Bill Text: FL S0238 | 2018 | Regular Session | Comm Sub


Bill Title: Conditional Medical Release

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0238 Detail]

Download: Florida-2018-S0238-Comm_Sub.html
       Florida Senate - 2018                              CS for SB 238
       
       
        
       By the Committee on Criminal Justice; and Senator Bracy
       
       
       
       
       
       591-01947-18                                           2018238c1
    1                        A bill to be entitled                      
    2         An act relating to conditional medical release;
    3         amending s. 947.149, F.S.; defining the term “inmate
    4         with a debilitating illness”; expanding eligibility
    5         for conditional medical release to include inmates
    6         with debilitating illnesses; creating permissive
    7         conditional medical release; requiring the Department
    8         of Corrections to refer eligible inmates; authorizing
    9         the Florida Commission on Offender Review to release
   10         eligible inmates; creating mandatory conditional
   11         medical release; providing criteria for eligibility;
   12         requiring the department to refer an eligible inmate
   13         to the commission; requiring that certain inmates
   14         whose eligibility is verified by the commission be
   15         placed on conditional medical release; requiring that
   16         the department’s referral for release include certain
   17         information; requiring the commission to review the
   18         information and verify an inmate’s eligibility within
   19         a certain timeframe; authorizing electronic monitoring
   20         for an inmate on conditional medical release;
   21         reenacting ss. 316.1935(6), 775.084(4)(k),
   22         775.087(2)(b) and(3)(b), 784.07(3), 790.235(1),
   23         794.0115(7), 893.135(1)(b), (c), and (g) and (3),
   24         921.0024(2), 944.605(7)(b), 944.70(1)(b),
   25         947.13(1)(h), and 947.141(1), (2), and (7), F.S., all
   26         relating to authorized conditional medical release
   27         granted under s. 947.149, F.S., to incorporate the
   28         amendment made to s. 947.149, F.S., in references
   29         thereto; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 947.149, Florida Statutes, is amended to
   34  read:
   35         947.149 Conditional medical release.—
   36         (1) The commission shall, in conjunction with the
   37  department, establish the conditional medical release program.
   38  An inmate is eligible for supervised consideration for release
   39  under the conditional medical release program when the inmate,
   40  because of an existing medical or physical condition, is
   41  determined by the department to be within one of the following
   42  designations:
   43         (a) “Inmate with a debilitating illness,” which means an
   44  inmate who is determined to be suffering from a significant and
   45  permanent nonterminal condition, disease, or syndrome that has
   46  rendered the inmate so physically or cognitively debilitated or
   47  incapacitated as to create a reasonable probability that the
   48  inmate does not constitute a danger to herself or himself or
   49  others.
   50         (b)(a) “Permanently incapacitated inmate,” which means an
   51  inmate who has a condition caused by injury, disease, or illness
   52  which, to a reasonable degree of medical certainty, renders the
   53  inmate permanently and irreversibly physically incapacitated to
   54  the extent that the inmate does not constitute a danger to
   55  herself or himself or others.
   56         (c)(b) “Terminally ill inmate,” which means an inmate who
   57  has a condition caused by injury, disease, or illness which, to
   58  a reasonable degree of medical certainty, renders the inmate
   59  terminally ill to the extent that there can be no recovery and
   60  death is imminent, so that the inmate does not constitute a
   61  danger to herself or himself or others.
   62         (2) PERMISSIVE CONDITIONAL MEDICAL RELEASE.—
   63         (a) Notwithstanding any provision to the contrary, any
   64  person qualifying for one of the three designations defined in
   65  subsection (1) determined eligible under this section and
   66  sentenced to the custody of the department may, upon referral by
   67  the department, be considered for conditional medical release by
   68  the commission, in addition to any parole consideration for
   69  which the inmate may be considered, except that conditional
   70  medical release is not authorized for an inmate who is under
   71  sentence of death. No inmate has a right to conditional medical
   72  release or to a medical evaluation to determine eligibility for
   73  such release.
   74         (b)(3) The authority and whether or not to grant
   75  conditional medical release and establish additional conditions
   76  of conditional medical release under this subsection rests
   77  solely within the discretion of the commission, in accordance
   78  with the provisions of this section, together with the authority
   79  to approve the release plan to include necessary medical care
   80  and attention.
   81         (c) The department shall identify inmates who may be
   82  eligible for conditional medical release based upon available
   83  medical information and shall refer them to the commission for
   84  consideration.
