Bill Text: FL S0346 | 2019 | Regular Session | Comm Sub
Bill Title: Conditional Medical Release
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-05-03 - Died in Appropriations [S0346 Detail]
Download: Florida-2019-S0346-Comm_Sub.html
Florida Senate - 2019 CS for SB 346
By the Committee on Criminal Justice; and Senator Brandes
591-02322-19 2019346c1
1 A bill to be entitled
2 An act relating to conditional medical release;
3 amending s. 947.005, F.S.; defining the terms
4 “conditional medical release”; amending s. 947.149,
5 F.S.; expanding eligibility for conditional medical
6 release to include inmates with debilitating
7 illnesses; defining the term “inmate with a
8 debilitating illness”; redefining the term “terminally
9 ill inmate”; reenacting ss. 316.1935(6),
10 775.084(4)(k), 775.087(2)(b) and (3)(b), 784.07(3),
11 790.235(1), 794.0115(7), 893.135(1)(b), (c), and (g),
12 and (3), 921.0024(2), 944.605(7)(b), 944.70(1)(b),
13 947.13(1)(h), and 947.141(1), (2), and (7), F.S., all
14 relating to authorized conditional medical release
15 granted under s. 947.149, F.S., to incorporate the
16 amendment made to s. 947.149, F.S., in references
17 thereto; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Present subsections (4) through (15) of section
22 947.005, Florida Statutes, are redesignated as subsections (5)
23 through (16), respectively, and a new subsection (4) is added to
24 that section, to read:
25 947.005 Definitions.—As used in this chapter, unless the
26 context clearly indicates otherwise:
27 (4) “Conditional medical release” means the release from a
28 state correctional institution or facility as provided in this
29 chapter for a medical or physical condition pursuant to s.
30 947.149.
31 Section 2. Subsection (1) of section 947.149, Florida
32 Statutes, is amended to read:
33 947.149 Conditional medical release.—
34 (1) The commission shall, in conjunction with the
35 department, establish the conditional medical release program.
36 An inmate is eligible for consideration for release under the
37 conditional medical release program when the inmate, because of
38 an existing medical or physical condition, is determined by the
39 department to be within one of the following designations:
40 (a) “Inmate with a debilitating illness,” which means an
41 inmate who is determined to be suffering from a significant
42 terminal or nonterminal condition, disease, or syndrome that has
43 rendered the inmate so physically or cognitively impaired,
44 debilitated, or incapacitated as to create a reasonable
45 probability that the inmate does not constitute a danger to
46 herself or himself or to others.
47 (b)(a) “Permanently incapacitated inmate,” which means an
48 inmate who has a condition caused by injury, disease, or illness
49 which, to a reasonable degree of medical certainty, renders the
50 inmate permanently and irreversibly physically incapacitated to
51 the extent that the inmate does not constitute a danger to
52 herself or himself or to others.
53 (c)(b) “Terminally ill inmate,” which means an inmate who
54 has a condition caused by injury, disease, or illness that
55 which, to a reasonable degree of medical certainty, renders the
56 inmate terminally ill to the extent that there can be no
57 recovery, and death is expected within 12 months is imminent,
58 and so that the inmate does not constitute a danger to herself
59 or himself or to others.
60 Section 3. For the purpose of incorporating the amendment
61 made by this act to section 947.149, Florida Statutes, in a
62 reference thereto, subsection (6) of section 316.1935, Florida
63 Statutes, is reenacted to read:
64 316.1935 Fleeing or attempting to elude a law enforcement
65 officer; aggravated fleeing or eluding.—
66 (6) Notwithstanding s. 948.01, no court may suspend, defer,
67 or withhold adjudication of guilt or imposition of sentence for
68 any violation of this section. A person convicted and sentenced
69 to a mandatory minimum term of incarceration under paragraph
70 (3)(b) or paragraph (4)(b) is not eligible for statutory gain
71 time under s. 944.275 or any form of discretionary early
72 release, other than pardon or executive clemency or conditional
73 medical release under s. 947.149, prior to serving the mandatory
74 minimum sentence.
