| 1 | A bill to be entitled |
| 2 | An act relating to elderly inmates; providing legislative |
| 3 | intent; creating s. 947.148, F.S.; providing a short |
| 4 | title; creating the Elderly Rehabilitated Inmate |
| 5 | Supervision Program to authorize the Parole Commission to |
| 6 | approve the early release of certain elderly inmates; |
| 7 | providing eligibility requirements for an inmate to |
| 8 | participate in the program; requiring that the petition to |
| 9 | participate in the program include certain documents; |
| 10 | authorizing members of the public to be present at |
| 11 | meetings of the commission held to determine an inmate's |
| 12 | eligibility for the program; authorizing a victim to make |
| 13 | an oral statement or provide a written statement regarding |
| 14 | the granting, denying, or revoking of an inmate's |
| 15 | supervised release under the program; requiring that the |
| 16 | commission notify the victim or the victim's family within |
| 17 | a specified period regarding the filing of a petition, the |
| 18 | date of the commission's meeting, and the commission's |
| 19 | decision; authorizing the commission to approve an |
| 20 | inmate's participation in the program under certain |
| 21 | conditions; providing eligibility requirements that the |
| 22 | commission must review; requiring an examiner to interview |
| 23 | within a specified time an inmate who has filed a petition |
| 24 | for supervised release under the program; authorizing the |
| 25 | postponement of the interview; requiring the examiner to |
| 26 | explain and review certain criteria during the interview; |
| 27 | requiring that the examiner recommend a release date for |
| 28 | the inmate; providing certain conditions under which an |
| 29 | inmate may not be released; requiring a panel of |
| 30 | commissioners to establish terms and conditions of the |
| 31 | supervised release under certain circumstances; requiring |
| 32 | that the inmate participate in community service, submit |
| 33 | to electronic monitoring, and provide restitution to |
| 34 | victims as a condition for participating in the program; |
| 35 | authorizing the commission to impose special conditions of |
| 36 | supervision; authorizing the inmate to request a review of |
| 37 | the terms and conditions of his or her program |
| 38 | supervision; requiring a panel of commissioners to render |
| 39 | a decision within a specified period regarding a request |
| 40 | to modify or continue the supervised release; providing |
| 41 | that participation in the program is voluntary; requiring |
| 42 | the commission to specify in writing the terms and |
| 43 | conditions of supervision and provide a certified copy to |
| 44 | the inmate; authorizing the trial court judge to enter an |
| 45 | order to retain jurisdiction over the offender; providing |
| 46 | a limitation of the trial court's jurisdiction; providing |
| 47 | for gain-time to accrue; providing procedures if the trial |
| 48 | court retains jurisdiction of the inmate; requiring a |
| 49 | correctional probation officer to supervise an inmate who |
| 50 | is released under the program; authorizing the Department |
| 51 | of Corrections to conduct the program using departmental |
| 52 | employees or private agencies; requiring the department to |
| 53 | adopt rules; creating s. 947.1481, F.S.; creating the |
| 54 | Restorative Justice Pilot Program; requiring the |
| 55 | Department of Corrections to develop a pilot program |
| 56 | patterned after the juvenile justice program offered by |
| 57 | Neighborhood Restorative Justice Centers; requiring that |
| 58 | inmates who are eligible to participate in the Elderly |
| 59 | Rehabilitated Inmate Supervision Program be given priority |
| 60 | for participating in the pilot program; providing that the |
| 61 | pilot program be developed after consultation with |
| 62 | specified persons; authorizing the department to conduct |
| 63 | the pilot program using departmental employees or private |
| 64 | agencies; requiring the department to adopt rules; |
| 65 | amending s. 947.141, F.S.; conforming provisions to |
| 66 | changes made by the act; authorizing a law enforcement |
| 67 | officer to arrest an inmate under certain circumstances |
| 68 | who has been released under the Elderly Rehabilitated |
| 69 | Inmate Supervision Program; providing an effective date. |
| 70 |
