Florida Senate - 2011 SB 144 By Senator Smith 29-00025-11 2011144__ 1 A bill to be entitled 2 An act relating to elderly inmates; providing 3 legislative intent; creating s. 947.148, F.S.; 4 providing a short title; creating the Elderly 5 Rehabilitated Inmate Supervision Program to authorize 6 the Parole Commission to approve the early release of 7 certain elderly inmates; providing eligibility 8 requirements for an inmate to participate in the 9 program; requiring that the petition to participate in 10 the program include certain documents; authorizing 11 members of the public to be present at meetings of the 12 commission held to determine an inmate’s eligibility 13 for the program; authorizing a victim to make an oral 14 statement or provide a written statement regarding the 15 granting, denying, or revoking of an inmate’s 16 supervised release under the program; requiring that 17 the commission notify the victim or the victim’s 18 family within a specified period regarding the filing 19 of a petition, the date of the commission’s meeting, 20 and the commission’s decision; authorizing the 21 commission to approve an inmate’s participation in the 22 program under certain conditions; providing 23 eligibility requirements that the commission must 24 review; requiring an examiner to interview within a 25 specified time an inmate who has filed a petition for 26 supervised release under the program; authorizing the 27 postponement of the interview; requiring the examiner 28 to explain and review certain criteria during the 29 interview; requiring that the examiner recommend a 30 release date for the inmate; providing certain 31 conditions under which an inmate may not be released; 32 requiring a panel of commissioners to establish terms 33 and conditions of the supervised release under certain 34 circumstances; requiring that the inmate participate 35 in community service, submit to electronic monitoring, 36 and provide restitution to victims as a condition for 37 participating in the program; authorizing the 38 commission to impose special conditions of 39 supervision; authorizing the inmate to request a 40 review of the terms and conditions of his or her 41 program supervision; requiring a panel of 42 commissioners to render a decision within a specified 43 period regarding a request to modify or continue the 44 supervised release; providing that participation in 45 the program is voluntary; requiring the commission to 46 specify in writing the terms and conditions of 47 supervision and provide a certified copy to the 48 inmate; authorizing the trial court judge to enter an 49 order to retain jurisdiction over the offender; 50 providing a limitation of the trial court’s 51 jurisdiction; providing for gain-time to accrue; 52 providing procedures if the trial court retains 53 jurisdiction of the inmate; requiring a correctional 54 probation officer to supervise an inmate who is 55 released under the program; authorizing the Department 56 of Corrections to conduct the program using 57 departmental employees or private agencies; requiring 58 the department to adopt rules; creating s. 947.1481, 59 F.S.; creating the Restorative Justice Pilot Program; 60 requiring the Department of Corrections to develop a 61 pilot program patterned after the juvenile justice 62 program offered by Neighborhood Restorative Justice 63 Centers; requiring that inmates who are eligible to 64 participate in the Elderly Rehabilitated Inmate 65 Supervision Program be given priority for 66 participating in the pilot program; providing that the 67 pilot program be developed after consultation with 68 specified persons; authorizing the department to 69 conduct the pilot program using departmental employees 70 or private agencies; requiring the department to adopt 71 rules; amending s. 947.141, F.S.; conforming 72 provisions to changes made by the act; authorizing a 73 law enforcement officer to arrest an inmate under 74 certain circumstances who has been released under the 75 Elderly Rehabilitated Inmate Supervision Program; 76 providing an effective date. 77 78 Be It Enacted by the Legislature of the State of Florida: 79 80 Section 1. The Legislature recognizes the need to provide a 81 means for the release of older inmates who have demonstrated 82 that they have been rehabilitated while incarcerated. It is the 83 intent of the Legislature to address this issue by establishing 84 a conditional extension of the limits of confinement by 85 providing a mechanism for determining eligibility for early 86 release and supervising inmates who have been incarcerated for 87 at least 25 cumulative years and are 50 years of age or older. 88 The Legislature intends to provide for victim input and the 89 enforcement of penalties for those who fail to comply with 90 supervision while outside a prison facility. The Legislature 91 also intends that a pilot program patterned after the program 92 offered by Neighborhood Restorative Justice Centers be 93 implemented and offered to inmates who are eligible for release 94 under the Elderly Rehabilitated Inmate Supervision Program. 95 Section 2. Section 947.148, Florida Statutes, is created to 96 read: 97 947.148 Elderly Rehabilitated Inmate Supervision Program.— 98 (1) This section may be cited as the “Elderly Rehabilitated 99 Inmate Supervision Program Act.” 100 (2) As used in this section, the term “program” means the 101 Elderly Rehabilitated Inmate Supervision Program. 