Bill Text: FL S0346 | 2019 | Regular Session | Comm Sub


Bill Title: Conditional Medical Release

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2019-03-07 - Now in Appropriations [S0346 Detail]

Download: Florida-2019-S0346-Comm_Sub.html
       Florida Senate - 2019                              CS for SB 346
       
       
        
       By the Committee on Criminal Justice; and Senator Brandes
       
       
       
       
       
       591-02322-19                                           2019346c1
    1                        A bill to be entitled                      
    2         An act relating to conditional medical release;
    3         amending s. 947.005, F.S.; defining the terms
    4         “conditional medical release”; amending s. 947.149,
    5         F.S.; expanding eligibility for conditional medical
    6         release to include inmates with debilitating
    7         illnesses; defining the term “inmate with a
    8         debilitating illness”; redefining the term “terminally
    9         ill inmate”; reenacting ss. 316.1935(6),
   10         775.084(4)(k), 775.087(2)(b) and (3)(b), 784.07(3),
   11         790.235(1), 794.0115(7), 893.135(1)(b), (c), and (g),
   12         and (3), 921.0024(2), 944.605(7)(b), 944.70(1)(b),
   13         947.13(1)(h), and 947.141(1), (2), and (7), F.S., all
   14         relating to authorized conditional medical release
   15         granted under s. 947.149, F.S., to incorporate the
   16         amendment made to s. 947.149, F.S., in references
   17         thereto; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Present subsections (4) through (15) of section
   22  947.005, Florida Statutes, are redesignated as subsections (5)
   23  through (16), respectively, and a new subsection (4) is added to
   24  that section, to read:
   25         947.005 Definitions.—As used in this chapter, unless the
   26  context clearly indicates otherwise:
   27         (4) “Conditional medical release” means the release from a
   28  state correctional institution or facility as provided in this
   29  chapter for a medical or physical condition pursuant to s.
   30  947.149.
   31         Section 2. Subsection (1) of section 947.149, Florida
   32  Statutes, is amended to read:
   33         947.149 Conditional medical release.—
   34         (1) The commission shall, in conjunction with the
   35  department, establish the conditional medical release program.
   36  An inmate is eligible for consideration for release under the
   37  conditional medical release program when the inmate, because of
   38  an existing medical or physical condition, is determined by the
   39  department to be within one of the following designations:
   40         (a) “Inmate with a debilitating illness,” which means an
   41  inmate who is determined to be suffering from a significant
   42  terminal or nonterminal condition, disease, or syndrome that has
   43  rendered the inmate so physically or cognitively impaired,
   44  debilitated, or incapacitated as to create a reasonable
   45  probability that the inmate does not constitute a danger to
   46  herself or himself or to others.
   47         (b)(a) “Permanently incapacitated inmate,” which means an
   48  inmate who has a condition caused by injury, disease, or illness
   49  which, to a reasonable degree of medical certainty, renders the
   50  inmate permanently and irreversibly physically incapacitated to
   51  the extent that the inmate does not constitute a danger to
   52  herself or himself or to others.
   53         (c)(b) “Terminally ill inmate,” which means an inmate who
   54  has a condition caused by injury, disease, or illness that
   55  which, to a reasonable degree of medical certainty, renders the
   56  inmate terminally ill to the extent that there can be no
   57  recovery, and death is expected within 12 months is imminent,
   58  and so that the inmate does not constitute a danger to herself
   59  or himself or to others.
   60         Section 3. For the purpose of incorporating the amendment
   61  made by this act to section 947.149, Florida Statutes, in a
   62  reference thereto, subsection (6) of section 316.1935, Florida
   63  Statutes, is reenacted to read:
   64         316.1935 Fleeing or attempting to elude a law enforcement
   65  officer; aggravated fleeing or eluding.—
   66         (6) Notwithstanding s. 948.01, no court may suspend, defer,
   67  or withhold adjudication of guilt or imposition of sentence for
   68  any violation of this section. A person convicted and sentenced
   69  to a mandatory minimum term of incarceration under paragraph
   70  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
   71  time under s. 944.275 or any form of discretionary early
   72  release, other than pardon or executive clemency or conditional
   73  medical release under s. 947.149, prior to serving the mandatory
   74  minimum sentence.
