Bill Text: FL S0484 | 2010 | Regular Session | Introduced
Bill Title: Elderly Rehabilitated Inmate Program [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S0484 Detail]
Download: Florida-2010-S0484-Introduced.html
Florida Senate - 2010 SB 484 By Senator Smith 29-00542A-10 2010484__ 1 A bill to be entitled 2 An act relating to elderly inmates; creating the 3 Elderly Rehabilitated Inmate Program to authorize the 4 Parole Commission to approve the early release of 5 certain elderly inmates; defining terms; providing 6 eligibility requirements for an inmate to participate 7 in the program; requiring that the petition to 8 participate in the program include certain documents; 9 requiring the Department of Corrections to notify the 10 victim or the victim’s family within a specified 11 period that a petition has been filed; detailing the 12 criteria that must be satisfied before the petition to 13 participate in the program may be approved; requiring 14 that the inmate participate in community service and 15 submit to electronic monitoring as conditions for 16 participating in the program; requiring the Department 17 of Corrections to implement pilot programs patterned 18 on restorative justice programs in one female and two 19 male correctional institutions; providing that any 20 proposed programs be developed after consultation with 21 specified persons; authorizing the department to 22 conduct the programs using departmental employees or 23 private agencies; requiring that the Elderly 24 Rehabilitated Inmate Program include comprehensive 25 victim services to ensure the safety of victims after 26 the release of an inmate under the program; requiring 27 the department to adopt rules; providing an effective 28 date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Elderly Rehabilitated Inmate Program; pilot 33 programs.— 34 (1) As used in this section, the term: 35 (a) “Commission” means the Parole Commission. 36 (b) “Department” means the Department of Corrections. 37 (c) “Program” means the Elderly Rehabilitated Inmate 38 Program. 39 (2) An inmate who: 40 (a) Is 50 years of age or older; 41 (b) Has served at least 25 consecutive years of 42 imprisonment in an institution or facility of the department; 43 and 44 (c) Is serving a sentence other than death, 45 46 may petition the commission to participate in the Elderly 47 Rehabilitated Inmate Program. 48 (3) Each petition filed on behalf of an inmate to 49 participate in the program must contain: 50 (a) Documentation of the inmate’s relevant medical history, 51 including current medical prognosis; and 52 (b) The inmate’s prison experience and criminal history. 53 The criminal history must include any claim of innocence, the 54 degree to which the inmate accepts responsibility for his or her 55 acts leading to the conviction of the crime, and how the claim 56 of responsibility has affected the inmate’s feelings of remorse. 57 (4) If an eligible inmate files a petition to participate 58 in the program, the department shall notify the victim or the 59 family of the victim no later than 30 days after the petition is 60 filed. 61 (5) The commission may approve an inmate for participation 62 in the program if the inmate demonstrates: 63 (a) Successful participation in programs designed to 64 restore the inmate as a useful and productive person in the 65 community upon release or, if such programs are not available, 66 the inmate demonstrates an attempt to be a useful and productive 67 person in the community upon release; 68 (b) Genuine reform and changed behavior over a period of 69 years; 70 (c) Remorse for actions that have caused pain and suffering 71 to the victims of his or her offenses; 72 (d) An ability to socialize with others in an acceptable 73 manner; and 74 (e) A renunciation of criminal activity and gang 75 affiliation if the inmate was a member of a gang. 76 (6) The commission shall consider the petition in its 77 entirety and may not order the release of an inmate if the 78 commission finds that the inmate poses a continued threat to 79 public safety. If the commission determines that an inmate is 80 eligible for and should participate in the Elderly Rehabilitated 81 Inmate Program, the commission shall set the conditions for the 82 inmate’s release from prison before the expiration of the 83 inmate’s sentence. The commission, when granting participation 84 in the program, shall require the inmate to participate in 10 85 hours of community service for each year served in prison and 86 require that the inmate be subject to electronic monitoring for 87 at least 1 year. 88 (7) An inmate may file only one petition to participate in 89 the program. 90 (8) The department shall develop a pilot program that is 91 patterned on restorative justice programs and includes classes 92 on the effect of crime on crime victims. The pilot program shall 93 be implemented at one maximum security prison for women and at 94 two maximum security prisons for men. Restorative justice 95 programs that include classes on the effect that crime has on 96 victims shall be made available on a voluntary basis to inmates 97 who are eligible to participate in the Elderly Rehabilitated 98 Inmate Program. 99 (9) Any proposed program or strategy created under this 100 section must be developed after identifying a need in the 101 community for such program, through consultation with 102 representatives of the public, members of the judiciary, law 103 enforcement agencies, state attorneys, and defense attorneys. 104 (10) The department may provide departmental staff to 105 conduct the programs created under this section or may contract 106 with other public or private agencies for the delivery of 107 services related to the programs created under this section. 108 (11) The program must include comprehensive victim services 109 in order to ensure the safety of victims upon the release of an 110 inmate under the program. 111 (12) The department shall adopt rules to administer this 112 section. 113 Section 2. This act shall take effect July 1, 2010.
