Bill Text: FL S0232 | 2021 | Regular Session | Introduced


Bill Title: Criminal Justice

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-01-25 - On Committee agenda-- Criminal Justice, 02/03/21, 9:00 am, 110 Senate Building [S0232 Detail]

Download: Florida-2021-S0232-Introduced.html
       Florida Senate - 2021                                     SB 232
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00288-21                                            2021232__
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; creating s.
    3         900.06, F.S.; defining terms and specifying covered
    4         offenses; requiring that a custodial interrogation
    5         conducted at a place of detention in connection with
    6         covered offenses be electronically recorded in its
    7         entirety; requiring law enforcement officers who do
    8         not comply with the electronic recording requirement
    9         or who conduct custodial interrogations at a location
   10         other than a place of detention to prepare specified
   11         reports; providing exceptions to the electronic
   12         recording requirement; requiring a court to consider a
   13         law enforcement officer’s failure to comply with the
   14         electronic recording requirement in determining the
   15         admissibility of a statement, unless an exception
   16         applies; requiring a court, upon the request of a
   17         defendant, to give certain cautionary instructions to
   18         a jury under certain circumstances; providing immunity
   19         from civil liability to law enforcement agencies that
   20         enforce certain rules; providing that a cause of
   21         action is not created against a law enforcement
   22         officer; reenacting and amending s. 921.1402, F.S.;
   23         revising the circumstances under which a juvenile
   24         offender is not entitled to a review of his or her
   25         sentence after a specified timeframe; creating s.
   26         921.14021, F.S.; providing legislative intent;
   27         providing for retroactive application of a specified
   28         provision relating to a review of sentence for
   29         juvenile offenders convicted of murder; providing for
   30         immediate review of certain sentences; creating s.
   31         921.1403, F.S.; providing legislative intent for
   32         retroactive application; defining the term “young
   33         adult offender”; precluding eligibility for a sentence
   34         review for young adult offenders who previously
   35         committed, or conspired to commit, murder; providing
   36         timeframes within which young adult offenders who
   37         commit specified crimes are entitled to a review of
   38         their sentences; providing applicability; requiring
   39         the Department of Corrections to notify young adult
   40         offenders in writing of their eligibility for a
   41         sentence review within certain timeframes; requiring a
   42         young adult offender seeking a sentence review or a
   43         subsequent sentence review to submit an application to
   44         the original sentencing court and request a hearing;
   45         providing for legal representation of eligible young
   46         adult offenders; providing for one subsequent review
   47         hearing for a young adult offender after a certain
   48         timeframe if he or she is not resentenced at the
   49         initial sentence review hearing; requiring the
   50         original sentencing court to hold a sentence review
   51         hearing upon receiving an application from an eligible
   52         young adult offender; requiring the court to consider
   53         certain factors in determining whether to modify a
   54         young adult offender’s sentence; authorizing a court
   55         to modify the sentence of certain young adult
   56         offenders if the court makes certain determinations;
   57         requiring the court to issue a written order stating
   58         certain information in specified circumstances;
   59         creating s. 945.0911, F.S.; providing legislative
   60         findings; establishing the conditional medical release
   61         program within the department; establishing a panel to
   62         consider specified matters; defining terms; providing
   63         for program eligibility; authorizing an inmate to be
   64         released on conditional medical release before serving
   65         85 percent of his or her term of imprisonment;
   66         requiring any inmate who meets certain criteria to be
   67         considered for conditional medical release; providing
   68         that an inmate does not have a right to release or to
   69         a certain medical evaluation; requiring the department
   70         to identify eligible inmates; requiring the department
   71         to refer certain inmates to the panel for
   72         consideration; providing for victim notification under
   73         certain circumstances; requiring the panel to conduct
   74         a hearing within specified timeframes; specifying
   75         requirements for the hearing; providing conditions for
   76         release; requiring that inmates who are approved for
   77         conditional medical release be released from the
   78         department within a reasonable amount of time;
   79         providing a review process for an inmate who is denied
   80         conditional medical release; providing that an inmate
   81         is considered a medical releasee upon release from the
   82         department into the community; requiring medical
   83         releasees to comply with specified conditions;
   84         providing that medical releasees are considered to be
   85         in the custody, supervision, and control of the
   86         department; providing that the department does not
   87         have a duty to provide medical care to a medical
   88         releasee; providing that a medical releasee is
   89         eligible to earn or lose gain-time; prohibiting a
   90         medical releasee or his or her community-based housing
   91         from being counted in the prison system population and
   92         the prison capacity figures, respectively; providing
   93         for the revocation of a medical releasee’s conditional
   94         medical release; authorizing a medical releasee to be
   95         returned to the department’s custody if his or her
   96         medical or physical condition improves; authorizing
   97         the department to order a medical releasee to be
   98         returned for a revocation hearing or to remain in the
   99         community pending such hearing; authorizing the
  100         department to issue a warrant for the arrest of a
  101         medical releasee under certain circumstances;
  102         authorizing a medical releasee to admit to the
  103         allegation that his or her medical or physical
  104         condition improved or to proceed to a revocation
  105         hearing; requiring such hearing to be conducted by the
  106         panel; requiring certain evidence to be reviewed and a
  107         recommendation to be made before such hearing;
  108         requiring a majority of the panel members to agree
  109         that revocation of medical release is appropriate;
  110         requiring a medical releasee to be recommitted to the
  111         department to serve the balance of his or her sentence
  112         if a conditional medical release is revoked; providing
  113         that gain-time is not forfeited for revocation based
  114         on improvement in the medical releasee’s condition;
  115         providing a review process for a medical releasee who
  116         has his or her release revoked; authorizing a medical
  117         releasee to be recommitted if he or she violates any
  118         conditions of the release; authorizing certain persons
  119         to issue a warrant for the arrest of a medical
  120         releasee if certain conditions are met; authorizing a
  121         law enforcement or probation officer to arrest a
  122         medical releasee without a warrant under certain
  123         circumstances; requiring that a medical releasee be
  124         detained without bond if a violation is based on
  125         certain circumstances; authorizing a medical releasee
  126         to admit to the alleged violation or to proceed to a
  127         revocation hearing; requiring such hearing to be
  128         conducted by the panel; requiring a majority of the
  129         panel members to agree that revocation of medical
  130         release is appropriate; requiring specified medical
  131         releasees to be recommitted to the department upon the
  132         revocation of the conditional medical release;
  133         authorizing the forfeiture of gain-time if the
  134         revocation is based on certain violations; providing a
  135         review process for a medical releasee who has his or
  136         her release revoked; requiring that a medical releasee
  137         be given specified information in certain instances;
  138         requiring the panel to provide a written statement as
  139         to evidence relied on and reasons for revocation under
  140         certain circumstances; requiring a medical releasee
  141         whose conditional medical release is revoked and who
  142         is recommitted to the department to comply with the 85
  143         percent requirement upon recommitment; requiring the
  144         department to notify certain persons within a
  145         specified timeframe of an inmate’s diagnosis of a
  146         terminal medical condition; requiring the department
  147         to allow a visit between an inmate and certain persons
  148         within 7 days of a diagnosis of a terminal medical
  149         condition; requiring the department to initiate the
  150         conditional medical release review process immediately
  151         upon an inmate’s diagnosis of a terminal medical
  152         condition; requiring an inmate to consent to release
  153         of information under certain circumstances; providing
  154         that members of the panel have sovereign immunity
  155         related to specified decisions; providing rulemaking
  156         authority; creating s. 945.0912, F.S.; providing
  157         legislative findings; establishing the conditional
  158         aging inmate release program within the department;
  159         establishing a panel to consider specified matters;
  160         providing for program eligibility; providing that an
  161         inmate may be released on conditional aging inmate
  162         release before serving 85 percent of his or her term
  163         of imprisonment; prohibiting certain inmates from
  164         being considered for conditional aging inmate release;
  165         requiring that an inmate who meets certain criteria be
  166         considered for conditional aging inmate release;
  167         providing that an inmate does not have a right to
  168         release; requiring the department to identify eligible
  169         inmates; requiring the department to refer certain
  170         inmates to the panel for consideration; providing
  171         victim notification requirements under certain
  172         circumstances; requiring the panel to conduct a
  173         hearing within specified timeframes; specifying
  174         requirements for the hearing; requiring that inmates
  175         who are approved for conditional aging inmate release
  176         be released from the department within a reasonable
  177         amount of time; providing a review process for an
  178         inmate who is denied conditional aging inmate release;
  179         providing that an inmate is considered an aging
  180         releasee upon release from the department into the
  181         community; providing conditions for release; providing
  182         that aging releasees are considered to be in the
  183         custody, supervision, and control of the department;
  184         providing that the department does not have a duty to
  185         provide medical care to an aging releasee; providing
  186         that an aging releasee is eligible to earn or lose
  187         gain-time; prohibiting an aging releasee or his or her
  188         community-based housing from being counted in the
  189         prison system population and the prison capacity
  190         figures, respectively; providing for the revocation of
  191         conditional aging inmate release; authorizing the
  192         department to issue a warrant for the arrest of an
  193         aging releasee under certain circumstances;
  194         authorizing a law enforcement or probation officer to
  195         arrest an aging releasee without a warrant under
  196         certain circumstances; requiring that an aging
  197         releasee be detained without bond if a violation is
  198         based on certain circumstances; requiring the
  199         department to order an aging releasee subject to
  200         revocation to be returned to department custody for a
  201         revocation hearing; authorizing an aging releasee to
  202         admit to his or her alleged violation or to proceed to
  203         a revocation hearing; requiring such hearing to be
  204         conducted by the panel; requiring a majority of the
  205         panel to agree that revocation is appropriate;
  206         authorizing the forfeiture of gain-time if the
  207         revocation is based on certain violations; requiring
  208         an aging releasee whose conditional aging inmate
  209         release is revoked and who is recommitted to the
  210         department to comply with the 85 percent requirement
  211         upon recommitment; providing a review process for an
  212         aging releasee who has his or her released revoked;
  213         requiring an aging releasee to be given specified
  214         information in certain instances; requiring the panel
  215         to provide a written statement as to evidence relied
  216         on and reasons for revocation under certain
  217         circumstances; providing that members of the panel
  218         have sovereign immunity related to specified
  219         decisions; providing rulemaking authority; repealing
  220         s. 947.149, F.S., relating to conditional medical
  221         release; amending ss. 316.1935, 775.084, 775.087,
  222         784.07, 790.235, 794.0115, 893.135, 921.0024, 944.605,
  223         944.70, 947.13, and 947.141, F.S.; conforming
  224         provisions to changes made by the act; providing an
  225         effective date.