102 (3) An inmate may petition the commission for supervised 103 release under the program if the inmate: 104 (a) Is 50 years of age or older; 105 (b) Has been convicted of a felony and served at least 25 106 consecutive years of incarceration; 107 (c) Is not eligible for parole or conditional medical 108 release; 109 (d) Has not been sentenced for a capital felony; 110 (e) Is not serving a minimum mandatory sentence; and 111 (f) Has not received a disciplinary report within the 112 previous 6 months. 113 (4) Each petition filed on behalf of an inmate to 114 participate in the program must contain: 115 (a) A proposed release plan; 116 (b) Documentation of the inmate’s relevant medical history, 117 including current medical prognosis; 118 (c) The inmate’s prison experience and criminal history. 119 The criminal history must include any claim of innocence, the 120 degree to which the inmate accepts responsibility for his or her 121 acts leading to the conviction of the crime, and how the claim 122 of responsibility has affected the inmate’s feelings of remorse; 123 (d) Documentation of the inmate’s history of substance 124 abuse and mental health; 125 (e) Documentation of any disciplinary action taken against 126 the inmate while in prison; 127 (f) Documentation of the inmate’s participation in prison 128 work and programs; and 129 (g) Documentation of the inmate’s renunciation of gang 130 affiliation. 131 (5) An inmate may file only one petition to participate in 132 the program. 133 (6) All matters relating to the granting, denying, or 134 revoking of an inmate’s supervised release in the program shall 135 be decided in a meeting at which the public may be present. A 136 victim of the crime committed by the inmate, a 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 make an oral 140 statement or submit a written statement regarding his or her 141 views as to the granting, denying, or revoking of supervision. A 142 person who is not a member or employee of the commission, the 143 victim of the crime committed by the inmate, the victim’s parent 144 or guardian if the victim is a minor, a lawful representative of 145 the victim or of the victim’s parent or guardian if the victim 146 is a minor, or a homicide victim’s next of kin may participate 147 in deliberations concerning the granting and revoking of an 148 inmate’s supervised release in the program only upon the prior 149 written approval of the chair of the commission. The commission 150 shall notify the victim, the victim’s parent or guardian if the 151 victim is a minor, a lawful representative of the victim or of 152 the victim’s parent or guardian if the victim is a minor, or the 153 victim’s next of kin if the victim is deceased no later than 30 154 days after the petition is received by the commission, no later 155 than 30 days before the commission’s meeting, and no later than 156 30 days after the commission’s decision. 157 (7) The commission may approve an inmate for participation 158 in the program if the inmate demonstrates: 159 (a) Successful participation in programs designed to 160 restore the inmate as a useful and productive person in the 161 community upon release; 162 (b) Genuine reform and changed behavior over a period of 163 years; 164 (c) Remorse for actions that have caused pain and suffering 165 to the victims of his or her offenses; and 166 (d) A renunciation of criminal activity and gang 167 affiliation if the inmate was a member of a gang. 168 (8) In considering eligibility for participation in the 169 program, the commission shall review the inmate’s: 170 (a) Entire criminal history and record; 171 (b) Complete medical history, including history of 172 substance abuse, mental health, and current medical prognosis; 173 (c) Prison disciplinary record; 174 (d) Work record; 175 (e) Program participation; and 176 (f) Gang affiliation, if any. 177 178 The commission shall consider the inmate’s responsibility for 179 the acts leading to the conviction, including any prior and 180 continued statements of innocence and the inmate’s feelings of 181 remorse. 182 (9)(a) An examiner shall interview the inmate within 90 183 days after a petition is filed on behalf of the inmate. An 184 interview may be postponed for a period not to exceed 90 days. 185 Such postponement must be for good cause, which includes, but 186 need not be limited to, the need for the commission to obtain a 187 presentence or postsentence investigation report or a violation 188 report. The reason for postponement shall be noted in writing 189 and included in the official record. A postponement for good 190 cause may not result in an interview being conducted later than 191 90 days after the inmate’s initial scheduled interview. 192 (b) During the interview, the examiner shall explain the 193 program to the inmate and review the inmate’s institutional 194 conduct record, criminal history, medical history, work records, 195 program participation, gang affiliation, and satisfactory 196 release plan for supervision under the program. 197 (c) Within 10 days after the interview, the examiner shall 198 recommend in writing to a panel of no fewer than two 199 commissioners appointed by the chair a release date for the 200 inmate. The commissioners are not bound by the examiner’s 201 recommended release date. 202 (10) An inmate may not be placed in the program merely as a 203 reward for good conduct or efficient performance of duties 204 assigned in prison. An inmate may not be placed in the program 205 unless the commission finds that there is reasonable probability 206 that, if the inmate is placed in the program, he or she will 207 live and conduct himself or herself as a respectable and law 208 abiding person and that the inmate’s release will be compatible 209 with his or her own welfare and the welfare of society. 