   75         Section 4. For the purpose of incorporating the amendment
   76  made by this act to section 947.149, Florida Statutes, in a
   77  reference thereto, paragraph (k) of subsection (4) of section
   78  775.084, Florida Statutes, is reenacted to read:
   79         775.084 Violent career criminals; habitual felony offenders
   80  and habitual violent felony offenders; three-time violent felony
   81  offenders; definitions; procedure; enhanced penalties or
   82  mandatory minimum prison terms.—
   83         (4)
   84         (k)1. A defendant sentenced under this section as a
   85  habitual felony offender, a habitual violent felony offender, or
   86  a violent career criminal is eligible for gain-time granted by
   87  the Department of Corrections as provided in s. 944.275(4)(b).
   88         2. For an offense committed on or after October 1, 1995, a
   89  defendant sentenced under this section as a violent career
   90  criminal is not eligible for any form of discretionary early
   91  release, other than pardon or executive clemency, or conditional
   92  medical release granted pursuant to s. 947.149.
   93         3. For an offense committed on or after July 1, 1999, a
   94  defendant sentenced under this section as a three-time violent
   95  felony offender shall be released only by expiration of sentence
   96  and shall not be eligible for parole, control release, or any
   97  form of early release.
   98         Section 5. For the purpose of incorporating the amendment
   99  made by this act to section 947.149, Florida Statutes, in a
  100  reference thereto, paragraph (b) of subsection (2) and paragraph
  101  (b) of subsection (3) of section 775.087, Florida Statutes, are
  102  reenacted to read:
  103         775.087 Possession or use of weapon; aggravated battery;
  104  felony reclassification; minimum sentence.—
  105         (2)
  106         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  107  (a)3. does not prevent a court from imposing a longer sentence
  108  of incarceration as authorized by law in addition to the minimum
  109  mandatory sentence, or from imposing a sentence of death
  110  pursuant to other applicable law. Subparagraph (a)1.,
  111  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  112  court to impose a lesser sentence than otherwise required by
  113  law.
  114  
  115  Notwithstanding s. 948.01, adjudication of guilt or imposition
  116  of sentence shall not be suspended, deferred, or withheld, and
  117  the defendant is not eligible for statutory gain-time under s.
  118  944.275 or any form of discretionary early release, other than
  119  pardon or executive clemency, or conditional medical release
  120  under s. 947.149, prior to serving the minimum sentence.
  121         (3)
  122         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  123  (a)3. does not prevent a court from imposing a longer sentence
  124  of incarceration as authorized by law in addition to the minimum
  125  mandatory sentence, or from imposing a sentence of death
  126  pursuant to other applicable law. Subparagraph (a)1.,
  127  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  128  court to impose a lesser sentence than otherwise required by
  129  law.
  130  
  131  Notwithstanding s. 948.01, adjudication of guilt or imposition
  132  of sentence shall not be suspended, deferred, or withheld, and
  133  the defendant is not eligible for statutory gain-time under s.
  134  944.275 or any form of discretionary early release, other than
  135  pardon or executive clemency, or conditional medical release
  136  under s. 947.149, prior to serving the minimum sentence.
  137         Section 6. For the purpose of incorporating the amendment
  138  made by this act to section 947.149, Florida Statutes, in a
  139  reference thereto, subsection (3) of section 784.07, Florida
  140  Statutes, is reenacted to read:
  141         784.07 Assault or battery of law enforcement officers,
  142  firefighters, emergency medical care providers, public transit
  143  employees or agents, or other specified officers;
  144  reclassification of offenses; minimum sentences.—
  145         (3) Any person who is convicted of a battery under
  146  paragraph (2)(b) and, during the commission of the offense, such
  147  person possessed:
  148         (a) A “firearm” or “destructive device” as those terms are
  149  defined in s. 790.001, shall be sentenced to a minimum term of
  150  imprisonment of 3 years.
  151         (b) A semiautomatic firearm and its high-capacity
  152  detachable box magazine, as defined in s. 775.087(3), or a
  153  machine gun as defined in s. 790.001, shall be sentenced to a
  154  minimum term of imprisonment of 8 years.
  155  
  156  Notwithstanding s. 948.01, adjudication of guilt or imposition
  157  of sentence shall not be suspended, deferred, or withheld, and
  158  the defendant is not eligible for statutory gain-time under s.
  159  944.275 or any form of discretionary early release, other than
  160  pardon or executive clemency, or conditional medical release
  161  under s. 947.149, prior to serving the minimum sentence.