  226          
  227  Be It Enacted by the Legislature of the State of Florida:
  228  
  229         Section 1. Section 900.06, Florida Statutes, is created to
  230  read:
  231         900.06 Recording of custodial interrogations for certain
  232  offenses.—
  233         (1) As used in this section, the term:
  234         (a)“Covered offense” includes:
  235         1. Arson.
  236         2. Sexual battery.
  237         3. Robbery.
  238         4. Kidnapping.
  239         5. Aggravated child abuse.
  240         6. Aggravated abuse of an elderly person or a disabled
  241  adult.
  242         7. Aggravated assault with a deadly weapon.
  243         8. Murder.
  244         9. Manslaughter.
  245         10. Aggravated manslaughter of an elderly person or a
  246  disabled adult.
  247         11. Aggravated manslaughter of a child.
  248         12. The unlawful throwing, placing, or discharging of a
  249  destructive device or bomb.
  250         13. Armed burglary.
  251         14. Aggravated battery.
  252         15. Aggravated stalking.
  253         16. Home-invasion robbery.
  254         17. Carjacking.
  255         (b) “Custodial interrogation” means questioning or other
  256  conduct by a law enforcement officer which is reasonably likely
  257  to elicit an incriminating response from an individual and which
  258  occurs under circumstances in which a reasonable individual in
  259  the same circumstances would consider himself or herself to be
  260  in the custody of a law enforcement agency.
  261         (c) “Electronic recording” means an audio recording or an
  262  audio and video recording that accurately records a custodial
  263  interrogation.
  264         (d) “Place of detention” means a police station, sheriff’s
  265  office, correctional facility, prisoner holding facility, county
  266  detention facility, or other governmental facility where an
  267  individual may be held in connection with a criminal charge that
  268  has been or may be filed against the individual.
  269         (e) “Statement” means a communication that is oral,
  270  written, electronic, nonverbal, or in sign language.
  271         (2)(a) A custodial interrogation at a place of detention,
  272  including the giving of a required warning, the advisement of
  273  the rights of the individual being questioned, and the waiver of
  274  any rights by the individual, must be electronically recorded in
  275  its entirety if the interrogation is related to a covered
  276  offense.
  277         (b) If a law enforcement officer conducts a custodial
  278  interrogation at a place of detention without electronically
  279  recording the interrogation, the officer must prepare a written
  280  report explaining why he or she did not record the
  281  interrogation.
  282         (c) As soon as practicable, a law enforcement officer who
  283  conducts a custodial interrogation at a location other than a
  284  place of detention shall prepare a written report explaining the
  285  circumstances of the interrogation and summarizing the custodial
  286  interrogation process and the individual’s statements.
  287         (d) Paragraph (a) does not apply:
  288         1. If an unforeseen equipment malfunction prevents the
  289  recording of the custodial interrogation in its entirety;
  290         2. If a suspect refuses to participate in a custodial
  291  interrogation if his or her statements are to be electronically
  292  recorded;
  293         3. If an equipment operator error prevents the recording of
  294  the custodial interrogation in its entirety;
  295         4. If the statement is made spontaneously and not in
  296  response to a custodial interrogation question;
  297         5. If the statement is made during the processing of the
  298  arrest of a suspect;
  299         6. If the custodial interrogation occurs when the law
  300  enforcement officer participating in the interrogation does not
  301  have any knowledge of facts and circumstances that would lead an
  302  officer to reasonably believe that the individual being
  303  interrogated may have committed a covered offense;
  304         7. If the law enforcement officer conducting the custodial
  305  interrogation reasonably believes that making an electronic
  306  recording would jeopardize the safety of the officer, the
  307  individual being interrogated, or others; or
  308         8. If the custodial interrogation is conducted outside of
  309  this state.
  310         (3) Unless a court finds that one or more of the
  311  circumstances specified in paragraph (2)(d) apply, the court
  312  must consider the circumstances of an interrogation conducted by
  313  a law enforcement officer in which he or she did not
  314  electronically record all or part of a custodial interrogation
  315  in determining whether a statement made during the interrogation
  316  is admissible. If the court admits into evidence a statement
  317  made during a custodial interrogation which was not
  318  electronically recorded as required under paragraph (2)(a), the
  319  court must, upon request of the defendant, give cautionary
  320  instructions to the jury regarding the law enforcement officer’s
  321  failure to comply with that requirement.
  322         (4) A law enforcement agency in this state which has
  323  adopted rules that are reasonably designed to ensure compliance
  324  with the requirements of this section is not subject to civil
  325  liability for damages arising from a violation of this section
  326  provided the agency enforces such rules. This section does not
  327  create a cause of action against a law enforcement officer.
  328         Section 2. Paragraph (a) of subsection (2) of section
  329  921.1402, Florida Statutes, is amended, and subsection (4) of
  330  that section is reenacted, to read:
  331         921.1402 Review of sentences for persons convicted of
  332  specified offenses committed while under the age of 18 years.—
  333         (2)(a) A juvenile offender sentenced under s.
  334  775.082(1)(b)1. is entitled to a review of his or her sentence
  335  after 25 years. However, a juvenile offender is not entitled to
  336  a review if he or she has previously been convicted of
  337  committing one of the following offenses, or of conspiracy to
  338  commit one of the following offenses, murder if the murder
  339  offense for which the person was previously convicted was part
  340  of a separate criminal transaction or episode than the murder
  341  that which resulted in the sentence under s. 775.082(1)(b)1.:
  342         1. Murder;
  343         2. Manslaughter;
  344         3. Sexual battery;
  345         4. Armed burglary;
  346         5. Armed robbery;
  347         6. Armed carjacking;
  348         7. Home-invasion robbery;
  349         8. Human trafficking for commercial sexual activity with a
  350  child under 18 years of age;
  351         9. False imprisonment under s. 787.02(3)(a); or
  352         10. Kidnapping.
  353         (4) A juvenile offender seeking a sentence review pursuant
  354  to subsection (2) must submit an application to the court of
  355  original jurisdiction requesting that a sentence review hearing
  356  be held. The juvenile offender must submit a new application to
  357  the court of original jurisdiction to request subsequent
  358  sentence review hearings pursuant to paragraph (2)(d). The
  359  sentencing court shall retain original jurisdiction for the
  360  duration of the sentence for this purpose.
  361         Section 3. Section 921.14021, Florida Statutes, is created
  362  to read:
  363         921.14021 Retroactive application relating to s. 921.1402;
  364  legislative intent; review of sentence.—
  365         (1) It is the intent of the Legislature to retroactively
  366  apply the amendments made to s. 921.1402 which are effective on
  367  October 1, 2021, only as provided in this section, to juvenile
  368  offenders convicted of a capital offense and sentenced under s.
  369  775.082(1)(b)1. who have been ineligible for sentence review
  370  hearings because of a previous conviction of an offense
  371  enumerated in s. 921.1402(2)(a), thereby providing such juvenile
  372  offenders with an opportunity for consideration by a court and
  373  an opportunity for release if deemed appropriate under law.
  374         (2) A juvenile offender, as defined in s. 921.1402, who was
  375  convicted for a capital offense and sentenced under s.
  376  775.082(1)(b)1., and who was ineligible for a sentence review
  377  hearing pursuant to s. 921.1402(2)(a)2.-10. as it existed before
  378  October 1, 2021, is entitled to a review of his or her sentence
  379  after 25 years or, if on October 1, 2021, 25 years have already
  380  passed since the sentencing, immediately.
  381         Section 4. Section 921.1403, Florida Statutes, is created
  382  to read:
  383         921.1403Review of sentences for persons convicted of
  384  specified offenses committed while under 25 years of age.—
  385         (1) It is the intent of the Legislature to retroactively
  386  apply the amendments to this section which take effect October
  387  1, 2021.
  388         (2) As used in this section, the term “young adult
  389  offender” means a person who committed an offense before he or
  390  she reached 25 years of age and for which he or she is sentenced
  391  to a term of years in the custody of the Department of
  392  Corrections, regardless of the date of sentencing.
  393         (3)A young adult offender is not entitled to a sentence
  394  review under this section if he or she has previously been
  395  convicted of committing, or of conspiring to commit, murder if
  396  the murder offense for which the person was previously convicted
  397  was part of a separate criminal transaction or episode than the
  398  murder that resulted in the sentence under s. 775.082(3)(a)1.,
  399  2., 3., 4., or 6. or (b)1.
  400         (4)(a)1.A young adult offender who is convicted of an
  401  offense that is a life felony, that is punishable by a term of
  402  years not exceeding life imprisonment, or that was reclassified
  403  as a life felony and he or she is sentenced to a term of more
  404  than 20 years under s. 775.082(3)(a)1., 2., 3., 4., or 6., is
  405  entitled to a review of his or her sentence after 20 years.
  406         2. This paragraph does not apply to a person who is
  407  eligible for sentencing under s. 775.082(3)(a)5. or s.
  408  775.082(3)(c).
  409         (b)A young adult offender who is convicted of an offense
  410  that is a felony of the first degree or that was reclassified as
  411  a felony of the first degree and who is sentenced to a term of
  412  more than 15 years under s. 775.082(3)(b)1. is entitled to a
  413  review of his or her sentence after 15 years.
