Bill Text: FL S1604 | 2017 | Regular Session | Comm Sub
Bill Title: Department of Corrections
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2017-04-27 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1201 (Ch. 2017-31), HB 1203 (Ch. 2017-114) [S1604 Detail]
Download: Florida-2017-S1604-Comm_Sub.html
Florida Senate - 2017 CS for CS for SB 1604 By the Committees on Governmental Oversight and Accountability; and Criminal Justice; and Senator Bracy 585-03377-17 20171604c2 1 A bill to be entitled 2 An act relating to the Department of Corrections; 3 amending s. 943.04, F.S.; authorizing the Department 4 of Law Enforcement to issue an investigative demand 5 seeking the production of an inmate’s protected health 6 information, medical records, or mental health records 7 under certain circumstances; specifying requirements 8 for the investigative demand; amending s. 944.151, 9 F.S.; revising legislative intent; revising membership 10 requirements for the safety and security review 11 committee appointed by the Department of Corrections; 12 specifying the duties of the committee; requiring the 13 department to direct appropriate staff to complete 14 specified duties of the department; revising 15 scheduling requirements for inspections of state and 16 private correctional institutions and facilities; 17 revising the list of institutions that must be given 18 priority for inspection; revising the list of 19 institutions that must be given priority for certain 20 security audits; revising minimum audit and evaluation 21 requirements; requiring the department to direct 22 appropriate staff to review staffing policies and 23 practices as needed; conforming provisions to changes 24 made by the act; amending s. 944.17, F.S.; authorizing 25 the department to receive specified documents 26 electronically at its discretion; amending s. 944.275, 27 F.S.; revising the conditions on which an inmate may 28 be granted a one-time award of 60 additional days of 29 incentive gain-time by the department; clarifying when 30 gain-time can be earned; amending s. 944.597, F.S.; 31 revising provisions relating to training of a 32 transport company’s employees before transporting 33 prisoners; amending s. 945.36, F.S.; exempting 34 employees of a contracted community correctional 35 center from certain health testing regulations for the 36 limited purpose of administering urine screen drug 37 tests on inmates and releasees; amending s. 958.11, 38 F.S.; deleting a provision authorizing the department 39 to assign 18-year-old youthful offenders to the 19-24 40 age group facility under certain circumstances; 41 deleting a condition that all female youth offenders 42 are allowed to continue to be housed together only 43 until certain institutions are established or adapted 44 for separation by age and custody classifications; 45 authorizing inmates who are 17 years of age or under 46 to be placed at an adult facility for specified 47 purposes, subject to certain conditions; authorizing 48 the department to retain certain youthful offenders 49 until 25 years of age in a facility designated for 18- 50 to 22-year-old youth offenders under certain 51 circumstances; conforming provisions to changes made 52 by the act; amending s. 921.002, F.S.; conforming a 53 cross-reference; amending s. 947.149, F.S.; defining 54 the term “inmate with a debilitating illness”; 55 expanding eligibility for conditional medical release 56 to include inmates with debilitating illnesses; 57 providing criteria for eligibility; requiring the 58 department to refer an eligible inmate for release; 59 requiring the Commission on Offender Review to verify 60 the referral; requiring that the department‘s referral 61 for release include certain documents; providing an 62 effective date. 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1. Subsection (6) is added to section 943.04, 67 Florida Statutes, to read: 68 943.04 Criminal Justice Investigations and Forensic Science 69 Program; creation; investigative, forensic, and related 70 authority.— 71 (6)(a) In furtherance of the duties and responsibilities of 72 the inspector general under s. 944.31, if the Department of Law 73 Enforcement is conducting an investigation or assisting in the 74 investigation of an injury to or death of an inmate which occurs 75 while the inmate is under the custody or control of the 76 Department of Corrections, the department is authorized to, 77 before the initiation of a criminal proceeding relating to such 78 injury or death, issue in writing and serve upon the Department 79 of Corrections an investigative demand seeking the production of 80 the inmate’s protected health information, medical records, or 81 mental health records as specified in s. 945.10(1)(a). The 82 department shall use such records for the limited purpose of 83 investigating or assisting in an investigation of an injury to 84 or death of an inmate for which the records were requested. Any 85 records disclosed pursuant to this subsection remain 86 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 87 of the State Constitution in accordance with s. 945.10(2). 