.03(1)(a)62.;
  651         (VI) A controlled substance analog, as described in s.
  652  893.0356, of any substance described in sub-sub-subparagraphs
  653  (I)-(V); or
  654         (VII) A mixture containing any substance described in sub
  655  sub-subparagraphs (I)-(VI),
  656  
  657  commits a felony of the first degree, which felony shall be
  658  known as “trafficking in fentanyl,” punishable as provided in s.
  659  775.082, s. 775.083, or s. 775.084.
  660         b. If the quantity involved under sub-subparagraph a.:
  661         (I) Is 4 grams or more, but less than 14 grams, such person
  662  shall be sentenced to a mandatory minimum term of imprisonment
  663  of 3 years, and shall be ordered to pay a fine of $50,000.
  664         (II) Is 14 grams or more, but less than 28 grams, such
  665  person shall be sentenced to a mandatory minimum term of
  666  imprisonment of 15 years, and shall be ordered to pay a fine of
  667  $100,000.
  668         (III) Is 28 grams or more, such person shall be sentenced
  669  to a mandatory minimum term of imprisonment of 25 years, and
  670  shall be ordered to pay a fine of $500,000.
  671         5. A person who knowingly sells, purchases, manufactures,
  672  delivers, or brings into this state, or who is knowingly in
  673  actual or constructive possession of, 30 kilograms or more of
  674  any morphine, opium, oxycodone, hydrocodone, codeine,
  675  hydromorphone, or any salt, derivative, isomer, or salt of an
  676  isomer thereof, including heroin, as described in s.
  677  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  678  more of any mixture containing any such substance, commits the
  679  first degree felony of trafficking in illegal drugs. A person
  680  who has been convicted of the first degree felony of trafficking
  681  in illegal drugs under this subparagraph shall be punished by
  682  life imprisonment and is ineligible for any form of
  683  discretionary early release except pardon or executive clemency
  684  or conditional medical release under s. 945.0911 s. 947.149.
  685  However, if the court determines that, in addition to committing
  686  any act specified in this paragraph:
  687         a. The person intentionally killed an individual or
  688  counseled, commanded, induced, procured, or caused the
  689  intentional killing of an individual and such killing was the
  690  result; or
  691         b. The person’s conduct in committing that act led to a
  692  natural, though not inevitable, lethal result,
  693  
  694  such person commits the capital felony of trafficking in illegal
  695  drugs, punishable as provided in ss. 775.082 and 921.142. A
  696  person sentenced for a capital felony under this paragraph shall
  697  also be sentenced to pay the maximum fine provided under
  698  subparagraph 1.
  699         6. A person who knowingly brings into this state 60
  700  kilograms or more of any morphine, opium, oxycodone,
  701  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  702  isomer, or salt of an isomer thereof, including heroin, as
  703  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  704  60 kilograms or more of any mixture containing any such
  705  substance, and who knows that the probable result of such
  706  importation would be the death of a person, commits capital
  707  importation of illegal drugs, a capital felony punishable as
  708  provided in ss. 775.082 and 921.142. A person sentenced for a
  709  capital felony under this paragraph shall also be sentenced to
  710  pay the maximum fine provided under subparagraph 1.
  711         (g)1. Any person who knowingly sells, purchases,
  712  manufactures, delivers, or brings into this state, or who is
  713  knowingly in actual or constructive possession of, 4 grams or
  714  more of flunitrazepam or any mixture containing flunitrazepam as
  715  described in s. 893.03(1)(a) commits a felony of the first
  716  degree, which felony shall be known as “trafficking in
  717  flunitrazepam,” punishable as provided in s. 775.082, s.
  718  775.083, or s. 775.084. If the quantity involved:
  719         a. Is 4 grams or more but less than 14 grams, such person
  720  shall be sentenced to a mandatory minimum term of imprisonment
  721  of 3 years, and the defendant shall be ordered to pay a fine of
  722  $50,000.
  723         b. Is 14 grams or more but less than 28 grams, such person
  724  shall be sentenced to a mandatory minimum term of imprisonment
  725  of 7 years, and the defendant shall be ordered to pay a fine of
  726  $100,000.
  727         c. Is 28 grams or more but less than 30 kilograms, such
  728  person shall be sentenced to a mandatory minimum term of
  729  imprisonment of 25 calendar years and pay a fine of $500,000.
