Bill Text: FL S0232 | 2021 | Regular Session | Comm Sub


Bill Title: Criminal Justice

Spectrum: Bipartisan Bill

Status: (Failed) 2021-04-30 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0232 Detail]

Download: Florida-2021-S0232-Comm_Sub.html
       Florida Senate - 2021                              CS for SB 232
       
       
        
       By the Committee on Criminal Justice; and Senator Brandes
       
       
       
       
       
       591-01972-21                                           2021232c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; creating s.
    3         900.06, F.S.; defining terms and specifying covered
    4         offenses; requiring that a custodial interrogation
    5         conducted at a place of detention in connection with
    6         covered offenses be electronically recorded in its
    7         entirety; requiring law enforcement officers who do
    8         not comply with the electronic recording requirement
    9         or who conduct custodial interrogations at a location
   10         other than a place of detention to prepare specified
   11         reports; providing exceptions to the electronic
   12         recording requirement; requiring a court to consider a
   13         law enforcement officer’s failure to comply with the
   14         electronic recording requirement in determining the
   15         admissibility of a statement, unless an exception
   16         applies; requiring a court, upon the request of a
   17         defendant, to give certain cautionary instructions to
   18         a jury under certain circumstances; providing immunity
   19         from civil liability to law enforcement agencies that
   20         enforce certain rules; providing that a cause of
   21         action is not created against a law enforcement
   22         officer; amending s. 921.1402, F.S.; revising the
   23         circumstances under which a juvenile offender is not
   24         entitled to a review of his or her sentence after a
   25         specified timeframe; creating s. 921.14021, F.S.;
   26         providing legislative intent; providing for
   27         retroactive application of a specified provision
   28         relating to a review of sentence for juvenile
   29         offenders convicted of murder; providing for immediate
   30         review of certain sentences; creating s. 921.1403,
   31         F.S.; providing legislative intent for retroactive
   32         application; defining the term “young adult offender”;
   33         precluding eligibility for a sentence review for young
   34         adult offenders who previously committed, or conspired
   35         to commit, murder; providing timeframes within which
   36         young adult offenders who commit specified crimes are
   37         entitled to a review of their sentences; providing
   38         applicability; requiring the Department of Corrections
   39         to notify young adult offenders in writing of their
   40         eligibility for a sentence review within certain
   41         timeframes; requiring a young adult offender seeking a
   42         sentence review or a subsequent sentence review to
   43         submit an application to the original sentencing court
   44         and request a hearing; providing for legal
   45         representation of eligible young adult offenders;
   46         providing for one subsequent review hearing for a
   47         young adult offender after a certain timeframe if he
   48         or she is not resentenced at the initial sentence
   49         review hearing; requiring the original sentencing
   50         court to hold a sentence review hearing upon receiving
   51         an application from an eligible young adult offender;
   52         requiring the court to consider certain factors in
   53         determining whether to modify a young adult offender’s
   54         sentence; authorizing a court to modify the sentence
   55         of certain young adult offenders if the court makes
   56         certain determinations; requiring the court to issue a
   57         written order stating certain information in specified
   58         circumstances; creating s. 945.0911, F.S.; providing
   59         legislative findings; establishing the conditional
   60         medical release program within the department;
   61         establishing a panel to consider specified matters;
   62         defining terms; providing for program eligibility;
   63         authorizing an inmate to be released on conditional
   64         medical release before serving 85 percent of his or
   65         her term of imprisonment; requiring any inmate who
   66         meets certain criteria to be considered for
   67         conditional medical release; providing that an inmate
   68         does not have a right to release or to a certain
   69         medical evaluation; requiring the department to
   70         identify eligible inmates; requiring the department to
   71         refer certain inmates to the panel for consideration;
   72         providing for victim notification under certain
   73         circumstances; requiring the panel to conduct a
   74         hearing within specified timeframes; specifying
   75         requirements for the hearing; providing conditions for
   76         release; requiring that inmates who are approved for
   77         conditional medical release be released from the
   78         department within a reasonable amount of time;
   79         providing a review process for an inmate who is denied
   80         conditional medical release; providing that an inmate
   81         is considered a medical releasee upon release from the
   82         department into the community; requiring medical
   83         releasees to comply with specified conditions;
   84         providing that medical releasees are considered to be
   85         in the custody, supervision, and control of the
   86         department; providing that the department does not
   87         have a duty to provide medical care to a medical
   88         releasee; providing that a medical releasee is
   89         eligible to earn or lose gain-time; prohibiting a
   90         medical releasee or his or her community-based housing
   91         from being counted in the prison system population and
   92         the prison capacity figures, respectively; providing
   93         for the revocation of a medical releasee’s conditional
   94         medical release; authorizing a medical releasee to be
   95         returned to the department’s custody if his or her
   96         medical or physical condition improves; authorizing
   97         the department to order a medical releasee to be
   98         returned for a revocation hearing or to remain in the
   99         community pending such hearing; authorizing the
  100         department to issue a warrant for the arrest of a
  101         medical releasee under certain circumstances;
  102         authorizing a medical releasee to admit to the
  103         allegation that his or her medical or physical
  104         condition improved or to proceed to a revocation
  105         hearing; requiring such hearing to be conducted by the
  106         panel; requiring certain evidence to be reviewed and a
  107         recommendation to be made before such hearing;
  108         requiring a majority of the panel members to agree
  109         that revocation of medical release is appropriate;
  110         requiring a medical releasee to be recommitted to the
  111         department to serve the balance of his or her sentence
  112         if a conditional medical release is revoked; providing
  113         that gain-time is not forfeited for revocation based
  114         on improvement in the medical releasee’s condition;
  115         providing a review process for a medical releasee who
  116         has his or her release revoked; authorizing a medical
  117         releasee to be recommitted if he or she violates any
  118         conditions of the release; authorizing certain persons
  119         to issue a warrant for the arrest of a medical
  120         releasee if certain conditions are met; authorizing a
  121         law enforcement or probation officer to arrest a
  122         medical releasee without a warrant under certain
  123         circumstances; requiring that a medical releasee be
  124         detained without bond if a violation is based on
  125         certain circumstances; authorizing a medical releasee
  126         to admit to the alleged violation or to proceed to a
  127         revocation hearing; requiring such hearing to be
  128         conducted by the panel; requiring a majority of the
  129         panel members to agree that revocation of medical
  130         release is appropriate; requiring specified medical
  131         releasees to be recommitted to the department upon the
  132         revocation of the conditional medical release;
  133         authorizing the forfeiture of gain-time if the
  134         revocation is based on certain violations; providing a
  135         review process for a medical releasee who has his or
  136         her release revoked; requiring that a medical releasee
  137         be given specified information in certain instances;
  138         requiring the panel to provide a written statement as
  139         to evidence relied on and reasons for revocation under
  140         certain circumstances; requiring a medical releasee
  141         whose conditional medical release is revoked and who
  142         is recommitted to the department to comply with the 85
  143         percent requirement upon recommitment; requiring the
  144         department to notify certain persons within a
  145         specified timeframe of an inmate’s diagnosis of a
  146         terminal medical condition; requiring the department
  147         to allow a visit between an inmate and certain persons
  148         within 7 days of a diagnosis of a terminal medical
  149         condition; requiring the department to initiate the
  150         conditional medical release review process immediately
  151         upon an inmate’s diagnosis of a terminal medical
  152         condition; requiring an inmate to consent to release
  153         of information under certain circumstances; providing
  154         that members of the panel have sovereign immunity
  155         related to specified decisions; providing rulemaking
  156         authority; creating s. 945.0912, F.S.; providing
  157         legislative findings; establishing the conditional
  158         aging inmate release program within the department;
  159         establishing a panel to consider specified matters;
  160         providing for program eligibility; providing that an
  161         inmate may be released on conditional aging inmate
  162         release before serving 85 percent of his or her term
  163         of imprisonment; prohibiting certain inmates from
  164         being considered for conditional aging inmate release;
  165         requiring that an inmate who meets certain criteria be
  166         considered for conditional aging inmate release;
  167         providing that an inmate does not have a right to
  168         release; requiring the department to identify eligible
  169         inmates; requiring the department to refer certain
  170         inmates to the panel for consideration; providing
  171         victim notification requirements under certain
  172         circumstances; requiring the panel to conduct a
  173         hearing within specified timeframes; specifying
  174         requirements for the hearing; requiring that inmates
  175         who are approved for conditional aging inmate release
  176         be released from the department within a reasonable
  177         amount of time; providing a review process for an
  178         inmate who is denied conditional aging inmate release;
  179         providing that an inmate is considered an aging
  180         releasee upon release from the department into the
  181         community; providing conditions for release; providing
  182         that aging releasees are considered to be in the
  183         custody, supervision, and control of the department;
  184         providing that the department does not have a duty to
  185         provide medical care to an aging releasee; providing
  186         that an aging releasee is eligible to earn or lose
  187         gain-time; prohibiting an aging releasee or his or her
  188         community-based housing from being counted in the
  189         prison system population and the prison capacity
  190         figures, respectively; providing for the revocation of
  191         conditional aging inmate release; authorizing the
  192         department to issue a warrant for the arrest of an
  193         aging releasee under certain circumstances;
  194         authorizing a law enforcement or probation officer to
  195         arrest an aging releasee without a warrant under
  196         certain circumstances; requiring that an aging
  197         releasee be detained without bond if a violation is
  198         based on certain circumstances; requiring the
  199         department to order an aging releasee subject to
  200         revocation to be returned to department custody for a
  201         revocation hearing; authorizing an aging releasee to
  202         admit to his or her alleged violation or to proceed to
  203         a revocation hearing; requiring such hearing to be
  204         conducted by the panel; requiring a majority of the
  205         panel to agree that revocation is appropriate;
  206         authorizing the forfeiture of gain-time if the
  207         revocation is based on certain violations; requiring
  208         an aging releasee whose conditional aging inmate
  209         release is revoked and who is recommitted to the
  210         department to comply with the 85 percent requirement
  211         upon recommitment; providing a review process for an
  212         aging releasee who has his or her release revoked;
  213         requiring an aging releasee to be given specified
  214         information in certain instances; requiring the panel
  215         to provide a written statement as to evidence relied
  216         on and reasons for revocation under certain
  217         circumstances; providing that members of the panel
  218         have sovereign immunity related to specified
  219         decisions; providing rulemaking authority; repealing
  220         s. 947.149, F.S., relating to conditional medical
  221         release; amending ss. 316.1935, 775.084, 775.087,
  222         784.07, 790.235, 794.0115, 893.135, 921.0024, 944.605,
  223         944.70, 947.13, and 947.141, F.S.; conforming
  224         provisions to changes made by the act; providing an
  225         effective date.
