Florida Senate - 2018                                     SB 238
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00289-18                                            2018238__
    1                        A bill to be entitled                      
    2         An act relating to the conditional medical release
    3         program; amending s. 947.149, F.S.; defining the term
    4         “inmate with a debilitating illness”; expanding
    5         eligibility for conditional medical release to include
    6         inmates with debilitating illnesses; providing
    7         criteria for eligibility; requiring that certain
    8         persons whose eligibility is verified by the
    9         Commission on Offender Review be placed on conditional
   10         medical release; requiring the Department of
   11         Corrections to refer an eligible inmate to the
   12         commission; requiring that the department’s referral
   13         for release include certain information; requiring the
   14         commission to review the information and verify an
   15         inmate’s eligibility within a certain timeframe;
   16         authorizing electronic monitoring for an inmate on
   17         conditional medical release; reenacting ss.
   18         316.1935(6), 775.084(4)(k), 775.087(2)(b) and(3)(b),
   19         784.07(3), 790.235(1), 794.0115(7), 893.135(1)(b),
   20         (c), and (g) and (3), 921.0024(2), 944.605(7)(b),
   21         944.70(1)(b), 947.13(1)(h), and 947.141(1), (2), and
   22         (7), F.S., all relating to authorized conditional
   23         medical release granted under s. 947.149, F.S., to
   24         incorporate the amendment made to s. 947.149, F.S., in
   25         references thereto; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 947.149, Florida Statutes, is amended to
   30  read:
   31         947.149 Conditional medical release.—
   32         (1) The commission shall, in conjunction with the
   33  department, establish the conditional medical release program.
   34  An inmate is eligible for supervised consideration for release
   35  under the conditional medical release program when the inmate,
   36  because of an existing medical or physical condition, is
   37  determined by the department to be within one of the following
   38  designations:
   39         (a)“Inmate with a debilitating illness,” which means an
   40  inmate who is determined to be suffering from a significant and
   41  permanent nonterminal condition, disease, or syndrome that has
   42  rendered the inmate so physically or cognitively debilitated or
   43  incapacitated as to create a reasonable probability that he or
   44  she does not present any danger to society.
   45         (b)(a) “Permanently incapacitated inmate,” which means an
   46  inmate who has a condition caused by injury, disease, or illness
   47  which, to a reasonable degree of medical certainty, renders the
   48  inmate permanently and irreversibly physically incapacitated to
   49  the extent that the inmate does not constitute a danger to
   50  herself or himself or others.
   51         (c)(b) “Terminally ill inmate,” which means an inmate who
   52  has a condition caused by injury, disease, or illness which, to
   53  a reasonable degree of medical certainty, renders the inmate
   54  terminally ill to the extent that there can be no recovery and
   55  death is imminent, so that the inmate does not constitute a
   56  danger to herself or himself or others.
   57         (2)To be eligible, an inmate must also be determined by
   58  the department to meet all of the following criteria:
   59         (a)Has served at least 50 percent of his or her sentence.
   60         (b) Has been convicted of a felony.
   61         (c) Has no current or prior conviction for a capital or
   62  first degree felony, for a sexual offense, or for an offense
   63  involving a child.
   64         (d)Has not received a disciplinary report within the
   65  previous 6 months.
   66         (e)Has never received a disciplinary report for a violent
   67  act.
   68         (f) Has renounced any gang affiliation.
   69         (3)(2) Notwithstanding any provision to the contrary, any
   70  person determined eligible under this section and sentenced to
   71  the custody of the department must may, upon referral by the
   72  department and verification of eligibility by the commission, be
   73  placed on considered for conditional medical release by the
   74  commission, in addition to any parole consideration for which
   75  the inmate may be considered, except that conditional medical
   76  release is not authorized for an inmate who is under sentence of
   77  death.
   78         (4)An No inmate does not have has a right to conditional
   79  medical release or to a medical evaluation to determine
   80  eligibility for such release.
   81         (5)(a)(3) The commission has the authority and whether or
   82  not to grant conditional medical release and establish
   83  additional conditions of conditional medical release rests
   84  solely within the discretion of the commission, in accordance
   85  with the provisions of this section, together with the authority
   86  to approve the release plan proposed by the department to
   87  include necessary medical care and attention.