   85         (d) In considering an inmate for conditional medical
   86  release in accordance with this subsection, the commission may
   87  require that additional medical evidence be produced or that
   88  additional medical examinations be conducted, and may require
   89  such other investigations to be made as may be warranted.
   90         (3) MANDATORY CONDITIONAL MEDICAL RELEASE.—
   91         (a)To be eligible for supervised release under this
   92  subsection, an inmate qualifying for one of the three
   93  designations defined in subsection (1) shall also be determined
   94  by the department to meet all of the following criteria:
   95         1.Has served at least 50 percent of his or her sentence.
   96         2.Has no current or prior conviction for:
   97         a. A capital, life, or first degree felony.
   98         b. A sexual offense, which means an offense specified in s.
   99  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
  100         c. An offense involving a child.
  101         3.Has not received a disciplinary report within the
  102  previous 6 months.
  103         4.Has never received a disciplinary report for a violent
  104  act.
  105         5. Has renounced any gang affiliation.
  106         (b) Any person sentenced to the custody of the department
  107  that is determined to be eligible for placement on conditional
  108  medical release in accordance with this subsection must be
  109  referred by the department to the commission. Upon receiving a
  110  referral from the department, the commission shall verify the
  111  eligibility of an inmate and, upon verification, such inmate
  112  must be placed on conditional medical release.
  113         (c)In verifying the inmate’s eligibility for conditional
  114  medical release, the commission shall review the information
  115  provided by the department.
  116         (d)The commission must finish its verification of an
  117  inmate’s eligibility within 60 days after the department refers
  118  the inmate for conditional medical release.
  119         (4) No inmate has a right to conditional medical release or
  120  to a medical evaluation to determine eligibility for such
  121  release.
  122         (5)The department’s referral of an inmate to the
  123  commission for release under this section must include all of
  124  the following information:
  125         (a)The proposed conditional medical release plan.
  126         (b)Any relevant medical history, including current medical
  127  prognosis.
  128         (c)Criminal history. The criminal history must include all
  129  of the following information:
  130         1.The inmate’s claim of innocence, if any.
  131         2.The degree to which the inmate accepts responsibility
  132  for his or her actions leading to the conviction of the crime.
  133         3.How any claim of responsibility has affected the
  134  inmate’s feelings of remorse.
  135         (d)Any history of substance abuse and mental health
  136  issues, provided the inmate authorizes release when such
  137  information is collected in accordance with 42 C.F.R. s. 2.
  138         (e)Any disciplinary action taken against the inmate while
  139  in prison.
  140         (f)Any participation in prison work and other prison
  141  programs.
  142         (g) Any other information the department deems necessary.
  143         (6)(4) The conditional medical release term of an inmate
  144  released on conditional medical release is for the remainder of
  145  the inmate’s sentence, without diminution of sentence for good
  146  behavior. Supervision of the medical releasee must include a
  147  release plan as proposed by the department and approved by the
  148  commission and include periodic medical evaluations. Supervision
  149  may also include electronic monitoring at intervals determined
  150  by the commission at the time of release.
  151         (7)(a)(5)(a) If it is discovered during the conditional
  152  medical release that the medical or physical condition of the
  153  medical releasee has improved to the extent that she or he would
  154  no longer be eligible for conditional medical release under this
  155  section, the commission may order that the releasee be returned
  156  to the custody of the department for a conditional medical
  157  release revocation hearing, in accordance with s. 947.141. If
  158  conditional medical release is revoked due to improvement in the
  159  medical or physical condition of the releasee, she or he shall
  160  serve the balance of her or his sentence with credit for the
  161  time served on conditional medical release and without
  162  forfeiture of any gain-time accrued prior to conditional medical
  163  release. If the person whose conditional medical release is
  164  revoked due to an improvement in medical or physical condition
  165  would otherwise be eligible for parole or any other release
  166  program, the person may be considered for such release program
  167  pursuant to law.
  168         (b) In addition to revocation of conditional medical
  169  release pursuant to paragraph (a), conditional medical release
  170  may also be revoked for violation of any condition of the
  171  release established by the commission, in accordance with s.
  172  947.141, and the releasee’s gain-time may be forfeited pursuant
  173  to s. 944.28(1).
  174         (8)(6) The department and the commission shall adopt rules
  175  as necessary to implement the conditional medical release
  176  program.