  162         Section 7. For the purpose of incorporating the amendment
  163  made by this act to section 947.149, Florida Statutes, in a
  164  reference thereto, subsection (1) of section 790.235, Florida
  165  Statutes, is reenacted to read:
  166         790.235 Possession of firearm or ammunition by violent
  167  career criminal unlawful; penalty.—
  168         (1) Any person who meets the violent career criminal
  169  criteria under s. 775.084(1)(d), regardless of whether such
  170  person is or has previously been sentenced as a violent career
  171  criminal, who owns or has in his or her care, custody,
  172  possession, or control any firearm, ammunition, or electric
  173  weapon or device, or carries a concealed weapon, including a
  174  tear gas gun or chemical weapon or device, commits a felony of
  175  the first degree, punishable as provided in s. 775.082, s.
  176  775.083, or s. 775.084. A person convicted of a violation of
  177  this section shall be sentenced to a mandatory minimum of 15
  178  years’ imprisonment; however, if the person would be sentenced
  179  to a longer term of imprisonment under s. 775.084(4)(d), the
  180  person must be sentenced under that provision. A person
  181  convicted of a violation of this section is not eligible for any
  182  form of discretionary early release, other than pardon,
  183  executive clemency, or conditional medical release under s.
  184  947.149.
  185         Section 8. For the purpose of incorporating the amendment
  186  made by this act to section 947.149, Florida Statutes, in a
  187  reference thereto, subsection (7) of section 794.0115, Florida
  188  Statutes, is reenacted to read:
  189         794.0115 Dangerous sexual felony offender; mandatory
  190  sentencing.—
  191         (7) A defendant sentenced to a mandatory minimum term of
  192  imprisonment under this section is not eligible for statutory
  193  gain-time under s. 944.275 or any form of discretionary early
  194  release, other than pardon or executive clemency, or conditional
  195  medical release under s. 947.149, before serving the minimum
  196  sentence.
  197         Section 9. For the purpose of incorporating the amendment
  198  made by this act to section 947.149, Florida Statutes, in a
  199  reference thereto, paragraphs (b), (c), and (g) of subsection
  200  (1) and subsection (3) of section 893.135, Florida Statutes, are
  201  reenacted to read:
  202         893.135 Trafficking; mandatory sentences; suspension or
  203  reduction of sentences; conspiracy to engage in trafficking.—
  204         (1) Except as authorized in this chapter or in chapter 499
  205  and notwithstanding the provisions of s. 893.13:
  206         (b)1. Any person who knowingly sells, purchases,
  207  manufactures, delivers, or brings into this state, or who is
  208  knowingly in actual or constructive possession of, 28 grams or
  209  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  210  mixture containing cocaine, but less than 150 kilograms of
  211  cocaine or any such mixture, commits a felony of the first
  212  degree, which felony shall be known as “trafficking in cocaine,”
  213  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  214  If the quantity involved:
  215         a. Is 28 grams or more, but less than 200 grams, such
  216  person shall be sentenced to a mandatory minimum term of
  217  imprisonment of 3 years, and the defendant shall be ordered to
  218  pay a fine of $50,000.
  219         b. Is 200 grams or more, but less than 400 grams, such
  220  person shall be sentenced to a mandatory minimum term of
  221  imprisonment of 7 years, and the defendant shall be ordered to
  222  pay a fine of $100,000.
  223         c. Is 400 grams or more, but less than 150 kilograms, such
  224  person shall be sentenced to a mandatory minimum term of
  225  imprisonment of 15 calendar years and pay a fine of $250,000.
  226         2. Any person who knowingly sells, purchases, manufactures,
  227  delivers, or brings into this state, or who is knowingly in
  228  actual or constructive possession of, 150 kilograms or more of
  229  cocaine, as described in s. 893.03(2)(a)4., commits the first
  230  degree felony of trafficking in cocaine. A person who has been
  231  convicted of the first degree felony of trafficking in cocaine
  232  under this subparagraph shall be punished by life imprisonment
  233  and is ineligible for any form of discretionary early release
  234  except pardon or executive clemency or conditional medical
  235  release under s. 947.149. However, if the court determines that,
  236  in addition to committing any act specified in this paragraph:
  237         a. The person intentionally killed an individual or
  238  counseled, commanded, induced, procured, or caused the
  239  intentional killing of an individual and such killing was the
  240  result; or
  241         b. The person’s conduct in committing that act led to a
  242  natural, though not inevitable, lethal result,
  243  
  244  such person commits the capital felony of trafficking in
  245  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  246  person sentenced for a capital felony under this paragraph shall
  247  also be sentenced to pay the maximum fine provided under
  248  subparagraph 1.