   88         (b) The department shall identify inmates who may be
   89  eligible for conditional medical release based upon available
   90  medical information and must shall refer them to the commission
   91  if they are eligible under this section for consideration. In
   92  considering an inmate for conditional medical release, the
   93  commission may require that additional medical evidence be
   94  produced or that additional medical examinations be conducted,
   95  and may require such other investigations to be made as may be
   96  warranted.
   97         (c) The department’s referral of the inmate to the
   98  commission must include all of the following information:
   99         1.The proposed conditional medical release plan.
  100         2.Any relevant medical history, including current medical
  101  prognosis.
  102         3.Prison experience and criminal history. The criminal
  103  history must include all of the following:
  104         a.The inmate’s claim of innocence, if any.
  105         b.The degree to which the inmate accepts responsibility
  106  for his or her actions leading to the conviction of the crime.
  107         c.How any claim of responsibility has affected the
  108  inmate’s feelings of remorse.
  109         4.Any history of substance abuse and mental health issues.
  110         5.Any disciplinary action taken against the inmate while
  111  in prison.
  112         6.Any participation in prison work and other prison
  113  programs.
  114         7. Any other information the department deems necessary.
  115         (d)In verifying the inmate’s eligibility for conditional
  116  medical release, the commission shall review the information
  117  provided by the department.
  118         (e)The commission must finish its verification of an
  119  inmate’s eligibility within 60 days after the department refers
  120  the inmate for conditional medical release.
  121         (6)(4) The conditional medical release term of an inmate
  122  released on conditional medical release is for the remainder of
  123  the inmate’s sentence, without diminution of sentence for good
  124  behavior. Supervision of the medical releasee must include
  125  periodic medical evaluations at intervals included in the
  126  recommended release plan and approved determined by the
  127  commission at the time of release. Supervision may also include
  128  electronic monitoring.
  129         (7)(a)(5)(a) If it is discovered during the conditional
  130  medical release that the medical or physical condition of the
  131  medical releasee has improved to the extent that she or he would
  132  no longer be eligible for conditional medical release under this
  133  section, the commission may order that the releasee be returned
  134  to the custody of the department for a conditional medical
  135  release revocation hearing, in accordance with s. 947.141. If
  136  conditional medical release is revoked due to improvement in the
  137  medical or physical condition of the releasee, she or he shall
  138  serve the balance of her or his sentence with credit for the
  139  time served on conditional medical release and without
  140  forfeiture of any gain-time accrued prior to conditional medical
  141  release. If the person whose conditional medical release is
  142  revoked due to an improvement in medical or physical condition
  143  would otherwise be eligible for parole or any other release
  144  program, the person may be considered for such release program
  145  pursuant to law.
  146         (b) In addition to revocation of conditional medical
  147  release pursuant to paragraph (a), conditional medical release
  148  may also be revoked for violation of any condition of the
  149  release established by the commission, in accordance with s.
  150  947.141, and the releasee’s gain-time may be forfeited pursuant
  151  to s. 944.28(1).
  152         (8)(6) The department and the commission shall adopt rules
  153  as necessary to implement the conditional medical release
  154  program.
  155         Section 2. For the purpose of incorporating the amendment
  156  made by this act to section 947.149, Florida Statutes, in a
  157  reference thereto, subsection (6) of section 316.1935, Florida
  158  Statutes, is reenacted to read:
  159         316.1935 Fleeing or attempting to elude a law enforcement
  160  officer; aggravated fleeing or eluding.—
  161         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  162  or withhold adjudication of guilt or imposition of sentence for
  163  any violation of this section. A person convicted and sentenced
  164  to a mandatory minimum term of incarceration under paragraph
  165  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  166  time under s. 944.275 or any form of discretionary early
  167  release, other than pardon or executive clemency or conditional
  168  medical release under s. 947.149, prior to serving the mandatory
  169  minimum sentence.
  170         Section 3. For the purpose of incorporating the amendment
  171  made by this act to section 947.149, Florida Statutes, in a
  172  reference thereto, paragraph (k) of subsection (4) of section
  173  775.084, Florida Statutes, is reenacted to read:
  174         775.084 Violent career criminals; habitual felony offenders
  175  and habitual violent felony offenders; three-time violent felony
  176  offenders; definitions; procedure; enhanced penalties or
  177  mandatory minimum prison terms.—
  178         (4)
  179         (k)1. A defendant sentenced under this section as a
  180  habitual felony offender, a habitual violent felony offender, or
  181  a violent career criminal is eligible for gain-time granted by
  182  the Department of Corrections as provided in s. 944.275(4)(b).