  177         Section 2. For the purpose of incorporating the amendment
  178  made by this act to section 947.149, Florida Statutes, in a
  179  reference thereto, subsection (6) of section 316.1935, Florida
  180  Statutes, is reenacted to read:
  181         316.1935 Fleeing or attempting to elude a law enforcement
  182  officer; aggravated fleeing or eluding.—
  183         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  184  or withhold adjudication of guilt or imposition of sentence for
  185  any violation of this section. A person convicted and sentenced
  186  to a mandatory minimum term of incarceration under paragraph
  187  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  188  time under s. 944.275 or any form of discretionary early
  189  release, other than pardon or executive clemency or conditional
  190  medical release under s. 947.149, prior to serving the mandatory
  191  minimum sentence.
  192         Section 3. For the purpose of incorporating the amendment
  193  made by this act to section 947.149, Florida Statutes, in a
  194  reference thereto, paragraph (k) of subsection (4) of section
  195  775.084, Florida Statutes, is reenacted to read:
  196         775.084 Violent career criminals; habitual felony offenders
  197  and habitual violent felony offenders; three-time violent felony
  198  offenders; definitions; procedure; enhanced penalties or
  199  mandatory minimum prison terms.—
  200         (4)
  201         (k)1. A defendant sentenced under this section as a
  202  habitual felony offender, a habitual violent felony offender, or
  203  a violent career criminal is eligible for gain-time granted by
  204  the Department of Corrections as provided in s. 944.275(4)(b).
  205         2. For an offense committed on or after October 1, 1995, a
  206  defendant sentenced under this section as a violent career
  207  criminal is not eligible for any form of discretionary early
  208  release, other than pardon or executive clemency, or conditional
  209  medical release granted pursuant to s. 947.149.
  210         3. For an offense committed on or after July 1, 1999, a
  211  defendant sentenced under this section as a three-time violent
  212  felony offender shall be released only by expiration of sentence
  213  and shall not be eligible for parole, control release, or any
  214  form of early release.
  215         Section 4. For the purpose of incorporating the amendment
  216  made by this act to section 947.149, Florida Statutes, in
  217  references thereto, paragraph (b) of subsection (2) and
  218  paragraph (b) of subsection (3) of section 775.087, Florida
  219  Statutes, are reenacted to read:
  220         775.087 Possession or use of weapon; aggravated battery;
  221  felony reclassification; minimum sentence.—
  222         (2)
  223         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  224  (a)3. does not prevent a court from imposing a longer sentence
  225  of incarceration as authorized by law in addition to the minimum
  226  mandatory sentence, or from imposing a sentence of death
  227  pursuant to other applicable law. Subparagraph (a)1.,
  228  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  229  court to impose a lesser sentence than otherwise required by
  230  law.
  231  
  232  Notwithstanding s. 948.01, adjudication of guilt or imposition
  233  of sentence shall not be suspended, deferred, or withheld, and
  234  the defendant is not eligible for statutory gain-time under s.
  235  944.275 or any form of discretionary early release, other than
  236  pardon or executive clemency, or conditional medical release
  237  under s. 947.149, prior to serving the minimum sentence.
  238         (3)
  239         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  240  (a)3. does not prevent a court from imposing a longer sentence
  241  of incarceration as authorized by law in addition to the minimum
  242  mandatory sentence, or from imposing a sentence of death
  243  pursuant to other applicable law. Subparagraph (a)1.,
  244  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  245  court to impose a lesser sentence than otherwise required by
  246  law.
  247  
  248  Notwithstanding s. 948.01, adjudication of guilt or imposition
  249  of sentence shall not be suspended, deferred, or withheld, and
  250  the defendant is not eligible for statutory gain-time under s.
  251  944.275 or any form of discretionary early release, other than
  252  pardon or executive clemency, or conditional medical release
  253  under s. 947.149, prior to serving the minimum sentence.
  254         Section 5. For the purpose of incorporating the amendment
  255  made by this act to section 947.149, Florida Statutes, in a
  256  reference thereto, subsection (3) of section 784.07, Florida
  257  Statutes, is reenacted to read:
  258         784.07 Assault or battery of law enforcement officers,
  259  firefighters, emergency medical care providers, public transit
  260  employees or agents, or other specified officers;
  261  reclassification of offenses; minimum sentences.—
  262         (3) Any person who is convicted of a battery under
  263  paragraph (2)(b) and, during the commission of the offense, such
  264  person possessed:
  265         (a) A “firearm” or “destructive device” as those terms are
  266  defined in s. 790.001, shall be sentenced to a minimum term of
  267  imprisonment of 3 years.
  268         (b) A semiautomatic firearm and its high-capacity
  269  detachable box magazine, as defined in s. 775.087(3), or a
  270  machine gun as defined in s. 790.001, shall be sentenced to a
  271  minimum term of imprisonment of 8 years.