  414         (5) The Department of Corrections must notify a young adult
  415  offender in writing of his or her eligibility to request a
  416  sentence review hearing 18 months before the young adult
  417  offender is entitled to a sentence review hearing or notify him
  418  or her immediately in writing if the offender is eligible as of
  419  October 1, 2021.
  420         (6) A young adult offender seeking a sentence review
  421  hearing under this section must submit an application to the
  422  court of original jurisdiction requesting that a sentence review
  423  hearing be held. The young adult offender must submit a new
  424  application to the court of original jurisdiction to request a
  425  subsequent sentence review hearing pursuant to subsection (8).
  426  The sentencing court shall retain original jurisdiction for the
  427  duration of the sentence for this purpose.
  428         (7) A young adult offender who is eligible for a sentence
  429  review hearing under this section is entitled to be represented
  430  by counsel, and the court shall appoint a public defender to
  431  represent the young adult offender if he or she cannot afford an
  432  attorney.
  433         (8) If the young adult offender seeking a sentence review
  434  under paragraph (4)(a) or paragraph (4)(b) is not resentenced at
  435  the initial sentence review hearing, he or she is eligible for
  436  one subsequent review hearing 5 years after the initial review
  437  hearing.
  438         (9) Upon receiving an application from an eligible young
  439  adult offender, the original sentencing court must hold a
  440  sentence review hearing to determine whether to modify the young
  441  adult offender’s sentence. When determining if it is appropriate
  442  to modify the young adult offender’s sentence, the court must
  443  consider any factor it deems appropriate, including, but not
  444  limited to:
  445         (a) Whether the young adult offender demonstrates maturity
  446  and rehabilitation.
  447         (b) Whether the young adult offender remains at the same
  448  level of risk to society as he or she did at the time of the
  449  initial sentencing.
  450         (c) The opinion of the victim or the victim’s next of kin.
  451  The absence of the victim or the victim’s next of kin from the
  452  sentence review hearing may not be a factor in the determination
  453  of the court under this section. The court must allow the victim
  454  or victim’s next of kin to be heard in person, in writing, or by
  455  electronic means. If the victim or the victim’s next of kin
  456  chooses not to participate in the hearing, the court may
  457  consider previous statements made by the victim or the victim’s
  458  next of kin during the trial, initial sentencing phase, or
  459  previous sentencing review hearings.
  460         (d) Whether the young adult offender was a relatively minor
  461  participant in the criminal offense or whether he or she acted
  462  under extreme duress or under the domination of another person.
  463         (e) Whether the young adult offender has shown sincere and
  464  sustained remorse for the criminal offense.
  465         (f) Whether the young adult offender’s age, maturity, or
  466  psychological development at the time of the offense affected
  467  his or her behavior.
  468         (g) Whether the young adult offender has successfully
  469  obtained a high school equivalency diploma or completed another
  470  educational, technical, work, vocational, or self-rehabilitation
  471  program, if such a program is available.
  472         (h) Whether the young adult offender was a victim of
  473  sexual, physical, or emotional abuse before he or she committed
  474  the offense.
  475         (i) The results of any mental health assessment, risk
  476  assessment, or evaluation of the young adult offender as to
  477  rehabilitation.
  478         (10)(a) If the court determines at a sentence review
  479  hearing that the young adult offender who is seeking a sentence
  480  review under paragraph (4)(a) has been rehabilitated and is
  481  reasonably believed to be fit to reenter society, the court may
  482  modify the sentence and impose a term of probation of at least 5
  483  years.
  484         (b) If the court determines at a sentence review hearing
  485  that the young adult offender who is seeking a sentence review
  486  under paragraph (4)(b) has been rehabilitated and is reasonably
  487  believed to be fit to reenter society, the court may modify the
  488  sentence and impose a term of probation of at least 3 years.
  489         (c) If the court determines that the young adult offender
  490  seeking a sentence review under paragraph (4)(a) or paragraph
  491  (4)(b) has not demonstrated rehabilitation or is not fit to
  492  reenter society, the court must issue a written order stating
  493  the reasons why the sentence is not being modified.
  494         Section 5. Section 945.0911, Florida Statutes, is created
  495  to read:
  496         945.0911 Conditional medical release.—
  497         (1) FINDINGS.—The Legislature finds that the number of
  498  inmates with terminal medical conditions or who are suffering
  499  from severe debilitating or incapacitating medical conditions
  500  who are incarcerated in the state’s prisons has grown
  501  significantly in recent years. Further, the Legislature finds
  502  that the condition of inmates who are terminally ill or
  503  suffering from a debilitating or incapacitating condition may be
  504  exacerbated by imprisonment due to the stress linked to prison
  505  life. The Legislature also finds that recidivism rates are
  506  greatly reduced with inmates suffering from such medical
  507  conditions who are released into the community. Therefore, the
  508  Legislature finds that it is of great public importance to find
  509  a compassionate solution to the challenges presented by the
  510  imprisonment of inmates who are terminally ill or are suffering
  511  from a debilitating or incapacitating condition while also
  512  ensuring that the public safety of Florida’s communities remains
  513  protected.
  514         (2) CREATION.—There is established a conditional medical
  515  release program within the department for the purpose of
  516  determining whether release is appropriate for eligible inmates,
  517  supervising the released inmates, and conducting revocation
  518  hearings as provided for in this section. The establishment of
  519  the conditional medical release program must include a panel of
  520  at least three people appointed by the secretary or his or her
  521  designee for the purpose of determining the appropriateness of
  522  conditional medical release and conducting revocation hearings
  523  on the inmate releases.
  524         (3)DEFINITIONS.—As used in this section, the term:
  525         (a) “Inmate with a debilitating illness” means an inmate
  526  who is determined to be suffering from a significant terminal or
  527  nonterminal condition, disease, or syndrome that has rendered
  528  the inmate so physically or cognitively impaired, debilitated,
  529  or incapacitated as to create a reasonable probability that the
  530  inmate does not constitute a danger to himself or herself or to
  531  others.
  532         (b) “Permanently incapacitated inmate” means an inmate who
  533  has a condition caused by injury, disease, or illness which, to
  534  a reasonable degree of medical certainty, renders the inmate
  535  permanently and irreversibly physically incapacitated to the
  536  extent that the inmate does not constitute a danger to himself
  537  or herself or to others.
  538         (c) “Terminally ill inmate” means an inmate who has a
  539  condition caused by injury, disease, or illness which, to a
  540  reasonable degree of medical certainty, renders the inmate
  541  terminally ill to the extent that there can be no recovery,
  542  death is expected within 12 months, and the inmate does not
  543  constitute a danger to himself or herself or to others.
  544         (4) ELIGIBILITY.—An inmate is eligible for consideration
  545  for release under the conditional medical release program when
  546  the inmate, because of an existing medical or physical
  547  condition, is determined by the department to be an inmate with
  548  a debilitating illness, a permanently incapacitated inmate, or a
  549  terminally ill inmate. Notwithstanding any other law, an inmate
  550  who meets this eligibility criteria may be released from the
  551  custody of the department pursuant to this section before
  552  serving 85 percent of his or her term of imprisonment.
  553         (5) REFERRAL FOR CONSIDERATION.—
  554         (a)1.Notwithstanding any law to the contrary, any inmate
  555  in the custody of the department who meets one or more of the
  556  eligibility requirements under subsection (4) must be considered
  557  for conditional medical release.
  558         2. The authority to grant conditional medical release rests
  559  solely with the department. An inmate does not have a right to
  560  release or to a medical evaluation to determine eligibility for
  561  release pursuant to this section.
  562         (b) The department must identify inmates who may be
  563  eligible for conditional medical release based upon available
  564  medical information. In considering an inmate for conditional
  565  medical release, the department may require additional medical
  566  evidence, including examinations of the inmate, or any other
  567  additional investigations the department deems necessary for
  568  determining the appropriateness of the eligible inmate’s
  569  release.
  570         (c) The department must refer an inmate to the panel
  571  established under subsection (2) for review and determination of
  572  conditional medical release upon his or her identification as
  573  potentially eligible for release pursuant to this section.
  574         (d) If the case that resulted in the inmate’s commitment to
  575  the department involved a victim, and the victim specifically
  576  requested notification pursuant to s. 16, Art. I of the State
  577  Constitution, the department must notify the victim of the
  578  inmate’s referral to the panel upon identification of the inmate
  579  as potentially eligible for release under this section.
  580  Additionally, the victim must be afforded the right to be heard
  581  regarding the release of the inmate.
  582         (6) DETERMINATION OF RELEASE.—
  583         (a)The panel established in subsection (2) must conduct a
  584  hearing to determine whether conditional medical release is
  585  appropriate for the inmate. Before the hearing, the director of
  586  inmate health services or his or her designee must review any
  587  relevant information, including, but not limited to, medical
  588  evidence, and provide the panel with a recommendation regarding
  589  the appropriateness of releasing the inmate pursuant to this
  590  section. The hearing must be conducted by the panel:
  591         1. By April 1, 2022, if the inmate is immediately eligible
  592  for consideration for the conditional medical release program
  593  when this section takes effect on October 1, 2021.
  594         2. By July 1, 2022, if the inmate becomes eligible for
  595  consideration for the conditional medical release program after
  596  October 1, 2021, but before July 1, 2022.
  597         3. Within 45 days after receiving the referral if the
  598  inmate becomes eligible for conditional medical release any time
  599  on or after July 1, 2022.
  600         (b) A majority of the panel members must agree that the
  601  inmate is appropriate for release pursuant to this section. If
  602  conditional medical release is approved, the inmate must be
  603  released by the department to the community within a reasonable
  604  amount of time with necessary release conditions imposed
  605  pursuant to subsection (7).
