Florida 2020 Regular Session Status: In Committee

SB 574 — Conditional Aging Inmate Release

Last action — Died in Appropriations

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    Introduced
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    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Conditional Aging Inmate Release; Establishing the conditional aging inmate release program within the Department of Corrections; requiring that an inmate who meets certain criteria be considered for conditional aging inmate release; providing victim notification requirements under certain circumstances; providing that an inmate who is approved for conditional aging inmate release must be released from the department’s custody within a reasonable amount of time; prohibiting an aging releasee or his or her community-based housing from being counted in the prison system population and the prison capacity figures, respectively, etc.

Bill Text

What changed in the latest version

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666 line(s) added, 184 removed.

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Florida Senate - 2020 SB 574 By Senator Brandes 24-00764-20 2020574__ A bill to be entitled An act relating to aging inmate conditional release;
Florida Senate - 2020 CS for SB 574 By the Committee on Criminal Justice;
and Senators Brandes and Perry 591-02026-20 2020574c1 A bill to be entitled An act relating to conditional aging inmate release;
providing that an inmate who is approved for conditional aging inmate release must be released from the department’s custody within a reasonable amount of time;
providing that an inmate is considered an aging releasee upon release from the department into the community;
providing for the revocation of an aging inmate release;
providing for the revocation of conditional aging inmate release;
providing a review process for an inmate who has his or her released revoked;
providing a review process for an aging releasee who has his or her released revoked;
amending ss.
316.1935, 775.084, 775.087, 784.07, 790.235, 794.0115, 893.135, 921.0024, 944.605, and 944.70, F.S.;
conforming cross-references;
36 Be It Enacted by the Legislature of the State of Florida:
44 Be It Enacted by the Legislature of the State of Florida:
38 Section 1. Section 945.0912, Florida Statutes, is created to read:
46 Section 1. Section 945.0912, Florida Statutes, is created to read:
945.0912 Conditional aging release.— (1) CREATION.—There is established a conditional aging inmate release program within the department for the purpose of determining eligible inmates who are appropriate for such release, supervising the released inmates, and conducting revocation hearings as provided for in this section.
945.0912 Conditional aging inmate release.— (1) CREATION.—There is established a conditional aging inmate release program within the department for the purpose of determining eligible inmates who are appropriate for such release, supervising the released inmates, and conducting revocation hearings as provided for in this section.
(3) REFERRAL FOR CONSIDERATION.— (a)1. Notwithstanding any provision to the contrary, an inmate in the custody of the department who is eligible for consideration pursuant to subsection (2) must be considered for conditional aging inmate release.
(3) REFERRAL FOR CONSIDERATION.— (a)1. Notwithstanding any provision to the contrary, an inmate in the custody of the department who is eligible for consideration pursuant to subsection (2) must be considered for the conditional aging inmate release program.
(b) The department must identify inmates who may be eligible for conditional aging inmate release.
(b) The department must identify inmates who may be eligible for the conditional aging inmate release program.
In considering an inmate for conditional aging inmate release under the program, the department may require the production of additional evidence or any other additional investigations that the department deems are necessary for determining the appropriateness of the eligible inmate’s release.
In considering an inmate for conditional aging inmate release, the department may require the production of additional evidence or any other additional investigations that the department deems are necessary for determining the appropriateness of the eligible inmate’s release.
If conditional aging inmate release is approved, the inmate must be released by the department to the community within a reasonable amount of time with necessary release conditions imposed pursuant to subsection (5).
An inmate who is granted conditional aging inmate release is considered an aging releasee upon release to the community.
Such inmate is considered an aging releasee upon release from the department into the community.
2. Active electronic monitoring, if such monitoring is determined to be necessary to ensure the safety of the public and the releasee’s compliance with release conditions.
2. Active electronic monitoring, if such monitoring is determined to be necessary to ensure the safety of the public and the aging releasee’s compliance with release conditions.
(6) REVOCATION HEARING AND RECOMMITMENT.— (a)1. An inmate’s conditional aging inmate release may be revoked for a violation of any condition of the release established by the department, including, but not limited to, a new violation of law.
(6) REVOCATION HEARING AND RECOMMITMENT.— (a)1. An aging releasee’s conditional aging inmate release may be revoked for a violation of any condition of the release established by the department, including, but not limited to, a new violation of law.
If the judge determines that there was probable cause for the arrest, the judge’s determination also constitutes reasonable grounds to believe that the offender violated the conditions of the release.
If the judge determines that there was probable cause for the arrest, the judge’s determination also constitutes reasonable grounds to believe that the aging releasee violated the conditions of the release.
4. A majority of the panel members must agree that revocation is appropriate for the aging releasee’s conditional release.
4. A majority of the panel members must agree that revocation is appropriate for the aging releasee’s conditional aging inmate release to be revoked.
If conditional release is revoked pursuant to this paragraph, the aging releasee must serve the balance of his or her sentence with credit for the actual time served on conditional aging inmate release.
If conditional aging inmate release is revoked pursuant to this paragraph, the aging releasee must serve the balance of his or her sentence with credit for the actual time served on conditional aging inmate release.
The releasee’s gain-time accrued before recommitment may be forfeited pursuant to s.
The aging releasee’s gain-time accrued before recommitment may be forfeited pursuant to s.
If the inmate whose conditional aging inmate release is revoked subject to this paragraph would otherwise be eligible for parole or any other release program, he or she may be considered for such release program pursuant to law.
