Bill Text: FL S0556 | 2020 | Regular Session | Comm Sub


Bill Title: Inmate Conditional Medical Release

Spectrum:

Status: (Failed) 2020-03-14 - Died in Appropriations [S0556 Detail]

Download: Florida-2020-S0556-Comm_Sub.html
       Florida Senate - 2020                              CS for SB 556
       
       
        
       By the Committee on Criminal Justice; and Senators Brandes,
       Perry, and Bracy
       
       
       
       
       591-01355A-20                                          2020556c1
    1                        A bill to be entitled                      
    2         An act relating to inmate conditional medical release;
    3         creating s. 945.0911, F.S.; establishing the
    4         conditional medical release program within the
    5         Department of Corrections; establishing a panel to
    6         consider specified matters; defining terms; providing
    7         for program eligibility; requiring any inmate who
    8         meets certain criteria to be considered for
    9         conditional medical release; providing that the inmate
   10         does not have a right to release or to a certain
   11         medical evaluation; requiring the department to
   12         identify eligible inmates; requiring the department to
   13         refer an inmate to the panel for consideration;
   14         providing for victim notification in certain
   15         circumstances; requiring the panel to conduct a
   16         hearing within a specified timeframe; specifying
   17         requirements for the hearing; providing a review
   18         process for an inmate who is denied release; providing
   19         conditions for release; providing that an inmate who
   20         is approved for conditional medical release must be
   21         released from the department in a reasonable amount of
   22         time; providing that an inmate is considered a medical
   23         releasee upon release from the department into the
   24         community; providing that a medical releasee remains
   25         in the care, custody, supervision, and control of the
   26         department and is eligible to earn or lose gain-time;
   27         prohibiting a medical releasee or his or her
   28         community-based housing from being counted in the
   29         prison system population and the prison capacity
   30         figures, respectively; providing for the revocation of
   31         a medical releasee’s conditional medical release;
   32         authorizing the medical releasee to be returned to the
   33         department’s custody if his or her medical or physical
   34         condition improves; requiring a majority of the panel
   35         members to agree on the appropriateness of revocation;
   36         providing that gain-time is not forfeited for
   37         revocation based on improvement in the medical
   38         releasee’s condition; providing a review process for a
   39         medical releasee who has his or her release revoked;
   40         authorizing the medical releasee to be recommitted if
   41         he or she violates any conditions of the release;
   42         requiring that the medical releasee be detained if a
   43         violation is based on certain circumstances; requiring
   44         that a majority of the panel members agree on the
   45         appropriateness of revocation; requiring specified
   46         medical releasees to be recommitted to the department
   47         upon the revocation of the conditional medical
   48         release; authorizing the forfeiture of gain-time if
   49         the revocation is based on certain violations;
   50         providing a review process for a medical releasee who
   51         has his or her release revoked; requiring that the
   52         medical releasee be given specified information in
   53         certain instances; requiring the department to notify
   54         certain persons within a specified time frame of an
   55         inmate’s diagnosis of a terminal medical condition;
   56         requiring the department to allow a visit between an
   57         inmate and certain persons within 7 days of a
   58         diagnosis of a terminal medical condition; requiring
   59         the department to initiate the conditional medical
   60         release review process immediately upon an inmate’s
   61         diagnosis of a terminal medical condition; requiring
   62         the inmate to consent to release of information in
   63         certain circumstances; providing rulemaking authority;
   64         repealing s. 947.149, F.S., relating to conditional
   65         medical release; amending ss. 316.1935, 775.084,
   66         775.087, 784.07, 790.235, 794.0115, 893.135, 921.0024,
   67         944.605, 944.70, 947.13, and 947.141, F.S.; conforming
   68         cross-references to changes made by the act; providing
   69         an effective date.
   70          
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Section 945.0911, Florida Statutes, is created
   74  to read:
   75         945.0911 Conditional medical release.—
   76         (1) CREATION.—There is established a conditional medical
   77  release program within the department for the purpose of
   78  determining whether release is appropriate for eligible inmates,
   79  supervising the released inmates, and conducting revocation
   80  hearings as provided for in this section. The establishment of
   81  the conditional medical release program must include a panel of
   82  at least three people appointed by the secretary or his or her
   83  designee for the purpose of determining the appropriateness of
   84  conditional medical release and conducting revocation hearings
   85  on the inmate releases.
   86         (2)DEFINITIONS.—As used in this section, the term:
   87         (a) “Inmate with a debilitating illness” means an inmate
   88  who is determined to be suffering from a significant terminal or
   89  nonterminal condition, disease, or syndrome that has rendered
   90  the inmate so physically or cognitively impaired, debilitated,
   91  or incapacitated as to create a reasonable probability that the
   92  inmate does not constitute a danger to himself or herself to
   93  others.
   94         (b) “Permanently incapacitated inmate” means an inmate who
   95  has a condition caused by injury, disease, or illness which, to
   96  a reasonable degree of medical certainty, renders the inmate
   97  permanently and irreversibly physically incapacitated to the
   98  extent that the inmate does not constitute a danger to himself
   99  or herself or to others.
  100         (c) “Terminally ill inmate” means an inmate who has a
  101  condition caused by injury, disease, or illness that, to a
  102  reasonable degree of medical certainty, renders the inmate
  103  terminally ill to the extent that there can be no recovery,
  104  death is expected within 12 months, and the inmate does not
  105  constitute a danger to himself or herself or to others.
  106         (3) ELIGIBILITY.—An inmate is eligible for consideration
  107  for release under the conditional medical release program when
  108  the inmate, because of an existing medical or physical
  109  condition, is determined by the department to be an inmate with
  110  a debilitating illness, a permanently incapacitated inmate, or a
  111  terminally ill inmate.