  272  
  273  Notwithstanding s. 948.01, adjudication of guilt or imposition
  274  of sentence shall not be suspended, deferred, or withheld, and
  275  the defendant is not eligible for statutory gain-time under s.
  276  944.275 or any form of discretionary early release, other than
  277  pardon or executive clemency, or conditional medical release
  278  under s. 947.149, prior to serving the minimum sentence.
  279         Section 6. For the purpose of incorporating the amendment
  280  made by this act to section 947.149, Florida Statutes, in a
  281  reference thereto, subsection (1) of section 790.235, Florida
  282  Statutes, is reenacted to read:
  283         790.235 Possession of firearm or ammunition by violent
  284  career criminal unlawful; penalty.—
  285         (1) Any person who meets the violent career criminal
  286  criteria under s. 775.084(1)(d), regardless of whether such
  287  person is or has previously been sentenced as a violent career
  288  criminal, who owns or has in his or her care, custody,
  289  possession, or control any firearm, ammunition, or electric
  290  weapon or device, or carries a concealed weapon, including a
  291  tear gas gun or chemical weapon or device, commits a felony of
  292  the first degree, punishable as provided in s. 775.082, s.
  293  775.083, or s. 775.084. A person convicted of a violation of
  294  this section shall be sentenced to a mandatory minimum of 15
  295  years’ imprisonment; however, if the person would be sentenced
  296  to a longer term of imprisonment under s. 775.084(4)(d), the
  297  person must be sentenced under that provision. A person
  298  convicted of a violation of this section is not eligible for any
  299  form of discretionary early release, other than pardon,
  300  executive clemency, or conditional medical release under s.
  301  947.149.
  302         Section 7. For the purpose of incorporating the amendment
  303  made by this act to section 947.149, Florida Statutes, in a
  304  reference thereto, subsection (7) of section 794.0115, Florida
  305  Statutes, is reenacted to read:
  306         794.0115 Dangerous sexual felony offender; mandatory
  307  sentencing.—
  308         (7) A defendant sentenced to a mandatory minimum term of
  309  imprisonment under this section is not eligible for statutory
  310  gain-time under s. 944.275 or any form of discretionary early
  311  release, other than pardon or executive clemency, or conditional
  312  medical release under s. 947.149, before serving the minimum
  313  sentence.
  314         Section 8. For the purpose of incorporating the amendment
  315  made by this act to section 947.149, Florida Statutes, in a
  316  reference thereto, paragraphs (b), (c), and (g) of subsection
  317  (1) and subsection (3) of section 893.135, Florida Statutes, are
  318  reenacted to read:
  319         893.135 Trafficking; mandatory sentences; suspension or
  320  reduction of sentences; conspiracy to engage in trafficking.—
  321         (1) Except as authorized in this chapter or in chapter 499
  322  and notwithstanding the provisions of s. 893.13:
  323         (b)1. Any person who knowingly sells, purchases,
  324  manufactures, delivers, or brings into this state, or who is
  325  knowingly in actual or constructive possession of, 28 grams or
  326  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  327  mixture containing cocaine, but less than 150 kilograms of
  328  cocaine or any such mixture, commits a felony of the first
  329  degree, which felony shall be known as “trafficking in cocaine,”
  330  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  331  If the quantity involved:
  332         a. Is 28 grams or more, but less than 200 grams, such
  333  person shall be sentenced to a mandatory minimum term of
  334  imprisonment of 3 years, and the defendant shall be ordered to
  335  pay a fine of $50,000.
  336         b. Is 200 grams or more, but less than 400 grams, such
  337  person shall be sentenced to a mandatory minimum term of
  338  imprisonment of 7 years, and the defendant shall be ordered to
  339  pay a fine of $100,000.
  340         c. Is 400 grams or more, but less than 150 kilograms, such
  341  person shall be sentenced to a mandatory minimum term of
  342  imprisonment of 15 calendar years and pay a fine of $250,000.