  730         2. Any person who knowingly sells, purchases, manufactures,
  731  delivers, or brings into this state or who is knowingly in
  732  actual or constructive possession of 30 kilograms or more of
  733  flunitrazepam or any mixture containing flunitrazepam as
  734  described in s. 893.03(1)(a) commits the first degree felony of
  735  trafficking in flunitrazepam. A person who has been convicted of
  736  the first degree felony of trafficking in flunitrazepam under
  737  this subparagraph shall be punished by life imprisonment and is
  738  ineligible for any form of discretionary early release except
  739  pardon or executive clemency or conditional medical release
  740  under s. 945.0911 s. 947.149. However, if the court determines
  741  that, in addition to committing any act specified in this
  742  paragraph:
  743         a. The person intentionally killed an individual or
  744  counseled, commanded, induced, procured, or caused the
  745  intentional killing of an individual and such killing was the
  746  result; or
  747         b. The person’s conduct in committing that act led to a
  748  natural, though not inevitable, lethal result,
  749  
  750  such person commits the capital felony of trafficking in
  751  flunitrazepam, punishable as provided in ss. 775.082 and
  752  921.142. Any person sentenced for a capital felony under this
  753  paragraph shall also be sentenced to pay the maximum fine
  754  provided under subparagraph 1.
  755         (3) Notwithstanding the provisions of s. 948.01, with
  756  respect to any person who is found to have violated this
  757  section, adjudication of guilt or imposition of sentence shall
  758  not be suspended, deferred, or withheld, nor shall such person
  759  be eligible for parole prior to serving the mandatory minimum
  760  term of imprisonment prescribed by this section. A person
  761  sentenced to a mandatory minimum term of imprisonment under this
  762  section is not eligible for any form of discretionary early
  763  release, except pardon or executive clemency or conditional
  764  medical release under s. 945.0911 s. 947.149, prior to serving
  765  the mandatory minimum term of imprisonment.
  766         Section 10. Subsection (2) of section 921.0024, Florida
  767  Statutes, is amended to read:
  768         921.0024 Criminal Punishment Code; worksheet computations;
  769  scoresheets.—
  770         (2) The lowest permissible sentence is the minimum sentence
  771  that may be imposed by the trial court, absent a valid reason
  772  for departure. The lowest permissible sentence is any nonstate
  773  prison sanction in which the total sentence points equals or is
  774  less than 44 points, unless the court determines within its
  775  discretion that a prison sentence, which may be up to the
  776  statutory maximums for the offenses committed, is appropriate.
  777  When the total sentence points exceeds 44 points, the lowest
  778  permissible sentence in prison months shall be calculated by
  779  subtracting 28 points from the total sentence points and
  780  decreasing the remaining total by 25 percent. The total sentence
  781  points shall be calculated only as a means of determining the
  782  lowest permissible sentence. The permissible range for
  783  sentencing shall be the lowest permissible sentence up to and
  784  including the statutory maximum, as defined in s. 775.082, for
  785  the primary offense and any additional offenses before the court
  786  for sentencing. The sentencing court may impose such sentences
  787  concurrently or consecutively. However, any sentence to state
  788  prison must exceed 1 year. If the lowest permissible sentence
  789  under the code exceeds the statutory maximum sentence as
  790  provided in s. 775.082, the sentence required by the code must
  791  be imposed. If the total sentence points are greater than or
  792  equal to 363, the court may sentence the offender to life
  793  imprisonment. An offender sentenced to life imprisonment under
  794  this section is not eligible for any form of discretionary early
  795  release, except executive clemency or conditional medical
  796  release under s. 945.0911 s. 947.149.
  797         Section 11. Paragraph (b) of subsection (7) of section
  798  944.605, Florida Statutes, is amended to read:
  799         944.605 Inmate release; notification; identification card.—
  800         (7)
  801         (b) Paragraph (a) does not apply to inmates who:
  802         1. The department determines have a valid driver license or
  803  state identification card, except that the department shall
  804  provide these inmates with a replacement state identification
  805  card or replacement driver license, if necessary.
  806         2. Have an active detainer, unless the department
  807  determines that cancellation of the detainer is likely or that
  808  the incarceration for which the detainer was issued will be less
  809  than 12 months in duration.