  249         3. Any person who knowingly brings into this state 300
  250  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  251  and who knows that the probable result of such importation would
  252  be the death of any person, commits capital importation of
  253  cocaine, a capital felony punishable as provided in ss. 775.082
  254  and 921.142. Any person sentenced for a capital felony under
  255  this paragraph shall also be sentenced to pay the maximum fine
  256  provided under subparagraph 1.
  257         (c)1. A person who knowingly sells, purchases,
  258  manufactures, delivers, or brings into this state, or who is
  259  knowingly in actual or constructive possession of, 4 grams or
  260  more of any morphine, opium, hydromorphone, or any salt,
  261  derivative, isomer, or salt of an isomer thereof, including
  262  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  263  (3)(c)4., or 4 grams or more of any mixture containing any such
  264  substance, but less than 30 kilograms of such substance or
  265  mixture, commits a felony of the first degree, which felony
  266  shall be known as “trafficking in illegal drugs,” punishable as
  267  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  268  quantity involved:
  269         a. Is 4 grams or more, but less than 14 grams, such person
  270  shall be sentenced to a mandatory minimum term of imprisonment
  271  of 3 years and shall be ordered to pay a fine of $50,000.
  272         b. Is 14 grams or more, but less than 28 grams, such person
  273  shall be sentenced to a mandatory minimum term of imprisonment
  274  of 15 years and shall be ordered to pay a fine of $100,000.
  275         c. Is 28 grams or more, but less than 30 kilograms, such
  276  person shall be sentenced to a mandatory minimum term of
  277  imprisonment of 25 years and shall be ordered to pay a fine of
  278  $500,000.
  279         2. A person who knowingly sells, purchases, manufactures,
  280  delivers, or brings into this state, or who is knowingly in
  281  actual or constructive possession of, 14 grams or more of
  282  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  283  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
  284  grams or more of any mixture containing any such substance,
  285  commits a felony of the first degree, which felony shall be
  286  known as “trafficking in hydrocodone,” punishable as provided in
  287  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  288         a. Is 14 grams or more, but less than 28 grams, such person
  289  shall be sentenced to a mandatory minimum term of imprisonment
  290  of 3 years and shall be ordered to pay a fine of $50,000.
  291         b. Is 28 grams or more, but less than 50 grams, such person
  292  shall be sentenced to a mandatory minimum term of imprisonment
  293  of 7 years and shall be ordered to pay a fine of $100,000.
  294         c. Is 50 grams or more, but less than 200 grams, such
  295  person shall be sentenced to a mandatory minimum term of
  296  imprisonment of 15 years and shall be ordered to pay a fine of
  297  $500,000.
  298         d. Is 200 grams or more, but less than 30 kilograms, such
  299  person shall be sentenced to a mandatory minimum term of
  300  imprisonment of 25 years and shall be ordered to pay a fine of
  301  $750,000.
  302         3. A person who knowingly sells, purchases, manufactures,
  303  delivers, or brings into this state, or who is knowingly in
  304  actual or constructive possession of, 7 grams or more of
  305  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  306  thereof, or 7 grams or more of any mixture containing any such
  307  substance, commits a felony of the first degree, which felony
  308  shall be known as “trafficking in oxycodone,” punishable as
  309  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  310  quantity involved:
  311         a. Is 7 grams or more, but less than 14 grams, such person
  312  shall be sentenced to a mandatory minimum term of imprisonment
  313  of 3 years and shall be ordered to pay a fine of $50,000.
  314         b. Is 14 grams or more, but less than 25 grams, such person
  315  shall be sentenced to a mandatory minimum term of imprisonment
  316  of 7 years and shall be ordered to pay a fine of $100,000.
  317         c. Is 25 grams or more, but less than 100 grams, such
  318  person shall be sentenced to a mandatory minimum term of
  319  imprisonment of 15 years and shall be ordered to pay a fine of
  320  $500,000.
  321         d. Is 100 grams or more, but less than 30 kilograms, such
  322  person shall be sentenced to a mandatory minimum term of
  323  imprisonment of 25 years and shall be ordered to pay a fine of
  324  $750,000.