|
| 71 | Be It Enacted by the Legislature of the State of Florida: |
| 72 |
|
| 73 | Section 1. The Legislature recognizes the need to provide |
| 74 | a means for the release of older inmates who have demonstrated |
| 75 | that they have been rehabilitated while incarcerated. It is the |
| 76 | intent of the Legislature to address this issue by establishing |
| 77 | a conditional extension of the limits of confinement by |
| 78 | providing a mechanism for determining eligibility for early |
| 79 | release and supervising inmates who have been incarcerated for |
| 80 | at least 25 cumulative years and are 50 years of age or older. |
| 81 | The Legislature intends to provide for victim input and the |
| 82 | enforcement of penalties for those who fail to comply with |
| 83 | supervision while outside a prison facility. The Legislature |
| 84 | also intends that a pilot program patterned after the program |
| 85 | offered by Neighborhood Restorative Justice Centers be |
| 86 | implemented and offered to inmates who are eligible for release |
| 87 | under the Elderly Rehabilitated Inmate Supervision Program. |
| 88 | Section 2. Section 947.148, Florida Statutes, is created |
| 89 | to read: |
| 90 | 947.148 Elderly Rehabilitated Inmate Supervision Program.- |
| 91 | (1) This section may be cited as the "Elderly |
| 92 | Rehabilitated Inmate Supervision Program Act." |
| 93 | (2) As used in this section, the term "program" means the |
| 94 | Elderly Rehabilitated Inmate Supervision Program. |
| 95 | (3) An inmate may petition the commission for supervised |
| 96 | release under the program if the inmate: |
| 97 | (a) Is 50 years of age or older; |
| 98 | (b) Has been convicted of a felony and served at least 25 |
| 99 | consecutive years of incarceration; |
| 100 | (c) Is not eligible for parole or conditional medical |
| 101 | release; |
| 102 | (d) Has not been sentenced for a capital felony; |
| 103 | (e) Is not serving a minimum mandatory sentence; and |
| 104 | (f) Has not received a disciplinary report within the |
| 105 | previous 6 months. |
| 106 | (4) Each petition filed on behalf of an inmate to |
| 107 | participate in the program must contain: |
| 108 | (a) A proposed release plan; |
| 109 | (b) Documentation of the inmate's relevant medical |
| 110 | history, including current medical prognosis; |
| 111 | (c) The inmate's prison experience and criminal history. |
| 112 | The criminal history must include any claim of innocence, the |
| 113 | degree to which the inmate accepts responsibility for his or her |
| 114 | acts leading to the conviction of the crime, and how the claim |
| 115 | of responsibility has affected the inmate's feelings of remorse; |
| 116 | (d) Documentation of the inmate's history of substance |
| 117 | abuse and mental health; |
| 118 | (e) Documentation of any disciplinary action taken against |
| 119 | the inmate while in prison; |
| 120 | (f) Documentation of the inmate's participation in prison |
| 121 | work and programs; and |
| 122 | (g) Documentation of the inmate's renunciation of gang |
| 123 | affiliation. |
| 124 | (5) An inmate may file only one petition to participate in |
| 125 | the program. |
| 126 | (6) All matters relating to the granting, denying, or |
| 127 | revoking of an inmate's supervised release in the program shall |
| 128 | be decided in a meeting at which the public may be present. A |
| 129 | victim of the crime committed by the inmate, a victim's parent |
| 130 | or guardian if the victim is a minor, a lawful representative of |
| 131 | the victim or of the victim's parent or guardian if the victim |
| 132 | is a minor, or a homicide victim's next of kin may make an oral |
| 133 | statement or submit a written statement regarding his or her |
| 134 | views as to the granting, denying, or revoking of supervision. A |
| 135 | person who is not a member or employee of the commission, the |
| 136 | victim of the crime committed by the inmate, the victim's parent |
| 137 | or guardian if the victim is a minor, a lawful representative of |
| 138 | the victim or of the victim's parent or guardian if the victim |
| 139 | is a minor, or a homicide victim's next of kin may participate |
| 140 | in deliberations concerning the granting and revoking of an |
| 141 | inmate's supervised release in the program only upon the prior |
| 142 | written approval of the chair of the commission. The commission |