88 (b) The investigative demand must be specific and limited 89 in scope to the extent reasonably practicable in light of the 90 purpose for which the protected health information or records 91 are sought and must include a certification that: 92 1. The protected health information or records sought are 93 relevant and material to a legitimate law enforcement inquiry; 94 2. There is a clear connection between the investigated 95 incident and the inmate whose protected health information and 96 records are sought; and 97 3. De-identified information could not reasonably be used. 98 Section 2. Section 944.151, Florida Statutes, is amended to 99 read: 100 944.151 Safe operation and security of correctional 101 institutions and facilities.—It is the intent of the Legislature 102 that the Department of Corrections shall be responsible for the 103 safe operation and security of the correctional institutions and 104 facilities. The safe operation and security of the state’s 105 correctional institutions and facilities areiscritical to 106 ensure public safety and the safety of department employees and 107 offenders, and to contain violent and chronic offenders until 108 offenders are otherwise released from the department’s custody 109 pursuant to law. The Secretary of Corrections shall, at a 110 minimum: 111 (1) Appoint appropriate department staff to a safety and 112 security review committee thatwhichshall evaluate new safety 113 and security technology, review and discuss current issues 114 impacting state and private correctional institutions and 115 facilities, and review and discuss other issues as requested by 116 department management., at a minimum, be composed of: the117inspector general, the statewide security coordinator, the118regional security coordinators, and three wardens and one119correctional officer. The security review committee shall:120 (2)(a)Direct appropriate department staff to establish a 121 periodic schedule for the physical inspection of buildings and 122 structures of each state and private correctional institution 123 and facility to determine safety and security deficiencies. In 124 scheduling the inspections, priority shall be given to older 125 institutions and facilities;,institutions and facilities that 126 house a large proportion of violent offenders; institutions and 127 facilities that have experienced a significant number of 128 inappropriate incidents of use of force on inmates, assaults on 129 employees, or inmate sexual abuse;,and institutions and 130 facilities that have experienced a significant number of escapes 131 or escape attempts in the past. 132 (3)(b)Direct appropriate department staff to conduct or 133 cause to be conducted announced and unannounced comprehensive 134 security audits of all state and private correctional 135 institutions and facilities. Priority shall be given to those 136 institutions and facilities that have experienced a significant 137 number of inappropriate incidents of use of force on inmates, 138 assaults on employees, or sexual abuseIn conducting the139security audits, priority shall be given to older institutions,140institutions that house a large proportion of violent offenders,141and institutions that have experienced a history of escapes or142escape attempts. At a minimum, the audit mustshallinclude an 143 evaluation of the physical plant, landscaping, fencing, security 144 alarms and perimeter lighting, and confinement, arsenal, key and 145 lock, and entrance and exitinmate classification and staffing146 policies. The evaluation of the physical plant policies must 147 include the identification of blind spots or areas where staff 148 or inmates may be isolated and the deployment of video 149 monitoring systems and other appropriate monitoring technologies 150 in such spots or areas. Each correctional institution and 151 facility shall be audited at least annually. The secretary shall 152 annually report the auditgeneral surveyfindingsannuallyto 153 the Governor and the Legislature. 154(c) Adopt and enforce minimum security standards and155policies that include, but are not limited to:1561. Random monitoring of outgoing telephone calls by157inmates.1582. Maintenance of current photographs of all inmates.1593. Daily inmate counts at varied intervals.1604. Use of canine units, where appropriate.1615. Use of escape alarms and perimeter lighting.1626. Florida Crime Information Center/National Crime163Information Center capabilities.1647. Employment background investigations.165(d) Annually make written prioritized budget166recommendations to the secretary that identify critical security167deficiencies at major correctional institutions.168 (4)(e)Direct appropriate department staff to investigate 169 and evaluate the usefulness and dependability of existing safety 170 and security technology at state and private correctionalthe171 institutions and facilities, investigate and evaluate new 172 available safety and security technology,availableand make 173 periodic written recommendations to the secretary on the 174 discontinuation or purchase of various safety and security 175 devices. 176 (5)(f)Direct appropriate department staff to contract, if 177 deemed necessary, with security personnel, consulting engineers, 178 architects, or other safety and security experts the department 179committeedeems necessary for safety and securityaudits and180securityconsultant services. 181 (6)(g)Direct appropriate department staff, in conjunction 182 with the regional offices, to establish a periodic schedule for 183 conducting announced and unannounced escape simulation drills. 