  183         2. For an offense committed on or after October 1, 1995, a
  184  defendant sentenced under this section as a violent career
  185  criminal is not eligible for any form of discretionary early
  186  release, other than pardon or executive clemency, or conditional
  187  medical release granted pursuant to s. 947.149.
  188         3. For an offense committed on or after July 1, 1999, a
  189  defendant sentenced under this section as a three-time violent
  190  felony offender shall be released only by expiration of sentence
  191  and shall not be eligible for parole, control release, or any
  192  form of early release.
  193         Section 4. For the purpose of incorporating the amendment
  194  made by this act to section 947.149, Florida Statutes, in a
  195  reference thereto, paragraph (b) of subsection (2) and paragraph
  196  (b) of subsection (3) of section 775.087, Florida Statutes, are
  197  reenacted to read:
  198         775.087 Possession or use of weapon; aggravated battery;
  199  felony reclassification; minimum sentence.—
  200         (2)
  201         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  202  (a)3. does not prevent a court from imposing a longer sentence
  203  of incarceration as authorized by law in addition to the minimum
  204  mandatory sentence, or from imposing a sentence of death
  205  pursuant to other applicable law. Subparagraph (a)1.,
  206  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  207  court to impose a lesser sentence than otherwise required by
  208  law.
  209  
  210  Notwithstanding s. 948.01, adjudication of guilt or imposition
  211  of sentence shall not be suspended, deferred, or withheld, and
  212  the defendant is not eligible for statutory gain-time under s.
  213  944.275 or any form of discretionary early release, other than
  214  pardon or executive clemency, or conditional medical release
  215  under s. 947.149, prior to serving the minimum sentence.
  216         (3)
  217         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  218  (a)3. does not prevent a court from imposing a longer sentence
  219  of incarceration as authorized by law in addition to the minimum
  220  mandatory sentence, or from imposing a sentence of death
  221  pursuant to other applicable law. Subparagraph (a)1.,
  222  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  223  court to impose a lesser sentence than otherwise required by
  224  law.
  225  
  226  Notwithstanding s. 948.01, adjudication of guilt or imposition
  227  of sentence shall not be suspended, deferred, or withheld, and
  228  the defendant is not eligible for statutory gain-time under s.
  229  944.275 or any form of discretionary early release, other than
  230  pardon or executive clemency, or conditional medical release
  231  under s. 947.149, prior to serving the minimum sentence.
  232         Section 5. For the purpose of incorporating the amendment
  233  made by this act to section 947.149, Florida Statutes, in a
  234  reference thereto, subsection (3) of section 784.07, Florida
  235  Statutes, is reenacted to read:
  236         784.07 Assault or battery of law enforcement officers,
  237  firefighters, emergency medical care providers, public transit
  238  employees or agents, or other specified officers;
  239  reclassification of offenses; minimum sentences.—
  240         (3) Any person who is convicted of a battery under
  241  paragraph (2)(b) and, during the commission of the offense, such
  242  person possessed:
  243         (a) A “firearm” or “destructive device” as those terms are
  244  defined in s. 790.001, shall be sentenced to a minimum term of
  245  imprisonment of 3 years.
  246         (b) A semiautomatic firearm and its high-capacity
  247  detachable box magazine, as defined in s. 775.087(3), or a
  248  machine gun as defined in s. 790.001, shall be sentenced to a
  249  minimum term of imprisonment of 8 years.
  250  
  251  Notwithstanding s. 948.01, adjudication of guilt or imposition
  252  of sentence shall not be suspended, deferred, or withheld, and
  253  the defendant is not eligible for statutory gain-time under s.
  254  944.275 or any form of discretionary early release, other than
  255  pardon or executive clemency, or conditional medical release
  256  under s. 947.149, prior to serving the minimum sentence.
  257         Section 6. For the purpose of incorporating the amendment
  258  made by this act to section 947.149, Florida Statutes, in a
  259  reference thereto, subsection (1) of section 790.235, Florida
  260  Statutes, is reenacted to read:
  261         790.235 Possession of firearm or ammunition by violent
  262  career criminal unlawful; penalty.—
  263         (1) Any person who meets the violent career criminal
  264  criteria under s. 775.084(1)(d), regardless of whether such
  265  person is or has previously been sentenced as a violent career
  266  criminal, who owns or has in his or her care, custody,
  267  possession, or control any firearm, ammunition, or electric
  268  weapon or device, or carries a concealed weapon, including a
  269  tear gas gun or chemical weapon or device, commits a felony of
  270  the first degree, punishable as provided in s. 775.082, s.