  112         (4) REFERRAL FOR CONSIDERATION.—
  113         (a)1.Notwithstanding any provision to the contrary, any
  114  inmate in the custody of the department who meets one or more of
  115  the eligibility requirements under subsection (3) must be
  116  considered for conditional medical release.
  117         2. The authority to grant conditional medical release rests
  118  solely with the department. An inmate does not have a right to
  119  release or to a medical evaluation to determine eligibility for
  120  release pursuant to this section.
  121         (b) The department must identify inmates who may be
  122  eligible for conditional medical release based upon available
  123  medical information. In considering an inmate for conditional
  124  medical release, the department may require additional medical
  125  evidence, including examinations of the inmate, or any other
  126  additional investigations the department deems necessary for
  127  determining the appropriateness of the eligible inmate’s
  128  release.
  129         (c) The department must refer an inmate to the panel
  130  established under subsection (1) for review and determination of
  131  conditional medical release upon his or her identification as
  132  potentially eligible for release pursuant to this section.
  133         (d) If the case that resulted in the inmate’s commitment to
  134  the department involved a victim, and the victim specifically
  135  requested notification pursuant to s. 16, Art. I of the State
  136  Constitution, the department must notify the victim of the
  137  inmate’s referral to the panel immediately upon identification
  138  of the inmate as potentially eligible for release under this
  139  section. Additionally, the victim must be afforded the right to
  140  be heard regarding the release of the inmate.
  141         (5) DETERMINATION OF RELEASE.—
  142         (a) Within 45 days after receiving the referral, the panel
  143  established in subsection (1) must conduct a hearing to
  144  determine whether conditional medical release is appropriate for
  145  the inmate. Before the hearing, the director of inmate health
  146  services or his or her designee must review any relevant
  147  information, including, but not limited to, medical evidence,
  148  and provide the panel with a recommendation regarding the
  149  appropriateness of releasing the inmate pursuant to this
  150  section.
  151         (b) A majority of the panel members must agree that release
  152  pursuant to this section is appropriate for the inmate. If
  153  conditional medical release is approved, the inmate must be
  154  released by the department to the community within a reasonable
  155  amount of time with necessary release conditions imposed
  156  pursuant to subsection (6). An inmate who is granted conditional
  157  medical release is considered a medical releasee upon release to
  158  the community.
  159         (c) An inmate who is denied conditional medical release by
  160  the panel may have the decision reviewed by the department’s
  161  general counsel and chief medical officer, who must make a
  162  recommendation to the secretary. The secretary must review all
  163  relevant information and make a final decision about the
  164  appropriateness of conditional medical release pursuant to this
  165  section. The decision of the secretary is a final administrative
  166  decision not subject to appeal. An inmate who is denied
  167  conditional medical release may be subsequently reconsidered for
  168  such release in a manner prescribed by department rule.
  169         (6) RELEASE CONDITIONS.—
  170         (a) An inmate granted release pursuant to this section is
  171  released for a period equal to the length of time remaining on
  172  his or her term of imprisonment on the date the release is
  173  granted. Such inmate is considered a medical releasee upon
  174  release from the department into the community. The medical
  175  releasee must comply with all reasonable conditions of release
  176  the department imposes, which must include, at a minimum:
  177         1. Periodic medical evaluations at intervals determined by
  178  the department at the time of release.
  179         2. Supervision by an officer trained to handle special
  180  offender caseloads.
  181         3. Active electronic monitoring, if such monitoring is
  182  determined to be necessary to ensure the safety of the public
  183  and the medical releasee’s compliance with release conditions.
  184         4. Any conditions of community control provided for in s.
  185  948.101.
  186         5. Any other conditions the department deems appropriate to
  187  ensure the safety of the community and compliance by the medical
  188  releasee.
  189         (b) A medical releasee is considered to be in the care,
  190  custody, supervision, and control of the department and remains
  191  eligible to earn or lose gain-time in accordance with s. 944.275
  192  and department rule. The medical releasee may not be counted in
  193  the prison system population, and the medical releasee’s
  194  approved community-based housing location may not be counted in
  195  the capacity figures for the prison system.
  196         (7) REVOCATION HEARING AND RECOMMITMENT.—
  197         (a)1.If the medical releasee’s supervision officer
  198  discovers that the medical or physical condition of the medical
  199  releasee has improved to the extent that she or he would no
  200  longer be eligible for release under this section, then the
  201  conditional medical release may be revoked. The department may
  202  order, as prescribed by department rule, that the medical
  203  releasee be returned to the custody of the department for a
  204  conditional medical release revocation hearing or may allow the
  205  medical releasee to remain in the community pending the
  206  revocation hearing.
  207         2. The revocation hearing must be conducted by the panel
  208  established in subsection (1). Before a revocation hearing
  209  pursuant to this paragraph, the director of inmate health
  210  services or his or her designee must review any medical evidence
  211  pertaining to the medical releasee and provide the panel with a
  212  recommendation regarding the medical releasee’s improvement and
  213  current medical or physical condition.
  214         3. A majority of the panel members must agree that
  215  revocation is appropriate for the medical releasee’s conditional
  216  medical release to be revoked. If conditional medical release is
  217  revoked due to improvement in his or her medical or physical
  218  condition, the medical releasee must be recommitted to the
  219  department to serve the balance of his or her sentence with
  220  credit for the time served on conditional medical release and
  221  without forfeiture of any gain-time accrued before recommitment.
  222  If the medical releasee whose conditional medical release is
  223  revoked due to an improvement in her or his medical or physical
  224  condition would otherwise be eligible for parole or any other
  225  release program, he or she may be considered for such release
  226  program pursuant to law.