  343         2. Any person who knowingly sells, purchases, manufactures,
  344  delivers, or brings into this state, or who is knowingly in
  345  actual or constructive possession of, 150 kilograms or more of
  346  cocaine, as described in s. 893.03(2)(a)4., commits the first
  347  degree felony of trafficking in cocaine. A person who has been
  348  convicted of the first degree felony of trafficking in cocaine
  349  under this subparagraph shall be punished by life imprisonment
  350  and is ineligible for any form of discretionary early release
  351  except pardon or executive clemency or conditional medical
  352  release under s. 947.149. However, if the court determines that,
  353  in addition to committing any act specified in this paragraph:
  354         a. The person intentionally killed an individual or
  355  counseled, commanded, induced, procured, or caused the
  356  intentional killing of an individual and such killing was the
  357  result; or
  358         b. The person’s conduct in committing that act led to a
  359  natural, though not inevitable, lethal result,
  360  
  361  such person commits the capital felony of trafficking in
  362  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  363  person sentenced for a capital felony under this paragraph shall
  364  also be sentenced to pay the maximum fine provided under
  365  subparagraph 1.
  366         3. Any person who knowingly brings into this state 300
  367  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  368  and who knows that the probable result of such importation would
  369  be the death of any person, commits capital importation of
  370  cocaine, a capital felony punishable as provided in ss. 775.082
  371  and 921.142. Any person sentenced for a capital felony under
  372  this paragraph shall also be sentenced to pay the maximum fine
  373  provided under subparagraph 1.
  374         (c)1. A person who knowingly sells, purchases,
  375  manufactures, delivers, or brings into this state, or who is
  376  knowingly in actual or constructive possession of, 4 grams or
  377  more of any morphine, opium, hydromorphone, or any salt,
  378  derivative, isomer, or salt of an isomer thereof, including
  379  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  380  (3)(c)4., or 4 grams or more of any mixture containing any such
  381  substance, but less than 30 kilograms of such substance or
  382  mixture, commits a felony of the first degree, which felony
  383  shall be known as “trafficking in illegal drugs,” punishable as
  384  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  385  quantity involved:
  386         a. Is 4 grams or more, but less than 14 grams, such person
  387  shall be sentenced to a mandatory minimum term of imprisonment
  388  of 3 years and shall be ordered to pay a fine of $50,000.
  389         b. Is 14 grams or more, but less than 28 grams, such person
  390  shall be sentenced to a mandatory minimum term of imprisonment
  391  of 15 years and shall be ordered to pay a fine of $100,000.
  392         c. Is 28 grams or more, but less than 30 kilograms, such
  393  person shall be sentenced to a mandatory minimum term of
  394  imprisonment of 25 years and shall be ordered to pay a fine of
  395  $500,000.
  396         2. A person who knowingly sells, purchases, manufactures,
  397  delivers, or brings into this state, or who is knowingly in
  398  actual or constructive possession of, 14 grams or more of
  399  hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
  400  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
  401  grams or more of any mixture containing any such substance,
  402  commits a felony of the first degree, which felony shall be
  403  known as “trafficking in hydrocodone,” punishable as provided in
  404  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  405         a. Is 14 grams or more, but less than 28 grams, such person
  406  shall be sentenced to a mandatory minimum term of imprisonment
  407  of 3 years and shall be ordered to pay a fine of $50,000.
  408         b. Is 28 grams or more, but less than 50 grams, such person
  409  shall be sentenced to a mandatory minimum term of imprisonment
  410  of 7 years and shall be ordered to pay a fine of $100,000.
  411         c. Is 50 grams or more, but less than 200 grams, such
  412  person shall be sentenced to a mandatory minimum term of
  413  imprisonment of 15 years and shall be ordered to pay a fine of
  414  $500,000.
  415         d. Is 200 grams or more, but less than 30 kilograms, such
  416  person shall be sentenced to a mandatory minimum term of
  417  imprisonment of 25 years and shall be ordered to pay a fine of
  418  $750,000.
  419         3. A person who knowingly sells, purchases, manufactures,
  420  delivers, or brings into this state, or who is knowingly in
  421  actual or constructive possession of, 7 grams or more of
  422  oxycodone, as described in s. 893.03(2)(a)1.o., or any salt
  423  thereof, or 7 grams or more of any mixture containing any such
  424  substance, commits a felony of the first degree, which felony
  425  shall be known as “trafficking in oxycodone,” punishable as
  426  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  427  quantity involved:
  428         a. Is 7 grams or more, but less than 14 grams, such person
  429  shall be sentenced to a mandatory minimum term of imprisonment
  430  of 3 years and shall be ordered to pay a fine of $50,000.
  431         b. Is 14 grams or more, but less than 25 grams, such person
  432  shall be sentenced to a mandatory minimum term of imprisonment
  433  of 7 years and shall be ordered to pay a fine of $100,000.
  434         c. Is 25 grams or more, but less than 100 grams, such
  435  person shall be sentenced to a mandatory minimum term of
  436  imprisonment of 15 years and shall be ordered to pay a fine of
  437  $500,000.
