Bill Text: FL H0439 | 2012 | Regular Session | Introduced

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Bill Title: Elderly Inmates

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Criminal Justice Subcommittee [H0439 Detail]

Download: Florida-2012-H0439-Introduced.html

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HB 439

1	A bill to be entitled
2	An act relating to elderly inmates; providing
3	legislative intent; creating s. 947.148, F.S.;
4	providing a short title; creating the Elderly
5	Rehabilitated Inmate Supervision Program to authorize
6	the Parole Commission to approve the early release of
7	certain elderly inmates; providing eligibility
8	requirements for an inmate to participate in the
9	program; requiring that the petition to participate in
10	the program include certain documents; authorizing
11	members of the public to be present at meetings of the
12	commission held to determine an inmate's eligibility
13	for the program; authorizing a victim to make an oral
14	statement or provide a written statement regarding the
15	granting, denying, or revoking of an inmate's
16	supervised release under the program; requiring that
17	the commission notify the victim or the victim's
18	family within a specified period regarding the filing
19	of a petition, the date of the commission's meeting,
20	and the commission's decision; authorizing the
21	commission to approve an inmate's participation in the
22	program under certain conditions; providing
23	eligibility requirements that the commission must
24	review; requiring an examiner to interview within a
25	specified time an inmate who has filed a petition for
26	supervised release under the program; authorizing the
27	postponement of the interview; requiring the examiner
28	to explain and review certain criteria during the
29	interview; requiring that the examiner recommend a
30	release date for the inmate; providing certain
31	conditions under which an inmate may not be released;
32	requiring a panel of commissioners to establish terms
33	and conditions of the supervised release under certain
34	circumstances; requiring that the inmate participate
35	in community service, submit to electronic monitoring,
36	and provide restitution to victims as a condition for
37	participating in the program; authorizing the
38	commission to impose special conditions of
39	supervision; authorizing the inmate to request a
40	review of the terms and conditions of his or her
41	program supervision; requiring a panel of
42	commissioners to render a decision within a specified
43	period regarding a request to modify or continue the
44	supervised release; providing that participation in
45	the program is voluntary; requiring the commission to
46	specify in writing the terms and conditions of
47	supervision and provide a certified copy to the
48	inmate; authorizing the trial court judge to enter an
49	order to retain jurisdiction over the offender;
50	providing a limitation of the trial court's
51	jurisdiction; providing for gain-time to accrue;
52	providing procedures if the trial court retains
53	jurisdiction of the inmate; requiring a correctional
54	probation officer to supervise an inmate who is
55	released under the program; authorizing the Department
56	of Corrections to conduct the program using
57	departmental employees or private agencies; requiring
58	the department and commission to adopt rules; creating
59	the Restorative Justice Pilot Program; requiring the
60	Department of Corrections to develop a pilot program
61	patterned after the juvenile justice program offered
62	by Neighborhood Restorative Justice Centers; requiring
63	that inmates who are eligible to participate in the
64	Elderly Rehabilitated Inmate Supervision Program be
65	given priority for participating in the pilot program;
66	providing that the pilot program be developed after
67	consultation with specified persons; authorizing the
68	department to conduct the pilot program using
69	departmental employees or private agencies; requiring
70	the department to adopt rules; amending s. 947.141,
71	F.S.; conforming provisions to changes made by the
72	act; authorizing a law enforcement officer or
73	correctional probation officer to arrest an inmate
74	under certain circumstances who has been released
75	under the Elderly Rehabilitated Inmate Supervision
76	Program; providing an effective date.
77
78	Be It Enacted by the Legislature of the State of Florida:
79
80	Section 1.  The Legislature recognizes the need to provide
81	a means for the release of older inmates who have demonstrated
82	that they have been rehabilitated while incarcerated. It is the
83	intent of the Legislature to address this issue by establishing
84	a conditional extension of the limits of confinement by
85	providing a mechanism for determining eligibility for early
86	release and supervising inmates who have been incarcerated for
87	at least 25 consecutive years and who are 60 years of age or
88	older. It is the Legislature's intent that the provisions of
89	this act be applied to include inmates who have previously been
90	sentenced as well as those who will be sentenced in the future.