  271  775.083, or s. 775.084. A person convicted of a violation of
  272  this section shall be sentenced to a mandatory minimum of 15
  273  years’ imprisonment; however, if the person would be sentenced
  274  to a longer term of imprisonment under s. 775.084(4)(d), the
  275  person must be sentenced under that provision. A person
  276  convicted of a violation of this section is not eligible for any
  277  form of discretionary early release, other than pardon,
  278  executive clemency, or conditional medical release under s.
  279  947.149.
  280         Section 7. For the purpose of incorporating the amendment
  281  made by this act to section 947.149, Florida Statutes, in a
  282  reference thereto, subsection (7) of section 794.0115, Florida
  283  Statutes, is reenacted to read:
  284         794.0115 Dangerous sexual felony offender; mandatory
  285  sentencing.—
  286         (7) A defendant sentenced to a mandatory minimum term of
  287  imprisonment under this section is not eligible for statutory
  288  gain-time under s. 944.275 or any form of discretionary early
  289  release, other than pardon or executive clemency, or conditional
  290  medical release under s. 947.149, before serving the minimum
  291  sentence.
  292         Section 8. For the purpose of incorporating the amendment
  293  made by this act to section 947.149, Florida Statutes, in a
  294  reference thereto, paragraphs (b), (c), and (g) of subsection
  295  (1) and subsection (3) of section 893.135, Florida Statutes, are
  296  reenacted to read:
  297         893.135 Trafficking; mandatory sentences; suspension or
  298  reduction of sentences; conspiracy to engage in trafficking.—
  299         (1) Except as authorized in this chapter or in chapter 499
  300  and notwithstanding the provisions of s. 893.13:
  301         (b)1. Any person who knowingly sells, purchases,
  302  manufactures, delivers, or brings into this state, or who is
  303  knowingly in actual or constructive possession of, 28 grams or
  304  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  305  mixture containing cocaine, but less than 150 kilograms of
  306  cocaine or any such mixture, commits a felony of the first
  307  degree, which felony shall be known as “trafficking in cocaine,”
  308  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  309  If the quantity involved:
  310         a. Is 28 grams or more, but less than 200 grams, such
  311  person shall be sentenced to a mandatory minimum term of
  312  imprisonment of 3 years, and the defendant shall be ordered to
  313  pay a fine of $50,000.
  314         b. Is 200 grams or more, but less than 400 grams, such
  315  person shall be sentenced to a mandatory minimum term of
  316  imprisonment of 7 years, and the defendant shall be ordered to
  317  pay a fine of $100,000.
  318         c. Is 400 grams or more, but less than 150 kilograms, such
  319  person shall be sentenced to a mandatory minimum term of
  320  imprisonment of 15 calendar years and pay a fine of $250,000.
  321         2. Any person who knowingly sells, purchases, manufactures,
  322  delivers, or brings into this state, or who is knowingly in
  323  actual or constructive possession of, 150 kilograms or more of
  324  cocaine, as described in s. 893.03(2)(a)4., commits the first
  325  degree felony of trafficking in cocaine. A person who has been
  326  convicted of the first degree felony of trafficking in cocaine
  327  under this subparagraph shall be punished by life imprisonment
  328  and is ineligible for any form of discretionary early release
  329  except pardon or executive clemency or conditional medical
  330  release under s. 947.149. However, if the court determines that,
  331  in addition to committing any act specified in this paragraph:
  332         a. The person intentionally killed an individual or
  333  counseled, commanded, induced, procured, or caused the
  334  intentional killing of an individual and such killing was the
  335  result; or
  336         b. The person’s conduct in committing that act led to a
  337  natural, though not inevitable, lethal result,
  338  
  339  such person commits the capital felony of trafficking in
  340  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  341  person sentenced for a capital felony under this paragraph shall
  342  also be sentenced to pay the maximum fine provided under
  343  subparagraph 1.