  438         d. Is 100 grams or more, but less than 30 kilograms, such
  439  person shall be sentenced to a mandatory minimum term of
  440  imprisonment of 25 years and shall be ordered to pay a fine of
  441  $750,000.
  442         4.a. A person who knowingly sells, purchases, manufactures,
  443  delivers, or brings into this state, or who is knowingly in
  444  actual or constructive possession of, 4 grams or more of:
  445         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  446         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  447         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  448         (IV) Sufentanil, as described in s. 893.03(2)(b)29.;
  449         (V) A fentanyl derivative, as described in s.
  450  893.03(1)(a)62.;
  451         (VI) A controlled substance analog, as described in s.
  452  893.0356, of any substance described in sub-sub-subparagraphs
  453  (I)-(V); or
  454         (VII) A mixture containing any substance described in sub
  455  sub-subparagraphs (I)-(VI),
  456  
  457  commits a felony of the first degree, which felony shall be
  458  known as “trafficking in fentanyl,” punishable as provided in s.
  459  775.082, s. 775.083, or s. 775.084.
  460         b. If the quantity involved under sub-subparagraph a.:
  461         (I) Is 4 grams or more, but less than 14 grams, such person
  462  shall be sentenced to a mandatory minimum term of imprisonment
  463  of 3 years, and shall be ordered to pay a fine of $50,000.
  464         (II) Is 14 grams or more, but less than 28 grams, such
  465  person shall be sentenced to a mandatory minimum term of
  466  imprisonment of 15 years, and shall be ordered to pay a fine of
  467  $100,000.
  468         (III) Is 28 grams or more, such person shall be sentenced
  469  to a mandatory minimum term of imprisonment of 25 years, and
  470  shall be ordered to pay a fine of $500,000.
  471         5. A person who knowingly sells, purchases, manufactures,
  472  delivers, or brings into this state, or who is knowingly in
  473  actual or constructive possession of, 30 kilograms or more of
  474  any morphine, opium, oxycodone, hydrocodone, codeine,
  475  hydromorphone, or any salt, derivative, isomer, or salt of an
  476  isomer thereof, including heroin, as described in s.
  477  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  478  more of any mixture containing any such substance, commits the
  479  first degree felony of trafficking in illegal drugs. A person
  480  who has been convicted of the first degree felony of trafficking
  481  in illegal drugs under this subparagraph shall be punished by
  482  life imprisonment and is ineligible for any form of
  483  discretionary early release except pardon or executive clemency
  484  or conditional medical release under s. 947.149. However, if the
  485  court determines that, in addition to committing any act
  486  specified in this paragraph:
  487         a. The person intentionally killed an individual or
  488  counseled, commanded, induced, procured, or caused the
  489  intentional killing of an individual and such killing was the
  490  result; or
  491         b. The person’s conduct in committing that act led to a
  492  natural, though not inevitable, lethal result,
  493  
  494  such person commits the capital felony of trafficking in illegal
  495  drugs, punishable as provided in ss. 775.082 and 921.142. A
  496  person sentenced for a capital felony under this paragraph shall
  497  also be sentenced to pay the maximum fine provided under
  498  subparagraph 1.
  499         6. A person who knowingly brings into this state 60
  500  kilograms or more of any morphine, opium, oxycodone,
  501  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  502  isomer, or salt of an isomer thereof, including heroin, as
  503  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  504  60 kilograms or more of any mixture containing any such
  505  substance, and who knows that the probable result of such
  506  importation would be the death of a person, commits capital
  507  importation of illegal drugs, a capital felony punishable as
  508  provided in ss. 775.082 and 921.142. A person sentenced for a
  509  capital felony under this paragraph shall also be sentenced to
  510  pay the maximum fine provided under subparagraph 1.
  511         (g)1. Any person who knowingly sells, purchases,
  512  manufactures, delivers, or brings into this state, or who is
  513  knowingly in actual or constructive possession of, 4 grams or
  514  more of flunitrazepam or any mixture containing flunitrazepam as
  515  described in s. 893.03(1)(a) commits a felony of the first
  516  degree, which felony shall be known as “trafficking in
  517  flunitrazepam,” punishable as provided in s. 775.082, s.
  518  775.083, or s. 775.084. If the quantity involved:
  519         a. Is 4 grams or more but less than 14 grams, such person
  520  shall be sentenced to a mandatory minimum term of imprisonment
  521  of 3 years, and the defendant shall be ordered to pay a fine of
  522  $50,000.