  325         4.a. A person who knowingly sells, purchases, manufactures,
  326  delivers, or brings into this state, or who is knowingly in
  327  actual or constructive possession of, 4 grams or more of:
  328         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  329         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  330         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  331         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  332         (V) A fentanyl derivative, as described in s.
  333  893.03(1)(a)62.;
  334         (VI) A controlled substance analog, as described in s.
  335  893.0356, of any substance described in sub-sub-subparagraphs
  336  (I)-(V); or
  337         (VII) A mixture containing any substance described in sub
  338  sub-subparagraphs (I)-(VI),
  339  
  340  commits a felony of the first degree, which felony shall be
  341  known as “trafficking in fentanyl,” punishable as provided in s.
  342  775.082, s. 775.083, or s. 775.084.
  343         b. If the quantity involved under sub-subparagraph a.:
  344         (I) Is 4 grams or more, but less than 14 grams, such person
  345  shall be sentenced to a mandatory minimum term of imprisonment
  346  of 3 years, and shall be ordered to pay a fine of $50,000.
  347         (II) Is 14 grams or more, but less than 28 grams, such
  348  person shall be sentenced to a mandatory minimum term of
  349  imprisonment of 15 years, and shall be ordered to pay a fine of
  350  $100,000.
  351         (III) Is 28 grams or more, such person shall be sentenced
  352  to a mandatory minimum term of imprisonment of 25 years, and
  353  shall be ordered to pay a fine of $500,000.
  354         5. A person who knowingly sells, purchases, manufactures,
  355  delivers, or brings into this state, or who is knowingly in
  356  actual or constructive possession of, 30 kilograms or more of
  357  any morphine, opium, oxycodone, hydrocodone, codeine,
  358  hydromorphone, or any salt, derivative, isomer, or salt of an
  359  isomer thereof, including heroin, as described in s.
  360  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  361  more of any mixture containing any such substance, commits the
  362  first degree felony of trafficking in illegal drugs. A person
  363  who has been convicted of the first degree felony of trafficking
  364  in illegal drugs under this subparagraph shall be punished by
  365  life imprisonment and is ineligible for any form of
  366  discretionary early release except pardon or executive clemency
  367  or conditional medical release under s. 947.149. However, if the
  368  court determines that, in addition to committing any act
  369  specified in this paragraph:
  370         a. The person intentionally killed an individual or
  371  counseled, commanded, induced, procured, or caused the
  372  intentional killing of an individual and such killing was the
  373  result; or
  374         b. The person’s conduct in committing that act led to a
  375  natural, though not inevitable, lethal result,
  376  
  377  such person commits the capital felony of trafficking in illegal
  378  drugs, punishable as provided in ss. 775.082 and 921.142. A
  379  person sentenced for a capital felony under this paragraph shall
  380  also be sentenced to pay the maximum fine provided under
  381  subparagraph 1.
  382         6. A person who knowingly brings into this state 60
  383  kilograms or more of any morphine, opium, oxycodone,
  384  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  385  isomer, or salt of an isomer thereof, including heroin, as
  386  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  387  60 kilograms or more of any mixture containing any such
  388  substance, and who knows that the probable result of such
  389  importation would be the death of a person, commits capital
  390  importation of illegal drugs, a capital felony punishable as
  391  provided in ss. 775.082 and 921.142. A person sentenced for a
  392  capital felony under this paragraph shall also be sentenced to
  393  pay the maximum fine provided under subparagraph 1.
  394         (g)1. Any person who knowingly sells, purchases,
  395  manufactures, delivers, or brings into this state, or who is
  396  knowingly in actual or constructive possession of, 4 grams or
  397  more of flunitrazepam or any mixture containing flunitrazepam as
  398  described in s. 893.03(1)(a) commits a felony of the first
  399  degree, which felony shall be known as “trafficking in
  400  flunitrazepam,” punishable as provided in s. 775.082, s.
  401  775.083, or s. 775.084. If the quantity involved:
  402         a. Is 4 grams or more but less than 14 grams, such person
  403  shall be sentenced to a mandatory minimum term of imprisonment
  404  of 3 years, and the defendant shall be ordered to pay a fine of
  405  $50,000.
  406         b. Is 14 grams or more but less than 28 grams, such person
  407  shall be sentenced to a mandatory minimum term of imprisonment
  408  of 7 years, and the defendant shall be ordered to pay a fine of
  409  $100,000.
