Florida Senate - 2017 SB 1744 By Senator Rouson
212 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399-1100
1 A bill to be entitled 2 An act relating to the conditional release program; 3 amending s. 947.1405, F.S.; providing that persons 4 convicted of a non-capital offense and sentenced for a 5 life term qualify for conditional release under 6 certain conditions; requiring that the Department of 7 Corrections on a specified date review certain records 8 of persons serving life sentences and compile such 9 information for the Florida Commission on Offender 10 Review to use in making certain determinations 11 regarding conditional release; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (2) and (5) of section 947.1405, 17 Florida Statutes, are amended to read: 18 947.1405 Conditional release program.— 19 (2) Any inmate who: 20 (a) Is convicted of a crime committed on or after October 21 1, 1988, and before January 1, 1994, and any inmate who is 22 convicted of a crime committed on or after January 1, 1994, 23 which crime is or was contained in category 1, category 2, 24 category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida 25 Rules of Criminal Procedure (1993), and who has served at least 26 one prior felony commitment at a state or federal correctional 27 institution; 28 (b) Is sentenced as a habitual or violent habitual offender 29 or a violent career criminal pursuant to s. 775.084;
or30 (c) Is found to be a sexual predator under s. 775.21 or 31 former s. 775.23; or 32 (d) Is convicted of a noncapital offense and sentenced for 33 a term of life, 34 35 shall, upon reaching the tentative release date or provisional 36 release date or serving 20 years of a life term sentence with no 37 record of disciplinary violations during that time, whichever 38 occurs isearlier, as established by the Department of 39 Corrections, be released under supervision subject to specified 40 terms and conditions, including payment of the cost of 41 supervision pursuant to s. 948.09. Such supervision shall be 42 applicable to all sentences within the overall term of sentences 43 if an inmate’s overall term of sentences includes one or more 44 sentences that are eligible for conditional release supervision 45 as provided herein. Effective July 1, 1994, and applicable for 46 offenses committed on or after that date, the commission may 47 require, as a condition of conditional release, that the 48 releasee make payment of the debt due and owing to a county or 49 municipal detention facility under s. 951.032 for medical care, 50 treatment, hospitalization, or transportation received by the 51 releasee while in that detention facility. The commission, in 52 determining whether to order such repayment and the amount of 53 such repayment, shall consider the amount of the debt, whether 54 there was any fault of the institution for the medical expenses 55 incurred, the financial resources of the releasee, the present 56 and potential future financial needs and earning ability of the 57 releasee, and dependents, and other appropriate factors. If any 58 inmate placed on conditional release supervision is also subject 59 to probation or community control, resulting from a probationary 60 or community control split sentence within the overall term of 61 sentences, the Department of Corrections shall supervise such 62 person according to the conditions imposed by the court and the 63 commission shall defer to such supervision. If the court revokes 64 probation or community control and resentences the offender to a 65 term of incarceration, such revocation also constitutes a 66 sufficient basis for the revocation of the conditional release 67 supervision on any nonprobationary or noncommunity control 68 sentence without further hearing by the commission. If any such 69 supervision on any nonprobationary or noncommunity control 70 sentence is revoked, such revocation may result in a forfeiture 71 of all gain-time, and the commission may revoke the resulting 72 deferred conditional release supervision or take other action it 73 considers appropriate. If the term of conditional release 74 supervision exceeds that of the probation or community control, 75 then, upon expiration of the probation or community control, 76 authority for the supervision shall revert to the commission and 77 the supervision shall be subject to the conditions imposed by 78 the commission. A panel of no fewer than two commissioners shall 79 establish the terms and conditions of any such release. If the 80 offense was a controlled substance violation, the conditions 81 shall include a requirement that the offender submit to random 82 substance abuse testing intermittently throughout the term of 83 conditional release supervision, upon the direction of the 84 correctional probation officer as defined in s. 943.10(3). The 85 commission shall also determine whether the terms and conditions 86 of such release have been violated and whether such violation 87 warrants revocation of the conditional release. 88 (5) Within 180 days prior to an inmate’s thetentative 89 release date, orprovisional release date, or completion of 20 90 years of a life term sentence, whichever occurs isearlier, a 91 representative of the department shall review the inmate’s 92 program participation, disciplinary record, psychological and 93 medical records, criminal records, and any other information 94 pertinent to the impending release. The department shall gather 95 and compile information necessary for the commission to make the 96 determinations set forth in subsections (2) and subsection(3). 97 A department representative shall conduct a personal interview 98 with the inmate for the purpose of determining the details of 99 the inmate’s release plan, including the inmate’s planned 100 residence and employment. The department representative shall 101 forward the inmate’s release plan to the commission and 102 recommend to the commission the terms and conditions of the 103 conditional release. 104 Section 2. This act shall take effect July 1, 2017.
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