| 143 | shall notify the victim, the victim's parent or guardian if the |
| 144 | victim is a minor, a lawful representative of the victim or of |
| 145 | the victim's parent or guardian if the victim is a minor, or the |
| 146 | victim's next of kin if the victim is deceased no later than 30 |
| 147 | days after the petition is received by the commission, no later |
| 148 | than 30 days before the commission's meeting, and no later than |
| 149 | 30 days after the commission's decision. |
| 150 | (7) The commission may approve an inmate for participation |
| 151 | in the program if the inmate demonstrates: |
| 152 | (a) Successful participation in programs designed to |
| 153 | restore the inmate as a useful and productive person in the |
| 154 | community upon release; |
| 155 | (b) Genuine reform and changed behavior over a period of |
| 156 | years; |
| 157 | (c) Remorse for actions that have caused pain and |
| 158 | suffering to the victims of his or her offenses; and |
| 159 | (d) A renunciation of criminal activity and gang |
| 160 | affiliation if the inmate was a member of a gang. |
| 161 | (8) In considering eligibility for participation in the |
| 162 | program, the commission shall review the inmate's: |
| 163 | (a) Entire criminal history and record; |
| 164 | (b) Complete medical history, including history of |
| 165 | substance abuse, mental health, and current medical prognosis; |
| 166 | (c) Prison disciplinary record; |
| 167 | (d) Work record; |
| 168 | (e) Program participation; and |
| 169 | (f) Gang affiliation, if any. |
| 170 |
|
| 171 | The commission shall consider the inmate's responsibility for |
| 172 | the acts leading to the conviction, including any prior and |
| 173 | continued statements of innocence and the inmate's feelings of |
| 174 | remorse. |
| 175 | (9)(a) An examiner shall interview the inmate within 90 |
| 176 | days after a petition is filed on behalf of the inmate. An |
| 177 | interview may be postponed for a period not to exceed 90 days. |
| 178 | Such postponement must be for good cause, which includes, but |
| 179 | need not be limited to, the need for the commission to obtain a |
| 180 | presentence or postsentence investigation report or a violation |
| 181 | report. The reason for postponement shall be noted in writing |
| 182 | and included in the official record. A postponement for good |
| 183 | cause may not result in an interview being conducted later than |
| 184 | 90 days after the inmate's initial scheduled interview. |
| 185 | (b) During the interview, the examiner shall explain the |
| 186 | program to the inmate and review the inmate's institutional |
| 187 | conduct record, criminal history, medical history, work records, |
| 188 | program participation, gang affiliation, and satisfactory |
| 189 | release plan for supervision under the program. |
| 190 | (c) Within 10 days after the interview, the examiner shall |
| 191 | recommend in writing to a panel of no fewer than two |
| 192 | commissioners appointed by the chair a release date for the |
| 193 | inmate. The commissioners are not bound by the examiner's |
| 194 | recommended release date. |
| 195 | (10) An inmate may not be placed in the program merely as |
| 196 | a reward for good conduct or efficient performance of duties |
| 197 | assigned in prison. An inmate may not be placed in the program |
| 198 | unless the commission finds that there is reasonable probability |
| 199 | that, if the inmate is placed in the program, he or she will |
| 200 | live and conduct himself or herself as a respectable and law- |
| 201 | abiding person and that the inmate's release will be compatible |
| 202 | with his or her own welfare and the welfare of society. |
| 203 | (11) When the commission has accepted the petition, |
| 204 | approved the proposed release plan, and determined that the |
| 205 | inmate is eligible for the program, a panel of no fewer than two |
| 206 | commissioners shall establish the terms and conditions of the |
| 207 | supervision. When granting supervised release under the program, |
| 208 | the commission shall require the inmate to participate in 10 |
| 209 | hours of community service for each year served in prison, |
| 210 | require that the inmate be subject to electronic monitoring for |
| 211 | at least 1 year, and require reparation or restitution be paid |
| 212 | to the victim for the damage or loss caused by the offense for |