  810         3. Are released due to an emergency release or a
  811  conditional medical release under s. 945.0911 s. 947.149.
  812         4. Are not in the physical custody of the department at or
  813  within 180 days before release.
  814         5. Are subject to sex offender residency restrictions, and
  815  who, upon release under such restrictions, do not have a
  816  qualifying address.
  817         Section 12. Subsection (1) of section 944.70, Florida
  818  Statutes, is amended to read:
  819         944.70 Conditions for release from incarceration.—
  820         (1)(a) A person who is convicted of a crime committed on or
  821  after October 1, 1983, but before January 1, 1994, may be
  822  released from incarceration only:
  823         1. Upon expiration of the person’s sentence;
  824         2. Upon expiration of the person’s sentence as reduced by
  825  accumulated gain-time;
  826         3. As directed by an executive order granting clemency;
  827         4. Upon attaining the provisional release date;
  828         5. Upon placement in a conditional release program pursuant
  829  to s. 947.1405; or
  830         6. Upon the granting of control release pursuant to s.
  831  947.146.
  832         (b) A person who is convicted of a crime committed on or
  833  after January 1, 1994, may be released from incarceration only:
  834         1. Upon expiration of the person’s sentence;
  835         2. Upon expiration of the person’s sentence as reduced by
  836  accumulated meritorious or incentive gain-time;
  837         3. As directed by an executive order granting clemency;
  838         4. Upon placement in a conditional release program pursuant
  839  to s. 947.1405 or a conditional medical release program pursuant
  840  to s. 945.0911 s. 947.149; or
  841         5. Upon the granting of control release, including
  842  emergency control release, pursuant to s. 947.146.
  843         Section 13. Paragraph (h) of subsection (1) of section
  844  947.13, Florida Statutes, is amended to read:
  845         947.13 Powers and duties of commission.—
  846         (1) The commission shall have the powers and perform the
  847  duties of:
  848         (h) Determining what persons will be released on
  849  conditional medical release under s. 947.149, establishing the
  850  conditions of conditional medical release, and determining
  851  whether a person has violated the conditions of conditional
  852  medical release and taking action with respect to such a
  853  violation.
  854         Section 14. Section 947.141, Florida Statutes, is amended
  855  to read:
  856         947.141 Violations of conditional release, control release,
  857  or conditional medical release or addiction-recovery
  858  supervision.—
  859         (1) If a member of the commission or a duly authorized
  860  representative of the commission has reasonable grounds to
  861  believe that an offender who is on release supervision under s.
  862  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  863  the terms and conditions of the release in a material respect,
  864  such member or representative may cause a warrant to be issued
  865  for the arrest of the releasee; if the offender was found to be
  866  a sexual predator, the warrant must be issued.
  867         (2) Upon the arrest on a felony charge of an offender who
  868  is on release supervision under s. 947.1405, s. 947.146, s.
  869  947.149, or s. 944.4731, the offender must be detained without
  870  bond until the initial appearance of the offender at which a
  871  judicial determination of probable cause is made. If the trial
  872  court judge determines that there was no probable cause for the
  873  arrest, the offender may be released. If the trial court judge
  874  determines that there was probable cause for the arrest, such
  875  determination also constitutes reasonable grounds to believe
  876  that the offender violated the conditions of the release. Within
  877  24 hours after the trial court judge’s finding of probable
  878  cause, the detention facility administrator or designee shall
  879  notify the commission and the department of the finding and
  880  transmit to each a facsimile copy of the probable cause
  881  affidavit or the sworn offense report upon which the trial court
  882  judge’s probable cause determination is based. The offender must
  883  continue to be detained without bond for a period not exceeding
  884  72 hours excluding weekends and holidays after the date of the
  885  probable cause determination, pending a decision by the
  886  commission whether to issue a warrant charging the offender with
  887  violation of the conditions of release. Upon the issuance of the
  888  commission’s warrant, the offender must continue to be held in
  889  custody pending a revocation hearing held in accordance with
  890  this section.