  226          
  227  Be It Enacted by the Legislature of the State of Florida:
  228  
  229         Section 1. Section 900.06, Florida Statutes, is created to
  230  read:
  231         900.06 Recording of custodial interrogations for certain
  232  offenses.—
  233         (1) As used in this section, the term:
  234         (a)“Covered offense” includes:
  235         1. Arson.
  236         2. Sexual battery.
  237         3. Robbery.
  238         4. Kidnapping.
  239         5. Aggravated child abuse.
  240         6. Aggravated abuse of an elderly person or a disabled
  241  adult.
  242         7. Aggravated assault with a deadly weapon.
  243         8. Murder.
  244         9. Manslaughter.
  245         10. Aggravated manslaughter of an elderly person or a
  246  disabled adult.
  247         11. Aggravated manslaughter of a child.
  248         12. The unlawful throwing, placing, or discharging of a
  249  destructive device or bomb.
  250         13. Armed burglary.
  251         14. Aggravated battery.
  252         15. Aggravated stalking.
  253         16. Home-invasion robbery.
  254         17. Carjacking.
  255         (b) “Custodial interrogation” means questioning or other
  256  conduct by a law enforcement officer which is reasonably likely
  257  to elicit an incriminating response from an individual and which
  258  occurs under circumstances in which a reasonable individual in
  259  the same circumstances would consider himself or herself to be
  260  in the custody of a law enforcement agency.
  261         (c) “Electronic recording” means an audio recording or an
  262  audio and video recording that accurately records a custodial
  263  interrogation.
  264         (d) “Place of detention” means a police station, sheriff’s
  265  office, correctional facility, prisoner holding facility, county
  266  detention facility, or other governmental facility where an
  267  individual may be held in connection with a criminal charge that
  268  has been or may be filed against the individual.
  269         (e) “Statement” means a communication that is oral,
  270  written, electronic, nonverbal, or in sign language.
  271         (2)(a) A custodial interrogation at a place of detention,
  272  including the giving of a required warning, the advisement of
  273  the rights of the individual being questioned, and the waiver of
  274  any rights by the individual, must be electronically recorded in
  275  its entirety if the interrogation is related to a covered
  276  offense.
  277         (b) If a law enforcement officer conducts a custodial
  278  interrogation at a place of detention without electronically
  279  recording the interrogation, the officer must prepare a written
  280  report explaining why he or she did not record the
  281  interrogation.
  282         (c) As soon as practicable, a law enforcement officer who
  283  conducts a custodial interrogation at a location other than a
  284  place of detention shall prepare a written report explaining the
  285  circumstances of the interrogation and summarizing the custodial
  286  interrogation process and the individual’s statements.
  287         (d) Paragraph (a) does not apply:
  288         1. If an unforeseen equipment malfunction prevents the
  289  recording of the custodial interrogation in its entirety;
  290         2. If a suspect refuses to participate in a custodial
  291  interrogation if his or her statements are to be electronically
  292  recorded;
  293         3. If an equipment operator error prevents the recording of
  294  the custodial interrogation in its entirety;
  295         4. If the statement is made spontaneously and not in
  296  response to a custodial interrogation question;
  297         5. If the statement is made during the processing of the
  298  arrest of a suspect;
  299         6. If the custodial interrogation occurs when the law
  300  enforcement officer participating in the interrogation does not
  301  have any knowledge of facts and circumstances that would lead an
  302  officer to reasonably believe that the individual being
  303  interrogated may have committed a covered offense;
  304         7. If the law enforcement officer conducting the custodial
  305  interrogation reasonably believes that making an electronic
  306  recording would jeopardize the safety of the officer, the
  307  individual being interrogated, or others; or
  308         8. If the custodial interrogation is conducted outside of
  309  this state.
  310         (3) Unless a court finds that one or more of the
  311  circumstances specified in paragraph (2)(d) apply, the court
  312  must consider the circumstances of an interrogation conducted by
  313  a law enforcement officer in which he or she did not
  314  electronically record all or part of a custodial interrogation
  315  in determining whether a statement made during the interrogation
  316  is admissible. If the court admits into evidence a statement
  317  made during a custodial interrogation which was not
  318  electronically recorded as required under paragraph (2)(a), the
  319  court must, upon request of the defendant, give cautionary
  320  instructions to the jury regarding the law enforcement officer’s
  321  failure to comply with that requirement.
  322         (4) A law enforcement agency in this state which has
  323  adopted rules that are reasonably designed to ensure compliance
  324  with the requirements of this section is not subject to civil
  325  liability for damages arising from a violation of this section
  326  provided the agency enforces such rules. This section does not
  327  create a cause of action against a law enforcement officer.
  328         Section 2. Paragraph (a) of subsection (2) and subsection
  329  (4) of section 921.1402, Florida Statutes, are amended to read:
  330         921.1402 Review of sentences for persons convicted of
  331  specified offenses committed while under the age of 18 years.—
  332         (2)(a) A juvenile offender sentenced under s.
  333  775.082(1)(b)1. is entitled to a review of his or her sentence
  334  after 25 years. However, a juvenile offender is not entitled to
  335  a review if he or she has previously been convicted of
  336  committing one of the following offenses, or of conspiracy to
  337  commit one of the following offenses, murder if the murder
  338  offense for which the person was previously convicted was part
  339  of a separate criminal transaction or episode than the murder
  340  that which resulted in the sentence under s. 775.082(1)(b)1.:
  341         1. Murder;
  342         2. Manslaughter;
  343         3. Sexual battery;
  344         4. Armed burglary;
  345         5. Armed robbery;
  346         6. Armed carjacking;
  347         7. Home-invasion robbery;
  348         8. Human trafficking for commercial sexual activity with a
  349  child under 18 years of age;
  350         9. False imprisonment under s. 787.02(3)(a); or
  351         10. Kidnapping.
  352         (4) A juvenile offender seeking a sentence review pursuant
  353  to subsection (2) must submit an application to the court of
  354  original jurisdiction requesting that a sentence review hearing
  355  be held. The juvenile offender must submit a new application to
  356  the court of original jurisdiction to request subsequent
  357  sentence review hearings pursuant to paragraph (2)(d). The
  358  sentencing court shall retain original jurisdiction for the
  359  duration of the sentence for this purpose.
  360         Section 3. Section 921.14021, Florida Statutes, is created
  361  to read:
  362         921.14021 Retroactive application relating to s. 921.1402;
  363  legislative intent; review of sentence.—
  364         (1) It is the intent of the Legislature to retroactively
  365  apply the amendments made to s. 921.1402 which are effective on
  366  October 1, 2021, only as provided in this section, to juvenile
  367  offenders convicted of a capital offense and sentenced under s.
  368  775.082(1)(b)1. who have been ineligible for sentence review
  369  hearings because of a previous conviction of an offense
  370  enumerated in s. 921.1402(2)(a), thereby providing such juvenile
  371  offenders with an opportunity for consideration by a court and
  372  an opportunity for release if deemed appropriate under law.
  373         (2) A juvenile offender, as defined in s. 921.1402, who was
  374  convicted for a capital offense and sentenced under s.
  375  775.082(1)(b)1., and who was ineligible for a sentence review
  376  hearing pursuant to s. 921.1402(2)(a)2.-10. as it existed before
  377  October 1, 2021, is entitled to a review of his or her sentence
  378  after 25 years or, if on October 1, 2021, 25 years have already
  379  passed since the sentencing, immediately.
  380         Section 4. Section 921.1403, Florida Statutes, is created
  381  to read:
  382         921.1403Review of sentences for persons convicted of
  383  specified offenses committed while under 25 years of age.—
  384         (1) It is the intent of the Legislature to retroactively
  385  apply this section which take effect October 1, 2021.
  386         (2) As used in this section, the term “young adult
  387  offender” means a person who committed an offense before he or
  388  she reached 25 years of age and for which he or she is sentenced
  389  to a term of years in the custody of the Department of
  390  Corrections, regardless of the date of sentencing.
  391         (3)A young adult offender is not entitled to a sentence
  392  review under this section if he or she has previously been
  393  convicted of committing, or of conspiring to commit, murder if
  394  the murder offense for which the person was previously convicted
  395  was part of a separate criminal transaction or episode than the
  396  murder that resulted in the sentence under s. 775.082(3)(a)1.,
  397  2., 3., or 4. or (b)1. or than the human trafficking for
  398  commercial sexual activity that resulted in the sentence under
  399  s. 775.082(3)(a)6.
  400         (4)(a)1.A young adult offender who is convicted of an
  401  offense that is a life felony, that is punishable by a term of
  402  years not exceeding life imprisonment, or that was reclassified
  403  as a life felony and he or she is sentenced to a term of more
  404  than 20 years under s. 775.082(3)(a)1., 2., 3., 4., or 6., is
  405  entitled to a review of his or her sentence after 20 years.
  406         2. This paragraph does not apply to a person who is
  407  eligible for sentencing under s. 775.082(3)(a)5. or (c).