| 213 | which the inmate was imprisoned, unless the commission finds |
| 214 | reasons to the contrary. If the commission does not order |
| 215 | restitution or orders only partial restitution, the commission |
| 216 | must state on the record the reasons for its decision. The |
| 217 | amount of such reparation or restitution shall be determined by |
| 218 | the commission. |
| 219 | (12) The commission may impose any special conditions it |
| 220 | considers warranted from its review of the release plan and |
| 221 | inmate's record, including, but not limited to, a requirement |
| 222 | that the inmate: |
| 223 | (a) Pay any debt due and owing to the state under s. |
| 224 | 960.17 or pay attorney's fees and costs that are owed to the |
| 225 | state under s. 938.29; |
| 226 | (b) Not leave the state or any definite physical area |
| 227 | within the state without the consent of the commission; |
| 228 | (c) Not associate with persons engaged in criminal |
| 229 | activity; and |
| 230 | (d) Carry out the instructions of her or his supervising |
| 231 | correctional probation officer. |
| 232 | (13)(a) An inmate may request a review of the terms and |
| 233 | conditions of his or her supervised release under the program. A |
| 234 | panel of at least two commissioners appointed by the chair shall |
| 235 | consider the inmate's request, render a written decision and the |
| 236 | reasons for the decision to continue or to modify the terms and |
| 237 | conditions of the program supervision, and inform the inmate of |
| 238 | the decision in writing within 30 days after the date of receipt |
| 239 | of the request for review. During any period of review of the |
| 240 | terms and conditions of supervision, the inmate shall be subject |
| 241 | to the authorized terms and conditions of supervision until such |
| 242 | time that a decision is made to continue or modify the terms and |
| 243 | conditions of supervision. |
| 244 | (b) The length of supervision shall be the remaining |
| 245 | amount of time the inmate has yet to serve, including |
| 246 | calculations for gain-time credit, as determined by the |
| 247 | department. |
| 248 | (c) An inmate's participation in the program is voluntary, |
| 249 | and the inmate must agree to abide by all conditions of release. |
| 250 | The commission, upon authorizing a supervision release date, |
| 251 | shall specify in writing the terms and conditions of the program |
| 252 | supervision and provide a certified copy of these terms and |
| 253 | conditions to the inmate. |
| 254 | (14)(a) At the time of sentencing, the trial court judge |
| 255 | may enter an order retaining jurisdiction over the offender for |
| 256 | review of a release order by the commission under this section. |
| 257 | This jurisdiction of the trial court judge is limited to the |
| 258 | first one-third of the maximum sentence imposed. When a person |
| 259 | is convicted of two or more felonies and concurrent sentences |
| 260 | are imposed, the jurisdiction of the trial court applies to the |
| 261 | first one-third of the maximum sentence imposed for the highest |
| 262 | felony of which the person was convicted. When any person is |
| 263 | convicted of two or more felonies and consecutive sentences are |
| 264 | imposed, the jurisdiction of the trial court judge applies to |
| 265 | one-third of the total consecutive sentences imposed. |
| 266 | (b) In retaining jurisdiction for purposes of this |
| 267 | subsection, the trial court must state the justification with |
| 268 | individual particularity, and such justification shall be made a |
| 269 | part of the court record. A copy of the justification and the |
| 270 | uniform commitment form issued by the court pursuant to s. |
| 271 | 944.17 shall be delivered together to the department. |
| 272 | (c) Gain-time as provided for by law shall accrue, except |
| 273 | that an offender over whom the trial court has retained |
| 274 | jurisdiction as provided in this subsection may not be released |
| 275 | during the first one-third of her or his sentence by reason of |
| 276 | gain-time. |
| 277 | (d) In such a case of retained jurisdiction, the |
| 278 | commission, within 30 days after the entry of its release order, |
| 279 | shall send notice of its release order to the original |
| 280 | sentencing judge and to the appropriate state attorney. The |
