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 committingoneof the following offenses, or of conspiracy to 337 commitone 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 thatwhichresulted in the sentence under s. 775.082(1)(b)1.:3411. Murder;3422. Manslaughter;3433. Sexual battery;3444. Armed burglary;3455. Armed robbery;3466. Armed carjacking;3477. Home-invasion robbery;3488. Human trafficking for commercial sexual activity with a349child under 18 years of age;3509. False imprisonment under s. 787.02(3)(a); or35110. 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: 382 921.1403 Review 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 notno court may1051 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,orconditional medical release under s. 945.0911s.1058947.149, or conditional aging inmate release under s. 945.0912, 1059 beforeprior toserving 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,orconditional 1075 medical release under s. 945.0911, or conditional aging inmate 1076 release under s. 945.0912granted pursuant tos. 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 isshallnotbeeligible 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 mayshallnot 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,orconditional medical 1102 release under s. 945.0911s. 947.149, or conditional aging 1103 inmate release under s. 945.0912, beforeprior toserving 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 mayshallnot 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,orconditional medical 1120 release under s. 945.0911s. 947.149, or conditional aging 1121 inmate release under s. 945.0912, beforeprior toserving 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 mayshallnot 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,orconditional medical 1145 release under s. 945.0911s. 947.149, or conditional aging 1146 inmate release under s. 945.0912, beforeprior toserving 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,orconditional medical release under s. 1168 945.0911, or conditional aging inmate release under s. 945.0912 1169s. 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. 945.0911s. 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. 945.0911s. 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. 945.0911s. 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. 945.0911s. 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. 945.0911s. 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. 945.0911s. 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. 945.0911s. 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. 945.0911s. 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. 945.0911s. 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.