75 Section 4. For the purpose of incorporating the amendment
76 made by this act to section 947.149, Florida Statutes, in a
77 reference thereto, paragraph (k) of subsection (4) of section
78 775.084, Florida Statutes, is reenacted to read:
79 775.084 Violent career criminals; habitual felony offenders
80 and habitual violent felony offenders; three-time violent felony
81 offenders; definitions; procedure; enhanced penalties or
82 mandatory minimum prison terms.—
83 (4)
84 (k)1. A defendant sentenced under this section as a
85 habitual felony offender, a habitual violent felony offender, or
86 a violent career criminal is eligible for gain-time granted by
87 the Department of Corrections as provided in s. 944.275(4)(b).
88 2. For an offense committed on or after October 1, 1995, a
89 defendant sentenced under this section as a violent career
90 criminal is not eligible for any form of discretionary early
91 release, other than pardon or executive clemency, or conditional
92 medical release granted pursuant to s. 947.149.
93 3. For an offense committed on or after July 1, 1999, a
94 defendant sentenced under this section as a three-time violent
95 felony offender shall be released only by expiration of sentence
96 and shall not be eligible for parole, control release, or any
97 form of early release.
98 Section 5. For the purpose of incorporating the amendment
99 made by this act to section 947.149, Florida Statutes, in a
100 reference thereto, paragraph (b) of subsection (2) and paragraph
101 (b) of subsection (3) of section 775.087, Florida Statutes, are
102 reenacted to read:
103 775.087 Possession or use of weapon; aggravated battery;
104 felony reclassification; minimum sentence.—
105 (2)
106 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
107 (a)3. does not prevent a court from imposing a longer sentence
108 of incarceration as authorized by law in addition to the minimum
109 mandatory sentence, or from imposing a sentence of death
110 pursuant to other applicable law. Subparagraph (a)1.,
111 subparagraph (a)2., or subparagraph (a)3. does not authorize a
112 court to impose a lesser sentence than otherwise required by
113 law.
114
115 Notwithstanding s. 948.01, adjudication of guilt or imposition
116 of sentence shall not be suspended, deferred, or withheld, and
117 the defendant is not eligible for statutory gain-time under s.
118 944.275 or any form of discretionary early release, other than
119 pardon or executive clemency, or conditional medical release
120 under s. 947.149, prior to serving the minimum sentence.
121 (3)
122 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
123 (a)3. does not prevent a court from imposing a longer sentence
124 of incarceration as authorized by law in addition to the minimum
125 mandatory sentence, or from imposing a sentence of death
126 pursuant to other applicable law. Subparagraph (a)1.,
127 subparagraph (a)2., or subparagraph (a)3. does not authorize a
128 court to impose a lesser sentence than otherwise required by
129 law.
130
131 Notwithstanding s. 948.01, adjudication of guilt or imposition
132 of sentence shall not be suspended, deferred, or withheld, and
133 the defendant is not eligible for statutory gain-time under s.
134 944.275 or any form of discretionary early release, other than
135 pardon or executive clemency, or conditional medical release
136 under s. 947.149, prior to serving the minimum sentence.
137 Section 6. For the purpose of incorporating the amendment
138 made by this act to section 947.149, Florida Statutes, in a
139 reference thereto, subsection (3) of section 784.07, Florida
140 Statutes, is reenacted to read:
141 784.07 Assault or battery of law enforcement officers,
142 firefighters, emergency medical care providers, public transit
143 employees or agents, or other specified officers;
144 reclassification of offenses; minimum sentences.—
145 (3) Any person who is convicted of a battery under
146 paragraph (2)(b) and, during the commission of the offense, such
147 person possessed:
148 (a) A “firearm” or “destructive device” as those terms are
149 defined in s. 790.001, shall be sentenced to a minimum term of
150 imprisonment of 3 years.
151 (b) A semiautomatic firearm and its high-capacity
152 detachable box magazine, as defined in s. 775.087(3), or a
153 machine gun as defined in s. 790.001, shall be sentenced to a
154 minimum term of imprisonment of 8 years.
155
156 Notwithstanding s. 948.01, adjudication of guilt or imposition
157 of sentence shall not be suspended, deferred, or withheld, and
158 the defendant is not eligible for statutory gain-time under s.
159 944.275 or any form of discretionary early release, other than
160 pardon or executive clemency, or conditional medical release
161 under s. 947.149, prior to serving the minimum sentence.