210 (11) When the commission has accepted the petition, 211 approved the proposed release plan, and determined that the 212 inmate is eligible for the program, a panel of no fewer than two 213 commissioners shall establish the terms and conditions of the 214 supervision. When granting supervised release under the program, 215 the commission shall require the inmate to participate in 10 216 hours of community service for each year served in prison, 217 require that the inmate be subject to electronic monitoring for 218 at least 1 year, and require reparation or restitution be paid 219 to the victim for the damage or loss caused by the offense for 220 which the inmate was imprisoned, unless the commission finds 221 reasons to the contrary. If the commission does not order 222 restitution or orders only partial restitution, the commission 223 must state on the record the reasons for its decision. The 224 amount of such reparation or restitution shall be determined by 225 the commission. 226 (12) The commission may impose any special conditions it 227 considers warranted from its review of the release plan and 228 inmate’s record, including, but not limited to, a requirement 229 that the inmate: 230 (a) Pay any debt due and owing to the state under s. 960.17 231 or pay attorney’s fees and costs that are owed to the state 232 under s. 938.29; 233 (b) Not leave the state or any definite physical area 234 within the state without the consent of the commission; 235 (c) Not associate with persons engaged in criminal 236 activity; and 237 (d) Carry out the instructions of her or his supervising 238 correctional probation officer. 239 (13)(a) An inmate may request a review of the terms and 240 conditions of his or her supervised release under the program. A 241 panel of at least two commissioners appointed by the chair shall 242 consider the inmate’s request, render a written decision and the 243 reasons for the decision to continue or to modify the terms and 244 conditions of the program supervision, and inform the inmate of 245 the decision in writing within 30 days after the date of receipt 246 of the request for review. During any period of review of the 247 terms and conditions of supervision, the inmate shall be subject 248 to the authorized terms and conditions of supervision until such 249 time that a decision is made to continue or modify the terms and 250 conditions of supervision. 251 (b) The length of supervision shall be the remaining amount 252 of time the inmate has yet to serve, including calculations for 253 gain-time credit, as determined by the department. 254 (c) An inmate’s participation in the program is voluntary, 255 and the inmate must agree to abide by all conditions of release. 256 The commission, upon authorizing a supervision release date, 257 shall specify in writing the terms and conditions of the program 258 supervision and provide a certified copy of these terms and 259 conditions to the inmate. 260 (14)(a) At the time of sentencing, the trial court judge 261 may enter an order retaining jurisdiction over the offender for 262 review of a release order by the commission under this section. 263 This jurisdiction of the trial court judge is limited to the 264 first one-third of the maximum sentence imposed. When a person 265 is convicted of two or more felonies and concurrent sentences 266 are imposed, the jurisdiction of the trial court applies to the 267 first one-third of the maximum sentence imposed for the highest 268 felony of which the person was convicted. When any person is 269 convicted of two or more felonies and consecutive sentences are 270 imposed, the jurisdiction of the trial court judge applies to 271 one-third of the total consecutive sentences imposed. 272 (b) In retaining jurisdiction for purposes of this 273 subsection, the trial court must state the justification with 274 individual particularity, and such justification shall be made a 275 part of the court record. A copy of the justification and the 276 uniform commitment form issued by the court pursuant to s. 277 944.17 shall be delivered together to the department. 278 (c) Gain-time as provided for by law shall accrue, except 279 that an offender over whom the trial court has retained 280 jurisdiction as provided in this subsection may not be released 281 during the first one-third of her or his sentence by reason of 282 gain-time. 283 (d) In such a case of retained jurisdiction, the 284 commission, within 30 days after the entry of its release order, 285 shall send notice of its release order to the original 286 sentencing judge and to the appropriate state attorney. The 287 release order shall be made contingent upon entry of an order by 288 the appropriate circuit judge relinquishing jurisdiction as 289 provided for in paragraph (e). If the original sentencing judge 290 is no longer in service, such notice shall be sent to the chief 291 judge of the circuit in which the offender was sentenced. The 292 chief judge may designate any circuit judge within the circuit 293 to act in the place of the original sentencing judge. 