  606         (c)1. An inmate who is denied conditional medical release
  607  by the panel may elect to have the decision reviewed by the
  608  department’s general counsel and chief medical officer, who must
  609  make a recommendation to the secretary. The secretary must
  610  review all relevant information and make a final decision about
  611  the appropriateness of conditional medical release pursuant to
  612  this section. The decision of the secretary is a final
  613  administrative decision not subject to appeal.
  614         2. An inmate who requests to have the decision reviewed in
  615  accordance with this paragraph must do so in a manner prescribed
  616  by rule. An inmate who is denied conditional medical release may
  617  subsequently be reconsidered for such release in a manner
  618  prescribed by department rule.
  619         (7) RELEASE CONDITIONS.—
  620         (a) An inmate granted release pursuant to this section is
  621  released for a period equal to the length of time remaining on
  622  his or her term of imprisonment on the date the release is
  623  granted. Such inmate is considered a medical releasee upon
  624  release from the department into the community. The medical
  625  releasee must comply with all reasonable conditions of release
  626  the department imposes, which must include, at a minimum:
  627         1. Periodic medical evaluations at intervals determined by
  628  the department at the time of release.
  629         2. Supervision by an officer trained to handle special
  630  offender caseloads.
  631         3. Active electronic monitoring, if such monitoring is
  632  determined to be necessary to ensure the safety of the public
  633  and the medical releasee’s compliance with release conditions.
  634         4. Any conditions of community control provided for in s.
  635  948.101.
  636         5. Any other conditions the department deems appropriate to
  637  ensure the safety of the community and compliance by the medical
  638  releasee.
  639         (b) A medical releasee is considered to be in the custody,
  640  supervision, and control of the department, which, for purposes
  641  of this section, does not create a duty for the department to
  642  provide the medical releasee with medical care upon release into
  643  the community. The medical releasee remains eligible to earn or
  644  lose gain-time in accordance with s. 944.275 and department
  645  rule. The medical releasee may not be counted in the prison
  646  system population and the medical releasee’s approved community
  647  based housing location may not be counted in the capacity
  648  figures for the prison system.
  649         (8) REVOCATION HEARING AND RECOMMITMENT.—
  650         (a) The department may terminate a medical releasee’s
  651  conditional medical release and return him or her to the same or
  652  another institution designated by the department.
  653         (b)1.If a medical releasee’s supervision officer or a duly
  654  authorized representative of the department discovers that the
  655  medical or physical condition of the medical releasee has
  656  improved to the extent that he or she would no longer be
  657  eligible for release under this section, the conditional medical
  658  release may be revoked. The department may order, as prescribed
  659  by department rule, that the medical releasee be returned to the
  660  custody of the department for a conditional medical release
  661  revocation hearing or may allow the medical releasee to remain
  662  in the community pending the revocation hearing. If the
  663  department elects to order the medical releasee to be returned
  664  to custody pending the revocation hearing, the officer or duly
  665  authorized representative may cause a warrant to be issued for
  666  the arrest of the medical releasee.
  667         2. A medical releasee may admit to the allegation of
  668  improved medical or physical condition or may elect to proceed
  669  to a revocation hearing. The revocation hearing must be
  670  conducted by the panel established in subsection (2). Before a
  671  revocation hearing pursuant to this paragraph, the director of
  672  inmate health services or his or her designee must review any
  673  medical evidence pertaining to the medical releasee and provide
  674  the panel with a recommendation regarding the medical releasee’s
  675  improvement and current medical or physical condition.
  676         3. A majority of the panel members must agree that
  677  revocation is appropriate for a medical releasee’s conditional
  678  medical release to be revoked. If conditional medical release is
  679  revoked due to improvement in his or her medical or physical
  680  condition, the medical releasee must be recommitted to the
  681  department to serve the balance of his or her sentence in an
  682  institution designated by the department with credit for the
  683  time served on conditional medical release and without
  684  forfeiture of any gain-time accrued before recommitment. If the
  685  medical releasee whose conditional medical release is revoked
  686  due to an improvement in his or her medical or physical
  687  condition would otherwise be eligible for parole or any other
  688  release program, he or she may be considered for such release
  689  program pursuant to law.
  690         4. A medical releasee whose conditional medical release is
  691  revoked pursuant to this paragraph may elect to have the
  692  decision reviewed by the department’s general counsel and chief
  693  medical officer, who must make a recommendation to the
  694  secretary. The secretary must review all relevant information
  695  and make a final decision about the appropriateness of the
  696  revocation of conditional medical release pursuant to this
  697  paragraph. The decision of the secretary is a final
  698  administrative decision not subject to appeal.
  699         (c)1. The medical releasee’s conditional medical release
  700  may also be revoked for violation of any release conditions the
  701  department establishes, including, but not limited to, a new
  702  violation of law.
  703         2. If a duly authorized representative of the department
  704  has reasonable grounds to believe that a medical releasee has
  705  violated the conditions of his or her release in a material
  706  respect, such representative may cause a warrant to be issued
  707  for the arrest of the medical releasee. A law enforcement
  708  officer or a probation officer may arrest the medical releasee
  709  without a warrant in accordance with s. 948.06 if there are
  710  reasonable grounds to believe he or she has violated the terms
  711  and conditions of his or her conditional medical release. The
  712  law enforcement officer must report the medical releasee’s
  713  alleged violations to the supervising probation office or the
  714  department’s emergency action center for initiation of
  715  revocation proceedings as prescribed by department rule.
  716         3. If the basis of the violation of release conditions is
  717  related to a new violation of law, the medical releasee must be
  718  detained without bond until his or her initial appearance, at
  719  which time a judicial determination of probable cause is made.
  720  If the judge determines that there was no probable cause for the
  721  arrest, the medical releasee may be released. A judicial
  722  determination of probable cause also constitutes reasonable
  723  grounds to believe that the medical releasee violated the
  724  conditions of the conditional medical release.
  725         4. The department must order that the medical releasee
  726  subject to revocation under this paragraph be returned to
  727  department custody for a conditional medical release revocation
  728  hearing. A medical releasee may admit to the alleged violation
  729  of the conditions of conditional medical release or may elect to
  730  proceed to a revocation hearing. The revocation hearing must be
  731  conducted by the panel established in subsection (2).
  732         5. A majority of the panel members must agree that
  733  revocation is appropriate for the medical releasee’s conditional
  734  medical release to be revoked. If conditional medical release is
  735  revoked pursuant to this paragraph, the medical releasee must
  736  serve the balance of his or her sentence in an institution
  737  designated by the department with credit for the actual time
  738  served on conditional medical release. The releasee’s gain-time
  739  accrued before recommitment may be forfeited pursuant to s.
  740  944.28(1). If the medical releasee whose conditional medical
  741  release is revoked subject to this paragraph would otherwise be
  742  eligible for parole or any other release program, he or she may
  743  be considered for such release program pursuant to law.
  744         6. A medical releasee whose conditional medical release has
  745  been revoked pursuant to this paragraph may elect to have the
  746  revocation reviewed by the department’s general counsel, who
  747  must make a recommendation to the secretary. The secretary must
  748  review all relevant information and make a final decision about
  749  the appropriateness of the revocation of conditional medical
  750  release pursuant to this paragraph. The decision of the
  751  secretary is a final administrative decision not subject to
  752  appeal.
  753         (d)1. If the medical releasee subject to revocation under
  754  paragraph (b) or paragraph (c) elects to proceed with a hearing,
  755  the medical releasee must be informed orally and in writing of
  756  the following:
  757         a. The alleged basis for the pending revocation proceeding
  758  against the releasee.
  759         b. The releasee’s right to be represented by counsel.
  760  However, this sub-subparagraph does not create a right to
  761  publicly funded legal counsel.
  762         c. The releasee’s right to be heard either in person or by
  763  electronic audiovisual device in the discretion of the
  764  department.
  765         d. The releasee’s right to secure, present, and compel the
  766  attendance of witnesses relevant to the proceeding.
  767         e. The releasee’s right to produce documents on his or her
  768  own behalf.
  769         f. The releasee’s right of access to all evidence used to
  770  support the revocation proceeding against the releasee and to
  771  confront and cross-examine adverse witnesses.
  772         g. The releasee’s right to waive the hearing.
  773         2. If the panel approves the revocation of the medical
  774  releasee’s conditional medical release under paragraph (a) or
  775  paragraph (b), the panel must provide a written statement as to
  776  evidence relied on and reasons for revocation.
  777         (e) A medical releasee whose conditional medical release is
  778  revoked and who is recommitted to the department under this
  779  subsection must comply with the 85 percent requirement in
  780  accordance with ss. 921.002 and 944.275 upon recommitment.
  781         (9) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A
  782  TERMINAL CONDITION.—
  783         (a) If an inmate is diagnosed with a terminal medical
  784  condition that makes him or her eligible for consideration for
  785  release under paragraph (3)(c) while in the custody of the
  786  department, subject to confidentiality requirements, the
  787  department must:
  788         1.Notify the inmate’s family or next of kin and attorney,
  789  if applicable, of such diagnosis within 72 hours after the
  790  diagnosis.
  791         2.Provide the inmate’s family, including extended family,
  792  an opportunity to visit the inmate in person within 7 days after
  793  the diagnosis.
  794         3.Initiate a review for conditional medical release as
  795  provided for in this section immediately upon the diagnosis.
  796         (b) If the inmate has mental and physical capacity, he or
  797  she must consent to release of confidential information for the
  798  department to comply with the notification requirements required
  799  in this subsection.
  800         (10) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
  801  and in accordance with s. 13, Art. X of the State Constitution,
  802  members of the panel established in subsection (2) who are
  803  involved with decisions that grant or revoke conditional medical
  804  release are provided immunity from liability for actions that
  805  directly relate to such decisions.
  806         (11) RULEMAKING AUTHORITY.—The department may adopt rules
  807  as necessary to implement this section.