184 (7)(2)Direct appropriate department staff to maintain and 185 produce quarterly reports with accurate escape statistics. For 186 the purposes of these reports, the term “escape” includes all 187 possible types of escape, regardless of prosecution by the state 188 attorney, and includesincludingoffenders who walk away from 189 nonsecure community facilities. 190 (8)(3)Direct appropriate department staff to adopt, 191 enforce, and annually evaluate the emergency escape response 192 procedures, which mustshallat a minimum include the immediate 193 notification and inclusion of local and state law enforcement 194 through a mutual aid agreement. 195 (9) Direct appropriate department staff to review staffing 196 policies and practices as needed. 197 (10) Direct appropriate department staff to adopt and 198 enforce minimum safety and security standards and policies that 199 include, but are not limited to: 200 (a) Random monitoring of outgoing telephone calls by 201 inmates. 202 (b) Maintenance of current photographs of all inmates. 203 (c) Daily inmate counts at varied intervals. 204 (d) Use of canine units, where appropriate. 205 (e) Use of escape alarms and perimeter lighting. 206 (f) Use of the Florida Crime Information Center and 207 National Crime Information Center capabilities. 208 (g) Employment background investigations. 209 (11)(4)Direct appropriate department staff to submit in 210 the annual legislative budget request a prioritized summary of 211 critical safety and security deficiencies and repair and 212 renovation security needs. 213 Section 3. Subsection (5) of section 944.17, Florida 214 Statutes, is amended to read: 215 944.17 Commitments and classification; transfers.— 216 (5) The department shall also refuse to accept a person 217 into the state correctional system unless the following 218 documents are presented in a completed form by the sheriff or 219 chief correctional officer, or a designated representative, to 220 the officer in charge of the reception process. The department 221 may, at its discretion, receive such documents electronically: 222 (a) The uniform commitment and judgment and sentence forms 223 as described in subsection (4). 224 (b) The sheriff’s certificate as described in s. 921.161. 225 (c) A certified copy of the indictment or information 226 relating to the offense for which the person was convicted. 227 (d) A copy of the probable cause affidavit for each offense 228 identified in the current indictment or information. 229 (e) A copy of the Criminal Punishment Code scoresheet and 230 any attachments thereto prepared pursuant to Rule 3.701, Rule 231 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or 232 any other rule pertaining to the preparation of felony 233 sentencing scoresheets. 234 (f) A copy of the restitution order or the reasons by the 235 court for not requiring restitution pursuant to s. 775.089(1). 236 (g) The name and address of any victim, if available. 237 (h) A printout of a current criminal history record as 238 provided through an FCIC/NCIC printer. 239 (i) Any available health assessments including medical, 240 mental health, and dental, including laboratory or test 241 findings; custody classification; disciplinary and adjustment; 242 and substance abuse assessment and treatment information which 243 may have been developed during the period of incarceration 244 beforeprior tothe transfer of the person to the department’s 245 custody. Available information shall be transmitted on standard 246 forms developed by the department. 247 248 In addition, the sheriff or other officer having such person in 249 charge shall also deliver with the foregoing documents any 250 available presentence investigation reports as described in s. 251 921.231 and any attached documents. After a prisoner is admitted 252 into the state correctional system, the department may request 253 such additional records relating to the prisoner as it considers 254 necessary from the clerk of the court, the Department of 255 Children and Families, or any other state or county agency for 256 the purpose of determining the prisoner’s proper custody 257 classification, gain-time eligibility, or eligibility for early 258 release programs. An agency that receives such a request from 259 the department must provide the information requested. The 260 department may, at its discretion, receive such information 261 electronically. 262 Section 4. Paragraphs (b) and (d) of subsection (4) of 263 section 944.275, Florida Statutes, are amended, and paragraph 264 (f) is added to that subsection, to read: 265 944.275 Gain-time.— 266 (4) 267 (b) For each month in which an inmate works diligently, 268 participates in training, uses time constructively, or otherwise 269 engages in positive activities, the department may grant 270 incentive gain-time in accordance with this paragraph. The rate 271 of incentive gain-time in effect on the date the inmate 272 committed the offense which resulted in his or her incarceration 273 shall be the inmate’s rate of eligibility to earn incentive 274 gain-time throughout the period of incarceration and shall not 275 be altered by a subsequent change in the severity level of the 276 offense for which the inmate was sentenced. 