  408         (b)A young adult offender who is convicted of an offense
  409  that is a felony of the first degree or that was reclassified as
  410  a felony of the first degree and who is sentenced to a term of
  411  more than 15 years under s. 775.082(3)(b)1. is entitled to a
  412  review of his or her sentence after 15 years.
  413         (5) The Department of Corrections must notify a young adult
  414  offender in writing of his or her eligibility to request a
  415  sentence review hearing 18 months before the young adult
  416  offender is entitled to a sentence review hearing or notify him
  417  or her immediately in writing if the offender is eligible as of
  418  October 1, 2021.
  419         (6) A young adult offender seeking a sentence review
  420  hearing under this section must submit an application to the
  421  court of original jurisdiction requesting that a sentence review
  422  hearing be held. The young adult offender must submit a new
  423  application to the court of original jurisdiction to request a
  424  subsequent sentence review hearing pursuant to subsection (8).
  425  The sentencing court shall retain original jurisdiction for the
  426  duration of the sentence for this purpose.
  427         (7) A young adult offender who is eligible for a sentence
  428  review hearing under this section is entitled to be represented
  429  by counsel, and the court shall appoint a public defender to
  430  represent the young adult offender if he or she cannot afford an
  431  attorney.
  432         (8) If the young adult offender seeking a sentence review
  433  under paragraph (4)(a) or paragraph (4)(b) is not resentenced at
  434  the initial sentence review hearing, he or she is eligible for
  435  one subsequent review hearing 5 years after the initial review
  436  hearing.
  437         (9) Upon receiving an application from an eligible young
  438  adult offender, the original sentencing court must hold a
  439  sentence review hearing to determine whether to modify the young
  440  adult offender’s sentence. When determining if it is appropriate
  441  to modify the young adult offender’s sentence, the court must
  442  consider any factor it deems appropriate, including, but not
  443  limited to:
  444         (a) Whether the young adult offender demonstrates maturity
  445  and rehabilitation.
  446         (b) Whether the young adult offender remains at the same
  447  level of risk to society as he or she did at the time of the
  448  initial sentencing.
  449         (c) The opinion of the victim or the victim’s next of kin.
  450  The absence of the victim or the victim’s next of kin from the
  451  sentence review hearing may not be a factor in the determination
  452  of the court under this section. The court must allow the victim
  453  or victim’s next of kin to be heard in person, in writing, or by
  454  electronic means. If the victim or the victim’s next of kin
  455  chooses not to participate in the hearing, the court may
  456  consider previous statements made by the victim or the victim’s
  457  next of kin during the trial, initial sentencing phase, or
  458  previous sentencing review hearings.
  459         (d) Whether the young adult offender was a relatively minor
  460  participant in the criminal offense or whether he or she acted
  461  under extreme duress or under the domination of another person.
  462         (e) Whether the young adult offender has shown sincere and
  463  sustained remorse for the criminal offense.
  464         (f) Whether the young adult offender’s age, maturity, or
  465  psychological development at the time of the offense affected
  466  his or her behavior.
  467         (g) Whether the young adult offender has successfully
  468  obtained a high school equivalency diploma or completed another
  469  educational, technical, work, vocational, or self-rehabilitation
  470  program, if such a program is available.
  471         (h) Whether the young adult offender was a victim of
  472  sexual, physical, or emotional abuse before he or she committed
  473  the offense.
  474         (i) The results of any mental health assessment, risk
  475  assessment, or evaluation of the young adult offender as to
  476  rehabilitation.
  477         (10)(a) If the court determines at a sentence review
  478  hearing that the young adult offender who is seeking a sentence
  479  review under paragraph (4)(a) has been rehabilitated and is
  480  reasonably believed to be fit to reenter society, the court may
  481  modify the sentence and impose a term of probation of at least 5
  482  years.
  483         (b) If the court determines at a sentence review hearing
  484  that the young adult offender who is seeking a sentence review
  485  under paragraph (4)(b) has been rehabilitated and is reasonably
  486  believed to be fit to reenter society, the court may modify the
  487  sentence and impose a term of probation of at least 3 years.
  488         (c) If the court determines that the young adult offender
  489  seeking a sentence review under paragraph (4)(a) or paragraph
  490  (4)(b) has not demonstrated rehabilitation or is not fit to
  491  reenter society, the court must issue a written order stating
  492  the reasons why the sentence is not being modified.
  493         Section 5. Section 945.0911, Florida Statutes, is created
  494  to read:
  495         945.0911 Conditional medical release.—
  496         (1) FINDINGS.—The Legislature finds that the number of
  497  inmates with terminal medical conditions or who are suffering
  498  from severe debilitating or incapacitating medical conditions
  499  who are incarcerated in the state’s prisons has grown
  500  significantly in recent years. Further, the Legislature finds
  501  that the condition of inmates who are terminally ill or
  502  suffering from a debilitating or incapacitating condition may be
  503  exacerbated by imprisonment due to the stress linked to prison
  504  life. The Legislature also finds that recidivism rates are
  505  greatly reduced with inmates suffering from such medical
  506  conditions who are released into the community. Therefore, the
  507  Legislature finds that it is of great public importance to find
  508  a compassionate solution to the challenges presented by the
  509  imprisonment of inmates who are terminally ill or are suffering
  510  from a debilitating or incapacitating condition while also
  511  ensuring that the public safety of Florida’s communities remains
  512  protected.
  513         (2) CREATION.—There is established a conditional medical
  514  release program within the department for the purpose of
  515  determining whether release is appropriate for eligible inmates,
  516  supervising the released inmates, and conducting revocation
  517  hearings as provided for in this section. The establishment of
  518  the conditional medical release program must include a panel of
  519  at least three people appointed by the secretary or his or her
  520  designee for the purpose of determining the appropriateness of
  521  conditional medical release and conducting revocation hearings
  522  on the inmate releases.
  523         (3)DEFINITIONS.—As used in this section, the term:
  524         (a) “Inmate with a debilitating illness” means an inmate
  525  who is determined to be suffering from a significant terminal or
  526  nonterminal condition, disease, or syndrome that has rendered
  527  the inmate so physically or cognitively impaired, debilitated,
  528  or incapacitated as to create a reasonable probability that the
  529  inmate does not constitute a danger to himself or herself or to
  530  others.
  531         (b) “Permanently incapacitated inmate” means an inmate who
  532  has a condition caused by injury, disease, or illness which, to
  533  a reasonable degree of medical certainty, renders the inmate
  534  permanently and irreversibly physically incapacitated to the
  535  extent that the inmate does not constitute a danger to himself
  536  or herself or to others.
  537         (c) “Terminally ill inmate” means an inmate who has a
  538  condition caused by injury, disease, or illness which, to a
  539  reasonable degree of medical certainty, renders the inmate
  540  terminally ill to the extent that there can be no recovery,
  541  death is expected within 12 months, and the inmate does not
  542  constitute a danger to himself or herself or to others.
  543         (4) ELIGIBILITY.—An inmate is eligible for consideration
  544  for release under the conditional medical release program when
  545  the inmate, because of an existing medical or physical
  546  condition, is determined by the department to be an inmate with
  547  a debilitating illness, a permanently incapacitated inmate, or a
  548  terminally ill inmate. Notwithstanding any other law, an inmate
  549  who meets this eligibility criteria may be released from the
  550  custody of the department pursuant to this section before
  551  serving 85 percent of his or her term of imprisonment.
  552         (5) REFERRAL FOR CONSIDERATION.—
  553         (a)1.Notwithstanding any law to the contrary, any inmate
  554  in the custody of the department who meets one or more of the
  555  eligibility requirements under subsection (4) must be considered
  556  for conditional medical release.
  557         2. The authority to grant conditional medical release rests
  558  solely with the department. An inmate does not have a right to
  559  release or to a medical evaluation to determine eligibility for
  560  release pursuant to this section.
  561         (b) The department must identify inmates who may be
  562  eligible for conditional medical release based upon available
  563  medical information. In considering an inmate for conditional
  564  medical release, the department may require additional medical
  565  evidence, including examinations of the inmate, or any other
  566  additional investigations the department deems necessary for
  567  determining the appropriateness of the eligible inmate’s
  568  release.
  569         (c) The department must refer an inmate to the panel
  570  established under subsection (2) for review and determination of
  571  conditional medical release upon his or her identification as
  572  potentially eligible for release pursuant to this section.
  573         (d) If the case that resulted in the inmate’s commitment to
  574  the department involved a victim, and the victim specifically
  575  requested notification pursuant to s. 16, Art. I of the State
  576  Constitution, the department must notify the victim of the
  577  inmate’s referral to the panel upon identification of the inmate
  578  as potentially eligible for release under this section.
  579  Additionally, the victim must be afforded the right to be heard
  580  regarding the release of the inmate.
  581         (6) DETERMINATION OF RELEASE.—
  582         (a)The panel established in subsection (2) must conduct a
  583  hearing to determine whether conditional medical release is
  584  appropriate for the inmate. Before the hearing, the director of
  585  inmate health services or his or her designee must review any
  586  relevant information, including, but not limited to, medical
  587  evidence, and provide the panel with a recommendation regarding
  588  the appropriateness of releasing the inmate pursuant to this
  589  section. The hearing must be conducted by the panel:
  590         1. By April 1, 2022, if the inmate is immediately eligible
  591  for consideration for the conditional medical release program
  592  when this section takes effect on October 1, 2021.
  593         2. By July 1, 2022, if the inmate becomes eligible for
  594  consideration for the conditional medical release program after
  595  October 1, 2021, but before July 1, 2022.
  596         3. Within 45 days after receiving the referral if the
  597  inmate becomes eligible for conditional medical release any time
  598  on or after July 1, 2022.
  599         (b) A majority of the panel members must agree that the
  600  inmate is appropriate for release pursuant to this section. If
  601  conditional medical release is approved, the inmate must be
  602  released by the department to the community within a reasonable
  603  amount of time with necessary release conditions imposed
  604  pursuant to subsection (7).