  808         Section 6. Section 945.0912, Florida Statutes, is created
  809  to read:
  810         945.0912 Conditional aging inmate release.—
  811         (1) FINDINGS.—The Legislature finds that the number of
  812  aging inmates incarcerated in the state’s prisons has grown
  813  significantly in recent years. Further, the Legislature finds
  814  that imprisonment tends to exacerbate the effects of aging due
  815  to histories of substance abuse and inadequate preventive care
  816  before imprisonment and stress linked to prison life. The
  817  Legislature also finds that recidivism rates are greatly reduced
  818  with older inmates who are released into the community.
  819  Therefore, the Legislature finds that it is of great public
  820  importance to find a compassionate solution to the challenges
  821  presented by the imprisonment of aging inmates while also
  822  ensuring that the public safety of Florida’s communities remains
  823  protected.
  824         (2) CREATION.—There is established a conditional aging
  825  inmate release program within the department for the purpose of
  826  determining eligible inmates who are appropriate for such
  827  release, supervising the released inmates, and conducting
  828  revocation hearings as provided for in this section. The program
  829  must include a panel of at least three people appointed by the
  830  secretary or his or her designee for the purpose of determining
  831  the appropriateness of conditional aging inmate release and
  832  conducting revocation hearings on the inmate releases.
  833         (3) ELIGIBILITY.—
  834         (a) An inmate is eligible for consideration for release
  835  under the conditional aging inmate release program when the
  836  inmate has reached 65 years of age and has served at least 10
  837  years on his or her term of imprisonment. Notwithstanding any
  838  other law, an inmate who meets this criteria as prescribed in
  839  this subsection may be released from the custody of the
  840  department pursuant to this section before serving 85 percent of
  841  his or her term of imprisonment.
  842         (b) An inmate may not be considered for release through the
  843  conditional aging inmate release program if he or she has ever
  844  been found guilty of, regardless of adjudication, or entered a
  845  plea of nolo contendere or guilty to, or has been adjudicated
  846  delinquent for committing:
  847         1. Any offense classified or that was reclassified as a
  848  capital felony, life felony, or first degree felony punishable
  849  by a term of years not exceeding life imprisonment.
  850         2. Any violation of law which resulted in the killing of a
  851  human being.
  852         3. Any felony offense that serves as a predicate to
  853  registration as a sexual offender in accordance with s.
  854  943.0435.
  855         4. Any similar offense committed in another jurisdiction
  856  which would be an offense listed in this paragraph if it had
  857  been committed in violation of the laws of this state.
  858         (c) An inmate who has previously been released on any form
  859  of conditional or discretionary release and who was recommitted
  860  to the department as a result of a finding that he or she
  861  subsequently violated the terms of such conditional or
  862  discretionary release may not be considered for release through
  863  the program.
  864         (4) REFERRAL FOR CONSIDERATION.—
  865         (a)1. Notwithstanding any law to the contrary, an inmate in
  866  the custody of the department who is eligible for consideration
  867  pursuant to subsection (3) must be considered for the
  868  conditional aging inmate release program.
  869         2. The authority to grant conditional aging inmate release
  870  rests solely with the department. An inmate does not have a
  871  right to such release.
  872         (b) The department must identify inmates who may be
  873  eligible for the conditional aging inmate release program. In
  874  considering an inmate for conditional aging inmate release, the
  875  department may require the production of additional evidence or
  876  any other additional investigations that the department deems
  877  necessary for determining the appropriateness of the eligible
  878  inmate’s release.
  879         (c) The department must refer an inmate to the panel
  880  established under subsection (2) for review and determination of
  881  conditional aging inmate release upon his or her identification
  882  as potentially eligible for release pursuant to this section.
  883         (d) If the case that resulted in the inmate’s commitment to
  884  the department involved a victim, and the victim specifically
  885  requested notification pursuant to s. 16, Art. I of the State
  886  Constitution, the department must notify the victim, in a manner
  887  prescribed by rule, of the inmate’s referral to the panel upon
  888  identification of the inmate as potentially eligible for release
  889  under this section. Additionally, the victim must be afforded
  890  the right to be heard regarding the release of the inmate.
  891         (5) DETERMINATION OF RELEASE.—
  892         (a)The panel established in subsection (2) must conduct a
  893  hearing to determine whether the inmate is appropriate for
  894  conditional aging inmate release. The hearing must be conducted
  895  by the panel:
  896         1. By April 1, 2022, if the inmate is immediately eligible
  897  for consideration for the conditional aging inmate release
  898  program when this section takes effect on October 1, 2021.
  899         2. By July 1, 2022, if the inmate becomes eligible for
  900  consideration for the conditional aging inmate release program
  901  after October 1, 2021, but before July 1, 2022.
  902         3. Within 45 days after receiving the referral if the
  903  inmate becomes eligible for conditional aging inmate release any
  904  time on or after July 1, 2022.
  905         (b) A majority of the panel members must agree that the
  906  inmate is appropriate for release pursuant to this section. If
  907  conditional aging inmate release is approved, the inmate must be
  908  released by the department to the community within a reasonable
  909  amount of time with necessary release conditions imposed
  910  pursuant to subsection (6).
  911         (c)1. An inmate who is denied conditional aging inmate
  912  release by the panel may elect to have the decision reviewed by
  913  the department’s general counsel, who must make a recommendation
  914  to the secretary. The secretary must review all relevant
  915  information and make a final decision about the appropriateness
  916  of conditional aging inmate release pursuant to this section.
  917  The decision of the secretary is a final administrative decision
  918  not subject to appeal.
  919         2. An inmate who requests to have the decision reviewed in
  920  accordance with this paragraph must do so in a manner prescribed
  921  by rule. An inmate who is denied conditional aging inmate
  922  release may be subsequently reconsidered for such release in a
  923  manner prescribed by rule.
  924         (6) RELEASE CONDITIONS.—
  925         (a) An inmate granted release pursuant to this section is
  926  released for a period equal to the length of time remaining on
  927  his or her term of imprisonment on the date the release is
  928  granted. Such inmate is considered an aging releasee upon
  929  release from the department into the community. The aging
  930  releasee must comply with all reasonable conditions of release
  931  the department imposes, which must include, at a minimum:
  932         1. Supervision by an officer trained to handle special
  933  offender caseloads.
  934         2. Active electronic monitoring, if such monitoring is
  935  determined to be necessary to ensure the safety of the public
  936  and the aging releasee’s compliance with release conditions.
  937         3. Any conditions of community control provided for in s.
  938  948.101.
  939         4. Any other conditions the department deems appropriate to
  940  ensure the safety of the community and compliance by the aging
  941  releasee.
  942         (b) An aging releasee is considered to be in the custody,
  943  supervision, and control of the department, which, for purposes
  944  of this section, does not create a duty for the department to
  945  provide the aging releasee with medical care upon release into
  946  the community. The aging releasee remains eligible to earn or
  947  lose gain-time in accordance with s. 944.275 and department
  948  rule. The aging releasee may not be counted in the prison system
  949  population, and the aging releasee’s approved community-based
  950  housing location may not be counted in the capacity figures for
  951  the prison system.
  952         (7) REVOCATION HEARING AND RECOMMITMENT.—
  953         (a)1.An aging releasee’s conditional aging inmate release
  954  may be revoked for a violation of any condition of the release
  955  established by the department, including, but not limited to, a
  956  new violation of law. The department may terminate the aging
  957  releasee’s conditional aging inmate release and return him or
  958  her to the same or another institution designated by the
  959  department.
  960         2. If a duly authorized representative of the department
  961  has reasonable grounds to believe that an aging releasee has
  962  violated the conditions of his or her release in a material
  963  respect, such representative may cause a warrant to be issued
  964  for the arrest of the aging releasee. A law enforcement officer
  965  or a probation officer may arrest the aging releasee without a
  966  warrant in accordance with s. 948.06 if there are reasonable
  967  grounds to believe he or she has violated the terms and
  968  conditions of his or her conditional aging inmate release. The
  969  law enforcement officer must report the aging releasee’s alleged
  970  violations to the supervising probation office or the
  971  department’s emergency action center for initiation of
  972  revocation proceedings as prescribed by department rule.
  973         3. If the basis of the violation of release conditions is
  974  related to a new violation of law, the aging releasee must be
  975  detained without bond until his or her initial appearance, at
  976  which a judicial determination of probable cause is made. If the
  977  judge determines that there was no probable cause for the
  978  arrest, the aging releasee may be released. A judicial
  979  determination of probable cause also constitutes reasonable
  980  grounds to believe that the aging releasee violated the
  981  conditions of the release.
  982         4. The department must order that the aging releasee
  983  subject to revocation under this subsection be returned to
  984  department custody for a conditional aging inmate release
  985  revocation hearing as prescribed by rule. An aging releasee may
  986  admit to the alleged violation of the conditions of conditional
  987  aging inmate release or may elect to proceed to a revocation
  988  hearing. The revocation hearing must be conducted by the panel
  989  established in subsection (2).
  990         5. A majority of the panel members must agree that
  991  revocation is appropriate for the aging releasee’s conditional
  992  aging inmate release to be revoked. If conditional aging inmate
  993  release is revoked pursuant to this subsection, the aging
  994  releasee must serve the balance of his or her sentence in an
  995  institution designated by the department with credit for the
  996  actual time served on conditional aging inmate release. However,
  997  the aging releasee’s gain-time accrued before recommitment may
  998  be forfeited pursuant to s. 944.28(1). An aging releasee whose
  999  conditional aging inmate release is revoked and is recommitted
 1000  to the department under this subsection must comply with the 85
 1001  percent requirement in accordance with ss. 921.002 and 944.275.
 1002  If the aging releasee whose conditional aging inmate release is
 1003  revoked subject to this subsection would otherwise be eligible
 1004  for parole or any other release program, he or she may be
 1005  considered for such release program pursuant to law.