  891         (3) Within 45 days after notice to the Florida Commission
  892  on Offender Review of the arrest of a releasee charged with a
  893  violation of the terms and conditions of conditional release,
  894  control release, conditional medical release, or addiction
  895  recovery supervision, the releasee must be afforded a hearing
  896  conducted by a commissioner or a duly authorized representative
  897  thereof. If the releasee elects to proceed with a hearing, the
  898  releasee must be informed orally and in writing of the
  899  following:
  900         (a) The alleged violation with which the releasee is
  901  charged.
  902         (b) The releasee’s right to be represented by counsel.
  903         (c) The releasee’s right to be heard in person.
  904         (d) The releasee’s right to secure, present, and compel the
  905  attendance of witnesses relevant to the proceeding.
  906         (e) The releasee’s right to produce documents on the
  907  releasee’s own behalf.
  908         (f) The releasee’s right of access to all evidence used
  909  against the releasee and to confront and cross-examine adverse
  910  witnesses.
  911         (g) The releasee’s right to waive the hearing.
  912         (4) Within a reasonable time following the hearing, the
  913  commissioner or the commissioner’s duly authorized
  914  representative who conducted the hearing shall make findings of
  915  fact in regard to the alleged violation. A panel of no fewer
  916  than two commissioners shall enter an order determining whether
  917  the charge of violation of conditional release, control release,
  918  conditional medical release, or addiction-recovery supervision
  919  has been sustained based upon the findings of fact presented by
  920  the hearing commissioner or authorized representative. By such
  921  order, the panel may revoke conditional release, control
  922  release, conditional medical release, or addiction-recovery
  923  supervision and thereby return the releasee to prison to serve
  924  the sentence imposed, reinstate the original order granting the
  925  release, or enter such other order as it considers proper.
  926  Effective for inmates whose offenses were committed on or after
  927  July 1, 1995, the panel may order the placement of a releasee,
  928  upon a finding of violation pursuant to this subsection, into a
  929  local detention facility as a condition of supervision.
  930         (5) Effective for inmates whose offenses were committed on
  931  or after July 1, 1995, notwithstanding the provisions of ss.
  932  775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
  933  951.23, or any other law to the contrary, by such order as
  934  provided in subsection (4), the panel, upon a finding of guilt,
  935  may, as a condition of continued supervision, place the releasee
  936  in a local detention facility for a period of incarceration not
  937  to exceed 22 months. Prior to the expiration of the term of
  938  incarceration, or upon recommendation of the chief correctional
  939  officer of that county, the commission shall cause inquiry into
  940  the inmate’s release plan and custody status in the detention
  941  facility and consider whether to restore the inmate to
  942  supervision, modify the conditions of supervision, or enter an
  943  order of revocation, thereby causing the return of the inmate to
  944  prison to serve the sentence imposed. The provisions of this
  945  section do not prohibit the panel from entering such other order
  946  or conducting any investigation that it deems proper. The
  947  commission may only place a person in a local detention facility
  948  pursuant to this section if there is a contractual agreement
  949  between the chief correctional officer of that county and the
  950  Department of Corrections. The agreement must provide for a per
  951  diem reimbursement for each person placed under this section,
  952  which is payable by the Department of Corrections for the
  953  duration of the offender’s placement in the facility. This
  954  section does not limit the commission’s ability to place a
  955  person in a local detention facility for less than 1 year.
  956         (6) Whenever a conditional release, control release,
  957  conditional medical release, or addiction-recovery supervision
  958  is revoked by a panel of no fewer than two commissioners and the
  959  releasee is ordered to be returned to prison, the releasee, by
  960  reason of the misconduct, shall be deemed to have forfeited all
  961  gain-time or commutation of time for good conduct, as provided
  962  for by law, earned up to the date of release. However, if a
  963  conditional medical release is revoked due to the improved
  964  medical or physical condition of the releasee, the releasee
  965  shall not forfeit gain-time accrued before the date of
  966  conditional medical release. This subsection does not deprive
  967  the prisoner of the right to gain-time or commutation of time
  968  for good conduct, as provided by law, from the date of return to
  969  prison.
  970         (7) If a law enforcement officer has probable cause to
  971  believe that an offender who is on release supervision under s.
  972  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  973  the terms and conditions of his or her release by committing a
  974  felony offense, the officer shall arrest the offender without a
  975  warrant, and a warrant need not be issued in the case.
  976         Section 15. This act shall take effect October 1, 2020.