277 1. For sentences imposed for offenses committed prior to 278 January 1, 1994, up to 20 days of incentive gain-time may be 279 granted. If granted, such gain-time shall be credited and 280 applied monthly. 281 2. For sentences imposed for offenses committed on or after 282 January 1, 1994, and before October 1, 1995: 283 a. For offenses ranked in offense severity levels 1 through 284 7, under former s. 921.0012 or former s. 921.0013, up to 25 days 285 of incentive gain-time may be granted. If granted, such gain 286 time shall be credited and applied monthly. 287 b. For offenses ranked in offense severity levels 8, 9, and 288 10, under former s. 921.0012 or former s. 921.0013, up to 20 289 days of incentive gain-time may be granted. If granted, such 290 gain-time shall be credited and applied monthly. 291 3. For sentences imposed for offenses committed on or after 292 October 1, 1995, the department may grant up to 10 days per 293 month of incentive gain-time, except that no prisoner is294eligible to earn any type of gain-time in an amount that would295cause a sentence to expire, end, or terminate, or that would296result in a prisoner’s release, prior to serving a minimum of 85297percent of the sentence imposed.For purposes of this298subparagraph, credits awarded by the court for time physically299incarcerated shall be credited toward satisfaction of 85 percent300of the sentence imposed. Except as provided by this section, a301prisoner shall not accumulate further gain-time awards at any302point when the tentative release date is the same as that date303at which the prisoner will have served 85 percent of the304sentence imposed. State prisoners sentenced to life imprisonment305shall be incarcerated for the rest of their natural lives,306unless granted pardon or clemency.307 (d) Notwithstanding the monthly maximum awards of incentive 308 gain-time under subparagraphs (b)1.,and2., and 3., the 309 education program manager shall recommend, and the Department of 310 Corrections may grant, a one-time award of 60 additional days of 311 incentive gain-time to an inmate who is otherwise eligible and 312 who successfully completes requirements for and is, or has been 313 during the current commitment, awarded a high school equivalency 314 diploma or vocational certificate. Under no circumstances may an 315 inmate receive more than 60 days for educational attainment 316 pursuant to this section. 317 (f) An inmate who is subject to subparagraph (b)3. is not 318 eligible to earn or receive gain-time under paragraph (a), 319 paragraph (b), paragraph (c), or paragraph (d) or any other type 320 of gain-time in an amount that would cause a sentence to expire, 321 end, or terminate, or that would result in a prisoner’s release, 322 before serving a minimum of 85 percent of the sentence imposed. 323 For purposes of this paragraph, credits awarded by the court for 324 time physically incarcerated shall be credited toward 325 satisfaction of 85 percent of the sentence imposed. Except as 326 provided by this section, a prisoner may not accumulate further 327 gain-time awards at any point when the tentative release date is 328 the same as that date at which the prisoner will have served 85 329 percent of the sentence imposed. State prisoners sentenced to 330 life imprisonment shall be incarcerated for the rest of their 331 natural lives, unless granted a pardon or clemency. 332 Section 5. Subsection (2) of section 944.597, Florida 333 Statutes, is amended to read: 334 944.597 Transportation and return of prisoners by private 335 transport company.— 336 (2) The department shall include, but isshallnotbe337 limited to, the following requirements in any contract with any 338 transport company: 339 (a) That the transport company shall maintain adequate 340 liability coverage with respect to the transportation of 341 prisoners.;342 (b) That the transport company shall require its employees 343 to complete at least 100 hours of training before transporting 344 prisoners. The curriculum for such training must be approved by 345 the department and include instruction in: 346 1. Use of restraints; 347 2. Searches of prisoners; 348 3. Use of force, including use of appropriate weapons and 349 firearms; 350 4. Cardiopulmonary resuscitation; 351 5. Map reading; and 352 6. Defensive driving.personnel employed with the transport353company who are based in the state shall meet the minimum354standards in accordance with s. 943.13 and that personnel355employed with the transport company based outside of Florida356shall meet the minimum standards for a correctional officer or357law enforcement officer in the state where the employee is358based;359 (c) That the transport company shall adhere to standards 360 which provide for humane treatment of prisoners while in the 361 custody of the transport company.;362 (d) That the transport company shall submit reports to the 363 department regarding incidents of escape, use of force, and 364 accidents involving prisoners in the custody of the transport 365 company. 366 Section 6. Section 945.36, Florida Statutes, is amended to 367 read: 368 945.36 Exemption from health testing regulations for law 369 enforcement personnel conducting drug tests on inmates and 370 releasees.