162 Section 7. For the purpose of incorporating the amendment
163 made by this act to section 947.149, Florida Statutes, in a
164 reference thereto, subsection (1) of section 790.235, Florida
165 Statutes, is reenacted to read:
166 790.235 Possession of firearm or ammunition by violent
167 career criminal unlawful; penalty.—
168 (1) Any person who meets the violent career criminal
169 criteria under s. 775.084(1)(d), regardless of whether such
170 person is or has previously been sentenced as a violent career
171 criminal, who owns or has in his or her care, custody,
172 possession, or control any firearm, ammunition, or electric
173 weapon or device, or carries a concealed weapon, including a
174 tear gas gun or chemical weapon or device, commits a felony of
175 the first degree, punishable as provided in s. 775.082, s.
176 775.083, or s. 775.084. A person convicted of a violation of
177 this section shall be sentenced to a mandatory minimum of 15
178 years’ imprisonment; however, if the person would be sentenced
179 to a longer term of imprisonment under s. 775.084(4)(d), the
180 person must be sentenced under that provision. A person
181 convicted of a violation of this section is not eligible for any
182 form of discretionary early release, other than pardon,
183 executive clemency, or conditional medical release under s.
184 947.149.
185 Section 8. For the purpose of incorporating the amendment
186 made by this act to section 947.149, Florida Statutes, in a
187 reference thereto, subsection (7) of section 794.0115, Florida
188 Statutes, is reenacted to read:
189 794.0115 Dangerous sexual felony offender; mandatory
190 sentencing.—
191 (7) A defendant sentenced to a mandatory minimum term of
192 imprisonment under this section is not eligible for statutory
193 gain-time under s. 944.275 or any form of discretionary early
194 release, other than pardon or executive clemency, or conditional
195 medical release under s. 947.149, before serving the minimum
196 sentence.
197 Section 9. For the purpose of incorporating the amendment
198 made by this act to section 947.149, Florida Statutes, in a
199 reference thereto, paragraphs (b), (c), and (g) of subsection
200 (1) and subsection (3) of section 893.135, Florida Statutes, are
201 reenacted to read:
202 893.135 Trafficking; mandatory sentences; suspension or
203 reduction of sentences; conspiracy to engage in trafficking.—
204 (1) Except as authorized in this chapter or in chapter 499
205 and notwithstanding the provisions of s. 893.13:
206 (b)1. Any person who knowingly sells, purchases,
207 manufactures, delivers, or brings into this state, or who is
208 knowingly in actual or constructive possession of, 28 grams or
209 more of cocaine, as described in s. 893.03(2)(a)4., or of any
210 mixture containing cocaine, but less than 150 kilograms of
211 cocaine or any such mixture, commits a felony of the first
212 degree, which felony shall be known as “trafficking in cocaine,”
213 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
214 If the quantity involved:
215 a. Is 28 grams or more, but less than 200 grams, such
216 person shall be sentenced to a mandatory minimum term of
217 imprisonment of 3 years, and the defendant shall be ordered to
218 pay a fine of $50,000.
219 b. Is 200 grams or more, but less than 400 grams, such
220 person shall be sentenced to a mandatory minimum term of
221 imprisonment of 7 years, and the defendant shall be ordered to
222 pay a fine of $100,000.
223 c. Is 400 grams or more, but less than 150 kilograms, such
224 person shall be sentenced to a mandatory minimum term of
225 imprisonment of 15 calendar years and pay a fine of $250,000.
226 2. Any person who knowingly sells, purchases, manufactures,
227 delivers, or brings into this state, or who is knowingly in
228 actual or constructive possession of, 150 kilograms or more of
229 cocaine, as described in s. 893.03(2)(a)4., commits the first
230 degree felony of trafficking in cocaine. A person who has been
231 convicted of the first degree felony of trafficking in cocaine
232 under this subparagraph shall be punished by life imprisonment
233 and is ineligible for any form of discretionary early release
234 except pardon or executive clemency or conditional medical
235 release under s. 947.149. However, if the court determines that,
236 in addition to committing any act specified in this paragraph:
237 a. The person intentionally killed an individual or
238 counseled, commanded, induced, procured, or caused the
239 intentional killing of an individual and such killing was the
240 result; or
241 b. The person’s conduct in committing that act led to a
242 natural, though not inevitable, lethal result,
243
244 such person commits the capital felony of trafficking in
245 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
246 person sentenced for a capital felony under this paragraph shall
247 also be sentenced to pay the maximum fine provided under
248 subparagraph 1.