  605         (c)1. An inmate who is denied conditional medical release
  606  by the panel may elect to have the decision reviewed by the
  607  department’s general counsel and chief medical officer, who must
  608  make a recommendation to the secretary. The secretary must
  609  review all relevant information and make a final decision about
  610  the appropriateness of conditional medical release pursuant to
  611  this section. The decision of the secretary is a final
  612  administrative decision not subject to appeal.
  613         2. An inmate who requests to have the decision reviewed in
  614  accordance with this paragraph must do so in a manner prescribed
  615  by rule. An inmate who is denied conditional medical release may
  616  subsequently be reconsidered for such release in a manner
  617  prescribed by department rule.
  618         (7) RELEASE CONDITIONS.—
  619         (a) An inmate granted release pursuant to this section is
  620  released for a period equal to the length of time remaining on
  621  his or her term of imprisonment on the date the release is
  622  granted. Such inmate is considered a medical releasee upon
  623  release from the department into the community. The medical
  624  releasee must comply with all reasonable conditions of release
  625  the department imposes, which must include, at a minimum:
  626         1. Periodic medical evaluations at intervals determined by
  627  the department at the time of release.
  628         2. Supervision by an officer trained to handle special
  629  offender caseloads.
  630         3. Active electronic monitoring, if such monitoring is
  631  determined to be necessary to ensure the safety of the public
  632  and the medical releasee’s compliance with release conditions.
  633         4. Any conditions of community control provided for in s.
  634  948.101.
  635         5. Any other conditions the department deems appropriate to
  636  ensure the safety of the community and compliance by the medical
  637  releasee.
  638         (b) A medical releasee is considered to be in the custody,
  639  supervision, and control of the department, which, for purposes
  640  of this section, does not create a duty for the department to
  641  provide the medical releasee with medical care upon release into
  642  the community. The medical releasee remains eligible to earn or
  643  lose gain-time in accordance with s. 944.275 and department
  644  rule. The medical releasee may not be counted in the prison
  645  system population and the medical releasee’s approved community
  646  based housing location may not be counted in the capacity
  647  figures for the prison system.
  648         (8) REVOCATION HEARING AND RECOMMITMENT.—
  649         (a) The department may terminate a medical releasee’s
  650  conditional medical release and return him or her to the same or
  651  another institution designated by the department.
  652         (b)1.If a medical releasee’s supervision officer or a duly
  653  authorized representative of the department discovers that the
  654  medical or physical condition of the medical releasee has
  655  improved to the extent that he or she would no longer be
  656  eligible for release under this section, the conditional medical
  657  release may be revoked. The department may order, as prescribed
  658  by department rule, that the medical releasee be returned to the
  659  custody of the department for a conditional medical release
  660  revocation hearing or may allow the medical releasee to remain
  661  in the community pending the revocation hearing. If the
  662  department elects to order the medical releasee to be returned
  663  to custody pending the revocation hearing, the officer or duly
  664  authorized representative may cause a warrant to be issued for
  665  the arrest of the medical releasee.
  666         2. A medical releasee may admit to the allegation of
  667  improved medical or physical condition or may elect to proceed
  668  to a revocation hearing. The revocation hearing must be
  669  conducted by the panel established in subsection (2). Before a
  670  revocation hearing pursuant to this paragraph, the director of
  671  inmate health services or his or her designee must review any
  672  medical evidence pertaining to the medical releasee and provide
  673  the panel with a recommendation regarding the medical releasee’s
  674  improvement and current medical or physical condition.
  675         3. A majority of the panel members must agree that
  676  revocation is appropriate for a medical releasee’s conditional
  677  medical release to be revoked. If conditional medical release is
  678  revoked due to improvement in his or her medical or physical
  679  condition, the medical releasee must be recommitted to the
  680  department to serve the balance of his or her sentence in an
  681  institution designated by the department with credit for the
  682  time served on conditional medical release and without
  683  forfeiture of any gain-time accrued before recommitment. If the
  684  medical releasee whose conditional medical release is revoked
  685  due to an improvement in his or her medical or physical
  686  condition would otherwise be eligible for parole or any other
  687  release program, he or she may be considered for such release
  688  program pursuant to law.
  689         4. A medical releasee whose conditional medical release is
  690  revoked pursuant to this paragraph may elect to have the
  691  decision reviewed by the department’s general counsel and chief
  692  medical officer, who must make a recommendation to the
  693  secretary. The secretary must review all relevant information
  694  and make a final decision about the appropriateness of the
  695  revocation of conditional medical release pursuant to this
  696  paragraph. The decision of the secretary is a final
  697  administrative decision not subject to appeal.
  698         (c)1. The medical releasee’s conditional medical release
  699  may also be revoked for violation of any release conditions the
  700  department establishes, including, but not limited to, a new
  701  violation of law.
  702         2. If a duly authorized representative of the department
  703  has reasonable grounds to believe that a medical releasee has
  704  violated the conditions of his or her release in a material
  705  respect, such representative may cause a warrant to be issued
  706  for the arrest of the medical releasee. A law enforcement
  707  officer or a probation officer may arrest the medical releasee
  708  without a warrant in accordance with s. 948.06 if there are
  709  reasonable grounds to believe he or she has violated the terms
  710  and conditions of his or her conditional medical release. The
  711  law enforcement officer must report the medical releasee’s
  712  alleged violations to the supervising probation office or the
  713  department’s emergency action center for initiation of
  714  revocation proceedings as prescribed by department rule.
  715         3. If the basis of the violation of release conditions is
  716  related to a new violation of law, the medical releasee must be
  717  detained without bond until his or her initial appearance, at
  718  which time a judicial determination of probable cause is made.
  719  If the judge determines that there was no probable cause for the
  720  arrest, the medical releasee may be released. A judicial
  721  determination of probable cause also constitutes reasonable
  722  grounds to believe that the medical releasee violated the
  723  conditions of the conditional medical release.
  724         4. The department must order that the medical releasee
  725  subject to revocation under this paragraph be returned to
  726  department custody for a conditional medical release revocation
  727  hearing. A medical releasee may admit to the alleged violation
  728  of the conditions of conditional medical release or may elect to
  729  proceed to a revocation hearing. The revocation hearing must be
  730  conducted by the panel established in subsection (2).
  731         5. A majority of the panel members must agree that
  732  revocation is appropriate for the medical releasee’s conditional
  733  medical release to be revoked. If conditional medical release is
  734  revoked pursuant to this paragraph, the medical releasee must
  735  serve the balance of his or her sentence in an institution
  736  designated by the department with credit for the actual time
  737  served on conditional medical release. The releasee’s gain-time
  738  accrued before recommitment may be forfeited pursuant to s.
  739  944.28(1). If the medical releasee whose conditional medical
  740  release is revoked subject to this paragraph would otherwise be
  741  eligible for parole or any other release program, he or she may
  742  be considered for such release program pursuant to law.
  743         6. A medical releasee whose conditional medical release has
  744  been revoked pursuant to this paragraph may elect to have the
  745  revocation reviewed by the department’s general counsel, who
  746  must make a recommendation to the secretary. The secretary must
  747  review all relevant information and make a final decision about
  748  the appropriateness of the revocation of conditional medical
  749  release pursuant to this paragraph. The decision of the
  750  secretary is a final administrative decision not subject to
  751  appeal.
  752         (d)1. If the medical releasee subject to revocation under
  753  paragraph (b) or paragraph (c) elects to proceed with a hearing,
  754  the medical releasee must be informed orally and in writing of
  755  the following:
  756         a. The alleged basis for the pending revocation proceeding
  757  against the releasee.
  758         b. The releasee’s right to be represented by counsel.
  759  However, this sub-subparagraph does not create a right to
  760  publicly funded legal counsel.
  761         c. The releasee’s right to be heard either in person or by
  762  electronic audiovisual device in the discretion of the
  763  department.
  764         d. The releasee’s right to secure, present, and compel the
  765  attendance of witnesses relevant to the proceeding.
  766         e. The releasee’s right to produce documents on his or her
  767  own behalf.
  768         f. The releasee’s right of access to all evidence used to
  769  support the revocation proceeding against the releasee and to
  770  confront and cross-examine adverse witnesses.
  771         g. The releasee’s right to waive the hearing.
  772         2. If the panel approves the revocation of the medical
  773  releasee’s conditional medical release under paragraph (a) or
  774  paragraph (b), the panel must provide a written statement as to
  775  evidence relied on and reasons for revocation.
  776         (e) A medical releasee whose conditional medical release is
  777  revoked and who is recommitted to the department under this
  778  subsection must comply with the 85 percent requirement in
  779  accordance with ss. 921.002 and 944.275 upon recommitment.
  780         (9) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A
  781  TERMINAL CONDITION.—
  782         (a) If an inmate is diagnosed with a terminal medical
  783  condition that makes him or her eligible for consideration for
  784  release under paragraph (3)(c) while in the custody of the
  785  department, subject to confidentiality requirements, the
  786  department must:
  787         1.Notify the inmate’s family or next of kin and attorney,
  788  if applicable, of such diagnosis within 72 hours after the
  789  diagnosis.
  790         2.Provide the inmate’s family, including extended family,
  791  an opportunity to visit the inmate in person within 7 days after
  792  the diagnosis.
  793         3.Initiate a review for conditional medical release as
  794  provided for in this section immediately upon the diagnosis.
  795         (b) If the inmate has mental and physical capacity, he or
  796  she must consent to release of confidential information for the
  797  department to comply with the notification requirements required
  798  in this subsection.
  799         (10) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
  800  and in accordance with s. 13, Art. X of the State Constitution,
  801  members of the panel established in subsection (2) who are
  802  involved with decisions that grant or revoke conditional medical
  803  release are provided immunity from liability for actions that
  804  directly relate to such decisions.