  227         4. A medical releasee whose conditional medical release is
  228  revoked pursuant to this paragraph may have the decision
  229  reviewed by the department’s general counsel and chief medical
  230  officer, who must make a recommendation to the secretary. The
  231  secretary must review all relevant information and make a final
  232  decision about the appropriateness of the revocation of
  233  conditional medical release pursuant to this paragraph. The
  234  decision of the secretary is a final administrative decision not
  235  subject to appeal.
  236         (b)1. The medical releasee’s conditional medical release
  237  may also be revoked for violation of any release conditions the
  238  department establishes, including, but not limited to, a new
  239  violation of law.
  240         2. If the basis of the violation of release conditions is
  241  related to a new violation of law, the medical releasee must be
  242  detained without bond until his or her initial appearance at
  243  which a judicial determination of probable cause is made. If the
  244  judge determines that there was no probable cause for the
  245  arrest, the medical releasee may be released. If the judge
  246  determines that there was probable cause for the arrest, the
  247  judge’s determination also constitutes reasonable grounds to
  248  believe that the medical releasee violated the conditions of the
  249  conditional medical release.
  250         3. The department must order that the medical releasee
  251  subject to revocation under this paragraph be returned to
  252  department custody for a conditional medical release revocation
  253  hearing.
  254         4. A majority of the panel members must agree that
  255  revocation is appropriate for the medical releasee’s conditional
  256  medical release to be revoked. If conditional medical release is
  257  revoked pursuant to this paragraph, the medical releasee must
  258  serve the balance of his or her sentence with credit for the
  259  actual time served on conditional medical release. The
  260  releasee’s gain-time accrued before recommitment may be
  261  forfeited pursuant to s. 944.28(1). If the medical releasee
  262  whose conditional medical release is revoked subject to this
  263  paragraph would otherwise be eligible for parole or any other
  264  release program, he or she may be considered for such release
  265  program pursuant to law.
  266         5. A medical releasee whose conditional medical release has
  267  been revoked pursuant to this paragraph may have the revocation
  268  reviewed by the department’s general counsel, who must make a
  269  recommendation to the secretary. The secretary must review all
  270  relevant information and make a final decision about the
  271  appropriateness of the revocation of conditional medical release
  272  pursuant to this paragraph. The decision of the secretary is a
  273  final administrative decision not subject to appeal.
  274         (c) If the medical releasee subject to revocation under
  275  paragraph (a) or paragraph (b) elects to proceed with a hearing,
  276  the medical releasee must be informed orally and in writing of
  277  the following:
  278         1. The alleged basis for the pending revocation proceeding
  279  against the releasee.
  280         2. The releasee’s right to be represented by counsel.
  281  However, this subparagraph does not create a right to publicly
  282  funded legal counsel.
  283         3. The releasee’s right to be heard in person.
  284         4. The releasee’s right to secure, present, and compel the
  285  attendance of witnesses relevant to the proceeding.
  286         5. The releasee’s right to produce documents on his or her
  287  own behalf.
  288         6. The releasee’s right of access to all evidence used to
  289  support the revocation proceeding against the releasee and to
  290  confront and cross-examine adverse witnesses.
  291         7. The releasee’s right to waive the hearing.
  292         (8) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A
  293  TERMINAL CONDITION.—
  294         (a) If an inmate is diagnosed with a terminal medical
  295  condition that makes him or her eligible for consideration for
  296  release under paragraph (2)(c) while in the custody of the
  297  department, subject to confidentiality requirements, the
  298  department must:
  299         1.Notify the inmate’s family or next of kin, and attorney,
  300  if applicable, of such diagnosis within 72 hours of the
  301  diagnosis.
  302         2.Provide the inmate’s family, including extended family,
  303  with an opportunity to visit the inmate in person within 7 days
  304  upon such diagnosis.
  305         3.Initiate a review for conditional medical release as
  306  provided for in this section immediately upon such diagnosis.
  307         (b) If the inmate has mental and physical capacity, he or
  308  she must consent to release of confidential information for the
  309  department to comply with the notification requirements required
  310  in this subsection.
  311         (9) RULEMAKING AUTHORITY.—The department may adopt rules as
  312  necessary to implement this section.
  313         Section 2. Section 947.149, Florida Statutes, is repealed.
  314         Section 3. Subsection (6) of section 316.1935, Florida
  315  Statutes, is amended to read:
  316         316.1935 Fleeing or attempting to elude a law enforcement
  317  officer; aggravated fleeing or eluding.—
  318         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  319  or withhold adjudication of guilt or imposition of sentence for
  320  any violation of this section. A person convicted and sentenced
  321  to a mandatory minimum term of incarceration under paragraph
  322  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  323  time under s. 944.275 or any form of discretionary early
  324  release, other than pardon or executive clemency or conditional
  325  medical release under s. 945.0911 s. 947.149, prior to serving
  326  the mandatory minimum sentence.
  327         Section 4. Paragraph (k) of subsection (4) of section
  328  775.084, Florida Statutes, is amended to read:
  329         775.084 Violent career criminals; habitual felony offenders
  330  and habitual violent felony offenders; three-time violent felony
  331  offenders; definitions; procedure; enhanced penalties or
  332  mandatory minimum prison terms.—
  333         (4)
  334         (k)1. A defendant sentenced under this section as a
  335  habitual felony offender, a habitual violent felony offender, or
  336  a violent career criminal is eligible for gain-time granted by
  337  the Department of Corrections as provided in s. 944.275(4)(b).
  338         2. For an offense committed on or after October 1, 1995, a
  339  defendant sentenced under this section as a violent career
  340  criminal is not eligible for any form of discretionary early
  341  release, other than pardon or executive clemency, or conditional
  342  medical release granted pursuant to s. 945.0911 s. 947.149.
  343         3. For an offense committed on or after July 1, 1999, a
  344  defendant sentenced under this section as a three-time violent
  345  felony offender shall be released only by expiration of sentence
  346  and shall not be eligible for parole, control release, or any
  347  form of early release.