If the aging releasee whose conditional aging inmate release is revoked subject to this paragraph would otherwise be eligible for parole or any other release program, he or she may be considered for such release program pursuant to law.
(b) If the aging releasee subject to revocation under paragraph (a) elects to proceed with a hearing, the releasee must be informed orally and in writing of the following:
(b) If the aging releasee subject to revocation under paragraph (a) elects to proceed with a hearing, the aging releasee must be informed orally and in writing of the following:
Section 2. This act shall take effect July 1, 2020.
Section 2. Subsection (6) of section 316.1935, Florida Statutes, is amended to read:
316.1935 Fleeing or attempting to elude a law enforcement officer;
aggravated fleeing or eluding.— (6) Notwithstanding s.
948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.
A person convicted and sentenced to a mandatory minimum term of incarceration under paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gain time under s.
944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912, prior to serving the mandatory minimum sentence.
Section 3. Paragraph (k) of subsection (4) of section 775.084, Florida Statutes, is amended to read:
775.084 Violent career criminals;
habitual felony offenders and habitual violent felony offenders;
three-time violent felony offenders;
definitions;
procedure;
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enhanced penalties or mandatory minimum prison terms.— (4) (k)1. A defendant sentenced under this section as a habitual felony offender, a habitual violent felony offender, or a violent career criminal is eligible for gain-time granted by the Department of Corrections as provided in s.
944.275(4)(b).
2. For an offense committed on or after October 1, 1995, a defendant sentenced under this section as a violent career criminal is not eligible for any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under granted pursuant to s.
947.149, or conditional aging inmate release under s.
945.0912.
3. For an offense committed on or after July 1, 1999, a defendant sentenced under this section as a three-time violent felony offender shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release.
Section 4. Paragraph (b) of subsection (2) and paragraph (b) of subsection (3) of section 775.087, Florida Statutes, are amended to read:
775.087 Possession or use of weapon;
aggravated battery;
felony reclassification;
minimum sentence.— (2) (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.
does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law.
Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.
does not authorize a court to impose a lesser sentence than otherwise required by law.
263 Notwithstanding s.
948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s.
944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912, prior to serving the minimum sentence.
(3) (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.
does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law.
Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.
does not authorize a court to impose a lesser sentence than otherwise required by law.
280 Notwithstanding s.
948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s.
944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912, prior to serving the minimum sentence.
Section 5. Subsection (3) of section 784.07, Florida Statutes, is amended to read:
784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers;
reclassification of offenses;
minimum sentences.— (3) Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed:
(a) A “firearm” or “destructive device” as those terms are defined in s.
790.001, shall be sentenced to a minimum term of imprisonment of 3 years.
(b) A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s.
775.087(3), or a machine gun as defined in s.
790.001, shall be sentenced to a minimum term of imprisonment of 8 years.
304 Notwithstanding s.
948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s.
944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912, prior to serving the minimum sentence.
Section 6. Subsection (1) of section 790.235, Florida Statutes, is amended to read:
790.235 Possession of firearm or ammunition by violent career criminal unlawful;
penalty.— (1) Any person who meets the violent career criminal criteria under s.
775.084(1)(d), regardless of whether such person is or has previously been sentenced as a violent career criminal, who owns or has in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device, commits a felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
A person convicted of a violation of this section shall be sentenced to a mandatory minimum of 15 years’ imprisonment;
however, if the person would be sentenced to a longer term of imprisonment under s.
775.084(4)(d), the person must be sentenced under that provision.
A person convicted of a violation of this section is not eligible for any form of discretionary early release, other than pardon, executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912.
Section 7. Subsection (7) of section 794.0115, Florida Statutes, is amended to read:
794.0115 Dangerous sexual felony offender;
mandatory sentencing.— (7) A defendant sentenced to a mandatory minimum term of imprisonment under this section is not eligible for statutory gain-time under s.
944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912, before serving the minimum sentence.
Section 8. Paragraphs (b), (c), and (g) of subsection (1) and subsection (3) of section 893.135, Florida Statutes, are amended to read:
893.135 Trafficking;
mandatory sentences;
suspension or reduction of sentences;
conspiracy to engage in trafficking.— (1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s.
893.13:
(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s.
893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
If the quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s.
893.03(2)(a)4., commits the first degree felony of trafficking in cocaine.
A person who has been convicted of the first degree felony of trafficking in cocaine under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912.
However, if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result;
or b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, 388 such person commits the capital felony of trafficking in cocaine, punishable as provided in ss.
775.082 and 921.142.
Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
3. Any person who knowingly brings into this state 300 kilograms or more of cocaine, as described in s.
893.03(2)(a)4., and who knows that the probable result of such importation would be the death of any person, commits capital importation of cocaine, a capital felony punishable as provided in ss.
775.082 and 921.142.
Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(c)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s.