  344         3. Any person who knowingly brings into this state 300
  345  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  346  and who knows that the probable result of such importation would
  347  be the death of any person, commits capital importation of
  348  cocaine, a capital felony punishable as provided in ss. 775.082
  349  and 921.142. Any person sentenced for a capital felony under
  350  this paragraph shall also be sentenced to pay the maximum fine
  351  provided under subparagraph 1.
  352         (c)1. A person who knowingly sells, purchases,
  353  manufactures, delivers, or brings into this state, or who is
  354  knowingly in actual or constructive possession of, 4 grams or
  355  more of any morphine, opium, hydromorphone, or any salt,
  356  derivative, isomer, or salt of an isomer thereof, including
  357  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  358  (3)(c)4., or 4 grams or more of any mixture containing any such
  359  substance, but less than 30 kilograms of such substance or
  360  mixture, commits a felony of the first degree, which felony
  361  shall be known as “trafficking in illegal drugs,” punishable as
  362  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  363  quantity involved:
  364         a. Is 4 grams or more, but less than 14 grams, such person
  365  shall be sentenced to a mandatory minimum term of imprisonment
  366  of 3 years and shall be ordered to pay a fine of $50,000.
  367         b. Is 14 grams or more, but less than 28 grams, such person
  368  shall be sentenced to a mandatory minimum term of imprisonment
  369  of 15 years and shall be ordered to pay a fine of $100,000.
  370         c. Is 28 grams or more, but less than 30 kilograms, such
  371  person shall be sentenced to a mandatory minimum term of
  372  imprisonment of 25 years and shall be ordered to pay a fine of
  373  $500,000.
  374         2. A person who knowingly sells, purchases, manufactures,
  375  delivers, or brings into this state, or who is knowingly in
  376  actual or constructive possession of, 14 grams or more of
  377  hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
  378  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
  379  grams or more of any mixture containing any such substance,
  380  commits a felony of the first degree, which felony shall be
  381  known as “trafficking in hydrocodone,” punishable as provided in
  382  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  383         a. Is 14 grams or more, but less than 28 grams, such person
  384  shall be sentenced to a mandatory minimum term of imprisonment
  385  of 3 years and shall be ordered to pay a fine of $50,000.
  386         b. Is 28 grams or more, but less than 50 grams, such person
  387  shall be sentenced to a mandatory minimum term of imprisonment
  388  of 7 years and shall be ordered to pay a fine of $100,000.
  389         c. Is 50 grams or more, but less than 200 grams, such
  390  person shall be sentenced to a mandatory minimum term of
  391  imprisonment of 15 years and shall be ordered to pay a fine of
  392  $500,000.
  393         d. Is 200 grams or more, but less than 30 kilograms, such
  394  person shall be sentenced to a mandatory minimum term of
  395  imprisonment of 25 years and shall be ordered to pay a fine of
  396  $750,000.
  397         3. A person who knowingly sells, purchases, manufactures,
  398  delivers, or brings into this state, or who is knowingly in
  399  actual or constructive possession of, 7 grams or more of
  400  oxycodone, as described in s. 893.03(2)(a)1.o., or any salt
  401  thereof, or 7 grams or more of any mixture containing any such
  402  substance, commits a felony of the first degree, which felony
  403  shall be known as “trafficking in oxycodone,” punishable as
  404  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  405  quantity involved:
  406         a. Is 7 grams or more, but less than 14 grams, such person
  407  shall be sentenced to a mandatory minimum term of imprisonment
  408  of 3 years and shall be ordered to pay a fine of $50,000.
  409         b. Is 14 grams or more, but less than 25 grams, such person
  410  shall be sentenced to a mandatory minimum term of imprisonment
  411  of 7 years and shall be ordered to pay a fine of $100,000.
  412         c. Is 25 grams or more, but less than 100 grams, such
  413  person shall be sentenced to a mandatory minimum term of
  414  imprisonment of 15 years and shall be ordered to pay a fine of
  415  $500,000.
  416         d. Is 100 grams or more, but less than 30 kilograms, such
  417  person shall be sentenced to a mandatory minimum term of
  418  imprisonment of 25 years and shall be ordered to pay a fine of
  419  $750,000.
  420         4.a. A person who knowingly sells, purchases, manufactures,
  421  delivers, or brings into this state, or who is knowingly in
  422  actual or constructive possession of, 4 grams or more of:
  423         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  424         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  425         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  426         (IV) Sufentanil, as described in s. 893.03(2)(b)29.;
  427         (V) A fentanyl derivative, as described in s.