  348         Section 5. Paragraph (b) of subsection (2) and paragraph
  349  (b) of subsection (3) of section 775.087, Florida Statutes, are
  350  amended to read:
  351         775.087 Possession or use of weapon; aggravated battery;
  352  felony reclassification; minimum sentence.—
  353         (2)
  354         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  355  (a)3. does not prevent a court from imposing a longer sentence
  356  of incarceration as authorized by law in addition to the minimum
  357  mandatory sentence, or from imposing a sentence of death
  358  pursuant to other applicable law. Subparagraph (a)1.,
  359  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  360  court to impose a lesser sentence than otherwise required by
  361  law.
  362  
  363  Notwithstanding s. 948.01, adjudication of guilt or imposition
  364  of sentence shall not be suspended, deferred, or withheld, and
  365  the defendant is not eligible for statutory gain-time under s.
  366  944.275 or any form of discretionary early release, other than
  367  pardon or executive clemency, or conditional medical release
  368  under s. 945.0911 s. 947.149, prior to serving the minimum
  369  sentence.
  370         (3)
  371         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  372  (a)3. does not prevent a court from imposing a longer sentence
  373  of incarceration as authorized by law in addition to the minimum
  374  mandatory sentence, or from imposing a sentence of death
  375  pursuant to other applicable law. Subparagraph (a)1.,
  376  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  377  court to impose a lesser sentence than otherwise required by
  378  law.
  379  
  380  Notwithstanding s. 948.01, adjudication of guilt or imposition
  381  of sentence shall not be suspended, deferred, or withheld, and
  382  the defendant is not eligible for statutory gain-time under s.
  383  944.275 or any form of discretionary early release, other than
  384  pardon or executive clemency, or conditional medical release
  385  under s. 945.0911 s. 947.149, prior to serving the minimum
  386  sentence.
  387         Section 6. Subsection (3) of section 784.07, Florida
  388  Statutes, is amended to read:
  389         784.07 Assault or battery of law enforcement officers,
  390  firefighters, emergency medical care providers, public transit
  391  employees or agents, or other specified officers;
  392  reclassification of offenses; minimum sentences.—
  393         (3) Any person who is convicted of a battery under
  394  paragraph (2)(b) and, during the commission of the offense, such
  395  person possessed:
  396         (a) A “firearm” or “destructive device” as those terms are
  397  defined in s. 790.001, shall be sentenced to a minimum term of
  398  imprisonment of 3 years.
  399         (b) A semiautomatic firearm and its high-capacity
  400  detachable box magazine, as defined in s. 775.087(3), or a
  401  machine gun as defined in s. 790.001, shall be sentenced to a
  402  minimum term of imprisonment of 8 years.
  403  
  404  Notwithstanding s. 948.01, adjudication of guilt or imposition
  405  of sentence shall not be suspended, deferred, or withheld, and
  406  the defendant is not eligible for statutory gain-time under s.
  407  944.275 or any form of discretionary early release, other than
  408  pardon or executive clemency, or conditional medical release
  409  under s. 945.0911 s. 947.149, prior to serving the minimum
  410  sentence.
  411         Section 7. Subsection (1) of section 790.235, Florida
  412  Statutes, is amended to read:
  413         790.235 Possession of firearm or ammunition by violent
  414  career criminal unlawful; penalty.—
  415         (1) Any person who meets the violent career criminal
  416  criteria under s. 775.084(1)(d), regardless of whether such
  417  person is or has previously been sentenced as a violent career
  418  criminal, who owns or has in his or her care, custody,
  419  possession, or control any firearm, ammunition, or electric
  420  weapon or device, or carries a concealed weapon, including a
  421  tear gas gun or chemical weapon or device, commits a felony of
  422  the first degree, punishable as provided in s. 775.082, s.
  423  775.083, or s. 775.084. A person convicted of a violation of
  424  this section shall be sentenced to a mandatory minimum of 15
  425  years’ imprisonment; however, if the person would be sentenced
  426  to a longer term of imprisonment under s. 775.084(4)(d), the
  427  person must be sentenced under that provision. A person
  428  convicted of a violation of this section is not eligible for any
  429  form of discretionary early release, other than pardon,
  430  executive clemency, or conditional medical release under s.
  431  945.0911 s. 947.149.
  432         Section 8. Subsection (7) of section 794.0115, Florida
  433  Statutes, is amended to read:
  434         794.0115 Dangerous sexual felony offender; mandatory
  435  sentencing.—
  436         (7) A defendant sentenced to a mandatory minimum term of
  437  imprisonment under this section is not eligible for statutory
  438  gain-time under s. 944.275 or any form of discretionary early
  439  release, other than pardon or executive clemency, or conditional
  440  medical release under s. 945.0911 s. 947.149, before serving the
  441  minimum sentence.
  442         Section 9. Paragraphs (b), (c), and (g) of subsection (1)
  443  and subsection (3) of section 893.135, Florida Statutes, are
  444  amended to read:
  445         893.135 Trafficking; mandatory sentences; suspension or
  446  reduction of sentences; conspiracy to engage in trafficking.—
  447         (1) Except as authorized in this chapter or in chapter 499
  448  and notwithstanding the provisions of s. 893.13:
  449         (b)1. Any person who knowingly sells, purchases,
  450  manufactures, delivers, or brings into this state, or who is
  451  knowingly in actual or constructive possession of, 28 grams or
  452  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  453  mixture containing cocaine, but less than 150 kilograms of
  454  cocaine or any such mixture, commits a felony of the first
  455  degree, which felony shall be known as “trafficking in cocaine,”
  456  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  457  If the quantity involved:
  458         a. Is 28 grams or more, but less than 200 grams, such
  459  person shall be sentenced to a mandatory minimum term of
  460  imprisonment of 3 years, and the defendant shall be ordered to
  461  pay a fine of $50,000.