249 3. Any person who knowingly brings into this state 300
250 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
251 and who knows that the probable result of such importation would
252 be the death of any person, commits capital importation of
253 cocaine, a capital felony punishable as provided in ss. 775.082
254 and 921.142. Any person sentenced for a capital felony under
255 this paragraph shall also be sentenced to pay the maximum fine
256 provided under subparagraph 1.
257 (c)1. A person who knowingly sells, purchases,
258 manufactures, delivers, or brings into this state, or who is
259 knowingly in actual or constructive possession of, 4 grams or
260 more of any morphine, opium, hydromorphone, or any salt,
261 derivative, isomer, or salt of an isomer thereof, including
262 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
263 (3)(c)4., or 4 grams or more of any mixture containing any such
264 substance, but less than 30 kilograms of such substance or
265 mixture, commits a felony of the first degree, which felony
266 shall be known as “trafficking in illegal drugs,” punishable as
267 provided in s. 775.082, s. 775.083, or s. 775.084. If the
268 quantity involved:
269 a. Is 4 grams or more, but less than 14 grams, such person
270 shall be sentenced to a mandatory minimum term of imprisonment
271 of 3 years and shall be ordered to pay a fine of $50,000.
272 b. Is 14 grams or more, but less than 28 grams, such person
273 shall be sentenced to a mandatory minimum term of imprisonment
274 of 15 years and shall be ordered to pay a fine of $100,000.
275 c. Is 28 grams or more, but less than 30 kilograms, such
276 person shall be sentenced to a mandatory minimum term of
277 imprisonment of 25 years and shall be ordered to pay a fine of
278 $500,000.
279 2. A person who knowingly sells, purchases, manufactures,
280 delivers, or brings into this state, or who is knowingly in
281 actual or constructive possession of, 14 grams or more of
282 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
283 described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
284 grams or more of any mixture containing any such substance,
285 commits a felony of the first degree, which felony shall be
286 known as “trafficking in hydrocodone,” punishable as provided in
287 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
288 a. Is 14 grams or more, but less than 28 grams, such person
289 shall be sentenced to a mandatory minimum term of imprisonment
290 of 3 years and shall be ordered to pay a fine of $50,000.
291 b. Is 28 grams or more, but less than 50 grams, such person
292 shall be sentenced to a mandatory minimum term of imprisonment
293 of 7 years and shall be ordered to pay a fine of $100,000.
294 c. Is 50 grams or more, but less than 200 grams, such
295 person shall be sentenced to a mandatory minimum term of
296 imprisonment of 15 years and shall be ordered to pay a fine of
297 $500,000.
298 d. Is 200 grams or more, but less than 30 kilograms, such
299 person shall be sentenced to a mandatory minimum term of
300 imprisonment of 25 years and shall be ordered to pay a fine of
301 $750,000.
302 3. A person who knowingly sells, purchases, manufactures,
303 delivers, or brings into this state, or who is knowingly in
304 actual or constructive possession of, 7 grams or more of
305 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
306 thereof, or 7 grams or more of any mixture containing any such
307 substance, commits a felony of the first degree, which felony
308 shall be known as “trafficking in oxycodone,” punishable as
309 provided in s. 775.082, s. 775.083, or s. 775.084. If the
310 quantity involved:
311 a. Is 7 grams or more, but less than 14 grams, such person
312 shall be sentenced to a mandatory minimum term of imprisonment
313 of 3 years and shall be ordered to pay a fine of $50,000.
314 b. Is 14 grams or more, but less than 25 grams, such person
315 shall be sentenced to a mandatory minimum term of imprisonment
316 of 7 years and shall be ordered to pay a fine of $100,000.
317 c. Is 25 grams or more, but less than 100 grams, such
318 person shall be sentenced to a mandatory minimum term of
319 imprisonment of 15 years and shall be ordered to pay a fine of
320 $500,000.
321 d. Is 100 grams or more, but less than 30 kilograms, such
322 person shall be sentenced to a mandatory minimum term of
323 imprisonment of 25 years and shall be ordered to pay a fine of
324 $750,000.