— 371 (1) Any law enforcement officer, state or county probation 372 officer,oremployee of the Department of Corrections, or 373 employee of a contracted community correctional center who is 374 certified by the Department of Corrections pursuant to 375 subsection (2), is exempt from part I of chapter 483, for the 376 limited purpose of administering a urine screen drug test to: 377 (a) Persons during incarceration; 378 (b) Persons released as a condition of probation for either 379 a felony or misdemeanor; 380 (c) Persons released as a condition of community control; 381 (d) Persons released as a condition of conditional release; 382 (e) Persons released as a condition of parole; 383 (f) Persons released as a condition of provisional release; 384 (g) Persons released as a condition of pretrial release; or 385 (h) Persons released as a condition of control release. 386 (2) The Department of Corrections shall develop a procedure 387 for certification of any law enforcement officer, state or 388 county probation officer,oremployee of the Department of 389 Corrections, or employee of a contracted community correctional 390 center to perform a urine screen drug test on the persons 391 specified in subsection (1). 392 Section 7. Section 958.11, Florida Statutes, is amended to 393 read: 394 958.11 Designation of institutions and programs for 395 youthful offenders; assignment from youthful offender 396 institutions and programs.— 397 (1) The department shall by rule designate separate 398 institutions and programs for youthful offenders and shall 399 employ and utilize personnel specially qualified by training and 400 experience to operate all such institutions and programs for 401 youthful offenders. Youthful offenders who are at least 14 years 402 of age but who have not yet reached the age of 1819years at 403 the time of reception shall be separated fromyouthfuloffenders 404 who are 1819years of age or older, except that if the405population of the facilities designated for 14-year-old to 18406year-old youthful offenders exceeds 100 percent of lawful407capacity, the department may assign 18-year-old youthful408offenders to the 19-24 age group facility. 409 (2) Youthful offender institutions and programs shall 410 contain only those youthful offenders sentenced as such by a 411 court or classified as such by the department, pursuant to the 412 requirements of subsections (7)(4)and (9)(6), except that 413 under special circumstances select adult offenders may be 414 assigned to youthful offender institutions. All female youthful 415 offendersof all agesmay continue to be housed together at 416 those institutions designated by department ruleuntilsuch time417as institutions for female youthful offenders are established or418adapted to allow for separation by age and to accommodate all419custody classifications. 420 (3) The department may assign a youthful offender who is 18 421 years of age or older to a facility in the state correctional 422 system which is not designated for the care, custody, control, 423 and supervision of youthful offenders or an age group only in 424 the following circumstances: 425 (a) If the youthful offender is convicted of a new crime 426 thatwhichis a felony under the laws of this state. 427 (b) If the youthful offender becomes such a serious 428 management or disciplinary problem resulting from serious 429 violations of the rules of the department that his or her 430 original assignment would be detrimental to the interests of the 431 program and to other inmates committed thereto. 432 (c) If the youthful offender needs medical treatment, 433 health services, or other specialized treatment otherwise not 434 available at the youthful offender facility. 435 (d) If the department determines that the youthful offender 436 should be transferred outside of the state correctional system, 437 as provided by law, for services not provided by the department. 438 (e) If bed space is not available in a designated community 439 residential facility, the department may assign a youthful 440 offender to a community residential facility, provided that the 441 youthful offender is separated from other offenders insofar as 442 is practical. 443 (4) The department may assign a youthful offender whose age 444 does not exceed 17 years to an adult facility for medical or 445 mental health reasons, for protective management, or for close 446 management. The youthful offender shall be separated from 447 offenders who are 18 years of age or older. 448 (5)(f)If the youthful offender was originally assigned to 449 a facility designated for 14- to 17-year-old14-year-old to18450year-oldyouthful offenders, but subsequently reaches the age of 451 1819years, the department may retain the youthful offender in 452 athefacility designated for 18- to 22-year-old youthful 453 offenders if the department determines that it is in the best 454 interest of the youthful offender and the department. 455 (6) If the youthful offender was originally assigned to a 456 facility designated for 18- to 22-year-old youthful offenders, 457 but subsequently reaches the age of 23 years, the department may 458 retain the offender in the facility until the age of 25 if the 459 department determines that it is in the best interest of the 460 youthful offender and the department. 