  462         b. Is 200 grams or more, but less than 400 grams, such
  463  person shall be sentenced to a mandatory minimum term of
  464  imprisonment of 7 years, and the defendant shall be ordered to
  465  pay a fine of $100,000.
  466         c. Is 400 grams or more, but less than 150 kilograms, such
  467  person shall be sentenced to a mandatory minimum term of
  468  imprisonment of 15 calendar years and pay a fine of $250,000.
  469         2. Any person who knowingly sells, purchases, manufactures,
  470  delivers, or brings into this state, or who is knowingly in
  471  actual or constructive possession of, 150 kilograms or more of
  472  cocaine, as described in s. 893.03(2)(a)4., commits the first
  473  degree felony of trafficking in cocaine. A person who has been
  474  convicted of the first degree felony of trafficking in cocaine
  475  under this subparagraph shall be punished by life imprisonment
  476  and is ineligible for any form of discretionary early release
  477  except pardon or executive clemency or conditional medical
  478  release under s. 945.0911 s. 947.149. However, if the court
  479  determines that, in addition to committing any act specified in
  480  this paragraph:
  481         a. The person intentionally killed an individual or
  482  counseled, commanded, induced, procured, or caused the
  483  intentional killing of an individual and such killing was the
  484  result; or
  485         b. The person’s conduct in committing that act led to a
  486  natural, though not inevitable, lethal result,
  487  
  488  such person commits the capital felony of trafficking in
  489  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  490  person sentenced for a capital felony under this paragraph shall
  491  also be sentenced to pay the maximum fine provided under
  492  subparagraph 1.
  493         3. Any person who knowingly brings into this state 300
  494  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  495  and who knows that the probable result of such importation would
  496  be the death of any person, commits capital importation of
  497  cocaine, a capital felony punishable as provided in ss. 775.082
  498  and 921.142. Any person sentenced for a capital felony under
  499  this paragraph shall also be sentenced to pay the maximum fine
  500  provided under subparagraph 1.
  501         (c)1. A person who knowingly sells, purchases,
  502  manufactures, delivers, or brings into this state, or who is
  503  knowingly in actual or constructive possession of, 4 grams or
  504  more of any morphine, opium, hydromorphone, or any salt,
  505  derivative, isomer, or salt of an isomer thereof, including
  506  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  507  (3)(c)4., or 4 grams or more of any mixture containing any such
  508  substance, but less than 30 kilograms of such substance or
  509  mixture, commits a felony of the first degree, which felony
  510  shall be known as “trafficking in illegal drugs,” punishable as
  511  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  512  quantity involved:
  513         a. Is 4 grams or more, but less than 14 grams, such person
  514  shall be sentenced to a mandatory minimum term of imprisonment
  515  of 3 years and shall be ordered to pay a fine of $50,000.
  516         b. Is 14 grams or more, but less than 28 grams, such person
  517  shall be sentenced to a mandatory minimum term of imprisonment
  518  of 15 years and shall be ordered to pay a fine of $100,000.
  519         c. Is 28 grams or more, but less than 30 kilograms, such
  520  person shall be sentenced to a mandatory minimum term of
  521  imprisonment of 25 years and shall be ordered to pay a fine of
  522  $500,000.
  523         2. A person who knowingly sells, purchases, manufactures,
  524  delivers, or brings into this state, or who is knowingly in
  525  actual or constructive possession of, 28 grams or more of
  526  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  527  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  528  grams or more of any mixture containing any such substance,
  529  commits a felony of the first degree, which felony shall be
  530  known as “trafficking in hydrocodone,” punishable as provided in
  531  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  532         a. Is 28 grams or more, but less than 50 grams, such person
  533  shall be sentenced to a mandatory minimum term of imprisonment
  534  of 3 years and shall be ordered to pay a fine of $50,000.
  535         b. Is 50 grams or more, but less than 100 grams, such
  536  person shall be sentenced to a mandatory minimum term of
  537  imprisonment of 7 years and shall be ordered to pay a fine of
  538  $100,000.
  539         c. Is 100 grams or more, but less than 300 grams, such
  540  person shall be sentenced to a mandatory minimum term of
  541  imprisonment of 15 years and shall be ordered to pay a fine of
  542  $500,000.
  543         d. Is 300 grams or more, but less than 30 kilograms, such
  544  person shall be sentenced to a mandatory minimum term of
  545  imprisonment of 25 years and shall be ordered to pay a fine of
  546  $750,000.
  547         3. A person who knowingly sells, purchases, manufactures,
  548  delivers, or brings into this state, or who is knowingly in
  549  actual or constructive possession of, 7 grams or more of
  550  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  551  thereof, or 7 grams or more of any mixture containing any such
  552  substance, commits a felony of the first degree, which felony
  553  shall be known as “trafficking in oxycodone,” punishable as
  554  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  555  quantity involved:
  556         a. Is 7 grams or more, but less than 14 grams, such person
  557  shall be sentenced to a mandatory minimum term of imprisonment
  558  of 3 years and shall be ordered to pay a fine of $50,000.
  559         b. Is 14 grams or more, but less than 25 grams, such person
  560  shall be sentenced to a mandatory minimum term of imprisonment
  561  of 7 years and shall be ordered to pay a fine of $100,000.
  562         c. Is 25 grams or more, but less than 100 grams, such
  563  person shall be sentenced to a mandatory minimum term of
  564  imprisonment of 15 years and shall be ordered to pay a fine of
  565  $500,000.
  566         d. Is 100 grams or more, but less than 30 kilograms, such
  567  person shall be sentenced to a mandatory minimum term of
  568  imprisonment of 25 years and shall be ordered to pay a fine of
  569  $750,000.