325 4.a. A person who knowingly sells, purchases, manufactures,
326 delivers, or brings into this state, or who is knowingly in
327 actual or constructive possession of, 4 grams or more of:
328 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
329 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
330 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
331 (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
332 (V) A fentanyl derivative, as described in s.
333 893.03(1)(a)62.;
334 (VI) A controlled substance analog, as described in s.
335 893.0356, of any substance described in sub-sub-subparagraphs
336 (I)-(V); or
337 (VII) A mixture containing any substance described in sub
338 sub-subparagraphs (I)-(VI),
339
340 commits a felony of the first degree, which felony shall be
341 known as “trafficking in fentanyl,” punishable as provided in s.
342 775.082, s. 775.083, or s. 775.084.
343 b. If the quantity involved under sub-subparagraph a.:
344 (I) Is 4 grams or more, but less than 14 grams, such person
345 shall be sentenced to a mandatory minimum term of imprisonment
346 of 3 years, and shall be ordered to pay a fine of $50,000.
347 (II) Is 14 grams or more, but less than 28 grams, such
348 person shall be sentenced to a mandatory minimum term of
349 imprisonment of 15 years, and shall be ordered to pay a fine of
350 $100,000.
351 (III) Is 28 grams or more, such person shall be sentenced
352 to a mandatory minimum term of imprisonment of 25 years, and
353 shall be ordered to pay a fine of $500,000.
354 5. A person who knowingly sells, purchases, manufactures,
355 delivers, or brings into this state, or who is knowingly in
356 actual or constructive possession of, 30 kilograms or more of
357 any morphine, opium, oxycodone, hydrocodone, codeine,
358 hydromorphone, or any salt, derivative, isomer, or salt of an
359 isomer thereof, including heroin, as described in s.
360 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
361 more of any mixture containing any such substance, commits the
362 first degree felony of trafficking in illegal drugs. A person
363 who has been convicted of the first degree felony of trafficking
364 in illegal drugs under this subparagraph shall be punished by
365 life imprisonment and is ineligible for any form of
366 discretionary early release except pardon or executive clemency
367 or conditional medical release under s. 947.149. However, if the
368 court determines that, in addition to committing any act
369 specified in this paragraph:
370 a. The person intentionally killed an individual or
371 counseled, commanded, induced, procured, or caused the
372 intentional killing of an individual and such killing was the
373 result; or
374 b. The person’s conduct in committing that act led to a
375 natural, though not inevitable, lethal result,
376
377 such person commits the capital felony of trafficking in illegal
378 drugs, punishable as provided in ss. 775.082 and 921.142. A
379 person sentenced for a capital felony under this paragraph shall
380 also be sentenced to pay the maximum fine provided under
381 subparagraph 1.
382 6. A person who knowingly brings into this state 60
383 kilograms or more of any morphine, opium, oxycodone,
384 hydrocodone, codeine, hydromorphone, or any salt, derivative,
385 isomer, or salt of an isomer thereof, including heroin, as
386 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
387 60 kilograms or more of any mixture containing any such
388 substance, and who knows that the probable result of such
389 importation would be the death of a person, commits capital
390 importation of illegal drugs, a capital felony punishable as
391 provided in ss. 775.082 and 921.142. A person sentenced for a
392 capital felony under this paragraph shall also be sentenced to
393 pay the maximum fine provided under subparagraph 1.
394 (g)1. Any person who knowingly sells, purchases,
395 manufactures, delivers, or brings into this state, or who is
396 knowingly in actual or constructive possession of, 4 grams or
397 more of flunitrazepam or any mixture containing flunitrazepam as
398 described in s. 893.03(1)(a) commits a felony of the first
399 degree, which felony shall be known as “trafficking in
400 flunitrazepam,” punishable as provided in s. 775.082, s.
401 775.083, or s. 775.084. If the quantity involved:
402 a. Is 4 grams or more but less than 14 grams, such person
403 shall be sentenced to a mandatory minimum term of imprisonment
404 of 3 years, and the defendant shall be ordered to pay a fine of
405 $50,000.