  805         (11) RULEMAKING AUTHORITY.—The department may adopt rules
  806  as necessary to implement this section.
  807         Section 6. Section 945.0912, Florida Statutes, is created
  808  to read:
  809         945.0912 Conditional aging inmate release.—
  810         (1) FINDINGS.—The Legislature finds that the number of
  811  aging inmates incarcerated in the state’s prisons has grown
  812  significantly in recent years. Further, the Legislature finds
  813  that imprisonment tends to exacerbate the effects of aging due
  814  to histories of substance abuse and inadequate preventive care
  815  before imprisonment and stress linked to prison life. The
  816  Legislature also finds that recidivism rates are greatly reduced
  817  with older inmates who are released into the community.
  818  Therefore, the Legislature finds that it is of great public
  819  importance to find a compassionate solution to the challenges
  820  presented by the imprisonment of aging inmates while also
  821  ensuring that the public safety of Florida’s communities remains
  822  protected.
  823         (2) CREATION.—There is established a conditional aging
  824  inmate release program within the department for the purpose of
  825  determining eligible inmates who are appropriate for such
  826  release, supervising the released inmates, and conducting
  827  revocation hearings as provided for in this section. The program
  828  must include a panel of at least three people appointed by the
  829  secretary or his or her designee for the purpose of determining
  830  the appropriateness of conditional aging inmate release and
  831  conducting revocation hearings on the inmate releases.
  832         (3) ELIGIBILITY.—
  833         (a) An inmate is eligible for consideration for release
  834  under the conditional aging inmate release program when the
  835  inmate has reached 65 years of age and has served at least 10
  836  years on his or her term of imprisonment. Notwithstanding any
  837  other law, an inmate who meets this criteria as prescribed in
  838  this subsection may be released from the custody of the
  839  department pursuant to this section before serving 85 percent of
  840  his or her term of imprisonment.
  841         (b) An inmate may not be considered for release through the
  842  conditional aging inmate release program if he or she has ever
  843  been found guilty of, regardless of adjudication, or entered a
  844  plea of nolo contendere or guilty to, or has been adjudicated
  845  delinquent for committing:
  846         1. Any offense classified or that was reclassified as a
  847  capital felony, life felony, or first degree felony punishable
  848  by a term of years not exceeding life imprisonment.
  849         2. Any violation of law which resulted in the killing of a
  850  human being.
  851         3. Any felony offense that serves as a predicate to
  852  registration as a sexual offender in accordance with s.
  853  943.0435.
  854         4. Any similar offense committed in another jurisdiction
  855  which would be an offense listed in this paragraph if it had
  856  been committed in violation of the laws of this state.
  857         (c) An inmate who has previously been released on any form
  858  of conditional or discretionary release and who was recommitted
  859  to the department as a result of a finding that he or she
  860  subsequently violated the terms of such conditional or
  861  discretionary release may not be considered for release through
  862  the program.
  863         (4) REFERRAL FOR CONSIDERATION.—
  864         (a)1. Notwithstanding any law to the contrary, an inmate in
  865  the custody of the department who is eligible for consideration
  866  pursuant to subsection (3) must be considered for the
  867  conditional aging inmate release program.
  868         2. The authority to grant conditional aging inmate release
  869  rests solely with the department. An inmate does not have a
  870  right to such release.
  871         (b) The department must identify inmates who may be
  872  eligible for the conditional aging inmate release program. In
  873  considering an inmate for conditional aging inmate release, the
  874  department may require the production of additional evidence or
  875  any other additional investigations that the department deems
  876  necessary for determining the appropriateness of the eligible
  877  inmate’s release.
  878         (c) The department must refer an inmate to the panel
  879  established under subsection (2) for review and determination of
  880  conditional aging inmate release upon his or her identification
  881  as potentially eligible for release pursuant to this section.
  882         (d) If the case that resulted in the inmate’s commitment to
  883  the department involved a victim, and the victim specifically
  884  requested notification pursuant to s. 16, Art. I of the State
  885  Constitution, the department must notify the victim, in a manner
  886  prescribed by rule, of the inmate’s referral to the panel upon
  887  identification of the inmate as potentially eligible for release
  888  under this section. Additionally, the victim must be afforded
  889  the right to be heard regarding the release of the inmate.
  890         (5) DETERMINATION OF RELEASE.—
  891         (a)The panel established in subsection (2) must conduct a
  892  hearing to determine whether the inmate is appropriate for
  893  conditional aging inmate release. The hearing must be conducted
  894  by the panel:
  895         1. By April 1, 2022, if the inmate is immediately eligible
  896  for consideration for the conditional aging inmate release
  897  program when this section takes effect on October 1, 2021.
  898         2. By July 1, 2022, if the inmate becomes eligible for
  899  consideration for the conditional aging inmate release program
  900  after October 1, 2021, but before July 1, 2022.
  901         3. Within 45 days after receiving the referral if the
  902  inmate becomes eligible for conditional aging inmate release any
  903  time on or after July 1, 2022.
  904         (b) A majority of the panel members must agree that the
  905  inmate is appropriate for release pursuant to this section. If
  906  conditional aging inmate release is approved, the inmate must be
  907  released by the department to the community within a reasonable
  908  amount of time with necessary release conditions imposed
  909  pursuant to subsection (6).
  910         (c)1. An inmate who is denied conditional aging inmate
  911  release by the panel may elect to have the decision reviewed by
  912  the department’s general counsel, who must make a recommendation
  913  to the secretary. The secretary must review all relevant
  914  information and make a final decision about the appropriateness
  915  of conditional aging inmate release pursuant to this section.
  916  The decision of the secretary is a final administrative decision
  917  not subject to appeal.
  918         2. An inmate who requests to have the decision reviewed in
  919  accordance with this paragraph must do so in a manner prescribed
  920  by rule. An inmate who is denied conditional aging inmate
  921  release may be subsequently reconsidered for such release in a
  922  manner prescribed by rule.
  923         (6) RELEASE CONDITIONS.—
  924         (a) An inmate granted release pursuant to this section is
  925  released for a period equal to the length of time remaining on
  926  his or her term of imprisonment on the date the release is
  927  granted. Such inmate is considered an aging releasee upon
  928  release from the department into the community. The aging
  929  releasee must comply with all reasonable conditions of release
  930  the department imposes, which must include, at a minimum:
  931         1. Supervision by an officer trained to handle special
  932  offender caseloads.
  933         2. Active electronic monitoring, if such monitoring is
  934  determined to be necessary to ensure the safety of the public
  935  and the aging releasee’s compliance with release conditions.
  936         3. Any conditions of community control provided for in s.
  937  948.101.
  938         4. Any other conditions the department deems appropriate to
  939  ensure the safety of the community and compliance by the aging
  940  releasee.
  941         (b) An aging releasee is considered to be in the custody,
  942  supervision, and control of the department, which, for purposes
  943  of this section, does not create a duty for the department to
  944  provide the aging releasee with medical care upon release into
  945  the community. The aging releasee remains eligible to earn or
  946  lose gain-time in accordance with s. 944.275 and department
  947  rule. The aging releasee may not be counted in the prison system
  948  population, and the aging releasee’s approved community-based
  949  housing location may not be counted in the capacity figures for
  950  the prison system.
  951         (7) REVOCATION HEARING AND RECOMMITMENT.—
  952         (a)1.An aging releasee’s conditional aging inmate release
  953  may be revoked for a violation of any condition of the release
  954  established by the department, including, but not limited to, a
  955  new violation of law. The department may terminate the aging
  956  releasee’s conditional aging inmate release and return him or
  957  her to the same or another institution designated by the
  958  department.
  959         2. If a duly authorized representative of the department
  960  has reasonable grounds to believe that an aging releasee has
  961  violated the conditions of his or her release in a material
  962  respect, such representative may cause a warrant to be issued
  963  for the arrest of the aging releasee. A law enforcement officer
  964  or a probation officer may arrest the aging releasee without a
  965  warrant in accordance with s. 948.06 if there are reasonable
  966  grounds to believe he or she has violated the terms and
  967  conditions of his or her conditional aging inmate release. The
  968  law enforcement officer must report the aging releasee’s alleged
  969  violations to the supervising probation office or the
  970  department’s emergency action center for initiation of
  971  revocation proceedings as prescribed by department rule.
  972         3. If the basis of the violation of release conditions is
  973  related to a new violation of law, the aging releasee must be
  974  detained without bond until his or her initial appearance, at
  975  which a judicial determination of probable cause is made. If the
  976  judge determines that there was no probable cause for the
  977  arrest, the aging releasee may be released. A judicial
  978  determination of probable cause also constitutes reasonable
  979  grounds to believe that the aging releasee violated the
  980  conditions of the release.
  981         4. The department must order that the aging releasee
  982  subject to revocation under this subsection be returned to
  983  department custody for a conditional aging inmate release
  984  revocation hearing as prescribed by rule. An aging releasee may
  985  admit to the alleged violation of the conditions of conditional
  986  aging inmate release or may elect to proceed to a revocation
  987  hearing. The revocation hearing must be conducted by the panel
  988  established in subsection (2).
  989         5. A majority of the panel members must agree that
  990  revocation is appropriate for the aging releasee’s conditional
  991  aging inmate release to be revoked. If conditional aging inmate
  992  release is revoked pursuant to this subsection, the aging
  993  releasee must serve the balance of his or her sentence in an
  994  institution designated by the department with credit for the
  995  actual time served on conditional aging inmate release. However,
  996  the aging releasee’s gain-time accrued before recommitment may
  997  be forfeited pursuant to s. 944.28(1). An aging releasee whose
  998  conditional aging inmate release is revoked and is recommitted
  999  to the department under this subsection must comply with the 85
 1000  percent requirement in accordance with ss. 921.002 and 944.275.
 1001  If the aging releasee whose conditional aging inmate release is
 1002  revoked subject to this subsection would otherwise be eligible
 1003  for parole or any other release program, he or she may be
 1004  considered for such release program pursuant to law.