461(g) If the department determines that a youthful offender462originally assigned to a facility designated for the 19-24 age463group is mentally or physically vulnerable by such placement,464the department may reassign a youthful offender to a facility465designated for the 14-18 age group if the department determines466that a reassignment is necessary to protect the safety of the467youthful offender or the institution.468(h) If the department determines that a youthful offender469originally assigned to a facility designated for the 14-18 age470group is disruptive, incorrigible, or uncontrollable, the471department may reassign a youthful offender to a facility472designated for the 19-24 age group if the department determines473that a reassignment would best serve the interests of the474youthful offender and the department.475 (7)(4)The department shall continuously screen all 476 institutions, facilities, and programs for any inmate who meets 477 the eligibility requirements for youthful offender designation 478 specified in s. 958.04(1)(a) and (c) whose age does not exceed 479 24 years and whose total length of sentence does not exceed 10 480 years, and the department may classify and assign as a youthful 481 offender any inmate who meets the criteria of this subsection. 482 (8)(5)The department shall coordinate all youthful 483 offender assignments or transfers and shall review and maintain 484 access to full and complete documentation and substantiation of 485 all such assignments or transfers of youthful offenders to or 486 from facilities in the state correctional system which are not 487 designated for their care, custody, and control, except 488 assignments or transfers made pursuant to paragraph (3)(c). 489 (9)(6)The department may assign to a youthful offender 490 facility any inmate, except a capital or life felon, whose age 491 does not exceed 19 years but who does not otherwise meet the 492 criteria of this section, if the department determines that such 493 inmate’s mental or physical vulnerability would substantially or 494 materially jeopardize his or her safety in a nonyouthful 495 offender facility. Assignments made under this subsection shall 496 be included in the department’s annual report. 497 Section 8. Paragraph (e) of subsection (1) of section 498 921.002, Florida Statutes, is amended to read: 499 921.002 The Criminal Punishment Code.—The Criminal 500 Punishment Code shall apply to all felony offenses, except 501 capital felonies, committed on or after October 1, 1998. 502 (1) The provision of criminal penalties and of limitations 503 upon the application of such penalties is a matter of 504 predominantly substantive law and, as such, is a matter properly 505 addressed by the Legislature. The Legislature, in the exercise 506 of its authority and responsibility to establish sentencing 507 criteria, to provide for the imposition of criminal penalties, 508 and to make the best use of state prisons so that violent 509 criminal offenders are appropriately incarcerated, has 510 determined that it is in the best interest of the state to 511 develop, implement, and revise a sentencing policy. The Criminal 512 Punishment Code embodies the principles that: 513 (e) The sentence imposed by the sentencing judge reflects 514 the length of actual time to be served, shortened only by the 515 application of incentive and meritorious gain-time as provided 516 by law, and may not be shortened if the defendant would 517 consequently serve less than 85 percent of his or her term of 518 imprisonment as provided in s. 944.275(4)s. 944.275(4)(b)3. The 519 provisions of chapter 947, relating to parole, shall not apply 520 to persons sentenced under the Criminal Punishment Code. 521 Section 9. Section 947.149, Florida Statutes, is amended to 522 read: 523 947.149 Conditional medical release.— 524 (1) The commission shall, in conjunction with the 525 department, establish the conditional medical release program. 526 An inmate is eligible for supervisedconsideration forrelease 527 under the conditional medical release program when the inmate, 528 because of an existing medical or physical condition, is 529 determined by the department to be within one of the following 530 designations: 531 (a) “Inmate with a debilitating illness,” which means an 532 inmate who is determined to be suffering from a significant and 533 permanent nonterminal condition, disease, or syndrome that has 534 rendered the inmate so physically or cognitively debilitated or 535 incapacitated as to create a reasonable probability that he or 536 she does not present any danger to society. He or she must have 537 served at least 50 percent of his or her sentence. 538 (b)(a)“Permanently incapacitated inmate,” which means an 539 inmate who has a condition caused by injury, disease, or illness 540 which, to a reasonable degree of medical certainty, renders the 541 inmate permanently and irreversibly physically incapacitated to 542 the extent that the inmate does not constitute a danger to 543 herself or himself or others. 544 (c)(b)“Terminally ill inmate,” which means an inmate who 545 has a condition caused by injury, disease, or illness which, to 546 a reasonable degree of medical certainty, renders the inmate 547 terminally ill to the extent that there can be no recovery and 548 death is imminent, so that the inmate does not constitute a 549 danger to herself or himself or others. 