406 b. Is 14 grams or more but less than 28 grams, such person
407 shall be sentenced to a mandatory minimum term of imprisonment
408 of 7 years, and the defendant shall be ordered to pay a fine of
409 $100,000.
410 c. Is 28 grams or more but less than 30 kilograms, such
411 person shall be sentenced to a mandatory minimum term of
412 imprisonment of 25 calendar years and pay a fine of $500,000.
413 2. Any person who knowingly sells, purchases, manufactures,
414 delivers, or brings into this state or who is knowingly in
415 actual or constructive possession of 30 kilograms or more of
416 flunitrazepam or any mixture containing flunitrazepam as
417 described in s. 893.03(1)(a) commits the first degree felony of
418 trafficking in flunitrazepam. A person who has been convicted of
419 the first degree felony of trafficking in flunitrazepam under
420 this subparagraph shall be punished by life imprisonment and is
421 ineligible for any form of discretionary early release except
422 pardon or executive clemency or conditional medical release
423 under s. 947.149. However, if the court determines that, in
424 addition to committing any act specified in this paragraph:
425 a. The person intentionally killed an individual or
426 counseled, commanded, induced, procured, or caused the
427 intentional killing of an individual and such killing was the
428 result; or
429 b. The person’s conduct in committing that act led to a
430 natural, though not inevitable, lethal result,
431
432 such person commits the capital felony of trafficking in
433 flunitrazepam, punishable as provided in ss. 775.082 and
434 921.142. Any person sentenced for a capital felony under this
435 paragraph shall also be sentenced to pay the maximum fine
436 provided under subparagraph 1.
437 (3) Notwithstanding the provisions of s. 948.01, with
438 respect to any person who is found to have violated this
439 section, adjudication of guilt or imposition of sentence shall
440 not be suspended, deferred, or withheld, nor shall such person
441 be eligible for parole prior to serving the mandatory minimum
442 term of imprisonment prescribed by this section. A person
443 sentenced to a mandatory minimum term of imprisonment under this
444 section is not eligible for any form of discretionary early
445 release, except pardon or executive clemency or conditional
446 medical release under s. 947.149, prior to serving the mandatory
447 minimum term of imprisonment.
448 Section 10. For the purpose of incorporating the amendment
449 made by this act to section 947.149, Florida Statutes, in a
450 reference thereto, subsection (2) of section 921.0024, Florida
451 Statutes, is reenacted to read:
452 921.0024 Criminal Punishment Code; worksheet computations;
453 scoresheets.—
454 (2) The lowest permissible sentence is the minimum sentence
455 that may be imposed by the trial court, absent a valid reason
456 for departure. The lowest permissible sentence is any nonstate
457 prison sanction in which the total sentence points equals or is
458 less than 44 points, unless the court determines within its
459 discretion that a prison sentence, which may be up to the
460 statutory maximums for the offenses committed, is appropriate.
461 When the total sentence points exceeds 44 points, the lowest
462 permissible sentence in prison months shall be calculated by
463 subtracting 28 points from the total sentence points and
464 decreasing the remaining total by 25 percent. The total sentence
465 points shall be calculated only as a means of determining the
466 lowest permissible sentence. The permissible range for
467 sentencing shall be the lowest permissible sentence up to and
468 including the statutory maximum, as defined in s. 775.082, for
469 the primary offense and any additional offenses before the court
470 for sentencing. The sentencing court may impose such sentences
471 concurrently or consecutively. However, any sentence to state
472 prison must exceed 1 year. If the lowest permissible sentence
473 under the code exceeds the statutory maximum sentence as
474 provided in s. 775.082, the sentence required by the code must
475 be imposed. If the total sentence points are greater than or
476 equal to 363, the court may sentence the offender to life
477 imprisonment. An offender sentenced to life imprisonment under
478 this section is not eligible for any form of discretionary early
479 release, except executive clemency or conditional medical
480 release under s. 947.149.
481 Section 11. For the purpose of incorporating the amendment
482 made by this act to section 947.149, Florida Statutes, in a
483 reference thereto, paragraph (b) of subsection (7) of section
484 944.605, Florida Statutes, is reenacted to read:
485 944.605 Inmate release; notification; identification card.—
486 (7)
487 (b) Paragraph (a) does not apply to inmates who:
488 1. The department determines have a valid driver license or
489 state identification card, except that the department shall
490 provide these inmates with a replacement state identification
491 card or replacement driver license, if necessary.