 1005         6. An aging releasee whose release has been revoked
 1006  pursuant to this subsection may elect to have the revocation
 1007  reviewed by the department’s general counsel, who must make a
 1008  recommendation to the secretary. The secretary must review all
 1009  relevant information and make a final decision about the
 1010  appropriateness of the revocation of conditional aging inmate
 1011  release pursuant to this subsection. The decision of the
 1012  secretary is a final administrative decision not subject to
 1013  appeal.
 1014         (b) If the aging releasee subject to revocation under this
 1015  subsection elects to proceed with a hearing, the aging releasee
 1016  must be informed orally and in writing of the following:
 1017         1. The alleged violation with which the releasee is
 1018  charged.
 1019         2. The releasee’s right to be represented by counsel.
 1020  However, this subparagraph does not create a right to publicly
 1021  funded legal counsel.
 1022         3. The releasee’s right to be heard either in person or by
 1023  electronic audiovisual device in the discretion of the
 1024  department.
 1025         4. The releasee’s right to secure, present, and compel the
 1026  attendance of witnesses relevant to the proceeding.
 1027         5. The releasee’s right to produce documents on his or her
 1028  own behalf.
 1029         6. The releasee’s right of access to all evidence used
 1030  against the releasee and to confront and cross-examine adverse
 1031  witnesses.
 1032         7. The releasee’s right to waive the hearing.
 1033         (c) If the panel approves the revocation of the aging
 1034  releasee’s conditional aging inmate release, the panel must
 1035  provide a written statement as to evidence relied on and reasons
 1036  for revocation.
 1037         (8) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
 1038  and in accordance with s. 13, Art. X of the State Constitution,
 1039  members of the panel established in subsection (2) who are
 1040  involved with decisions that grant or revoke conditional aging
 1041  inmate release are provided immunity from liability for actions
 1042  that directly relate to such decisions.
 1043         (9) RULEMAKING AUTHORITY.—The department may adopt rules as
 1044  necessary to implement this section.
 1045         Section 7. Section 947.149, Florida Statutes, is repealed.
 1046         Section 8. Subsection (6) of section 316.1935, Florida
 1047  Statutes, is amended to read:
 1048         316.1935 Fleeing or attempting to elude a law enforcement
 1049  officer; aggravated fleeing or eluding.—
 1050         (6) Notwithstanding s. 948.01, a court may not no court may
 1051  suspend, defer, or withhold adjudication of guilt or imposition
 1052  of sentence for any violation of this section. A person
 1053  convicted and sentenced to a mandatory minimum term of
 1054  incarceration under paragraph (3)(b) or paragraph (4)(b) is not
 1055  eligible for statutory gain-time under s. 944.275 or any form of
 1056  discretionary early release, other than pardon or executive
 1057  clemency, or conditional medical release under s. 945.0911 s.
 1058  947.149, or conditional aging inmate release under s. 945.0912,
 1059  before prior to serving the mandatory minimum sentence.
 1060         Section 9. Paragraph (k) of subsection (4) of section
 1061  775.084, Florida Statutes, is amended to read:
 1062         775.084 Violent career criminals; habitual felony offenders
 1063  and habitual violent felony offenders; three-time violent felony
 1064  offenders; definitions; procedure; enhanced penalties or
 1065  mandatory minimum prison terms.—
 1066         (4)
 1067         (k)1. A defendant sentenced under this section as a
 1068  habitual felony offender, a habitual violent felony offender, or
 1069  a violent career criminal is eligible for gain-time granted by
 1070  the Department of Corrections as provided in s. 944.275(4)(b).
 1071         2. For an offense committed on or after October 1, 1995, a
 1072  defendant sentenced under this section as a violent career
 1073  criminal is not eligible for any form of discretionary early
 1074  release, other than pardon or executive clemency, or conditional
 1075  medical release under s. 945.0911, or conditional aging inmate
 1076  release under s. 945.0912 granted pursuant to s. 947.149.
 1077         3. For an offense committed on or after July 1, 1999, a
 1078  defendant sentenced under this section as a three-time violent
 1079  felony offender shall be released only by expiration of sentence
 1080  and is shall not be eligible for parole, control release, or any
 1081  form of early release.
 1082         Section 10. Paragraph (b) of subsection (2) and paragraph
 1083  (b) of subsection (3) of section 775.087, Florida Statutes, are
 1084  amended to read:
 1085         775.087 Possession or use of weapon; aggravated battery;
 1086  felony reclassification; minimum sentence.—
 1087         (2)
 1088         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 1089  (a)3. does not prevent a court from imposing a longer sentence
 1090  of incarceration as authorized by law in addition to the minimum
 1091  mandatory sentence, or from imposing a sentence of death
 1092  pursuant to other applicable law. Subparagraph (a)1.,
 1093  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 1094  court to impose a lesser sentence than otherwise required by
 1095  law.
 1096  
 1097  Notwithstanding s. 948.01, adjudication of guilt or imposition
 1098  of sentence may shall not be suspended, deferred, or withheld,
 1099  and the defendant is not eligible for statutory gain-time under
 1100  s. 944.275 or any form of discretionary early release, other
 1101  than pardon or executive clemency, or conditional medical
 1102  release under s. 945.0911 s. 947.149, or conditional aging
 1103  inmate release under s. 945.0912, before prior to serving the
 1104  minimum sentence.
 1105         (3)
 1106         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 1107  (a)3. does not prevent a court from imposing a longer sentence
 1108  of incarceration as authorized by law in addition to the minimum
 1109  mandatory sentence, or from imposing a sentence of death
 1110  pursuant to other applicable law. Subparagraph (a)1.,
 1111  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 1112  court to impose a lesser sentence than otherwise required by
 1113  law.
 1114  
 1115  Notwithstanding s. 948.01, adjudication of guilt or imposition
 1116  of sentence may shall not be suspended, deferred, or withheld,
 1117  and the defendant is not eligible for statutory gain-time under
 1118  s. 944.275 or any form of discretionary early release, other
 1119  than pardon or executive clemency, or conditional medical
 1120  release under s. 945.0911 s. 947.149, or conditional aging
 1121  inmate release under s. 945.0912, before prior to serving the
 1122  minimum sentence.
 1123         Section 11. Subsection (3) of section 784.07, Florida
 1124  Statutes, is amended to read:
 1125         784.07 Assault or battery of law enforcement officers,
 1126  firefighters, emergency medical care providers, public transit
 1127  employees or agents, or other specified officers;
 1128  reclassification of offenses; minimum sentences.—
 1129         (3) Any person who is convicted of a battery under
 1130  paragraph (2)(b) and, during the commission of the offense, such
 1131  person possessed:
 1132         (a) A “firearm” or “destructive device” as those terms are
 1133  defined in s. 790.001, shall be sentenced to a minimum term of
 1134  imprisonment of 3 years.
 1135         (b) A semiautomatic firearm and its high-capacity
 1136  detachable box magazine, as defined in s. 775.087(3), or a
 1137  machine gun as defined in s. 790.001, shall be sentenced to a
 1138  minimum term of imprisonment of 8 years.
 1139  
 1140  Notwithstanding s. 948.01, adjudication of guilt or imposition
 1141  of sentence may shall not be suspended, deferred, or withheld,
 1142  and the defendant is not eligible for statutory gain-time under
 1143  s. 944.275 or any form of discretionary early release, other
 1144  than pardon or executive clemency, or conditional medical
 1145  release under s. 945.0911 s. 947.149, or conditional aging
 1146  inmate release under s. 945.0912, before prior to serving the
 1147  minimum sentence.
 1148         Section 12. Subsection (1) of section 790.235, Florida
 1149  Statutes, is amended to read:
 1150         790.235 Possession of firearm or ammunition by violent
 1151  career criminal unlawful; penalty.—
 1152         (1) Any person who meets the violent career criminal
 1153  criteria under s. 775.084(1)(d), regardless of whether such
 1154  person is or has previously been sentenced as a violent career
 1155  criminal, who owns or has in his or her care, custody,
 1156  possession, or control any firearm, ammunition, or electric
 1157  weapon or device, or carries a concealed weapon, including a
 1158  tear gas gun or chemical weapon or device, commits a felony of
 1159  the first degree, punishable as provided in s. 775.082, s.
 1160  775.083, or s. 775.084. A person convicted of a violation of
 1161  this section shall be sentenced to a mandatory minimum of 15
 1162  years’ imprisonment; however, if the person would be sentenced
 1163  to a longer term of imprisonment under s. 775.084(4)(d), the
 1164  person must be sentenced under that provision. A person
 1165  convicted of a violation of this section is not eligible for any
 1166  form of discretionary early release, other than pardon,
 1167  executive clemency, or conditional medical release under s.
 1168  945.0911, or conditional aging inmate release under s. 945.0912
 1169  s. 947.149.
 1170         Section 13. Subsection (7) of section 794.0115, Florida
 1171  Statutes, is amended to read:
 1172         794.0115 Dangerous sexual felony offender; mandatory
 1173  sentencing.—
 1174         (7) A defendant sentenced to a mandatory minimum term of
 1175  imprisonment under this section is not eligible for statutory
 1176  gain-time under s. 944.275 or any form of discretionary early
 1177  release, other than pardon or executive clemency, or conditional
 1178  medical release under s. 945.0911 s. 947.149, before serving the
 1179  minimum sentence.