91	The Legislature intends to provide for victim input and the
92	enforcement of penalties for those who fail to comply with
93	supervision while outside a prison facility. The Legislature
94	also intends that a pilot program patterned after the program
95	offered by Neighborhood Restorative Justice Centers be
96	implemented and offered to inmates who are eligible for release
97	under the Elderly Rehabilitated Inmate Supervision Program.
98	Section 2.  Section 947.148, Florida Statutes, is created
99	to read:
100	947.148  Elderly Rehabilitated Inmate Supervision Program.-
101	(1)  This section may be cited as the "Elderly
102	Rehabilitated Inmate Supervision Program Act."
103	(2)  As used in this section, the term "program" means the
104	Elderly Rehabilitated Inmate Supervision Program.
105	(3)  An inmate may petition the commission for supervised
106	release under the program if the inmate:
107	(a)  Is 60 years of age or older;
108	(b)  Has been convicted of a felony and has served at least
109	25 consecutive years of incarceration;
110	(c)  Is not eligible for parole or conditional medical
111	release;
112	(d)  Has not been sentenced for a capital felony;
113	(e)  Is not serving a minimum mandatory sentence; and
114	(f)  Has not received a disciplinary report within the
115	previous 6 months.
116	(4)  Each petition filed on behalf of an inmate to
117	participate in the program must contain:
118	(a)  A proposed release plan;
119	(b)  Documentation of the inmate's relevant medical
120	history, including current medical prognosis;
121	(c)  The inmate's prison experience and criminal history.
122	The criminal history must include any claim of innocence, the
123	degree to which the inmate accepts responsibility for his or her
124	acts leading to the conviction of the crime, and how the claim
125	of responsibility has affected the inmate's feelings of remorse;
126	(d)  Documentation of the inmate's history of substance
127	abuse and mental health;
128	(e)  Documentation of any disciplinary action taken against
129	the inmate while in prison;
130	(f)  Documentation of the inmate's participation in prison
131	work and other prison programs; and
132	(g)  Documentation of the inmate's renunciation of gang
133	affiliation.
134	(5)  An inmate may not file a new petition within 1 year
135	after receiving notification of denial of his or her petition to
136	participate in the program. Any petition that is filed before
137	the 1-year period ends shall be returned to the inmate, along
138	with a notation indicating the date that the petition may be
139	refiled.
140	(6)  All matters relating to the granting, denying, or
141	revoking of an inmate's supervised release in the program shall
142	be decided in a meeting at which the public may be present. A
143	victim of the crime committed by the inmate, a victim's parent
144	or guardian if the victim was a minor, a lawful representative
145	of the victim or of the victim's parent or guardian if the
146	victim was a minor, or a homicide victim's next of kin may make
147	an oral statement or submit a written statement regarding his or
148	her views as to the granting, denying, or revoking of
149	supervision. A person who is not a member or employee of the
150	commission, the victim of the crime committed by the inmate, the
151	victim's parent or guardian if the victim was a minor, a lawful
152	representative of the victim or of the victim's parent or
153	guardian if the victim was a minor, or a homicide victim's next
154	of kin may participate in deliberations concerning the granting
155	and revoking of an inmate's supervised release in the program
156	only upon the prior written approval of the chair of the
157	commission. The commission shall notify the victim, the victim's
158	parent or guardian if the victim was a minor, a lawful
159	representative of the victim or of the victim's parent or
160	guardian if the victim was a minor, or the victim's next of kin
161	if the victim is deceased no later than 30 days after the
162	petition is received by the commission, no later than 30 days
163	before the commission's meeting, and no later than 30 days after
164	the commission's decision.