  410         c. Is 28 grams or more but less than 30 kilograms, such
  411  person shall be sentenced to a mandatory minimum term of
  412  imprisonment of 25 calendar years and pay a fine of $500,000.
  413         2. Any person who knowingly sells, purchases, manufactures,
  414  delivers, or brings into this state or who is knowingly in
  415  actual or constructive possession of 30 kilograms or more of
  416  flunitrazepam or any mixture containing flunitrazepam as
  417  described in s. 893.03(1)(a) commits the first degree felony of
  418  trafficking in flunitrazepam. A person who has been convicted of
  419  the first degree felony of trafficking in flunitrazepam under
  420  this subparagraph shall be punished by life imprisonment and is
  421  ineligible for any form of discretionary early release except
  422  pardon or executive clemency or conditional medical release
  423  under s. 947.149. However, if the court determines that, in
  424  addition to committing any act specified in this paragraph:
  425         a. The person intentionally killed an individual or
  426  counseled, commanded, induced, procured, or caused the
  427  intentional killing of an individual and such killing was the
  428  result; or
  429         b. The person’s conduct in committing that act led to a
  430  natural, though not inevitable, lethal result,
  431  
  432  such person commits the capital felony of trafficking in
  433  flunitrazepam, punishable as provided in ss. 775.082 and
  434  921.142. Any person sentenced for a capital felony under this
  435  paragraph shall also be sentenced to pay the maximum fine
  436  provided under subparagraph 1.
  437         (3) Notwithstanding the provisions of s. 948.01, with
  438  respect to any person who is found to have violated this
  439  section, adjudication of guilt or imposition of sentence shall
  440  not be suspended, deferred, or withheld, nor shall such person
  441  be eligible for parole prior to serving the mandatory minimum
  442  term of imprisonment prescribed by this section. A person
  443  sentenced to a mandatory minimum term of imprisonment under this
  444  section is not eligible for any form of discretionary early
  445  release, except pardon or executive clemency or conditional
  446  medical release under s. 947.149, prior to serving the mandatory
  447  minimum term of imprisonment.
  448         Section 10. For the purpose of incorporating the amendment
  449  made by this act to section 947.149, Florida Statutes, in a
  450  reference thereto, subsection (2) of section 921.0024, Florida
  451  Statutes, is reenacted to read:
  452         921.0024 Criminal Punishment Code; worksheet computations;
  453  scoresheets.—
  454         (2) The lowest permissible sentence is the minimum sentence
  455  that may be imposed by the trial court, absent a valid reason
  456  for departure. The lowest permissible sentence is any nonstate
  457  prison sanction in which the total sentence points equals or is
  458  less than 44 points, unless the court determines within its
  459  discretion that a prison sentence, which may be up to the
  460  statutory maximums for the offenses committed, is appropriate.
  461  When the total sentence points exceeds 44 points, the lowest
  462  permissible sentence in prison months shall be calculated by
  463  subtracting 28 points from the total sentence points and
  464  decreasing the remaining total by 25 percent. The total sentence
  465  points shall be calculated only as a means of determining the
  466  lowest permissible sentence. The permissible range for
  467  sentencing shall be the lowest permissible sentence up to and
  468  including the statutory maximum, as defined in s. 775.082, for
  469  the primary offense and any additional offenses before the court
  470  for sentencing. The sentencing court may impose such sentences
  471  concurrently or consecutively. However, any sentence to state
  472  prison must exceed 1 year. If the lowest permissible sentence
  473  under the code exceeds the statutory maximum sentence as
  474  provided in s. 775.082, the sentence required by the code must
  475  be imposed. If the total sentence points are greater than or
  476  equal to 363, the court may sentence the offender to life
  477  imprisonment. An offender sentenced to life imprisonment under
  478  this section is not eligible for any form of discretionary early
  479  release, except executive clemency or conditional medical
  480  release under s. 947.149.
  481         Section 11. For the purpose of incorporating the amendment
  482  made by this act to section 947.149, Florida Statutes, in a
  483  reference thereto, paragraph (b) of subsection (7) of section
  484  944.605, Florida Statutes, is reenacted to read:
  485         944.605 Inmate release; notification; identification card.—
  486         (7)
  487         (b) Paragraph (a) does not apply to inmates who:
  488         1. The department determines have a valid driver license or
  489  state identification card, except that the department shall
  490  provide these inmates with a replacement state identification
  491  card or replacement driver license, if necessary.