  523         b. Is 14 grams or more but less than 28 grams, such person
  524  shall be sentenced to a mandatory minimum term of imprisonment
  525  of 7 years, and the defendant shall be ordered to pay a fine of
  526  $100,000.
  527         c. Is 28 grams or more but less than 30 kilograms, such
  528  person shall be sentenced to a mandatory minimum term of
  529  imprisonment of 25 calendar years and pay a fine of $500,000.
  530         2. Any person who knowingly sells, purchases, manufactures,
  531  delivers, or brings into this state or who is knowingly in
  532  actual or constructive possession of 30 kilograms or more of
  533  flunitrazepam or any mixture containing flunitrazepam as
  534  described in s. 893.03(1)(a) commits the first degree felony of
  535  trafficking in flunitrazepam. A person who has been convicted of
  536  the first degree felony of trafficking in flunitrazepam under
  537  this subparagraph shall be punished by life imprisonment and is
  538  ineligible for any form of discretionary early release except
  539  pardon or executive clemency or conditional medical release
  540  under s. 947.149. However, if the court determines that, in
  541  addition to committing any act specified in this paragraph:
  542         a. The person intentionally killed an individual or
  543  counseled, commanded, induced, procured, or caused the
  544  intentional killing of an individual and such killing was the
  545  result; or
  546         b. The person’s conduct in committing that act led to a
  547  natural, though not inevitable, lethal result,
  548  
  549  such person commits the capital felony of trafficking in
  550  flunitrazepam, punishable as provided in ss. 775.082 and
  551  921.142. Any person sentenced for a capital felony under this
  552  paragraph shall also be sentenced to pay the maximum fine
  553  provided under subparagraph 1.
  554         (3) Notwithstanding the provisions of s. 948.01, with
  555  respect to any person who is found to have violated this
  556  section, adjudication of guilt or imposition of sentence shall
  557  not be suspended, deferred, or withheld, nor shall such person
  558  be eligible for parole prior to serving the mandatory minimum
  559  term of imprisonment prescribed by this section. A person
  560  sentenced to a mandatory minimum term of imprisonment under this
  561  section is not eligible for any form of discretionary early
  562  release, except pardon or executive clemency or conditional
  563  medical release under s. 947.149, prior to serving the mandatory
  564  minimum term of imprisonment.
  565         Section 9. For the purpose of incorporating the amendment
  566  made by this act to section 947.149, Florida Statutes, in a
  567  reference thereto, subsection (2) of section 921.0024, Florida
  568  Statutes, is reenacted to read:
  569         921.0024 Criminal Punishment Code; worksheet computations;
  570  scoresheets.—
  571         (2) The lowest permissible sentence is the minimum sentence
  572  that may be imposed by the trial court, absent a valid reason
  573  for departure. The lowest permissible sentence is any nonstate
  574  prison sanction in which the total sentence points equals or is
  575  less than 44 points, unless the court determines within its
  576  discretion that a prison sentence, which may be up to the
  577  statutory maximums for the offenses committed, is appropriate.
  578  When the total sentence points exceeds 44 points, the lowest
  579  permissible sentence in prison months shall be calculated by
  580  subtracting 28 points from the total sentence points and
  581  decreasing the remaining total by 25 percent. The total sentence
  582  points shall be calculated only as a means of determining the
  583  lowest permissible sentence. The permissible range for
  584  sentencing shall be the lowest permissible sentence up to and
  585  including the statutory maximum, as defined in s. 775.082, for
  586  the primary offense and any additional offenses before the court
  587  for sentencing. The sentencing court may impose such sentences
  588  concurrently or consecutively. However, any sentence to state
  589  prison must exceed 1 year. If the lowest permissible sentence
  590  under the code exceeds the statutory maximum sentence as
  591  provided in s. 775.082, the sentence required by the code must
  592  be imposed. If the total sentence points are greater than or
  593  equal to 363, the court may sentence the offender to life
  594  imprisonment. An offender sentenced to life imprisonment under
  595  this section is not eligible for any form of discretionary early
  596  release, except executive clemency or conditional medical
  597  release under s. 947.149.
  598         Section 10. For the purpose of incorporating the amendment
  599  made by this act to section 947.149, Florida Statutes, in a
  600  reference thereto, paragraph (b) of subsection (7) of section
  601  944.605, Florida Statutes, is reenacted to read:
  602         944.605 Inmate release; notification; identification card.—
  603         (7)
  604         (b) Paragraph (a) does not apply to inmates who:
  605         1. The department determines have a valid driver license or
  606  state identification card, except that the department shall
  607  provide these inmates with a replacement state identification
  608  card or replacement driver license, if necessary.