165	(7)  The commission may approve an inmate for participation
166	in the program if the inmate demonstrates:
167	(a)  Successful participation in programs designed to
168	restore the inmate as a useful and productive person in the
169	community upon release;
170	(b)  Genuine reform and changed behavior over a period of
171	years;
172	(c)  Remorse for actions that have caused pain and
173	suffering to the victims of his or her offenses; and
174	(d)  A renunciation of criminal activity and gang
175	affiliation if the inmate was a member of a gang.
176	(8)  In considering eligibility for participation in the
177	program, the commission shall review the inmate's:
178	(a)  Entire criminal history and record;
179	(b)  Complete medical history, including history of
180	substance abuse, mental health, and current medical prognosis;
181	(c)  Prison disciplinary record;
182	(d)  Work record;
183	(e)  Participation in prison programs; and
184	(f)  Gang affiliation, if any.
185
186	The commission shall consider the inmate's responsibility for
187	the acts leading to the conviction, including any prior and
188	continued statements of innocence and the inmate's feelings of
189	remorse.
190	(9)(a)  An examiner shall interview the inmate within 90
191	days after a petition is filed on behalf of the inmate. An
192	interview may be postponed for a period not to exceed 90 days.
193	Such postponement must be for good cause, which includes, but
194	need not be limited to, the need for the commission to obtain a
195	presentence or postsentence investigation report or a violation
196	report. The reason for postponement shall be noted in writing
197	and included in the official record. A postponement for good
198	cause may not result in an interview being conducted later than
199	90 days after the inmate's initial scheduled interview.
200	(b)  During the interview, the examiner shall explain the
201	program to the inmate and review the inmate's institutional
202	conduct record, criminal history, medical history, work records,
203	participation in prison programs, gang affiliation, and release
204	plan for supervision under the program.
205	(c)  Within 10 days after the interview, the examiner shall
206	recommend in writing to a panel of no fewer than two
207	commissioners appointed by the chair a release date for the
208	inmate. The commissioners are not bound by the examiner's
209	recommended release date.
210	(10)  An inmate may not be placed in the program merely as
211	a reward for good conduct or efficient performance of duties
212	assigned in prison. An inmate may not be placed in the program
213	unless the commission finds that there is reasonable probability
214	that, if the inmate is placed in the program, he or she will
215	live and conduct himself or herself as a respectable and law-
216	abiding person and that the inmate's release will be compatible
217	with his or her own welfare and the welfare of society.
218	(11)  When the commission has accepted the petition,
219	approved the proposed release plan, and determined that the
220	inmate is eligible for the program, a panel of no fewer than two
221	commissioners shall establish the terms and conditions of the
222	supervision. When granting supervised release under the program,
223	the commission shall require the inmate to participate in 10
224	hours of community service for each year served in prison,
225	require that the inmate be subject to electronic monitoring for
226	at least 1 year, and require that reparation or restitution be
227	paid to the victim for the damage or loss caused by the offense
228	for which the inmate was imprisoned. The commission may elect
229	not to impose any or all of the conditions if it finds reasons
230	that it should not do so. If the commission does not order
231	restitution or orders only partial restitution, the commission
232	must state on the record the reasons for its decision. The
233	amount of such reparation or restitution shall be determined by
234	the commission.
235	(12)  The commission may impose any special conditions it
236	considers warranted from its review of the release plan and
237	inmate's record, including, but not limited to, a requirement
238	that the inmate:
239	(a)  Pay any debt due and owing to the state under s.
240	960.17 or pay attorney fees and costs that are owed to the state
241	under s. 938.29;
242	(b)  Not leave the state or a specified physical area
243	within the state without the consent of the commission;
244	(c)  Not associate with persons engaged in criminal
245	activity; and
246	(d)  Carry out the instructions of her or his supervising
247	correctional probation officer.