  570         4.a. A person who knowingly sells, purchases, manufactures,
  571  delivers, or brings into this state, or who is knowingly in
  572  actual or constructive possession of, 4 grams or more of:
  573         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  574         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  575         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  576         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  577         (V) A fentanyl derivative, as described in s.
  578  893.03(1)(a)62.;
  579         (VI) A controlled substance analog, as described in s.
  580  893.0356, of any substance described in sub-sub-subparagraphs
  581  (I)-(V); or
  582         (VII) A mixture containing any substance described in sub
  583  sub-subparagraphs (I)-(VI),
  584  
  585  commits a felony of the first degree, which felony shall be
  586  known as “trafficking in fentanyl,” punishable as provided in s.
  587  775.082, s. 775.083, or s. 775.084.
  588         b. If the quantity involved under sub-subparagraph a.:
  589         (I) Is 4 grams or more, but less than 14 grams, such person
  590  shall be sentenced to a mandatory minimum term of imprisonment
  591  of 3 years, and shall be ordered to pay a fine of $50,000.
  592         (II) Is 14 grams or more, but less than 28 grams, such
  593  person shall be sentenced to a mandatory minimum term of
  594  imprisonment of 15 years, and shall be ordered to pay a fine of
  595  $100,000.
  596         (III) Is 28 grams or more, such person shall be sentenced
  597  to a mandatory minimum term of imprisonment of 25 years, and
  598  shall be ordered to pay a fine of $500,000.
  599         5. A person who knowingly sells, purchases, manufactures,
  600  delivers, or brings into this state, or who is knowingly in
  601  actual or constructive possession of, 30 kilograms or more of
  602  any morphine, opium, oxycodone, hydrocodone, codeine,
  603  hydromorphone, or any salt, derivative, isomer, or salt of an
  604  isomer thereof, including heroin, as described in s.
  605  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  606  more of any mixture containing any such substance, commits the
  607  first degree felony of trafficking in illegal drugs. A person
  608  who has been convicted of the first degree felony of trafficking
  609  in illegal drugs under this subparagraph shall be punished by
  610  life imprisonment and is ineligible for any form of
  611  discretionary early release except pardon or executive clemency
  612  or conditional medical release under s. 945.0911 s. 947.149.
  613  However, if the court determines that, in addition to committing
  614  any act specified in this paragraph:
  615         a. The person intentionally killed an individual or
  616  counseled, commanded, induced, procured, or caused the
  617  intentional killing of an individual and such killing was the
  618  result; or
  619         b. The person’s conduct in committing that act led to a
  620  natural, though not inevitable, lethal result,
  621  
  622  such person commits the capital felony of trafficking in illegal
  623  drugs, punishable as provided in ss. 775.082 and 921.142. A
  624  person sentenced for a capital felony under this paragraph shall
  625  also be sentenced to pay the maximum fine provided under
  626  subparagraph 1.
  627         6. A person who knowingly brings into this state 60
  628  kilograms or more of any morphine, opium, oxycodone,
  629  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  630  isomer, or salt of an isomer thereof, including heroin, as
  631  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  632  60 kilograms or more of any mixture containing any such
  633  substance, and who knows that the probable result of such
  634  importation would be the death of a person, commits capital
  635  importation of illegal drugs, a capital felony punishable as
  636  provided in ss. 775.082 and 921.142. A person sentenced for a
  637  capital felony under this paragraph shall also be sentenced to
  638  pay the maximum fine provided under subparagraph 1.
  639         (g)1. Any person who knowingly sells, purchases,
  640  manufactures, delivers, or brings into this state, or who is
  641  knowingly in actual or constructive possession of, 4 grams or
  642  more of flunitrazepam or any mixture containing flunitrazepam as
  643  described in s. 893.03(1)(a) commits a felony of the first
  644  degree, which felony shall be known as “trafficking in
  645  flunitrazepam,” punishable as provided in s. 775.082, s.
  646  775.083, or s. 775.084. If the quantity involved:
  647         a. Is 4 grams or more but less than 14 grams, such person
  648  shall be sentenced to a mandatory minimum term of imprisonment
  649  of 3 years, and the defendant shall be ordered to pay a fine of
  650  $50,000.
  651         b. Is 14 grams or more but less than 28 grams, such person
  652  shall be sentenced to a mandatory minimum term of imprisonment
  653  of 7 years, and the defendant shall be ordered to pay a fine of
  654  $100,000.
  655         c. Is 28 grams or more but less than 30 kilograms, such
  656  person shall be sentenced to a mandatory minimum term of
  657  imprisonment of 25 calendar years and pay a fine of $500,000.
  658         2. Any person who knowingly sells, purchases, manufactures,
  659  delivers, or brings into this state or who is knowingly in
  660  actual or constructive possession of 30 kilograms or more of
  661  flunitrazepam or any mixture containing flunitrazepam as
  662  described in s. 893.03(1)(a) commits the first degree felony of
  663  trafficking in flunitrazepam. A person who has been convicted of
  664  the first degree felony of trafficking in flunitrazepam under
  665  this subparagraph shall be punished by life imprisonment and is
  666  ineligible for any form of discretionary early release except
  667  pardon or executive clemency or conditional medical release
  668  under s. 945.0911 s. 947.149. However, if the court determines
  669  that, in addition to committing any act specified in this
  670  paragraph:
  671         a. The person intentionally killed an individual or
  672  counseled, commanded, induced, procured, or caused the
  673  intentional killing of an individual and such killing was the
  674  result; or
  675         b. The person’s conduct in committing that act led to a
  676  natural, though not inevitable, lethal result,
  677  
  678  such person commits the capital felony of trafficking in
  679  flunitrazepam, punishable as provided in ss. 775.082 and
  680  921.142. Any person sentenced for a capital felony under this
  681  paragraph shall also be sentenced to pay the maximum fine
  682  provided under subparagraph 1.