  492         2. Have an active detainer, unless the department
  493  determines that cancellation of the detainer is likely or that
  494  the incarceration for which the detainer was issued will be less
  495  than 12 months in duration.
  496         3. Are released due to an emergency release or a
  497  conditional medical release under s. 947.149.
  498         4. Are not in the physical custody of the department at or
  499  within 180 days before release.
  500         5. Are subject to sex offender residency restrictions, and
  501  who, upon release under such restrictions, do not have a
  502  qualifying address.
  503         Section 12. For the purpose of incorporating the amendment
  504  made by this act to section 947.149, Florida Statutes, in a
  505  reference thereto, paragraph (b) of subsection (1) of section
  506  944.70, Florida Statutes, is reenacted to read:
  507         944.70 Conditions for release from incarceration.—
  508         (1)
  509         (b) A person who is convicted of a crime committed on or
  510  after January 1, 1994, may be released from incarceration only:
  511         1. Upon expiration of the person’s sentence;
  512         2. Upon expiration of the person’s sentence as reduced by
  513  accumulated meritorious or incentive gain-time;
  514         3. As directed by an executive order granting clemency;
  515         4. Upon placement in a conditional release program pursuant
  516  to s. 947.1405 or a conditional medical release program pursuant
  517  to s. 947.149; or
  518         5. Upon the granting of control release, including
  519  emergency control release, pursuant to s. 947.146.
  520         Section 13. For the purpose of incorporating the amendment
  521  made by this act to section 947.149, Florida Statutes, in a
  522  reference thereto, paragraph (h) of subsection (1) of section
  523  947.13, Florida Statutes, is reenacted to read:
  524         947.13 Powers and duties of commission.—
  525         (1) The commission shall have the powers and perform the
  526  duties of:
  527         (h) Determining what persons will be released on
  528  conditional medical release under s. 947.149, establishing the
  529  conditions of conditional medical release, and determining
  530  whether a person has violated the conditions of conditional
  531  medical release and taking action with respect to such a
  532  violation.
  533         Section 14. For the purpose of incorporating the amendment
  534  made by this act to section 947.149, Florida Statutes, in a
  535  reference thereto, subsections (1), (2), and (7) of section
  536  947.141, Florida Statutes, are reenacted to read:
  537         947.141 Violations of conditional release, control release,
  538  or conditional medical release or addiction-recovery
  539  supervision.—
  540         (1) If a member of the commission or a duly authorized
  541  representative of the commission has reasonable grounds to
  542  believe that an offender who is on release supervision under s.
  543  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  544  the terms and conditions of the release in a material respect,
  545  such member or representative may cause a warrant to be issued
  546  for the arrest of the releasee; if the offender was found to be
  547  a sexual predator, the warrant must be issued.
  548         (2) Upon the arrest on a felony charge of an offender who
  549  is on release supervision under s. 947.1405, s. 947.146, s.
  550  947.149, or s. 944.4731, the offender must be detained without
  551  bond until the initial appearance of the offender at which a
  552  judicial determination of probable cause is made. If the trial
  553  court judge determines that there was no probable cause for the
  554  arrest, the offender may be released. If the trial court judge
  555  determines that there was probable cause for the arrest, such
  556  determination also constitutes reasonable grounds to believe
  557  that the offender violated the conditions of the release. Within
  558  24 hours after the trial court judge’s finding of probable
  559  cause, the detention facility administrator or designee shall
  560  notify the commission and the department of the finding and
  561  transmit to each a facsimile copy of the probable cause
  562  affidavit or the sworn offense report upon which the trial court
  563  judge’s probable cause determination is based. The offender must
  564  continue to be detained without bond for a period not exceeding
  565  72 hours excluding weekends and holidays after the date of the
  566  probable cause determination, pending a decision by the
  567  commission whether to issue a warrant charging the offender with
  568  violation of the conditions of release. Upon the issuance of the
  569  commission’s warrant, the offender must continue to be held in
  570  custody pending a revocation hearing held in accordance with
  571  this section.
  572         (7) If a law enforcement officer has probable cause to
  573  believe that an offender who is on release supervision under s.
  574  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  575  the terms and conditions of his or her release by committing a
  576  felony offense, the officer shall arrest the offender without a
  577  warrant, and a warrant need not be issued in the case.
  578         Section 15. This act shall take effect October 1, 2019.

feedback