248	(13)(a)  An inmate may request a review of the terms and
249	conditions of his or her supervised release under the program. A
250	panel of at least two commissioners appointed by the chair shall
251	consider the inmate's request, render a written decision and the
252	reasons for the decision to continue or to modify the terms and
253	conditions of the program supervision, and inform the inmate of
254	the decision in writing within 30 days after the date of receipt
255	of the request for review. During any period of review of the
256	terms and conditions of supervision, the inmate shall be subject
257	to the authorized terms and conditions of supervision until such
258	time that a decision is made to continue or modify the terms and
259	conditions of supervision.
260	(b)  The length of supervision shall be the remaining
261	amount of time the inmate has yet to serve, including
262	calculations for gain-time credit, as determined by the
263	department.
264	(c)  An inmate's participation in the program is voluntary,
265	and the inmate must agree to abide by all conditions of release.
266	The commission, upon authorizing a supervision release date,
267	shall specify in writing the terms and conditions of the program
268	supervision and provide a certified copy of these terms and
269	conditions to the inmate.
270	(14)(a)  At the time of sentencing, the trial court judge
271	may enter an order retaining jurisdiction over the offender for
272	review of a release order by the commission under this section.
273	This jurisdiction of the trial court judge is limited to the
274	first one-third of the maximum sentence imposed. When a person
275	is convicted of two or more felonies and concurrent sentences
276	are imposed, the jurisdiction of the trial court applies to the
277	first one-third of the maximum sentence imposed for the most
278	severe felony for which the person was convicted. When any
279	person is convicted of two or more felonies and consecutive
280	sentences are imposed, the jurisdiction of the trial court judge
281	applies to one-third of the total consecutive sentences imposed.
282	(b)  In retaining jurisdiction for purposes of this
283	subsection, the trial court must state the justification with
284	individual particularity, and such justification shall be made a
285	part of the court record. A copy of the justification and the
286	uniform commitment form issued by the court pursuant to s.
287	944.17 shall be delivered to the department.
288	(c)  Gain-time as provided for by law shall accrue, except
289	that an offender over whom the trial court has retained
290	jurisdiction as provided in this subsection may not be released
291	during the first one-third of her or his sentence by reason of
292	gain-time.
293	(d)  In such a case of retained jurisdiction, the
294	commission, within 30 days after the entry of its release order,
295	shall send notice of its release order to the original
296	sentencing judge and to the appropriate state attorney. The
297	release order shall be made contingent upon entry of an order by
298	the appropriate circuit judge relinquishing jurisdiction as
299	provided for in paragraph (e). If the original sentencing judge
300	is no longer serving, notice shall be sent to the chief judge of
301	the circuit in which the offender was sentenced. The chief judge
302	may designate any circuit judge within the circuit to act in the
303	place of the original sentencing judge.
304	(e)  The original sentencing judge or her or his
305	replacement shall notify the commission within 10 days after
306	receipt of the notice provided for in paragraph (d) as to
307	whether the court desires to retain jurisdiction. If the
308	original sentencing judge or her or his replacement does not so
309	notify the commission within the 10-day period or notifies the
310	commission that the court does not desire to retain
311	jurisdiction, the commission may dispose of the matter as it
312	sees fit.
313	(f)  Upon receipt of notice of intent to retain
314	jurisdiction from the original sentencing judge or her or his
315	replacement, the commission shall, within 10 days, forward to
316	the court its release order, the examiner's report and
317	recommendation, and all supporting information upon which its
318	release order was based.
319	(g)  Within 30 days after receipt of the items listed in
320	paragraph (f), the original sentencing judge or her or his
321	replacement shall review the order, findings, and evidence. If
322	the judge finds that the order of the commission is not based on
323	competent, substantial evidence or that participation in the
324	program is not in the best interest of the community or the
325	inmate, the court may vacate the release order. The judge or her
326	or his replacement shall notify the commission of the decision
327	of the court, and, if the release order is vacated, such
328	notification must contain the evidence relied on and the reasons
329	for denial. A copy of the notice shall be sent to the inmate.
330	(15)  A correctional probation officer as defined in s.
331	943.10 shall supervise the inmate released under this program.