294 (e) The original sentencing judge or her or his replacement 295 shall notify the commission within 10 days after receipt of the 296 notice provided for in paragraph (d) as to whether the court 297 desires to retain jurisdiction. If the original sentencing judge 298 or her or his replacement does not so notify the commission 299 within the 10-day period or notifies the commission that the 300 court does not desire to retain jurisdiction, the commission may 301 dispose of the matter as it sees fit. 302 (f) Upon receipt of notice of intent to retain jurisdiction 303 from the original sentencing judge or her or his replacement, 304 the commission shall, within 10 days, forward to the court its 305 release order, the examiner’s report and recommendation, and all 306 supporting information upon which its release order was based. 307 (g) Within 30 days after receipt of the items listed in 308 paragraph (f), the original sentencing judge or her or his 309 replacement shall review the order, findings, and evidence. If 310 the judge finds that the order of the commission is not based on 311 competent, substantial evidence or that participation in the 312 program is not in the best interest of the community or the 313 inmate, the court may vacate the release order. The judge or her 314 or his replacement shall notify the commission of the decision 315 of the court, and, if the release order is vacated, such 316 notification must contain the evidence relied on and the reasons 317 for denial. A copy of the notice shall be sent to the inmate. 318 (15) A correctional probation officer as defined in s. 319 943.10 shall supervise the inmate released under this program. 320 (16) The department may provide departmental staff to 321 conduct the program created under this section or may contract 322 with other public or private agencies for the delivery of 323 services related to the program created under this section. 324 (17) The department shall adopt rules to administer this 325 section. 326 Section 3. Section 947.1481, Florida Statutes, is created 327 to read: 328 947.1481 Restorative Justice Pilot Program.— 329 (1) As used in this section, the term “pilot program” means 330 the Restorative Justice Pilot Program. 331 (2) The department shall develop the pilot program that is 332 patterned after the program offered by the Neighborhood 333 Restorative Justice Centers established under s. 985.155. The 334 pilot program shall be implemented at one maximum security 335 prison for women and at two maximum security prisons for men. 336 The portion of the pilot program which include classes on the 337 effect that crime has on victims shall be made available on a 338 voluntary basis. Inmates who are eligible to participate in the 339 Elderly Rehabilitated Inmate Supervision Program shall be given 340 priority for participation in the pilot program. 341 (3) The pilot program created under this section shall be 342 developed after identifying a need in the community for the 343 pilot program through consultation with representatives of the 344 public, members of the judiciary, law enforcement agencies, 345 state attorneys, and defense attorneys. 346 (4) The department may provide departmental staff to 347 conduct the pilot program or may contract with other public or 348 private agencies for the delivery of services related to the 349 pilot program. 350 (5) The department shall adopt rules to administer this 351 section. 352 Section 4. Section 947.141, Florida Statutes, is amended to 353 read: 354 947.141 Violations of conditional release, control release, 355 or conditional medical release or addiction-recovery 356 supervision.— 357 (1) If a member of the commission or a duly authorized 358 representative of the commission has reasonable grounds to 359 believe that an offender who is on release supervision under s. 360 947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has 361 violated the terms and conditions of the release in a material 362 respect, such member or representative may cause a warrant to be 363 issued for the arrest of the releasee; if the offender was found 364 to be a sexual predator, the warrant must be issued. 365 (2) Upon the arrest on a felony charge of an offender who 366 is on release supervision under s. 947.1405, s. 947.146, s. 367 947.148, s. 947.149, or s. 944.4731, the offender must be 368 detained without bond until the initial appearance of the 369 offender at which a judicial determination of probable cause is 370 made. If the trial court judge determines that there was no 371 probable cause for the arrest, the offender may be released. If 372 the trial court judge determines that there was probable cause 373 for the arrest, such determination also constitutes reasonable 374 grounds to believe that the offender violated the conditions of 375 the release. Within 24 hours after the trial court judge’s 376 finding of probable cause, the detention facility administrator 377 or designee shall notify the commission and the department of 378 the finding and transmit to each a facsimile copy of the 379 probable cause affidavit or the sworn offense report upon which 380 the trial court judge’s probable cause determination is based. 381 The offender must continue to be detained without bond for a 382 period not exceeding 72 hours excluding weekends and holidays 383 after the date of the probable cause determination, pending a 384 decision by the commission whether to issue a warrant charging 385 the offender with violation of the conditions of release. Upon 386 the issuance of the commission’s warrant, the offender must 387 continue to be held in custody pending a revocation hearing held 388 in accordance with this section. 