  609         2. Have an active detainer, unless the department
  610  determines that cancellation of the detainer is likely or that
  611  the incarceration for which the detainer was issued will be less
  612  than 12 months in duration.
  613         3. Are released due to an emergency release or a
  614  conditional medical release under s. 947.149.
  615         4. Are not in the physical custody of the department at or
  616  within 180 days before release.
  617         5. Are subject to sex offender residency restrictions, and
  618  who, upon release under such restrictions, do not have a
  619  qualifying address.
  620         Section 11. For the purpose of incorporating the amendment
  621  made by this act to section 947.149, Florida Statutes, in a
  622  reference thereto, paragraph (b) of subsection (1) of section
  623  944.70, Florida Statutes, is reenacted to read:
  624         944.70 Conditions for release from incarceration.—
  625         (1)
  626         (b) A person who is convicted of a crime committed on or
  627  after January 1, 1994, may be released from incarceration only:
  628         1. Upon expiration of the person’s sentence;
  629         2. Upon expiration of the person’s sentence as reduced by
  630  accumulated meritorious or incentive gain-time;
  631         3. As directed by an executive order granting clemency;
  632         4. Upon placement in a conditional release program pursuant
  633  to s. 947.1405 or a conditional medical release program pursuant
  634  to s. 947.149; or
  635         5. Upon the granting of control release, including
  636  emergency control release, pursuant to s. 947.146.
  637         Section 12. For the purpose of incorporating the amendment
  638  made by this act to section 947.149, Florida Statutes, in a
  639  reference thereto, paragraph (h) of subsection (1) of section
  640  947.13, Florida Statutes, is reenacted to read:
  641         947.13 Powers and duties of commission.—
  642         (1) The commission shall have the powers and perform the
  643  duties of:
  644         (h) Determining what persons will be released on
  645  conditional medical release under s. 947.149, establishing the
  646  conditions of conditional medical release, and determining
  647  whether a person has violated the conditions of conditional
  648  medical release and taking action with respect to such a
  649  violation.
  650         Section 13. For the purpose of incorporating the amendment
  651  made by this act to section 947.149, Florida Statutes, in a
  652  reference thereto, subsections (1), (2), and (7) of section
  653  947.141, Florida Statutes, are reenacted to read:
  654         947.141 Violations of conditional release, control release,
  655  or conditional medical release or addiction-recovery
  656  supervision.—
  657         (1) If a member of the commission or a duly authorized
  658  representative of the commission has reasonable grounds to
  659  believe that an offender who is on release supervision under s.
  660  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  661  the terms and conditions of the release in a material respect,
  662  such member or representative may cause a warrant to be issued
  663  for the arrest of the releasee; if the offender was found to be
  664  a sexual predator, the warrant must be issued.
  665         (2) Upon the arrest on a felony charge of an offender who
  666  is on release supervision under s. 947.1405, s. 947.146, s.
  667  947.149, or s. 944.4731, the offender must be detained without
  668  bond until the initial appearance of the offender at which a
  669  judicial determination of probable cause is made. If the trial
  670  court judge determines that there was no probable cause for the
  671  arrest, the offender may be released. If the trial court judge
  672  determines that there was probable cause for the arrest, such
  673  determination also constitutes reasonable grounds to believe
  674  that the offender violated the conditions of the release. Within
  675  24 hours after the trial court judge’s finding of probable
  676  cause, the detention facility administrator or designee shall
  677  notify the commission and the department of the finding and
  678  transmit to each a facsimile copy of the probable cause
  679  affidavit or the sworn offense report upon which the trial court
  680  judge’s probable cause determination is based. The offender must
  681  continue to be detained without bond for a period not exceeding
  682  72 hours excluding weekends and holidays after the date of the
  683  probable cause determination, pending a decision by the
  684  commission whether to issue a warrant charging the offender with
  685  violation of the conditions of release. Upon the issuance of the
  686  commission’s warrant, the offender must continue to be held in
  687  custody pending a revocation hearing held in accordance with
  688  this section.
  689         (7) If a law enforcement officer has probable cause to
  690  believe that an offender who is on release supervision under s.
  691  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  692  the terms and conditions of his or her release by committing a
  693  felony offense, the officer shall arrest the offender without a
  694  warrant, and a warrant need not be issued in the case.
  695         Section 14. This act shall take effect October 1, 2018.

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