332	(16)  The department and commission shall adopt rules to
333	administer this section.
334	Section 3.  Restorative Justice Pilot Program.-
335	(1)  As used in this section, the term "pilot program"
336	means the Restorative Justice Pilot Program.
337	(2)  The department shall develop the pilot program that is
338	patterned after the program offered by the Neighborhood
339	Restorative Justice Centers established under s. 985.155,
340	Florida Statutes. The pilot program shall be implemented at one
341	prison for women and at two prisons for men. The portion of the
342	pilot program which includes classes on the effect that crime
343	has on victims shall be voluntary. Inmates who are eligible to
344	participate in the Elderly Rehabilitated Inmate Supervision
345	Program shall be given priority for participation in the pilot
346	program.
347	(3)  The pilot program created under this section shall be
348	developed after identifying a need in the community for the
349	pilot program through consultation with representatives of the
350	public, members of the judiciary, law enforcement agencies,
351	state attorneys, and defense attorneys.
352	(4)  The department may provide departmental staff to
353	conduct the pilot program or may contract with other public or
354	private agencies for the delivery of services related to the
355	pilot program.
356	(5)  The department shall adopt rules to administer this
357	section.
358	Section 4.  Section 947.141, Florida Statutes, is amended
359	to read:
360	947.141  Violations of conditional release, control
361	release, or conditional medical release, or addiction-recovery
362	supervision, or elderly rehabilitated inmate supervision.-
363	(1)  If a member of the commission or a duly authorized
364	representative of the commission has reasonable grounds to
365	believe that an offender who is on release supervision under s.
366	947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
367	violated the terms and conditions of the release in a material
368	respect, such member or representative may cause a warrant to be
369	issued for the arrest of the releasee; if the offender was found
370	to be a sexual predator, the warrant must be issued.
371	(2)  Upon the arrest on a felony charge of an offender who
372	is on release supervision under s. 947.1405, s. 947.146, s.
373	947.148, s. 947.149, or s. 944.4731, the offender must be
374	detained without bond until the initial appearance of the
375	offender at which a judicial determination of probable cause is
376	made. If the trial court judge determines that there was no
377	probable cause for the arrest, the offender may be released. If
378	the trial court judge determines that there was probable cause
379	for the arrest, such determination also constitutes reasonable
380	grounds to believe that the offender violated the conditions of
381	the release. Within 24 hours after the trial court judge's
382	finding of probable cause, the detention facility administrator
383	or designee shall notify the commission and the department of
384	the finding and transmit to each a facsimile copy of the
385	probable cause affidavit or the sworn offense report upon which
386	the trial court judge's probable cause determination is based.
387	The offender must continue to be detained without bond for a
388	period not exceeding 72 hours excluding weekends and holidays
389	after the date of the probable cause determination, pending a
390	decision by the commission whether to issue a warrant charging
391	the offender with violation of the conditions of release. Upon
392	the issuance of the commission's warrant, the offender must
393	continue to be held in custody pending a revocation hearing held
394	in accordance with this section.
395	(3)  Within 45 days after notice to the Parole Commission
396	of the arrest of a releasee charged with a violation of the
397	terms and conditions of conditional release, control release,
398	conditional medical release, or addiction-recovery supervision,
399	or elderly rehabilitated inmate supervision, the releasee must
400	be afforded a hearing conducted by a commissioner or a duly
401	authorized representative thereof. If the releasee elects to
402	proceed with a hearing, the releasee must be informed orally and
403	in writing of the following:
404	(a)  The alleged violation with which the releasee is
405	charged.
406	(b)  The releasee's right to be represented by counsel.
407	(c)  The releasee's right to be heard in person.
408	(d)  The releasee's right to secure, present, and compel
409	the attendance of witnesses relevant to the proceeding.
410	(e)  The releasee's right to produce documents on the
411	releasee's own behalf.
412	(f)  The releasee's right of access to all evidence used
413	against the releasee and to confront and cross-examine adverse
414	witnesses.