| 281 | release order shall be made contingent upon entry of an order by |
| 282 | the appropriate circuit judge relinquishing jurisdiction as |
| 283 | provided for in paragraph (e). If the original sentencing judge |
| 284 | is no longer in service, such notice shall be sent to the chief |
| 285 | judge of the circuit in which the offender was sentenced. The |
| 286 | chief judge may designate any circuit judge within the circuit |
| 287 | to act in the place of the original sentencing judge. |
| 288 | (e) The original sentencing judge or her or his |
| 289 | replacement shall notify the commission within 10 days after |
| 290 | receipt of the notice provided for in paragraph (d) as to |
| 291 | whether the court desires to retain jurisdiction. If the |
| 292 | original sentencing judge or her or his replacement does not so |
| 293 | notify the commission within the 10-day period or notifies the |
| 294 | commission that the court does not desire to retain |
| 295 | jurisdiction, the commission may dispose of the matter as it |
| 296 | sees fit. |
| 297 | (f) Upon receipt of notice of intent to retain |
| 298 | jurisdiction from the original sentencing judge or her or his |
| 299 | replacement, the commission shall, within 10 days, forward to |
| 300 | the court its release order, the examiner's report and |
| 301 | recommendation, and all supporting information upon which its |
| 302 | release order was based. |
| 303 | (g) Within 30 days after receipt of the items listed in |
| 304 | paragraph (f), the original sentencing judge or her or his |
| 305 | replacement shall review the order, findings, and evidence. If |
| 306 | the judge finds that the order of the commission is not based on |
| 307 | competent, substantial evidence or that participation in the |
| 308 | program is not in the best interest of the community or the |
| 309 | inmate, the court may vacate the release order. The judge or her |
| 310 | or his replacement shall notify the commission of the decision |
| 311 | of the court, and, if the release order is vacated, such |
| 312 | notification must contain the evidence relied on and the reasons |
| 313 | for denial. A copy of the notice shall be sent to the inmate. |
| 314 | (15) A correctional probation officer as defined in s. |
| 315 | 943.10 shall supervise the inmate released under this program. |
| 316 | (16) The department may provide departmental staff to |
| 317 | conduct the program created under this section or may contract |
| 318 | with other public or private agencies for the delivery of |
| 319 | services related to the program created under this section. |
| 320 | (17) The department shall adopt rules to administer this |
| 321 | section. |
| 322 | Section 3. Section 947.1481, Florida Statutes, is created |
| 323 | to read: |
| 324 | 947.1481 Restorative Justice Pilot Program.- |
| 325 | (1) As used in this section, the term "pilot program" |
| 326 | means the Restorative Justice Pilot Program. |
| 327 | (2) The department shall develop the pilot program that is |
| 328 | patterned after the program offered by the Neighborhood |
| 329 | Restorative Justice Centers established under s. 985.155. The |
| 330 | pilot program shall be implemented at one maximum security |
| 331 | prison for women and at two maximum security prisons for men. |
| 332 | The portion of the pilot program which include classes on the |
| 333 | effect that crime has on victims shall be made available on a |
| 334 | voluntary basis. Inmates who are eligible to participate in the |
| 335 | Elderly Rehabilitated Inmate Supervision Program shall be given |
| 336 | priority for participation in the pilot program. |
| 337 | (3) The pilot program created under this section shall be |
| 338 | developed after identifying a need in the community for the |
| 339 | pilot program through consultation with representatives of the |
| 340 | public, members of the judiciary, law enforcement agencies, |
| 341 | state attorneys, and defense attorneys. |
| 342 | (4) The department may provide departmental staff to |
| 343 | conduct the pilot program or may contract with other public or |
| 344 | private agencies for the delivery of services related to the |
| 345 | pilot program. |
| 346 | (5) The department shall adopt rules to administer this |
| 347 | section. |
| 348 | Section 4. Section 947.141, Florida Statutes, is amended |
| 349 | to read: |