492 2. Have an active detainer, unless the department
493 determines that cancellation of the detainer is likely or that
494 the incarceration for which the detainer was issued will be less
495 than 12 months in duration.
496 3. Are released due to an emergency release or a
497 conditional medical release under s. 947.149.
498 4. Are not in the physical custody of the department at or
499 within 180 days before release.
500 5. Are subject to sex offender residency restrictions, and
501 who, upon release under such restrictions, do not have a
502 qualifying address.
503 Section 12. For the purpose of incorporating the amendment
504 made by this act to section 947.149, Florida Statutes, in a
505 reference thereto, paragraph (b) of subsection (1) of section
506 944.70, Florida Statutes, is reenacted to read:
507 944.70 Conditions for release from incarceration.—
508 (1)
509 (b) A person who is convicted of a crime committed on or
510 after January 1, 1994, may be released from incarceration only:
511 1. Upon expiration of the person’s sentence;
512 2. Upon expiration of the person’s sentence as reduced by
513 accumulated meritorious or incentive gain-time;
514 3. As directed by an executive order granting clemency;
515 4. Upon placement in a conditional release program pursuant
516 to s. 947.1405 or a conditional medical release program pursuant
517 to s. 947.149; or
518 5. Upon the granting of control release, including
519 emergency control release, pursuant to s. 947.146.
520 Section 13. For the purpose of incorporating the amendment
521 made by this act to section 947.149, Florida Statutes, in a
522 reference thereto, paragraph (h) of subsection (1) of section
523 947.13, Florida Statutes, is reenacted to read:
524 947.13 Powers and duties of commission.—
525 (1) The commission shall have the powers and perform the
526 duties of:
527 (h) Determining what persons will be released on
528 conditional medical release under s. 947.149, establishing the
529 conditions of conditional medical release, and determining
530 whether a person has violated the conditions of conditional
531 medical release and taking action with respect to such a
532 violation.
533 Section 14. For the purpose of incorporating the amendment
534 made by this act to section 947.149, Florida Statutes, in a
535 reference thereto, subsections (1), (2), and (7) of section
536 947.141, Florida Statutes, are reenacted to read:
537 947.141 Violations of conditional release, control release,
538 or conditional medical release or addiction-recovery
539 supervision.—
540 (1) If a member of the commission or a duly authorized
541 representative of the commission has reasonable grounds to
542 believe that an offender who is on release supervision under s.
543 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
544 the terms and conditions of the release in a material respect,
545 such member or representative may cause a warrant to be issued
546 for the arrest of the releasee; if the offender was found to be
547 a sexual predator, the warrant must be issued.
548 (2) Upon the arrest on a felony charge of an offender who
549 is on release supervision under s. 947.1405, s. 947.146, s.
550 947.149, or s. 944.4731, the offender must be detained without
551 bond until the initial appearance of the offender at which a
552 judicial determination of probable cause is made. If the trial
553 court judge determines that there was no probable cause for the
554 arrest, the offender may be released. If the trial court judge
555 determines that there was probable cause for the arrest, such
556 determination also constitutes reasonable grounds to believe
557 that the offender violated the conditions of the release. Within
558 24 hours after the trial court judge’s finding of probable
559 cause, the detention facility administrator or designee shall
560 notify the commission and the department of the finding and
561 transmit to each a facsimile copy of the probable cause
562 affidavit or the sworn offense report upon which the trial court
563 judge’s probable cause determination is based. The offender must
564 continue to be detained without bond for a period not exceeding
565 72 hours excluding weekends and holidays after the date of the
566 probable cause determination, pending a decision by the
567 commission whether to issue a warrant charging the offender with
568 violation of the conditions of release. Upon the issuance of the
569 commission’s warrant, the offender must continue to be held in
570 custody pending a revocation hearing held in accordance with
571 this section.
572 (7) If a law enforcement officer has probable cause to
573 believe that an offender who is on release supervision under s.
574 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
575 the terms and conditions of his or her release by committing a
576 felony offense, the officer shall arrest the offender without a
577 warrant, and a warrant need not be issued in the case.
578 Section 15. This act shall take effect October 1, 2019.