415	(g)  The releasee's right to waive the hearing.
416	(4)  Within a reasonable time following the hearing, the
417	commissioner or the commissioner's duly authorized
418	representative who conducted the hearing shall make findings of
419	fact in regard to the alleged violation. A panel of no fewer
420	than two commissioners shall enter an order determining whether
421	the charge of violation of conditional release, control release,
422	conditional medical release, or addiction-recovery supervision,
423	or elderly rehabilitated inmate supervision has been sustained
424	based upon the findings of fact presented by the hearing
425	commissioner or authorized representative. By such order, the
426	panel may revoke conditional release, control release,
427	conditional medical release, or addiction-recovery supervision,
428	or elderly rehabilitated inmate supervision and thereby return
429	the releasee to prison to serve the sentence imposed, reinstate
430	the original order granting the release, or enter such other
431	order as it considers proper. Effective for inmates whose
432	offenses were committed on or after July 1, 1995, the panel may
433	order the placement of a releasee, upon a finding of violation
434	pursuant to this subsection, into a local detention facility as
435	a condition of supervision.
436	(5)  Effective for inmates whose offenses were committed on
437	or after July 1, 1995, notwithstanding the provisions of ss.
438	775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
439	951.23, or any other law to the contrary, by such order as
440	provided in subsection (4), the panel, upon a finding of guilt,
441	may, as a condition of continued supervision, place the releasee
442	in a local detention facility for a period of incarceration not
443	to exceed 22 months. Prior to the expiration of the term of
444	incarceration, or upon recommendation of the chief correctional
445	officer of that county, the commission shall cause inquiry into
446	the inmate's release plan and custody status in the detention
447	facility and consider whether to restore the inmate to
448	supervision, modify the conditions of supervision, or enter an
449	order of revocation, thereby causing the return of the inmate to
450	prison to serve the sentence imposed. The provisions of this
451	section do not prohibit the panel from entering such other order
452	or conducting any investigation that it deems proper. The
453	commission may only place a person in a local detention facility
454	pursuant to this section if there is a contractual agreement
455	between the chief correctional officer of that county and the
456	Department of Corrections. The agreement must provide for a per
457	diem reimbursement for each person placed under this section,
458	which is payable by the Department of Corrections for the
459	duration of the offender's placement in the facility. This
460	section does not limit the commission's ability to place a
461	person in a local detention facility for less than 1 year.
462	(6)  Whenever a conditional release, control release,
463	conditional medical release, or addiction-recovery supervision,
464	or elderly rehabilitated inmate supervision is revoked by a
465	panel of no fewer than two commissioners and the releasee is
466	ordered to be returned to prison, the releasee, by reason of the
467	misconduct, shall be deemed to have forfeited all gain-time or
468	commutation of time for good conduct, as provided for by law,
469	earned up to the date of release. However, if a conditional
470	medical release is revoked due to the improved medical or
471	physical condition of the releasee, the releasee shall not
472	forfeit gain-time accrued before the date of conditional medical
473	release. This subsection does not deprive the prisoner of the
474	right to gain-time or commutation of time for good conduct, as
475	provided by law, from the date of return to prison.
476	(7)  If a law enforcement officer has probable cause to
477	believe that an offender who is on release supervision under s.
478	947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
479	violated the terms and conditions of his or her release by
480	committing a felony offense, the officer shall arrest the
481	offender without a warrant, and a warrant need not be issued in
482	the case.
483	(8)  When a law enforcement officer or a correctional
484	probation officer has reasonable grounds to believe that an
485	offender who is supervised under the Elderly Rehabilitated
486	Inmate Supervision Program has violated the terms and conditions
487	of her or his supervision in a material respect, the officer may
488	arrest the offender without warrant and bring her or him before
489	one or more commissioners or a duly authorized representative of
490	the commission. Proceedings shall take place when a warrant has
491	been issued by a member of the commission or a duly authorized
492	representative of the commission.
493	Section 5.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.