  428  893.03(1)(a)62.;
  429         (VI) A controlled substance analog, as described in s.
  430  893.0356, of any substance described in sub-sub-subparagraphs
  431  (I)-(V); or
  432         (VII) A mixture containing any substance described in sub
  433  sub-subparagraphs (I)-(VI),
  434  
  435  commits a felony of the first degree, which felony shall be
  436  known as “trafficking in fentanyl,” punishable as provided in s.
  437  775.082, s. 775.083, or s. 775.084.
  438         b. If the quantity involved under sub-subparagraph a.:
  439         (I) Is 4 grams or more, but less than 14 grams, such person
  440  shall be sentenced to a mandatory minimum term of imprisonment
  441  of 3 years, and shall be ordered to pay a fine of $50,000.
  442         (II) Is 14 grams or more, but less than 28 grams, such
  443  person shall be sentenced to a mandatory minimum term of
  444  imprisonment of 15 years, and shall be ordered to pay a fine of
  445  $100,000.
  446         (III) Is 28 grams or more, such person shall be sentenced
  447  to a mandatory minimum term of imprisonment of 25 years, and
  448  shall be ordered to pay a fine of $500,000.
  449         5. A person who knowingly sells, purchases, manufactures,
  450  delivers, or brings into this state, or who is knowingly in
  451  actual or constructive possession of, 30 kilograms or more of
  452  any morphine, opium, oxycodone, hydrocodone, codeine,
  453  hydromorphone, or any salt, derivative, isomer, or salt of an
  454  isomer thereof, including heroin, as described in s.
  455  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  456  more of any mixture containing any such substance, commits the
  457  first degree felony of trafficking in illegal drugs. A person
  458  who has been convicted of the first degree felony of trafficking
  459  in illegal drugs under this subparagraph shall be punished by
  460  life imprisonment and is ineligible for any form of
  461  discretionary early release except pardon or executive clemency
  462  or conditional medical release under s. 947.149. However, if the
  463  court determines that, in addition to committing any act
  464  specified in this paragraph:
  465         a. The person intentionally killed an individual or
  466  counseled, commanded, induced, procured, or caused the
  467  intentional killing of an individual and such killing was the
  468  result; or
  469         b. The person’s conduct in committing that act led to a
  470  natural, though not inevitable, lethal result,
  471  
  472  such person commits the capital felony of trafficking in illegal
  473  drugs, punishable as provided in ss. 775.082 and 921.142. A
  474  person sentenced for a capital felony under this paragraph shall
  475  also be sentenced to pay the maximum fine provided under
  476  subparagraph 1.
  477         6. A person who knowingly brings into this state 60
  478  kilograms or more of any morphine, opium, oxycodone,
  479  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  480  isomer, or salt of an isomer thereof, including heroin, as
  481  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  482  60 kilograms or more of any mixture containing any such
  483  substance, and who knows that the probable result of such
  484  importation would be the death of a person, commits capital
  485  importation of illegal drugs, a capital felony punishable as
  486  provided in ss. 775.082 and 921.142. A person sentenced for a
  487  capital felony under this paragraph shall also be sentenced to
  488  pay the maximum fine provided under subparagraph 1.
  489         (g)1. Any person who knowingly sells, purchases,
  490  manufactures, delivers, or brings into this state, or who is
  491  knowingly in actual or constructive possession of, 4 grams or
  492  more of flunitrazepam or any mixture containing flunitrazepam as
  493  described in s. 893.03(1)(a) commits a felony of the first
  494  degree, which felony shall be known as “trafficking in
  495  flunitrazepam,” punishable as provided in s. 775.082, s.
  496  775.083, or s. 775.084. If the quantity involved:
  497         a. Is 4 grams or more but less than 14 grams, such person
  498  shall be sentenced to a mandatory minimum term of imprisonment
  499  of 3 years, and the defendant shall be ordered to pay a fine of
  500  $50,000.
  501         b. Is 14 grams or more but less than 28 grams, such person
  502  shall be sentenced to a mandatory minimum term of imprisonment
  503  of 7 years, and the defendant shall be ordered to pay a fine of
  504  $100,000.