  683         (3) Notwithstanding the provisions of s. 948.01, with
  684  respect to any person who is found to have violated this
  685  section, adjudication of guilt or imposition of sentence shall
  686  not be suspended, deferred, or withheld, nor shall such person
  687  be eligible for parole prior to serving the mandatory minimum
  688  term of imprisonment prescribed by this section. A person
  689  sentenced to a mandatory minimum term of imprisonment under this
  690  section is not eligible for any form of discretionary early
  691  release, except pardon or executive clemency or conditional
  692  medical release under s. 945.0911 s. 947.149, prior to serving
  693  the mandatory minimum term of imprisonment.
  694         Section 10. Subsection (2) of section 921.0024, Florida
  695  Statutes, is amended to read:
  696         921.0024 Criminal Punishment Code; worksheet computations;
  697  scoresheets.—
  698         (2) The lowest permissible sentence is the minimum sentence
  699  that may be imposed by the trial court, absent a valid reason
  700  for departure. The lowest permissible sentence is any nonstate
  701  prison sanction in which the total sentence points equals or is
  702  less than 44 points, unless the court determines within its
  703  discretion that a prison sentence, which may be up to the
  704  statutory maximums for the offenses committed, is appropriate.
  705  When the total sentence points exceeds 44 points, the lowest
  706  permissible sentence in prison months shall be calculated by
  707  subtracting 28 points from the total sentence points and
  708  decreasing the remaining total by 25 percent. The total sentence
  709  points shall be calculated only as a means of determining the
  710  lowest permissible sentence. The permissible range for
  711  sentencing shall be the lowest permissible sentence up to and
  712  including the statutory maximum, as defined in s. 775.082, for
  713  the primary offense and any additional offenses before the court
  714  for sentencing. The sentencing court may impose such sentences
  715  concurrently or consecutively. However, any sentence to state
  716  prison must exceed 1 year. If the lowest permissible sentence
  717  under the code exceeds the statutory maximum sentence as
  718  provided in s. 775.082, the sentence required by the code must
  719  be imposed. If the total sentence points are greater than or
  720  equal to 363, the court may sentence the offender to life
  721  imprisonment. An offender sentenced to life imprisonment under
  722  this section is not eligible for any form of discretionary early
  723  release, except executive clemency or conditional medical
  724  release under s. 945.0911 s. 947.149.
  725         Section 11. Paragraph (b) of subsection (7) of section
  726  944.605, Florida Statutes, is amended to read:
  727         944.605 Inmate release; notification; identification card.—
  728         (7)
  729         (b) Paragraph (a) does not apply to inmates who:
  730         1. The department determines have a valid driver license or
  731  state identification card, except that the department shall
  732  provide these inmates with a replacement state identification
  733  card or replacement driver license, if necessary.
  734         2. Have an active detainer, unless the department
  735  determines that cancellation of the detainer is likely or that
  736  the incarceration for which the detainer was issued will be less
  737  than 12 months in duration.
  738         3. Are released due to an emergency release or a
  739  conditional medical release under s. 945.0911 s. 947.149.
  740         4. Are not in the physical custody of the department at or
  741  within 180 days before release.
  742         5. Are subject to sex offender residency restrictions, and
  743  who, upon release under such restrictions, do not have a
  744  qualifying address.
  745         Section 12. Subsection (1) of section 944.70, Florida
  746  Statutes, is amended to read:
  747         944.70 Conditions for release from incarceration.—
  748         (1)(a) A person who is convicted of a crime committed on or
  749  after October 1, 1983, but before January 1, 1994, may be
  750  released from incarceration only:
  751         1. Upon expiration of the person’s sentence;
  752         2. Upon expiration of the person’s sentence as reduced by
  753  accumulated gain-time;
  754         3. As directed by an executive order granting clemency;
  755         4. Upon attaining the provisional release date;
  756         5. Upon placement in a conditional release program pursuant
  757  to s. 947.1405; or
  758         6. Upon the granting of control release pursuant to s.
  759  947.146.
  760         (b) A person who is convicted of a crime committed on or
  761  after January 1, 1994, may be released from incarceration only:
  762         1. Upon expiration of the person’s sentence;
  763         2. Upon expiration of the person’s sentence as reduced by
  764  accumulated meritorious or incentive gain-time;
  765         3. As directed by an executive order granting clemency;
  766         4. Upon placement in a conditional release program pursuant
  767  to s. 947.1405 or a conditional medical release program pursuant
  768  to s. 945.0911 s. 947.149; or
  769         5. Upon the granting of control release, including
  770  emergency control release, pursuant to s. 947.146.
  771         Section 13. Paragraph (h) of subsection (1) of section
  772  947.13, Florida Statutes, is amended to read:
  773         947.13 Powers and duties of commission.—
  774         (1) The commission shall have the powers and perform the
  775  duties of:
  776         (h) Determining what persons will be released on
  777  conditional medical release under s. 947.149, establishing the
  778  conditions of conditional medical release, and determining
  779  whether a person has violated the conditions of conditional
  780  medical release and taking action with respect to such a
  781  violation.
  782         Section 14. Section 947.141, Florida Statutes, is amended
  783  to read:
  784         947.141 Violations of conditional release, control release,
  785  or conditional medical release or addiction-recovery
  786  supervision.—
  787         (1) If a member of the commission or a duly authorized
  788  representative of the commission has reasonable grounds to
  789  believe that an offender who is on release supervision under s.
  790  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  791  the terms and conditions of the release in a material respect,
  792  such member or representative may cause a warrant to be issued
  793  for the arrest of the releasee; if the offender was found to be
  794  a sexual predator, the warrant must be issued.