| 350 | 947.141 Violations of conditional release, control |
| 351 | release, or conditional medical release or addiction-recovery |
| 352 | supervision.- |
| 353 | (1) If a member of the commission or a duly authorized |
| 354 | representative of the commission has reasonable grounds to |
| 355 | believe that an offender who is on release supervision under s. |
| 356 | 947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has |
| 357 | violated the terms and conditions of the release in a material |
| 358 | respect, such member or representative may cause a warrant to be |
| 359 | issued for the arrest of the releasee; if the offender was found |
| 360 | to be a sexual predator, the warrant must be issued. |
| 361 | (2) Upon the arrest on a felony charge of an offender who |
| 362 | is on release supervision under s. 947.1405, s. 947.146, s. |
| 363 | 947.148, s. 947.149, or s. 944.4731, the offender must be |
| 364 | detained without bond until the initial appearance of the |
| 365 | offender at which a judicial determination of probable cause is |
| 366 | made. If the trial court judge determines that there was no |
| 367 | probable cause for the arrest, the offender may be released. If |
| 368 | the trial court judge determines that there was probable cause |
| 369 | for the arrest, such determination also constitutes reasonable |
| 370 | grounds to believe that the offender violated the conditions of |
| 371 | the release. Within 24 hours after the trial court judge's |
| 372 | finding of probable cause, the detention facility administrator |
| 373 | or designee shall notify the commission and the department of |
| 374 | the finding and transmit to each a facsimile copy of the |
| 375 | probable cause affidavit or the sworn offense report upon which |
| 376 | the trial court judge's probable cause determination is based. |
| 377 | The offender must continue to be detained without bond for a |
| 378 | period not exceeding 72 hours excluding weekends and holidays |
| 379 | after the date of the probable cause determination, pending a |
| 380 | decision by the commission whether to issue a warrant charging |
| 381 | the offender with violation of the conditions of release. Upon |
| 382 | the issuance of the commission's warrant, the offender must |
| 383 | continue to be held in custody pending a revocation hearing held |
| 384 | in accordance with this section. |
| 385 | (3) Within 45 days after notice to the Parole Commission |
| 386 | of the arrest of a releasee charged with a violation of the |
| 387 | terms and conditions of conditional release, control release, |
| 388 | conditional medical release, or addiction-recovery supervision, |
| 389 | the releasee must be afforded a hearing conducted by a |
| 390 | commissioner or a duly authorized representative thereof. If the |
| 391 | releasee elects to proceed with a hearing, the releasee must be |
| 392 | informed orally and in writing of the following: |
| 393 | (a) The alleged violation with which the releasee is |
| 394 | charged. |
| 395 | (b) The releasee's right to be represented by counsel. |
| 396 | (c) The releasee's right to be heard in person. |
| 397 | (d) The releasee's right to secure, present, and compel |
| 398 | the attendance of witnesses relevant to the proceeding. |
| 399 | (e) The releasee's right to produce documents on the |
| 400 | releasee's own behalf. |
| 401 | (f) The releasee's right of access to all evidence used |
| 402 | against the releasee and to confront and cross-examine adverse |
| 403 | witnesses. |
| 404 | (g) The releasee's right to waive the hearing. |
| 405 | (4) Within a reasonable time following the hearing, the |
| 406 | commissioner or the commissioner's duly authorized |
| 407 | representative who conducted the hearing shall make findings of |
| 408 | fact in regard to the alleged violation. A panel of no fewer |
| 409 | than two commissioners shall enter an order determining whether |
| 410 | the charge of violation of conditional release, control release, |
| 411 | conditional medical release, or addiction-recovery supervision |
| 412 | has been sustained based upon the findings of fact presented by |
| 413 | the hearing commissioner or authorized representative. By such |
| 414 | order, the panel may revoke conditional release, control |
| 415 | release, conditional medical release, or addiction-recovery |