  505         c. Is 28 grams or more but less than 30 kilograms, such
  506  person shall be sentenced to a mandatory minimum term of
  507  imprisonment of 25 calendar years and pay a fine of $500,000.
  508         2. Any person who knowingly sells, purchases, manufactures,
  509  delivers, or brings into this state or who is knowingly in
  510  actual or constructive possession of 30 kilograms or more of
  511  flunitrazepam or any mixture containing flunitrazepam as
  512  described in s. 893.03(1)(a) commits the first degree felony of
  513  trafficking in flunitrazepam. A person who has been convicted of
  514  the first degree felony of trafficking in flunitrazepam under
  515  this subparagraph shall be punished by life imprisonment and is
  516  ineligible for any form of discretionary early release except
  517  pardon or executive clemency or conditional medical release
  518  under s. 947.149. However, if the court determines that, in
  519  addition to committing any act specified in this paragraph:
  520         a. The person intentionally killed an individual or
  521  counseled, commanded, induced, procured, or caused the
  522  intentional killing of an individual and such killing was the
  523  result; or
  524         b. The person’s conduct in committing that act led to a
  525  natural, though not inevitable, lethal result,
  526  
  527  such person commits the capital felony of trafficking in
  528  flunitrazepam, punishable as provided in ss. 775.082 and
  529  921.142. Any person sentenced for a capital felony under this
  530  paragraph shall also be sentenced to pay the maximum fine
  531  provided under subparagraph 1.
  532         (3) Notwithstanding the provisions of s. 948.01, with
  533  respect to any person who is found to have violated this
  534  section, adjudication of guilt or imposition of sentence shall
  535  not be suspended, deferred, or withheld, nor shall such person
  536  be eligible for parole prior to serving the mandatory minimum
  537  term of imprisonment prescribed by this section. A person
  538  sentenced to a mandatory minimum term of imprisonment under this
  539  section is not eligible for any form of discretionary early
  540  release, except pardon or executive clemency or conditional
  541  medical release under s. 947.149, prior to serving the mandatory
  542  minimum term of imprisonment.
  543         Section 9. For the purpose of incorporating the amendment
  544  made by this act to section 947.149, Florida Statutes, in a
  545  reference thereto, subsection (2) of section 921.0024, Florida
  546  Statutes, is reenacted to read:
  547         921.0024 Criminal Punishment Code; worksheet computations;
  548  scoresheets.—
  549         (2) The lowest permissible sentence is the minimum sentence
  550  that may be imposed by the trial court, absent a valid reason
  551  for departure. The lowest permissible sentence is any nonstate
  552  prison sanction in which the total sentence points equals or is
  553  less than 44 points, unless the court determines within its
  554  discretion that a prison sentence, which may be up to the
  555  statutory maximums for the offenses committed, is appropriate.
  556  When the total sentence points exceeds 44 points, the lowest
  557  permissible sentence in prison months shall be calculated by
  558  subtracting 28 points from the total sentence points and
  559  decreasing the remaining total by 25 percent. The total sentence
  560  points shall be calculated only as a means of determining the
  561  lowest permissible sentence. The permissible range for
  562  sentencing shall be the lowest permissible sentence up to and
  563  including the statutory maximum, as defined in s. 775.082, for
  564  the primary offense and any additional offenses before the court
  565  for sentencing. The sentencing court may impose such sentences
  566  concurrently or consecutively. However, any sentence to state
  567  prison must exceed 1 year. If the lowest permissible sentence
  568  under the code exceeds the statutory maximum sentence as
  569  provided in s. 775.082, the sentence required by the code must
  570  be imposed. If the total sentence points are greater than or
  571  equal to 363, the court may sentence the offender to life
  572  imprisonment. An offender sentenced to life imprisonment under
  573  this section is not eligible for any form of discretionary early
  574  release, except executive clemency or conditional medical
  575  release under s. 947.149.
  576         Section 10. For the purpose of incorporating the amendment
  577  made by this act to section 947.149, Florida Statutes, in a
  578  reference thereto, paragraph (b) of subsection (7) of section
  579  944.605, Florida Statutes, is reenacted to read:
  580         944.605 Inmate release; notification; identification card.—
  581         (7)
  582         (b) Paragraph (a) does not apply to inmates who:
  583         1. The department determines have a valid driver license or
  584  state identification card, except that the department shall
  585  provide these inmates with a replacement state identification
  586  card or replacement driver license, if necessary.