 1006         6. An aging releasee whose release has been revoked
 1007  pursuant to this subsection may elect to have the revocation
 1008  reviewed by the department’s general counsel, who must make a
 1009  recommendation to the secretary. The secretary must review all
 1010  relevant information and make a final decision about the
 1011  appropriateness of the revocation of conditional aging inmate
 1012  release pursuant to this subsection. The decision of the
 1013  secretary is a final administrative decision not subject to
 1014  appeal.
 1015         (b) If the aging releasee subject to revocation under this
 1016  subsection elects to proceed with a hearing, the aging releasee
 1017  must be informed orally and in writing of the following:
 1018         1. The alleged violation with which the releasee is
 1019  charged.
 1020         2. The releasee’s right to be represented by counsel.
 1021  However, this subparagraph does not create a right to publicly
 1022  funded legal counsel.
 1023         3. The releasee’s right to be heard either in person or by
 1024  electronic audiovisual device in the discretion of the
 1025  department.
 1026         4. The releasee’s right to secure, present, and compel the
 1027  attendance of witnesses relevant to the proceeding.
 1028         5. The releasee’s right to produce documents on his or her
 1029  own behalf.
 1030         6. The releasee’s right of access to all evidence used
 1031  against the releasee and to confront and cross-examine adverse
 1032  witnesses.
 1033         7. The releasee’s right to waive the hearing.
 1034         (c) If the panel approves the revocation of the aging
 1035  releasee’s conditional aging inmate release, the panel must
 1036  provide a written statement as to evidence relied on and reasons
 1037  for revocation.
 1038         (8) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
 1039  and in accordance with s. 13, Art. X of the State Constitution,
 1040  members of the panel established in subsection (2) who are
 1041  involved with decisions that grant or revoke conditional aging
 1042  inmate release are provided immunity from liability for actions
 1043  that directly relate to such decisions.
 1044         (9) RULEMAKING AUTHORITY.—The department may adopt rules as
 1045  necessary to implement this section.
 1046         Section 7. Section 947.149, Florida Statutes, is repealed.
 1047         Section 8. Subsection (6) of section 316.1935, Florida
 1048  Statutes, is amended to read:
 1049         316.1935 Fleeing or attempting to elude a law enforcement
 1050  officer; aggravated fleeing or eluding.—
 1051         (6) Notwithstanding s. 948.01, a court may not no court may
 1052  suspend, defer, or withhold adjudication of guilt or imposition
 1053  of sentence for any violation of this section. A person
 1054  convicted and sentenced to a mandatory minimum term of
 1055  incarceration under paragraph (3)(b) or paragraph (4)(b) is not
 1056  eligible for statutory gain-time under s. 944.275 or any form of
 1057  discretionary early release, other than pardon or executive
 1058  clemency, or conditional medical release under s. 945.0911 s.
 1059  947.149, or conditional aging inmate release under s. 945.0912,
 1060  before prior to serving the mandatory minimum sentence.
 1061         Section 9. Paragraph (k) of subsection (4) of section
 1062  775.084, Florida Statutes, is amended to read:
 1063         775.084 Violent career criminals; habitual felony offenders
 1064  and habitual violent felony offenders; three-time violent felony
 1065  offenders; definitions; procedure; enhanced penalties or
 1066  mandatory minimum prison terms.—
 1067         (4)
 1068         (k)1. A defendant sentenced under this section as a
 1069  habitual felony offender, a habitual violent felony offender, or
 1070  a violent career criminal is eligible for gain-time granted by
 1071  the Department of Corrections as provided in s. 944.275(4)(b).
 1072         2. For an offense committed on or after October 1, 1995, a
 1073  defendant sentenced under this section as a violent career
 1074  criminal is not eligible for any form of discretionary early
 1075  release, other than pardon or executive clemency, or conditional
 1076  medical release under s. 945.0911, or conditional aging inmate
 1077  release under s. 945.0912 granted pursuant to s. 947.149.
 1078         3. For an offense committed on or after July 1, 1999, a
 1079  defendant sentenced under this section as a three-time violent
 1080  felony offender shall be released only by expiration of sentence
 1081  and is shall not be eligible for parole, control release, or any
 1082  form of early release.
 1083         Section 10. Paragraph (b) of subsection (2) and paragraph
 1084  (b) of subsection (3) of section 775.087, Florida Statutes, are
 1085  amended to read:
 1086         775.087 Possession or use of weapon; aggravated battery;
 1087  felony reclassification; minimum sentence.—
 1088         (2)
 1089         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 1090  (a)3. does not prevent a court from imposing a longer sentence
 1091  of incarceration as authorized by law in addition to the minimum
 1092  mandatory sentence, or from imposing a sentence of death
 1093  pursuant to other applicable law. Subparagraph (a)1.,
 1094  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 1095  court to impose a lesser sentence than otherwise required by
 1096  law.
 1097  
 1098  Notwithstanding s. 948.01, adjudication of guilt or imposition
 1099  of sentence may shall not be suspended, deferred, or withheld,
 1100  and the defendant is not eligible for statutory gain-time under
 1101  s. 944.275 or any form of discretionary early release, other
 1102  than pardon or executive clemency, or conditional medical
 1103  release under s. 945.0911 s. 947.149, or conditional aging
 1104  inmate release under s. 945.0912, before prior to serving the
 1105  minimum sentence.
 1106         (3)
 1107         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 1108  (a)3. does not prevent a court from imposing a longer sentence
 1109  of incarceration as authorized by law in addition to the minimum
 1110  mandatory sentence, or from imposing a sentence of death
 1111  pursuant to other applicable law. Subparagraph (a)1.,
 1112  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 1113  court to impose a lesser sentence than otherwise required by
 1114  law.
 1115  
 1116  Notwithstanding s. 948.01, adjudication of guilt or imposition
 1117  of sentence may shall not be suspended, deferred, or withheld,
 1118  and the defendant is not eligible for statutory gain-time under
 1119  s. 944.275 or any form of discretionary early release, other
 1120  than pardon or executive clemency, or conditional medical
 1121  release under s. 945.0911 s. 947.149, or conditional aging
 1122  inmate release under s. 945.0912, before prior to serving the
 1123  minimum sentence.
 1124         Section 11. Subsection (3) of section 784.07, Florida
 1125  Statutes, is amended to read:
 1126         784.07 Assault or battery of law enforcement officers,
 1127  firefighters, emergency medical care providers, public transit
 1128  employees or agents, or other specified officers;
 1129  reclassification of offenses; minimum sentences.—
 1130         (3) Any person who is convicted of a battery under
 1131  paragraph (2)(b) and, during the commission of the offense, such
 1132  person possessed:
 1133         (a) A “firearm” or “destructive device” as those terms are
 1134  defined in s. 790.001, shall be sentenced to a minimum term of
 1135  imprisonment of 3 years.
 1136         (b) A semiautomatic firearm and its high-capacity
 1137  detachable box magazine, as defined in s. 775.087(3), or a
 1138  machine gun as defined in s. 790.001, shall be sentenced to a
 1139  minimum term of imprisonment of 8 years.
 1140  
 1141  Notwithstanding s. 948.01, adjudication of guilt or imposition
 1142  of sentence may shall not be suspended, deferred, or withheld,
 1143  and the defendant is not eligible for statutory gain-time under
 1144  s. 944.275 or any form of discretionary early release, other
 1145  than pardon or executive clemency, or conditional medical
 1146  release under s. 945.0911 s. 947.149, or conditional aging
 1147  inmate release under s. 945.0912, before prior to serving the
 1148  minimum sentence.
 1149         Section 12. Subsection (1) of section 790.235, Florida
 1150  Statutes, is amended to read:
 1151         790.235 Possession of firearm or ammunition by violent
 1152  career criminal unlawful; penalty.—
 1153         (1) Any person who meets the violent career criminal
 1154  criteria under s. 775.084(1)(d), regardless of whether such
 1155  person is or has previously been sentenced as a violent career
 1156  criminal, who owns or has in his or her care, custody,
 1157  possession, or control any firearm, ammunition, or electric
 1158  weapon or device, or carries a concealed weapon, including a
 1159  tear gas gun or chemical weapon or device, commits a felony of
 1160  the first degree, punishable as provided in s. 775.082, s.
 1161  775.083, or s. 775.084. A person convicted of a violation of
 1162  this section shall be sentenced to a mandatory minimum of 15
 1163  years’ imprisonment; however, if the person would be sentenced
 1164  to a longer term of imprisonment under s. 775.084(4)(d), the
 1165  person must be sentenced under that provision. A person
 1166  convicted of a violation of this section is not eligible for any
 1167  form of discretionary early release, other than pardon,
 1168  executive clemency, or conditional medical release under s.
 1169  945.0911, or conditional aging inmate release under s. 945.0912
 1170  s. 947.149.
 1171         Section 13. Subsection (7) of section 794.0115, Florida
 1172  Statutes, is amended to read:
 1173         794.0115 Dangerous sexual felony offender; mandatory
 1174  sentencing.—
 1175         (7) A defendant sentenced to a mandatory minimum term of
 1176  imprisonment under this section is not eligible for statutory
 1177  gain-time under s. 944.275 or any form of discretionary early
 1178  release, other than pardon or executive clemency, or conditional
 1179  medical release under s. 945.0911 s. 947.149, before serving the
 1180  minimum sentence.