 1180         Section 14. Paragraphs (b), (c), and (g) of subsection (1)
 1181  and subsection (3) of section 893.135, Florida Statutes, are
 1182  amended to read:
 1183         893.135 Trafficking; mandatory sentences; suspension or
 1184  reduction of sentences; conspiracy to engage in trafficking.—
 1185         (1) Except as authorized in this chapter or in chapter 499
 1186  and notwithstanding the provisions of s. 893.13:
 1187         (b)1. Any person who knowingly sells, purchases,
 1188  manufactures, delivers, or brings into this state, or who is
 1189  knowingly in actual or constructive possession of, 28 grams or
 1190  more of cocaine, as described in s. 893.03(2)(a)4., or of any
 1191  mixture containing cocaine, but less than 150 kilograms of
 1192  cocaine or any such mixture, commits a felony of the first
 1193  degree, which felony shall be known as “trafficking in cocaine,”
 1194  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1195  If the quantity involved:
 1196         a. Is 28 grams or more, but less than 200 grams, such
 1197  person shall be sentenced to a mandatory minimum term of
 1198  imprisonment of 3 years, and the defendant shall be ordered to
 1199  pay a fine of $50,000.
 1200         b. Is 200 grams or more, but less than 400 grams, such
 1201  person shall be sentenced to a mandatory minimum term of
 1202  imprisonment of 7 years, and the defendant shall be ordered to
 1203  pay a fine of $100,000.
 1204         c. Is 400 grams or more, but less than 150 kilograms, such
 1205  person shall be sentenced to a mandatory minimum term of
 1206  imprisonment of 15 calendar years and pay a fine of $250,000.
 1207         2. Any person who knowingly sells, purchases, manufactures,
 1208  delivers, or brings into this state, or who is knowingly in
 1209  actual or constructive possession of, 150 kilograms or more of
 1210  cocaine, as described in s. 893.03(2)(a)4., commits the first
 1211  degree felony of trafficking in cocaine. A person who has been
 1212  convicted of the first degree felony of trafficking in cocaine
 1213  under this subparagraph shall be punished by life imprisonment
 1214  and is ineligible for any form of discretionary early release
 1215  except pardon or executive clemency or conditional medical
 1216  release under s. 945.0911 s. 947.149. However, if the court
 1217  determines that, in addition to committing any act specified in
 1218  this paragraph:
 1219         a. The person intentionally killed an individual or
 1220  counseled, commanded, induced, procured, or caused the
 1221  intentional killing of an individual and such killing was the
 1222  result; or
 1223         b. The person’s conduct in committing that act led to a
 1224  natural, though not inevitable, lethal result,
 1225  
 1226  such person commits the capital felony of trafficking in
 1227  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
 1228  person sentenced for a capital felony under this paragraph shall
 1229  also be sentenced to pay the maximum fine provided under
 1230  subparagraph 1.
 1231         3. Any person who knowingly brings into this state 300
 1232  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
 1233  and who knows that the probable result of such importation would
 1234  be the death of any person, commits capital importation of
 1235  cocaine, a capital felony punishable as provided in ss. 775.082
 1236  and 921.142. Any person sentenced for a capital felony under
 1237  this paragraph shall also be sentenced to pay the maximum fine
 1238  provided under subparagraph 1.
 1239         (c)1. A person who knowingly sells, purchases,
 1240  manufactures, delivers, or brings into this state, or who is
 1241  knowingly in actual or constructive possession of, 4 grams or
 1242  more of any morphine, opium, hydromorphone, or any salt,
 1243  derivative, isomer, or salt of an isomer thereof, including
 1244  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 1245  (3)(c)4., or 4 grams or more of any mixture containing any such
 1246  substance, but less than 30 kilograms of such substance or
 1247  mixture, commits a felony of the first degree, which felony
 1248  shall be known as “trafficking in illegal drugs,” punishable as
 1249  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 1250  quantity involved:
 1251         a. Is 4 grams or more, but less than 14 grams, such person
 1252  shall be sentenced to a mandatory minimum term of imprisonment
 1253  of 3 years and shall be ordered to pay a fine of $50,000.
 1254         b. Is 14 grams or more, but less than 28 grams, such person
 1255  shall be sentenced to a mandatory minimum term of imprisonment
 1256  of 15 years and shall be ordered to pay a fine of $100,000.
 1257         c. Is 28 grams or more, but less than 30 kilograms, such
 1258  person shall be sentenced to a mandatory minimum term of
 1259  imprisonment of 25 years and shall be ordered to pay a fine of
 1260  $500,000.
 1261         2. A person who knowingly sells, purchases, manufactures,
 1262  delivers, or brings into this state, or who is knowingly in
 1263  actual or constructive possession of, 28 grams or more of
 1264  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
 1265  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
 1266  grams or more of any mixture containing any such substance,
 1267  commits a felony of the first degree, which felony shall be
 1268  known as “trafficking in hydrocodone,” punishable as provided in
 1269  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1270         a. Is 28 grams or more, but less than 50 grams, such person
 1271  shall be sentenced to a mandatory minimum term of imprisonment
 1272  of 3 years and shall be ordered to pay a fine of $50,000.
 1273         b. Is 50 grams or more, but less than 100 grams, such
 1274  person shall be sentenced to a mandatory minimum term of
 1275  imprisonment of 7 years and shall be ordered to pay a fine of
 1276  $100,000.
 1277         c. Is 100 grams or more, but less than 300 grams, such
 1278  person shall be sentenced to a mandatory minimum term of
 1279  imprisonment of 15 years and shall be ordered to pay a fine of
 1280  $500,000.
 1281         d. Is 300 grams or more, but less than 30 kilograms, such
 1282  person shall be sentenced to a mandatory minimum term of
 1283  imprisonment of 25 years and shall be ordered to pay a fine of
 1284  $750,000.
 1285         3. A person who knowingly sells, purchases, manufactures,
 1286  delivers, or brings into this state, or who is knowingly in
 1287  actual or constructive possession of, 7 grams or more of
 1288  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
 1289  thereof, or 7 grams or more of any mixture containing any such
 1290  substance, commits a felony of the first degree, which felony
 1291  shall be known as “trafficking in oxycodone,” punishable as
 1292  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 1293  quantity involved:
 1294         a. Is 7 grams or more, but less than 14 grams, such person
 1295  shall be sentenced to a mandatory minimum term of imprisonment
 1296  of 3 years and shall be ordered to pay a fine of $50,000.
 1297         b. Is 14 grams or more, but less than 25 grams, such person
 1298  shall be sentenced to a mandatory minimum term of imprisonment
 1299  of 7 years and shall be ordered to pay a fine of $100,000.
 1300         c. Is 25 grams or more, but less than 100 grams, such
 1301  person shall be sentenced to a mandatory minimum term of
 1302  imprisonment of 15 years and shall be ordered to pay a fine of
 1303  $500,000.
 1304         d. Is 100 grams or more, but less than 30 kilograms, such
 1305  person shall be sentenced to a mandatory minimum term of
 1306  imprisonment of 25 years and shall be ordered to pay a fine of
 1307  $750,000.
 1308         4.a. A person who knowingly sells, purchases, manufactures,
 1309  delivers, or brings into this state, or who is knowingly in
 1310  actual or constructive possession of, 4 grams or more of:
 1311         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 1312         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 1313         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 1314         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
 1315         (V) A fentanyl derivative, as described in s.
 1316  893.03(1)(a)62.;
 1317         (VI) A controlled substance analog, as described in s.
 1318  893.0356, of any substance described in sub-sub-subparagraphs
 1319  (I)-(V); or
 1320         (VII) A mixture containing any substance described in sub
 1321  sub-subparagraphs (I)-(VI),
 1322  
 1323  commits a felony of the first degree, which felony shall be
 1324  known as “trafficking in fentanyl,” punishable as provided in s.
 1325  775.082, s. 775.083, or s. 775.084.
 1326         b. If the quantity involved under sub-subparagraph a.:
 1327         (I) Is 4 grams or more, but less than 14 grams, such person
 1328  shall be sentenced to a mandatory minimum term of imprisonment
 1329  of 3 years, and shall be ordered to pay a fine of $50,000.
 1330         (II) Is 14 grams or more, but less than 28 grams, such
 1331  person shall be sentenced to a mandatory minimum term of
 1332  imprisonment of 15 years, and shall be ordered to pay a fine of
 1333  $100,000.
 1334         (III) Is 28 grams or more, such person shall be sentenced
 1335  to a mandatory minimum term of imprisonment of 25 years, and
 1336  shall be ordered to pay a fine of $500,000.
 1337         5. A person who knowingly sells, purchases, manufactures,
 1338  delivers, or brings into this state, or who is knowingly in
 1339  actual or constructive possession of, 30 kilograms or more of
 1340  any morphine, opium, oxycodone, hydrocodone, codeine,
 1341  hydromorphone, or any salt, derivative, isomer, or salt of an
 1342  isomer thereof, including heroin, as described in s.
 1343  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 1344  more of any mixture containing any such substance, commits the
 1345  first degree felony of trafficking in illegal drugs. A person
 1346  who has been convicted of the first degree felony of trafficking
 1347  in illegal drugs under this subparagraph shall be punished by
 1348  life imprisonment and is ineligible for any form of
 1349  discretionary early release except pardon or executive clemency
 1350  or conditional medical release under s. 945.0911 s. 947.149.
 1351  However, if the court determines that, in addition to committing
 1352  any act specified in this paragraph:
 1353         a. The person intentionally killed an individual or
 1354  counseled, commanded, induced, procured, or caused the
 1355  intentional killing of an individual and such killing was the
 1356  result; or
 1357         b. The person’s conduct in committing that act led to a
 1358  natural, though not inevitable, lethal result,
 1359  
 1360  such person commits the capital felony of trafficking in illegal
 1361  drugs, punishable as provided in ss. 775.082 and 921.142. A
 1362  person sentenced for a capital felony under this paragraph shall
 1363  also be sentenced to pay the maximum fine provided under
 1364  subparagraph 1.
 1365         6. A person who knowingly brings into this state 60
 1366  kilograms or more of any morphine, opium, oxycodone,
 1367  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 1368  isomer, or salt of an isomer thereof, including heroin, as
 1369  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 1370  60 kilograms or more of any mixture containing any such
 1371  substance, and who knows that the probable result of such
 1372  importation would be the death of a person, commits capital
 1373  importation of illegal drugs, a capital felony punishable as
 1374  provided in ss. 775.082 and 921.142. A person sentenced for a
 1375  capital felony under this paragraph shall also be sentenced to
 1376  pay the maximum fine provided under subparagraph 1.
