Bill Text: FL H1177 | 2011 | Regular Session | Introduced

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Bill Title: Elderly Inmates

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1177 Detail]

Download: Florida-2011-H1177-Introduced.html

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HB 1177

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

CODING: Words stricken are deletions; words underlined are additions.