 1181         Section 14. Paragraphs (b), (c), and (g) of subsection (1)
 1182  and subsection (3) of section 893.135, Florida Statutes, are
 1183  amended to read:
 1184         893.135 Trafficking; mandatory sentences; suspension or
 1185  reduction of sentences; conspiracy to engage in trafficking.—
 1186         (1) Except as authorized in this chapter or in chapter 499
 1187  and notwithstanding the provisions of s. 893.13:
 1188         (b)1. Any person who knowingly sells, purchases,
 1189  manufactures, delivers, or brings into this state, or who is
 1190  knowingly in actual or constructive possession of, 28 grams or
 1191  more of cocaine, as described in s. 893.03(2)(a)4., or of any
 1192  mixture containing cocaine, but less than 150 kilograms of
 1193  cocaine or any such mixture, commits a felony of the first
 1194  degree, which felony shall be known as “trafficking in cocaine,”
 1195  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1196  If the quantity involved:
 1197         a. Is 28 grams or more, but less than 200 grams, such
 1198  person shall be sentenced to a mandatory minimum term of
 1199  imprisonment of 3 years, and the defendant shall be ordered to
 1200  pay a fine of $50,000.
 1201         b. Is 200 grams or more, but less than 400 grams, such
 1202  person shall be sentenced to a mandatory minimum term of
 1203  imprisonment of 7 years, and the defendant shall be ordered to
 1204  pay a fine of $100,000.
 1205         c. Is 400 grams or more, but less than 150 kilograms, such
 1206  person shall be sentenced to a mandatory minimum term of
 1207  imprisonment of 15 calendar years and pay a fine of $250,000.
 1208         2. Any person who knowingly sells, purchases, manufactures,
 1209  delivers, or brings into this state, or who is knowingly in
 1210  actual or constructive possession of, 150 kilograms or more of
 1211  cocaine, as described in s. 893.03(2)(a)4., commits the first
 1212  degree felony of trafficking in cocaine. A person who has been
 1213  convicted of the first degree felony of trafficking in cocaine
 1214  under this subparagraph shall be punished by life imprisonment
 1215  and is ineligible for any form of discretionary early release
 1216  except pardon or executive clemency or conditional medical
 1217  release under s. 945.0911 s. 947.149. However, if the court
 1218  determines that, in addition to committing any act specified in
 1219  this paragraph:
 1220         a. The person intentionally killed an individual or
 1221  counseled, commanded, induced, procured, or caused the
 1222  intentional killing of an individual and such killing was the
 1223  result; or
 1224         b. The person’s conduct in committing that act led to a
 1225  natural, though not inevitable, lethal result,
 1226  
 1227  such person commits the capital felony of trafficking in
 1228  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
 1229  person sentenced for a capital felony under this paragraph shall
 1230  also be sentenced to pay the maximum fine provided under
 1231  subparagraph 1.
 1232         3. Any person who knowingly brings into this state 300
 1233  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
 1234  and who knows that the probable result of such importation would
 1235  be the death of any person, commits capital importation of
 1236  cocaine, a capital felony punishable as provided in ss. 775.082
 1237  and 921.142. Any person sentenced for a capital felony under
 1238  this paragraph shall also be sentenced to pay the maximum fine
 1239  provided under subparagraph 1.
 1240         (c)1. A person who knowingly sells, purchases,
 1241  manufactures, delivers, or brings into this state, or who is
 1242  knowingly in actual or constructive possession of, 4 grams or
 1243  more of any morphine, opium, hydromorphone, or any salt,
 1244  derivative, isomer, or salt of an isomer thereof, including
 1245  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 1246  (3)(c)4., or 4 grams or more of any mixture containing any such
 1247  substance, but less than 30 kilograms of such substance or
 1248  mixture, commits a felony of the first degree, which felony
 1249  shall be known as “trafficking in illegal drugs,” punishable as
 1250  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 1251  quantity involved:
 1252         a. Is 4 grams or more, but less than 14 grams, such person
 1253  shall be sentenced to a mandatory minimum term of imprisonment
 1254  of 3 years and shall be ordered to pay a fine of $50,000.
 1255         b. Is 14 grams or more, but less than 28 grams, such person
 1256  shall be sentenced to a mandatory minimum term of imprisonment
 1257  of 15 years and shall be ordered to pay a fine of $100,000.
 1258         c. Is 28 grams or more, but less than 30 kilograms, such
 1259  person shall be sentenced to a mandatory minimum term of
 1260  imprisonment of 25 years and shall be ordered to pay a fine of
 1261  $500,000.
 1262         2. A person who knowingly sells, purchases, manufactures,
 1263  delivers, or brings into this state, or who is knowingly in
 1264  actual or constructive possession of, 28 grams or more of
 1265  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
 1266  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
 1267  grams or more of any mixture containing any such substance,
 1268  commits a felony of the first degree, which felony shall be
 1269  known as “trafficking in hydrocodone,” punishable as provided in
 1270  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1271         a. Is 28 grams or more, but less than 50 grams, such person
 1272  shall be sentenced to a mandatory minimum term of imprisonment
 1273  of 3 years and shall be ordered to pay a fine of $50,000.
 1274         b. Is 50 grams or more, but less than 100 grams, such
 1275  person shall be sentenced to a mandatory minimum term of
 1276  imprisonment of 7 years and shall be ordered to pay a fine of
 1277  $100,000.
 1278         c. Is 100 grams or more, but less than 300 grams, such
 1279  person shall be sentenced to a mandatory minimum term of
 1280  imprisonment of 15 years and shall be ordered to pay a fine of
 1281  $500,000.
 1282         d. Is 300 grams or more, but less than 30 kilograms, such
 1283  person shall be sentenced to a mandatory minimum term of
 1284  imprisonment of 25 years and shall be ordered to pay a fine of
 1285  $750,000.
 1286         3. A person who knowingly sells, purchases, manufactures,
 1287  delivers, or brings into this state, or who is knowingly in
 1288  actual or constructive possession of, 7 grams or more of
 1289  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
 1290  thereof, or 7 grams or more of any mixture containing any such
 1291  substance, commits a felony of the first degree, which felony
 1292  shall be known as “trafficking in oxycodone,” punishable as
 1293  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 1294  quantity involved:
 1295         a. Is 7 grams or more, but less than 14 grams, such person
 1296  shall be sentenced to a mandatory minimum term of imprisonment
 1297  of 3 years and shall be ordered to pay a fine of $50,000.
 1298         b. Is 14 grams or more, but less than 25 grams, such person
 1299  shall be sentenced to a mandatory minimum term of imprisonment
 1300  of 7 years and shall be ordered to pay a fine of $100,000.
 1301         c. Is 25 grams or more, but less than 100 grams, such
 1302  person shall be sentenced to a mandatory minimum term of
 1303  imprisonment of 15 years and shall be ordered to pay a fine of
 1304  $500,000.
 1305         d. Is 100 grams or more, but less than 30 kilograms, such
 1306  person shall be sentenced to a mandatory minimum term of
 1307  imprisonment of 25 years and shall be ordered to pay a fine of
 1308  $750,000.
 1309         4.a. A person who knowingly sells, purchases, manufactures,
 1310  delivers, or brings into this state, or who is knowingly in
 1311  actual or constructive possession of, 4 grams or more of:
 1312         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 1313         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 1314         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 1315         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
 1316         (V) A fentanyl derivative, as described in s.
 1317  893.03(1)(a)62.;
 1318         (VI) A controlled substance analog, as described in s.
 1319  893.0356, of any substance described in sub-sub-subparagraphs
 1320  (I)-(V); or
 1321         (VII) A mixture containing any substance described in sub
 1322  sub-subparagraphs (I)-(VI),
 1323  
 1324  commits a felony of the first degree, which felony shall be
 1325  known as “trafficking in fentanyl,” punishable as provided in s.
 1326  775.082, s. 775.083, or s. 775.084.
 1327         b. If the quantity involved under sub-subparagraph a.:
 1328         (I) Is 4 grams or more, but less than 14 grams, such person
 1329  shall be sentenced to a mandatory minimum term of imprisonment
 1330  of 3 years, and shall be ordered to pay a fine of $50,000.
 1331         (II) Is 14 grams or more, but less than 28 grams, such
 1332  person shall be sentenced to a mandatory minimum term of
 1333  imprisonment of 15 years, and shall be ordered to pay a fine of
 1334  $100,000.
 1335         (III) Is 28 grams or more, such person shall be sentenced
 1336  to a mandatory minimum term of imprisonment of 25 years, and
 1337  shall be ordered to pay a fine of $500,000.
 1338         5. A person who knowingly sells, purchases, manufactures,
 1339  delivers, or brings into this state, or who is knowingly in
 1340  actual or constructive possession of, 30 kilograms or more of
 1341  any morphine, opium, oxycodone, hydrocodone, codeine,
 1342  hydromorphone, or any salt, derivative, isomer, or salt of an
 1343  isomer thereof, including heroin, as described in s.
 1344  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 1345  more of any mixture containing any such substance, commits the
 1346  first degree felony of trafficking in illegal drugs. A person
 1347  who has been convicted of the first degree felony of trafficking
 1348  in illegal drugs under this subparagraph shall be punished by
 1349  life imprisonment and is ineligible for any form of
 1350  discretionary early release except pardon or executive clemency
 1351  or conditional medical release under s. 945.0911 s. 947.149.
 1352  However, if the court determines that, in addition to committing
 1353  any act specified in this paragraph:
 1354         a. The person intentionally killed an individual or
 1355  counseled, commanded, induced, procured, or caused the
 1356  intentional killing of an individual and such killing was the
 1357  result; or
 1358         b. The person’s conduct in committing that act led to a
 1359  natural, though not inevitable, lethal result,
 1360  
 1361  such person commits the capital felony of trafficking in illegal
 1362  drugs, punishable as provided in ss. 775.082 and 921.142. A
 1363  person sentenced for a capital felony under this paragraph shall
 1364  also be sentenced to pay the maximum fine provided under
 1365  subparagraph 1.
 1366         6. A person who knowingly brings into this state 60
 1367  kilograms or more of any morphine, opium, oxycodone,
 1368  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 1369  isomer, or salt of an isomer thereof, including heroin, as
 1370  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 1371  60 kilograms or more of any mixture containing any such
 1372  substance, and who knows that the probable result of such
 1373  importation would be the death of a person, commits capital
 1374  importation of illegal drugs, a capital felony punishable as
 1375  provided in ss. 775.082 and 921.142. A person sentenced for a
 1376  capital felony under this paragraph shall also be sentenced to
 1377  pay the maximum fine provided under subparagraph 1.