  795         (2) Upon the arrest on a felony charge of an offender who
  796  is on release supervision under s. 947.1405, s. 947.146, s.
  797  947.149, or s. 944.4731, the offender must be detained without
  798  bond until the initial appearance of the offender at which a
  799  judicial determination of probable cause is made. If the trial
  800  court judge determines that there was no probable cause for the
  801  arrest, the offender may be released. If the trial court judge
  802  determines that there was probable cause for the arrest, such
  803  determination also constitutes reasonable grounds to believe
  804  that the offender violated the conditions of the release. Within
  805  24 hours after the trial court judge’s finding of probable
  806  cause, the detention facility administrator or designee shall
  807  notify the commission and the department of the finding and
  808  transmit to each a facsimile copy of the probable cause
  809  affidavit or the sworn offense report upon which the trial court
  810  judge’s probable cause determination is based. The offender must
  811  continue to be detained without bond for a period not exceeding
  812  72 hours excluding weekends and holidays after the date of the
  813  probable cause determination, pending a decision by the
  814  commission whether to issue a warrant charging the offender with
  815  violation of the conditions of release. Upon the issuance of the
  816  commission’s warrant, the offender must continue to be held in
  817  custody pending a revocation hearing held in accordance with
  818  this section.
  819         (3) Within 45 days after notice to the Florida Commission
  820  on Offender Review of the arrest of a releasee charged with a
  821  violation of the terms and conditions of conditional release,
  822  control release, conditional medical release, or addiction
  823  recovery supervision, the releasee must be afforded a hearing
  824  conducted by a commissioner or a duly authorized representative
  825  thereof. If the releasee elects to proceed with a hearing, the
  826  releasee must be informed orally and in writing of the
  827  following:
  828         (a) The alleged violation with which the releasee is
  829  charged.
  830         (b) The releasee’s right to be represented by counsel.
  831         (c) The releasee’s right to be heard in person.
  832         (d) The releasee’s right to secure, present, and compel the
  833  attendance of witnesses relevant to the proceeding.
  834         (e) The releasee’s right to produce documents on the
  835  releasee’s own behalf.
  836         (f) The releasee’s right of access to all evidence used
  837  against the releasee and to confront and cross-examine adverse
  838  witnesses.
  839         (g) The releasee’s right to waive the hearing.
  840         (4) Within a reasonable time following the hearing, the
  841  commissioner or the commissioner’s duly authorized
  842  representative who conducted the hearing shall make findings of
  843  fact in regard to the alleged violation. A panel of no fewer
  844  than two commissioners shall enter an order determining whether
  845  the charge of violation of conditional release, control release,
  846  conditional medical release, or addiction-recovery supervision
  847  has been sustained based upon the findings of fact presented by
  848  the hearing commissioner or authorized representative. By such
  849  order, the panel may revoke conditional release, control
  850  release, conditional medical release, or addiction-recovery
  851  supervision and thereby return the releasee to prison to serve
  852  the sentence imposed, reinstate the original order granting the
  853  release, or enter such other order as it considers proper.
  854  Effective for inmates whose offenses were committed on or after
  855  July 1, 1995, the panel may order the placement of a releasee,
  856  upon a finding of violation pursuant to this subsection, into a
  857  local detention facility as a condition of supervision.
  858         (5) Effective for inmates whose offenses were committed on
  859  or after July 1, 1995, notwithstanding the provisions of ss.
  860  775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
  861  951.23, or any other law to the contrary, by such order as
  862  provided in subsection (4), the panel, upon a finding of guilt,
  863  may, as a condition of continued supervision, place the releasee
  864  in a local detention facility for a period of incarceration not
  865  to exceed 22 months. Prior to the expiration of the term of
  866  incarceration, or upon recommendation of the chief correctional
  867  officer of that county, the commission shall cause inquiry into
  868  the inmate’s release plan and custody status in the detention
  869  facility and consider whether to restore the inmate to
  870  supervision, modify the conditions of supervision, or enter an
  871  order of revocation, thereby causing the return of the inmate to
  872  prison to serve the sentence imposed. The provisions of this
  873  section do not prohibit the panel from entering such other order
  874  or conducting any investigation that it deems proper. The
  875  commission may only place a person in a local detention facility
  876  pursuant to this section if there is a contractual agreement
  877  between the chief correctional officer of that county and the
  878  Department of Corrections. The agreement must provide for a per
  879  diem reimbursement for each person placed under this section,
  880  which is payable by the Department of Corrections for the
  881  duration of the offender’s placement in the facility. This
  882  section does not limit the commission’s ability to place a
  883  person in a local detention facility for less than 1 year.
  884         (6) Whenever a conditional release, control release,
  885  conditional medical release, or addiction-recovery supervision
  886  is revoked by a panel of no fewer than two commissioners and the
  887  releasee is ordered to be returned to prison, the releasee, by
  888  reason of the misconduct, shall be deemed to have forfeited all
  889  gain-time or commutation of time for good conduct, as provided
  890  for by law, earned up to the date of release. However, if a
  891  conditional medical release is revoked due to the improved
  892  medical or physical condition of the releasee, the releasee
  893  shall not forfeit gain-time accrued before the date of
  894  conditional medical release. This subsection does not deprive
  895  the prisoner of the right to gain-time or commutation of time
  896  for good conduct, as provided by law, from the date of return to
  897  prison.
  898         (7) If a law enforcement officer has probable cause to
  899  believe that an offender who is on release supervision under s.
  900  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  901  the terms and conditions of his or her release by committing a
  902  felony offense, the officer shall arrest the offender without a
  903  warrant, and a warrant need not be issued in the case.
  904         Section 15. This act shall take effect October 1, 2020.

feedback