SB 238 — Conditional Medical Release

Florida Senate - 2018 CS for SB 238 By Senator Bracy 11-00289-18 2018238__ A bill to be entitled An act relating to the conditionalCommittee medicalon releaseCriminal program;Justice;

and Senator Bracy 591-01947-18 2018238c1 A bill to be entitled An act relating to conditional medical release;

creating permissive conditional medical release;

requiring the Department of Corrections to refer eligible inmates;

authorizing the Florida Commission on Offender Review to release eligible inmates;

creating mandatory conditional medical release;

requiring thatthe certaindepartment personsto whoserefer eligibilityan iseligible verifiedinmate byto the Commissioncommission; on Offender Review be placed on conditional medical release;

requiring thethat Departmentcertain ofinmates Correctionswhose toeligibility referis anverified eligibleby inmatethe tocommission thebe commission;placed on conditional medical release;

2731 Be It Enacted by the Legislature of the State of Florida:

2933 Section 1. Section 947.149, Florida Statutes, is amended to read:

(a) “Inmate with a debilitating illness,” which means an inmate who is determined to be suffering from a significant and permanent nonterminal condition, disease, or syndrome that has rendered the inmate so physically or cognitively debilitated or incapacitated as to create a reasonable probability that hethe orinmate she does not presentconstitute anya danger to society.herself or himself or others.

(2) To(2) PERMISSIVE beCONDITIONAL eligible,MEDICAL anRELEASE.— inmate(a) Notwithstanding mustany alsoprovision beto the contrary, any person qualifying for one of the three designations defined in subsection (1) determined byeligible under this section and sentenced to the custody of the department may, upon referral by the department, be considered for conditional medical release by the commission, in addition to meetany allparole ofconsideration for which the followinginmate criteria:may be considered, except that conditional medical release is not authorized for an inmate who is under sentence of death.

(a) HasNo servedinmate athas leasta 50right percentto ofconditional hismedical release or herto sentence.a medical evaluation to determine eligibility for such release.

(b) Has(b)(3) The beenauthority convictedand whether or not to grant conditional medical release and establish additional conditions of aconditional felony.medical release under this subsection rests solely within the discretion of the commission, in accordance with the provisions of this section, together with the authority to approve the release plan to include necessary medical care and attention.

(c) Has(c) The nodepartment currentshall oridentify priorinmates convictionwho may be eligible for aconditional capitalmedical orrelease firstbased degreeupon felony,available formedical ainformation sexualand offense,shall orrefer forthem anto offensethe involvingcommission afor child.consideration.

(d) Has(d) In notconsidering receivedan ainmate disciplinaryfor reportconditional withinmedical release in accordance with this subsection, the previouscommission 6may months.require that additional medical evidence be produced or that additional medical examinations be conducted, and may require such other investigations to be made as may be warranted.

(e) Has(3) MANDATORY neverCONDITIONAL receivedMEDICAL aRELEASE.— disciplinary(a) To reportbe eligible for asupervised violentrelease act.under this subsection, an inmate qualifying for one of the three designations defined in subsection (1) shall also be determined by the department to meet all of the following criteria:

(f) Has1. Has renouncedserved anyat gangleast affiliation.50 percent of his or her sentence.

(3)(2) Notwithstanding2. Has anyno provisioncurrent toor theprior contrary,conviction anyfor: person determined eligible under this section and sentenced to the custody of the department must may, upon referral by the department and verification of eligibility by the commission, be placed on considered for conditional medical release by the commission, in addition to any parole consideration for which the inmate may be considered, except that conditional medical release is not authorized for an inmate who is under sentence of death.

(4) Ana. A Nocapital, inmatelife, does not have has a right to conditional medical release or tofirst adegree medicalfelony. evaluation to determine eligibility for such release.

(5)(a)(3) Theb. A commissionsexual hasoffense, thewhich authoritymeans andan whetheroffense orspecified not to grant conditional medical release and establish additional conditions of conditional medical release rests solely within the discretion of the commission, in accordances. with the provisions of this section, together with the authority to approve the release plan proposed by the department to include necessary medical care and attention.

(b) The775.21(4)(a)1. department shall identify inmates who may be eligible for conditional medical release based upon available medical information and must shall refer them to the commission if they are eligible under this section for consideration.

In considering an inmate for conditional medical release, the commission may require that additional medical evidence be produced or thats. additional medical examinations be conducted, and may require such other investigations to be made as may be warranted.

(c) The943.0435(1)(h)1.a.(I). department’s referral of the inmate to the commission must include all of the following information:

1. Thec. An proposedoffense conditionalinvolving medicala releasechild. plan.

2. Any3. Has relevantnot medicalreceived history,a includingdisciplinary currentreport medicalwithin prognosis.the previous 6 months.

3. Prison4. Has experiencenever andreceived criminala history.disciplinary report for a violent act.

The5. Has criminalrenounced historyany mustgang includeaffiliation. all of the following:

a. The(b) Any inmate’sperson claimsentenced to the custody of innocence,the ifdepartment any.that is determined to be eligible for placement on conditional medical release in accordance with this subsection must be referred by the department to the commission.

b. TheUpon degreereceiving toa whichreferral from the inmatedepartment, acceptsthe responsibilitycommission forshall hisverify orthe hereligibility actionsof leadingan toinmate theand, convictionupon ofverification, thesuch crime.inmate must be placed on conditional medical release.

c. How(c) In anyverifying claimthe ofinmate’s responsibilityeligibility hasfor affectedconditional medical release, the inmate’scommission feelingsshall ofreview remorse.the information provided by the department.

4. Any(d) The historycommission must finish its verification of substancean abuseinmate’s andeligibility mentalwithin health60 issues.days after the department refers the inmate for conditional medical release.

5. Any(4) No disciplinaryinmate actionhas takena againstright theto inmateconditional whilemedical inrelease prison.or to a medical evaluation to determine eligibility for such release.

6. Any(5) The participationdepartment’s inreferral prisonof workan andinmate otherto prisonthe programs.commission for release under this section must include all of the following information:

7. Any(a) The otherproposed informationconditional themedical departmentrelease deemsplan. necessary.

(d) In(b) Any verifyingrelevant themedical inmate’shistory, eligibilityincluding forcurrent conditional medical release,prognosis. the commission shall review the information provided by the department.

(e) The(c) Criminal commissionhistory. must finish its verification of an inmate’s eligibility within 60 days after the department refers the inmate for conditional medical release.

The criminal history must include all of the following information:

1. The inmate’s claim of innocence, if any.

2. The degree to which the inmate accepts responsibility for his or her actions leading to the conviction of the crime.