 1378         (g)1. Any person who knowingly sells, purchases,
 1379  manufactures, delivers, or brings into this state, or who is
 1380  knowingly in actual or constructive possession of, 4 grams or
 1381  more of flunitrazepam or any mixture containing flunitrazepam as
 1382  described in s. 893.03(1)(a) commits a felony of the first
 1383  degree, which felony shall be known as “trafficking in
 1384  flunitrazepam,” punishable as provided in s. 775.082, s.
 1385  775.083, or s. 775.084. If the quantity involved:
 1386         a. Is 4 grams or more but less than 14 grams, such person
 1387  shall be sentenced to a mandatory minimum term of imprisonment
 1388  of 3 years, and the defendant shall be ordered to pay a fine of
 1389  $50,000.
 1390         b. Is 14 grams or more but less than 28 grams, such person
 1391  shall be sentenced to a mandatory minimum term of imprisonment
 1392  of 7 years, and the defendant shall be ordered to pay a fine of
 1393  $100,000.
 1394         c. Is 28 grams or more but less than 30 kilograms, such
 1395  person shall be sentenced to a mandatory minimum term of
 1396  imprisonment of 25 calendar years and pay a fine of $500,000.
 1397         2. Any person who knowingly sells, purchases, manufactures,
 1398  delivers, or brings into this state or who is knowingly in
 1399  actual or constructive possession of 30 kilograms or more of
 1400  flunitrazepam or any mixture containing flunitrazepam as
 1401  described in s. 893.03(1)(a) commits the first degree felony of
 1402  trafficking in flunitrazepam. A person who has been convicted of
 1403  the first degree felony of trafficking in flunitrazepam under
 1404  this subparagraph shall be punished by life imprisonment and is
 1405  ineligible for any form of discretionary early release except
 1406  pardon or executive clemency or conditional medical release
 1407  under s. 945.0911 s. 947.149. However, if the court determines
 1408  that, in addition to committing any act specified in this
 1409  paragraph:
 1410         a. The person intentionally killed an individual or
 1411  counseled, commanded, induced, procured, or caused the
 1412  intentional killing of an individual and such killing was the
 1413  result; or
 1414         b. The person’s conduct in committing that act led to a
 1415  natural, though not inevitable, lethal result,
 1416  
 1417  such person commits the capital felony of trafficking in
 1418  flunitrazepam, punishable as provided in ss. 775.082 and
 1419  921.142. Any person sentenced for a capital felony under this
 1420  paragraph shall also be sentenced to pay the maximum fine
 1421  provided under subparagraph 1.
 1422         (3) Notwithstanding the provisions of s. 948.01, with
 1423  respect to any person who is found to have violated this
 1424  section, adjudication of guilt or imposition of sentence shall
 1425  not be suspended, deferred, or withheld, nor shall such person
 1426  be eligible for parole prior to serving the mandatory minimum
 1427  term of imprisonment prescribed by this section. A person
 1428  sentenced to a mandatory minimum term of imprisonment under this
 1429  section is not eligible for any form of discretionary early
 1430  release, except pardon or executive clemency or conditional
 1431  medical release under s. 945.0911 s. 947.149, prior to serving
 1432  the mandatory minimum term of imprisonment.
 1433         Section 15. Subsection (2) of section 921.0024, Florida
 1434  Statutes, is amended to read:
 1435         921.0024 Criminal Punishment Code; worksheet computations;
 1436  scoresheets.—
 1437         (2) The lowest permissible sentence is the minimum sentence
 1438  that may be imposed by the trial court, absent a valid reason
 1439  for departure. The lowest permissible sentence is any nonstate
 1440  prison sanction in which the total sentence points equals or is
 1441  less than 44 points, unless the court determines within its
 1442  discretion that a prison sentence, which may be up to the
 1443  statutory maximums for the offenses committed, is appropriate.
 1444  When the total sentence points exceeds 44 points, the lowest
 1445  permissible sentence in prison months shall be calculated by
 1446  subtracting 28 points from the total sentence points and
 1447  decreasing the remaining total by 25 percent. The total sentence
 1448  points shall be calculated only as a means of determining the
 1449  lowest permissible sentence. The permissible range for
 1450  sentencing shall be the lowest permissible sentence up to and
 1451  including the statutory maximum, as defined in s. 775.082, for
 1452  the primary offense and any additional offenses before the court
 1453  for sentencing. The sentencing court may impose such sentences
 1454  concurrently or consecutively. However, any sentence to state
 1455  prison must exceed 1 year. If the lowest permissible sentence
 1456  under the code exceeds the statutory maximum sentence as
 1457  provided in s. 775.082, the sentence required by the code must
 1458  be imposed. If the total sentence points are greater than or
 1459  equal to 363, the court may sentence the offender to life
 1460  imprisonment. An offender sentenced to life imprisonment under
 1461  this section is not eligible for any form of discretionary early
 1462  release, except executive clemency or conditional medical
 1463  release under s. 945.0911 s. 947.149.
 1464         Section 16. Paragraph (b) of subsection (7) of section
 1465  944.605, Florida Statutes, is amended to read:
 1466         944.605 Inmate release; notification; identification card.—
 1467         (7)
 1468         (b) Paragraph (a) does not apply to inmates who:
 1469         1. The department determines have a valid driver license or
 1470  state identification card, except that the department shall
 1471  provide these inmates with a replacement state identification
 1472  card or replacement driver license, if necessary.
 1473         2. Have an active detainer, unless the department
 1474  determines that cancellation of the detainer is likely or that
 1475  the incarceration for which the detainer was issued will be less
 1476  than 12 months in duration.
 1477         3. Are released due to an emergency release or a
 1478  conditional medical release under s. 945.0911 s. 947.149.
 1479         4. Are not in the physical custody of the department at or
 1480  within 180 days before release.
 1481         5. Are subject to sex offender residency restrictions, and
 1482  who, upon release under such restrictions, do not have a
 1483  qualifying address.
 1484         Section 17. Paragraph (b) of subsection (1) of section
 1485  944.70, Florida Statutes, is amended to read:
 1486         944.70 Conditions for release from incarceration.—
 1487         (1)
 1488         (b) A person who is convicted of a crime committed on or
 1489  after January 1, 1994, may be released from incarceration only:
 1490         1. Upon expiration of the person’s sentence;
 1491         2. Upon expiration of the person’s sentence as reduced by
 1492  accumulated meritorious or incentive gain-time;
 1493         3. As directed by an executive order granting clemency;
 1494         4. Upon placement in a conditional release program pursuant
 1495  to s. 947.1405 or a conditional medical release program pursuant
 1496  to s. 945.0911 s. 947.149; or
 1497         5. Upon the granting of control release, including
 1498  emergency control release, pursuant to s. 947.146.
 1499         Section 18. Paragraph (h) of subsection (1) of section
 1500  947.13, Florida Statutes, is amended to read:
 1501         947.13 Powers and duties of commission.—
 1502         (1) The commission shall have the powers and perform the
 1503  duties of:
 1504         (h) Determining what persons will be released on
 1505  conditional medical release under s. 945.0911 s. 947.149,
 1506  establishing the conditions of conditional medical release, and
 1507  determining whether a person has violated the conditions of
 1508  conditional medical release and taking action with respect to
 1509  such a violation.
 1510         Section 19. Subsections (1), (2), and (7) of section
 1511  947.141, Florida Statutes, are amended to read:
 1512         947.141 Violations of conditional release, control release,
 1513  or conditional medical release or addiction-recovery
 1514  supervision.—
 1515         (1) If a member of the commission or a duly authorized
 1516  representative of the commission has reasonable grounds to
 1517  believe that an offender who is on release supervision under s.
 1518  945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
 1519  has violated the terms and conditions of the release in a
 1520  material respect, such member or representative may cause a
 1521  warrant to be issued for the arrest of the releasee; if the
 1522  offender was found to be a sexual predator, the warrant must be
 1523  issued.
 1524         (2) Upon the arrest on a felony charge of an offender who
 1525  is on release supervision under s. 945.0911, s. 947.1405, s.
 1526  947.146, s. 947.149, or s. 944.4731, the offender must be
 1527  detained without bond until the initial appearance of the
 1528  offender at which a judicial determination of probable cause is
 1529  made. If the trial court judge determines that there was no
 1530  probable cause for the arrest, the offender may be released. If
 1531  the trial court judge determines that there was probable cause
 1532  for the arrest, such determination also constitutes reasonable
 1533  grounds to believe that the offender violated the conditions of
 1534  the release. Within 24 hours after the trial court judge’s
 1535  finding of probable cause, the detention facility administrator
 1536  or designee shall notify the commission and the department of
 1537  the finding and transmit to each a facsimile copy of the
 1538  probable cause affidavit or the sworn offense report upon which
 1539  the trial court judge’s probable cause determination is based.
 1540  The offender must continue to be detained without bond for a
 1541  period not exceeding 72 hours excluding weekends and holidays
 1542  after the date of the probable cause determination, pending a
 1543  decision by the commission whether to issue a warrant charging
 1544  the offender with violation of the conditions of release. Upon
 1545  the issuance of the commission’s warrant, the offender must
 1546  continue to be held in custody pending a revocation hearing held
 1547  in accordance with this section.
 1548         (7) If a law enforcement officer has probable cause to
 1549  believe that an offender who is on release supervision under s.
 1550  945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
 1551  has violated the terms and conditions of his or her release by
 1552  committing a felony offense, the officer shall arrest the
 1553  offender without a warrant, and a warrant need not be issued in
 1554  the case.
 1555         Section 20. This act shall take effect October 1, 2021.

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