550 (2) To be eligible, an inmate must also be determined by 551 the department to meet all of the following criteria: 552 (a) Has been convicted of a felony. 553 (b) Has no current or prior conviction for a capital or 554 first degree felony, for a sexual offense, or for an offense 555 involving a child. 556 (c) Has not received a disciplinary report within the 557 previous 6 months. 558 (d) Has never received a disciplinary report for a violent 559 act. 560 (e) Has renounced any gang affiliation. 561 (3)(2)Notwithstanding any provision to the contrary, any 562 person determined eligible under this section and sentenced to 563 the custody of the department shallmay, upon referral by the 564 department and verification of eligibility by commission, be 565 placed onconsidered forconditional medical release by the 566 commission, in addition to any parole consideration for which567the inmate may be considered, except that conditional medical568release is not authorized for an inmate who is under sentence of569death. 570 (4) No inmate has a right to conditional medical release or 571 to a medical evaluation to determine eligibility for such 572 release. 573 (5)(a)(3)The commission has theauthority and whether or574not to grant conditional medical release and establish575additional conditions of conditional medical release rests576solely within the discretion of the commission, in accordance577with the provisions of this section, together withtheauthority 578 to approve the release plan proposed by the department to 579 include necessary medical care and attention. 580 (b) The department shall identify inmates who may be 581 eligible for conditional medical release based upon available 582 medical information and shall refer them to the commission if 583 they are eligible under this sectionfor consideration.In584considering an inmate for conditional medical release, the585commission may require that additional medical evidence be586produced or that additional medical examinations be conducted,587and may require such other investigations to be made as may be588warranted.589 (c) The referral by the department to the commission must 590 include the following information: 591 1. Proposed conditional medical release plan. 592 2. Any relevant medical history, including current medical 593 prognosis. 594 3. Prison experience and criminal history. The criminal 595 history must include all of the following: 596 a. A claim of innocence, if any. 597 b. The degree to which the inmate accepts responsibility 598 for his or her acts leading to the conviction of the crime. 599 c. How any claim of responsibility has affected the 600 inmate’s feelings of remorse. 601 4. Any history of substance abuse and mental health issues. 602 5. Any disciplinary action taken against the inmate while 603 in prison. 604 6. Any participation in prison work and other prison 605 programs. 606 7. Any other information deemed necessary by the 607 department. 608 (d) In verifying eligibility of an inmate for conditional 609 medical release, the commission shall review the information 610 provided by the department. 611 (e) The commission must finish its verification of the 612 eligibility of an inmate within 60 days after the department 613 refers the inmate for conditional medical release. 614 (6)(4)The conditional medical release term of an inmate 615 released on conditional medical release is for the remainder of 616 the inmate’s sentence, without diminution of sentence for good 617 behavior. Supervision of the medical releasee must include 618 periodic medical evaluations at intervals included in the 619 recommended release plan and approveddeterminedby the 620 commission at the time of release. Supervision may also include 621 electronic monitoring. 622 (7)(a)(5)(a)If it is discovered during the conditional 623 medical release that the medical or physical condition of the 624 medical releasee has improved to the extent that she or he would 625 no longer be eligible for conditional medical release under this 626 section, the commission may order that the releasee be returned 627 to the custody of the department for a conditional medical 628 release revocation hearing, in accordance with s. 947.141. If 629 conditional medical release is revoked due to improvement in the 630 medical or physical condition of the releasee, she or he shall 631 serve the balance of her or his sentence with credit for the 632 time served on conditional medical release and without 633 forfeiture of any gain-time accrued prior to conditional medical 634 release. If the person whose conditional medical release is 635 revoked due to an improvement in medical or physical condition 636 would otherwise be eligible for parole or any other release 637 program, the person may be considered for such release program 638 pursuant to law. 639 (b) In addition to revocation of conditional medical 640 release pursuant to paragraph (a), conditional medical release 641 may also be revoked for violation of any condition of the 642 release established by the commission, in accordance with s. 643 947.141, and the releasee’s gain-time may be forfeited pursuant 644 to s. 944.28(1). 645 (8)(6)The department and the commission shall adopt rules 646 as necessary to implement the conditional medical release 647 program. 648 Section 10. This act shall take effect July 1, 2017.