 1377         (g)1. Any person who knowingly sells, purchases,
 1378  manufactures, delivers, or brings into this state, or who is
 1379  knowingly in actual or constructive possession of, 4 grams or
 1380  more of flunitrazepam or any mixture containing flunitrazepam as
 1381  described in s. 893.03(1)(a) commits a felony of the first
 1382  degree, which felony shall be known as “trafficking in
 1383  flunitrazepam,” punishable as provided in s. 775.082, s.
 1384  775.083, or s. 775.084. If the quantity involved:
 1385         a. Is 4 grams or more but less than 14 grams, such person
 1386  shall be sentenced to a mandatory minimum term of imprisonment
 1387  of 3 years, and the defendant shall be ordered to pay a fine of
 1388  $50,000.
 1389         b. Is 14 grams or more but less than 28 grams, such person
 1390  shall be sentenced to a mandatory minimum term of imprisonment
 1391  of 7 years, and the defendant shall be ordered to pay a fine of
 1392  $100,000.
 1393         c. Is 28 grams or more but less than 30 kilograms, such
 1394  person shall be sentenced to a mandatory minimum term of
 1395  imprisonment of 25 calendar years and pay a fine of $500,000.
 1396         2. Any person who knowingly sells, purchases, manufactures,
 1397  delivers, or brings into this state or who is knowingly in
 1398  actual or constructive possession of 30 kilograms or more of
 1399  flunitrazepam or any mixture containing flunitrazepam as
 1400  described in s. 893.03(1)(a) commits the first degree felony of
 1401  trafficking in flunitrazepam. A person who has been convicted of
 1402  the first degree felony of trafficking in flunitrazepam under
 1403  this subparagraph shall be punished by life imprisonment and is
 1404  ineligible for any form of discretionary early release except
 1405  pardon or executive clemency or conditional medical release
 1406  under s. 945.0911 s. 947.149. However, if the court determines
 1407  that, in addition to committing any act specified in this
 1408  paragraph:
 1409         a. The person intentionally killed an individual or
 1410  counseled, commanded, induced, procured, or caused the
 1411  intentional killing of an individual and such killing was the
 1412  result; or
 1413         b. The person’s conduct in committing that act led to a
 1414  natural, though not inevitable, lethal result,
 1415  
 1416  such person commits the capital felony of trafficking in
 1417  flunitrazepam, punishable as provided in ss. 775.082 and
 1418  921.142. Any person sentenced for a capital felony under this
 1419  paragraph shall also be sentenced to pay the maximum fine
 1420  provided under subparagraph 1.
 1421         (3) Notwithstanding the provisions of s. 948.01, with
 1422  respect to any person who is found to have violated this
 1423  section, adjudication of guilt or imposition of sentence shall
 1424  not be suspended, deferred, or withheld, nor shall such person
 1425  be eligible for parole prior to serving the mandatory minimum
 1426  term of imprisonment prescribed by this section. A person
 1427  sentenced to a mandatory minimum term of imprisonment under this
 1428  section is not eligible for any form of discretionary early
 1429  release, except pardon or executive clemency or conditional
 1430  medical release under s. 945.0911 s. 947.149, prior to serving
 1431  the mandatory minimum term of imprisonment.
 1432         Section 15. Subsection (2) of section 921.0024, Florida
 1433  Statutes, is amended to read:
 1434         921.0024 Criminal Punishment Code; worksheet computations;
 1435  scoresheets.—
 1436         (2) The lowest permissible sentence is the minimum sentence
 1437  that may be imposed by the trial court, absent a valid reason
 1438  for departure. The lowest permissible sentence is any nonstate
 1439  prison sanction in which the total sentence points equals or is
 1440  less than 44 points, unless the court determines within its
 1441  discretion that a prison sentence, which may be up to the
 1442  statutory maximums for the offenses committed, is appropriate.
 1443  When the total sentence points exceeds 44 points, the lowest
 1444  permissible sentence in prison months shall be calculated by
 1445  subtracting 28 points from the total sentence points and
 1446  decreasing the remaining total by 25 percent. The total sentence
 1447  points shall be calculated only as a means of determining the
 1448  lowest permissible sentence. The permissible range for
 1449  sentencing shall be the lowest permissible sentence up to and
 1450  including the statutory maximum, as defined in s. 775.082, for
 1451  the primary offense and any additional offenses before the court
 1452  for sentencing. The sentencing court may impose such sentences
 1453  concurrently or consecutively. However, any sentence to state
 1454  prison must exceed 1 year. If the lowest permissible sentence
 1455  under the code exceeds the statutory maximum sentence as
 1456  provided in s. 775.082, the sentence required by the code must
 1457  be imposed. If the total sentence points are greater than or
 1458  equal to 363, the court may sentence the offender to life
 1459  imprisonment. An offender sentenced to life imprisonment under
 1460  this section is not eligible for any form of discretionary early
 1461  release, except executive clemency or conditional medical
 1462  release under s. 945.0911 s. 947.149.
 1463         Section 16. Paragraph (b) of subsection (7) of section
 1464  944.605, Florida Statutes, is amended to read:
 1465         944.605 Inmate release; notification; identification card.—
 1466         (7)
 1467         (b) Paragraph (a) does not apply to inmates who:
 1468         1. The department determines have a valid driver license or
 1469  state identification card, except that the department shall
 1470  provide these inmates with a replacement state identification
 1471  card or replacement driver license, if necessary.
 1472         2. Have an active detainer, unless the department
 1473  determines that cancellation of the detainer is likely or that
 1474  the incarceration for which the detainer was issued will be less
 1475  than 12 months in duration.
 1476         3. Are released due to an emergency release or a
 1477  conditional medical release under s. 945.0911 s. 947.149.
 1478         4. Are not in the physical custody of the department at or
 1479  within 180 days before release.
 1480         5. Are subject to sex offender residency restrictions, and
 1481  who, upon release under such restrictions, do not have a
 1482  qualifying address.
 1483         Section 17. Paragraph (b) of subsection (1) of section
 1484  944.70, Florida Statutes, is amended to read:
 1485         944.70 Conditions for release from incarceration.—
 1486         (1)
 1487         (b) A person who is convicted of a crime committed on or
 1488  after January 1, 1994, may be released from incarceration only:
 1489         1. Upon expiration of the person’s sentence;
 1490         2. Upon expiration of the person’s sentence as reduced by
 1491  accumulated meritorious or incentive gain-time;
 1492         3. As directed by an executive order granting clemency;
 1493         4. Upon placement in a conditional release program pursuant
 1494  to s. 947.1405 or a conditional medical release program pursuant
 1495  to s. 945.0911 s. 947.149; or
 1496         5. Upon the granting of control release, including
 1497  emergency control release, pursuant to s. 947.146.
 1498         Section 18. Paragraph (h) of subsection (1) of section
 1499  947.13, Florida Statutes, is amended to read:
 1500         947.13 Powers and duties of commission.—
 1501         (1) The commission shall have the powers and perform the
 1502  duties of:
 1503         (h) Determining what persons will be released on
 1504  conditional medical release under s. 945.0911 s. 947.149,
 1505  establishing the conditions of conditional medical release, and
 1506  determining whether a person has violated the conditions of
 1507  conditional medical release and taking action with respect to
 1508  such a violation.
 1509         Section 19. Subsections (1), (2), and (7) of section
 1510  947.141, Florida Statutes, are amended to read:
 1511         947.141 Violations of conditional release, control release,
 1512  or conditional medical release or addiction-recovery
 1513  supervision.—
 1514         (1) If a member of the commission or a duly authorized
 1515  representative of the commission has reasonable grounds to
 1516  believe that an offender who is on release supervision under s.
 1517  945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
 1518  has violated the terms and conditions of the release in a
 1519  material respect, such member or representative may cause a
 1520  warrant to be issued for the arrest of the releasee; if the
 1521  offender was found to be a sexual predator, the warrant must be
 1522  issued.
 1523         (2) Upon the arrest on a felony charge of an offender who
 1524  is on release supervision under s. 945.0911, s. 947.1405, s.
 1525  947.146, s. 947.149, or s. 944.4731, the offender must be
 1526  detained without bond until the initial appearance of the
 1527  offender at which a judicial determination of probable cause is
 1528  made. If the trial court judge determines that there was no
 1529  probable cause for the arrest, the offender may be released. If
 1530  the trial court judge determines that there was probable cause
 1531  for the arrest, such determination also constitutes reasonable
 1532  grounds to believe that the offender violated the conditions of
 1533  the release. Within 24 hours after the trial court judge’s
 1534  finding of probable cause, the detention facility administrator
 1535  or designee shall notify the commission and the department of
 1536  the finding and transmit to each a facsimile copy of the
 1537  probable cause affidavit or the sworn offense report upon which
 1538  the trial court judge’s probable cause determination is based.
 1539  The offender must continue to be detained without bond for a
 1540  period not exceeding 72 hours excluding weekends and holidays
 1541  after the date of the probable cause determination, pending a
 1542  decision by the commission whether to issue a warrant charging
 1543  the offender with violation of the conditions of release. Upon
 1544  the issuance of the commission’s warrant, the offender must
 1545  continue to be held in custody pending a revocation hearing held
 1546  in accordance with this section.
 1547         (7) If a law enforcement officer has probable cause to
 1548  believe that an offender who is on release supervision under s.
 1549  945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
 1550  has violated the terms and conditions of his or her release by
 1551  committing a felony offense, the officer shall arrest the
 1552  offender without a warrant, and a warrant need not be issued in
 1553  the case.
 1554         Section 20. This act shall take effect October 1, 2021.

feedback