389 (3) Within 45 days after notice to the Parole Commission of 390 the arrest of a releasee charged with a violation of the terms 391 and conditions of conditional release, control release, 392 conditional medical release, or addiction-recovery supervision, 393 the releasee must be afforded a hearing conducted by a 394 commissioner or a duly authorized representative thereof. If the 395 releasee elects to proceed with a hearing, the releasee must be 396 informed orally and in writing of the following: 397 (a) The alleged violation with which the releasee is 398 charged. 399 (b) The releasee’s right to be represented by counsel. 400 (c) The releasee’s right to be heard in person. 401 (d) The releasee’s right to secure, present, and compel the 402 attendance of witnesses relevant to the proceeding. 403 (e) The releasee’s right to produce documents on the 404 releasee’s own behalf. 405 (f) The releasee’s right of access to all evidence used 406 against the releasee and to confront and cross-examine adverse 407 witnesses. 408 (g) The releasee’s right to waive the hearing. 409 (4) Within a reasonable time following the hearing, the 410 commissioner or the commissioner’s duly authorized 411 representative who conducted the hearing shall make findings of 412 fact in regard to the alleged violation. A panel of no fewer 413 than two commissioners shall enter an order determining whether 414 the charge of violation of conditional release, control release, 415 conditional medical release, or addiction-recovery supervision 416 has been sustained based upon the findings of fact presented by 417 the hearing commissioner or authorized representative. By such 418 order, the panel may revoke conditional release, control 419 release, conditional medical release, or addiction-recovery 420 supervision and thereby return the releasee to prison to serve 421 the sentence imposed, reinstate the original order granting the 422 release, or enter such other order as it considers proper. 423 Effective for inmates whose offenses were committed on or after 424 July 1, 1995, the panel may order the placement of a releasee, 425 upon a finding of violation pursuant to this subsection, into a 426 local detention facility as a condition of supervision. 427 (5) Effective for inmates whose offenses were committed on 428 or after July 1, 1995, notwithstanding the provisions of ss. 429 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and 430 951.23, or any other law to the contrary, by such order as 431 provided in subsection (4), the panel, upon a finding of guilt, 432 may, as a condition of continued supervision, place the releasee 433 in a local detention facility for a period of incarceration not 434 to exceed 22 months. Prior to the expiration of the term of 435 incarceration, or upon recommendation of the chief correctional 436 officer of that county, the commission shall cause inquiry into 437 the inmate’s release plan and custody status in the detention 438 facility and consider whether to restore the inmate to 439 supervision, modify the conditions of supervision, or enter an 440 order of revocation, thereby causing the return of the inmate to 441 prison to serve the sentence imposed. The provisions of this 442 section do not prohibit the panel from entering such other order 443 or conducting any investigation that it deems proper. The 444 commission may only place a person in a local detention facility 445 pursuant to this section if there is a contractual agreement 446 between the chief correctional officer of that county and the 447 Department of Corrections. The agreement must provide for a per 448 diem reimbursement for each person placed under this section, 449 which is payable by the Department of Corrections for the 450 duration of the offender’s placement in the facility. This 451 section does not limit the commission’s ability to place a 452 person in a local detention facility for less than 1 year. 453 (6) Whenever a conditional release, control release, 454 conditional medical release, or addiction-recovery supervision 455 is revoked by a panel of no fewer than two commissioners and the 456 releasee is ordered to be returned to prison, the releasee, by 457 reason of the misconduct, shall be deemed to have forfeited all 458 gain-time or commutation of time for good conduct, as provided 459 for by law, earned up to the date of release. However, if a 460 conditional medical release is revoked due to the improved 461 medical or physical condition of the releasee, the releasee 462 shall not forfeit gain-time accrued before the date of 463 conditional medical release. This subsection does not deprive 464 the prisoner of the right to gain-time or commutation of time 465 for good conduct, as provided by law, from the date of return to 466 prison. 467 (7) If a law enforcement officer has probable cause to 468 believe that an offender who is on release supervision under s. 469 947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has 470 violated the terms and conditions of his or her release by 471 committing a felony offense, the officer shall arrest the 472 offender without a warrant, and a warrant need not be issued in 473 the case. 474 (8) When a law enforcement officer has reasonable grounds 475 to believe that a releasee has violated the terms and conditions 476 of her or his supervision in a material respect under the 477 Elderly Rehabilitated Inmate Supervision Program, the law 478 enforcement officer may arrest the releasee without warrant and 479 bring her or him before one or more commissioners or a duly 480 authorized representative of the commission. Proceedings shall 481 take place when a warrant has been issued by a member of the 482 commission or a duly authorized representative of the 483 commission. 484 Section 5. This act shall take effect July 1, 2011.