  587         2. Have an active detainer, unless the department
  588  determines that cancellation of the detainer is likely or that
  589  the incarceration for which the detainer was issued will be less
  590  than 12 months in duration.
  591         3. Are released due to an emergency release or a
  592  conditional medical release under s. 947.149.
  593         4. Are not in the physical custody of the department at or
  594  within 180 days before release.
  595         5. Are subject to sex offender residency restrictions, and
  596  who, upon release under such restrictions, do not have a
  597  qualifying address.
  598         Section 11. For the purpose of incorporating the amendment
  599  made by this act to section 947.149, Florida Statutes, in a
  600  reference thereto, paragraph (b) of subsection (1) of section
  601  944.70, Florida Statutes, is reenacted to read:
  602         944.70 Conditions for release from incarceration.—
  603         (1)
  604         (b) A person who is convicted of a crime committed on or
  605  after January 1, 1994, may be released from incarceration only:
  606         1. Upon expiration of the person’s sentence;
  607         2. Upon expiration of the person’s sentence as reduced by
  608  accumulated meritorious or incentive gain-time;
  609         3. As directed by an executive order granting clemency;
  610         4. Upon placement in a conditional release program pursuant
  611  to s. 947.1405 or a conditional medical release program pursuant
  612  to s. 947.149; or
  613         5. Upon the granting of control release, including
  614  emergency control release, pursuant to s. 947.146.
  615         Section 12. For the purpose of incorporating the amendment
  616  made by this act to section 947.149, Florida Statutes, in a
  617  reference thereto, paragraph (h) of subsection (1) of section
  618  947.13, Florida Statutes, is reenacted to read:
  619         947.13 Powers and duties of commission.—
  620         (1) The commission shall have the powers and perform the
  621  duties of:
  622         (h) Determining what persons will be released on
  623  conditional medical release under s. 947.149, establishing the
  624  conditions of conditional medical release, and determining
  625  whether a person has violated the conditions of conditional
  626  medical release and taking action with respect to such a
  627  violation.
  628         Section 13. For the purpose of incorporating the amendment
  629  made by this act to section 947.149, Florida Statutes, in a
  630  reference thereto, subsections (1), (2), and (7) of section
  631  947.141, Florida Statutes, are reenacted to read:
  632         947.141 Violations of conditional release, control release,
  633  or conditional medical release or addiction-recovery
  634  supervision.—
  635         (1) If a member of the commission or a duly authorized
  636  representative of the commission has reasonable grounds to
  637  believe that an offender who is on release supervision under s.
  638  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  639  the terms and conditions of the release in a material respect,
  640  such member or representative may cause a warrant to be issued
  641  for the arrest of the releasee; if the offender was found to be
  642  a sexual predator, the warrant must be issued.
  643         (2) Upon the arrest on a felony charge of an offender who
  644  is on release supervision under s. 947.1405, s. 947.146, s.
  645  947.149, or s. 944.4731, the offender must be detained without
  646  bond until the initial appearance of the offender at which a
  647  judicial determination of probable cause is made. If the trial
  648  court judge determines that there was no probable cause for the
  649  arrest, the offender may be released. If the trial court judge
  650  determines that there was probable cause for the arrest, such
  651  determination also constitutes reasonable grounds to believe
  652  that the offender violated the conditions of the release. Within
  653  24 hours after the trial court judge’s finding of probable
  654  cause, the detention facility administrator or designee shall
  655  notify the commission and the department of the finding and
  656  transmit to each a facsimile copy of the probable cause
  657  affidavit or the sworn offense report upon which the trial court
  658  judge’s probable cause determination is based. The offender must
  659  continue to be detained without bond for a period not exceeding
  660  72 hours excluding weekends and holidays after the date of the
  661  probable cause determination, pending a decision by the
  662  commission whether to issue a warrant charging the offender with
  663  violation of the conditions of release. Upon the issuance of the
  664  commission’s warrant, the offender must continue to be held in
  665  custody pending a revocation hearing held in accordance with
  666  this section.
  667         (7) If a law enforcement officer has probable cause to
  668  believe that an offender who is on release supervision under s.
  669  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  670  the terms and conditions of his or her release by committing a
  671  felony offense, the officer shall arrest the offender without a
  672  warrant, and a warrant need not be issued in the case.
  673         Section 14. This act shall take effect July 1, 2018.