| 416 | supervision and thereby return the releasee to prison to serve |
| 417 | the sentence imposed, reinstate the original order granting the |
| 418 | release, or enter such other order as it considers proper. |
| 419 | Effective for inmates whose offenses were committed on or after |
| 420 | July 1, 1995, the panel may order the placement of a releasee, |
| 421 | upon a finding of violation pursuant to this subsection, into a |
| 422 | local detention facility as a condition of supervision. |
| 423 | (5) Effective for inmates whose offenses were committed on |
| 424 | or after July 1, 1995, notwithstanding the provisions of ss. |
| 425 | 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and |
| 426 | 951.23, or any other law to the contrary, by such order as |
| 427 | provided in subsection (4), the panel, upon a finding of guilt, |
| 428 | may, as a condition of continued supervision, place the releasee |
| 429 | in a local detention facility for a period of incarceration not |
| 430 | to exceed 22 months. Prior to the expiration of the term of |
| 431 | incarceration, or upon recommendation of the chief correctional |
| 432 | officer of that county, the commission shall cause inquiry into |
| 433 | the inmate's release plan and custody status in the detention |
| 434 | facility and consider whether to restore the inmate to |
| 435 | supervision, modify the conditions of supervision, or enter an |
| 436 | order of revocation, thereby causing the return of the inmate to |
| 437 | prison to serve the sentence imposed. The provisions of this |
| 438 | section do not prohibit the panel from entering such other order |
| 439 | or conducting any investigation that it deems proper. The |
| 440 | commission may only place a person in a local detention facility |
| 441 | pursuant to this section if there is a contractual agreement |
| 442 | between the chief correctional officer of that county and the |
| 443 | Department of Corrections. The agreement must provide for a per |
| 444 | diem reimbursement for each person placed under this section, |
| 445 | which is payable by the Department of Corrections for the |
| 446 | duration of the offender's placement in the facility. This |
| 447 | section does not limit the commission's ability to place a |
| 448 | person in a local detention facility for less than 1 year. |
| 449 | (6) Whenever a conditional release, control release, |
| 450 | conditional medical release, or addiction-recovery supervision |
| 451 | is revoked by a panel of no fewer than two commissioners and the |
| 452 | releasee is ordered to be returned to prison, the releasee, by |
| 453 | reason of the misconduct, shall be deemed to have forfeited all |
| 454 | gain-time or commutation of time for good conduct, as provided |
| 455 | for by law, earned up to the date of release. However, if a |
| 456 | conditional medical release is revoked due to the improved |
| 457 | medical or physical condition of the releasee, the releasee |
| 458 | shall not forfeit gain-time accrued before the date of |
| 459 | conditional medical release. This subsection does not deprive |
| 460 | the prisoner of the right to gain-time or commutation of time |
| 461 | for good conduct, as provided by law, from the date of return to |
| 462 | prison. |
| 463 | (7) If a law enforcement officer has probable cause to |
| 464 | believe that an offender who is on release supervision under s. |
| 465 | 947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has |
| 466 | violated the terms and conditions of his or her release by |
| 467 | committing a felony offense, the officer shall arrest the |
| 468 | offender without a warrant, and a warrant need not be issued in |
| 469 | the case. |
| 470 | (8) When a law enforcement officer has reasonable grounds |
| 471 | to believe that a releasee has violated the terms and conditions |
| 472 | of her or his supervision in a material respect under the |
| 473 | Elderly Rehabilitated Inmate Supervision Program, the law |
| 474 | enforcement officer may arrest the releasee without warrant and |
| 475 | bring her or him before one or more commissioners or a duly |
| 476 | authorized representative of the commission. Proceedings shall |
| 477 | take place when a warrant has been issued by a member of the |
| 478 | commission or a duly authorized representative of the |
| 479 | commission. |
| 480 | Section 5. This act shall take effect July 1, 2011. |