893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
If the quantity involved:
a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $500,000.
2. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of hydrocodone, as described in s.
893.03(2)(a)1.k., codeine, as described in s.
893.03(2)(a)1.g., or any salt thereof, or 28 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in hydrocodone,” punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
If the quantity involved:
a. Is 28 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 50 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.
c. Is 100 grams or more, but less than 300 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $500,000.
d. Is 300 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000.
3. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 7 grams or more of oxycodone, as described in s.
893.03(2)(a)1.q., or any salt thereof, or 7 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in oxycodone,” punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
If the quantity involved:
a. Is 7 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more, but less than 25 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.
c. Is 25 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $500,000.
d. Is 100 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000.
4.a. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of:
(I) Alfentanil, as described in s.
893.03(2)(b)1.;
(II) Carfentanil, as described in s.
893.03(2)(b)6.;
(III) Fentanyl, as described in s.
893.03(2)(b)9.;
(IV) Sufentanil, as described in s.
893.03(2)(b)30.;
(V) A fentanyl derivative, as described in s.
893.03(1)(a)62.;
(VI) A controlled substance analog, as described in s.
893.0356, of any substance described in sub-sub-subparagraphs (I)-(V);
or (VII) A mixture containing any substance described in sub sub-subparagraphs (I)-(VI), 485 commits a felony of the first degree, which felony shall be known as “trafficking in fentanyl,” punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
b. If the quantity involved under sub-subparagraph a.:
(I) Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and shall be ordered to pay a fine of $50,000.
(II) Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and shall be ordered to pay a fine of $100,000.
(III) Is 28 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years, and shall be ordered to pay a fine of $500,000.
5. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s.
893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs.
A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912.
However, if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result;
or b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, 523 such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss.
775.082 and 921.142.
A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
6. A person who knowingly brings into this state 60 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s.
893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of a person, commits capital importation of illegal drugs, a capital felony punishable as provided in ss.
775.082 and 921.142.
A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(g)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of flunitrazepam or any mixture containing flunitrazepam as described in s.
893.03(1)(a) commits a felony of the first degree, which felony shall be known as “trafficking in flunitrazepam,” punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
If the quantity involved:
a. Is 4 grams or more but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state or who is knowingly in actual or constructive possession of 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam as described in s.
893.03(1)(a) commits the first degree felony of trafficking in flunitrazepam.
A person who has been convicted of the first degree felony of trafficking in flunitrazepam under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912.
However, if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result;
or b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, 579 such person commits the capital felony of trafficking in flunitrazepam, punishable as provided in ss.
775.082 and 921.142.
Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(3) Notwithstanding the provisions of s.
948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section.
A person sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of discretionary early release, except pardon or executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912, prior to serving the mandatory minimum term of imprisonment.
Section 9. Subsection (2) of section 921.0024, Florida Statutes, is amended to read:
921.0024 Criminal Punishment Code;
worksheet computations;
scoresheets.— (2) The lowest permissible sentence is the minimum sentence that may be imposed by the trial court, absent a valid reason for departure.
The lowest permissible sentence is any nonstate prison sanction in which the total sentence points equals or is less than 44 points, unless the court determines within its discretion that a prison sentence, which may be up to the statutory maximums for the offenses committed, is appropriate.
When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent.
The total sentence points shall be calculated only as a means of determining the lowest permissible sentence.
The permissible range for sentencing shall be the lowest permissible sentence up to and including the statutory maximum, as defined in s.
775.082, for the primary offense and any additional offenses before the court for sentencing.
The sentencing court may impose such sentences concurrently or consecutively.
However, any sentence to state prison must exceed 1 year.
If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the code must be imposed.
If the total sentence points are greater than or equal to 363, the court may sentence the offender to life imprisonment.
An offender sentenced to life imprisonment under this section is not eligible for any form of discretionary early release, except executive clemency, or conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912.
Section 10. Paragraph (b) of subsection (7) of section 944.605, Florida Statutes, is amended to read:
944.605 Inmate release;
notification;
identification card.— (7) (b) Paragraph (a) does not apply to inmates who:
1. The department determines have a valid driver license or state identification card, except that the department shall provide these inmates with a replacement state identification card or replacement driver license, if necessary.
2. Have an active detainer, unless the department determines that cancellation of the detainer is likely or that the incarceration for which the detainer was issued will be less than 12 months in duration.
3. Are released due to an emergency release, or a conditional medical release under s.
947.149, or conditional aging inmate release under s.
945.0912.
4. Are not in the physical custody of the department at or within 180 days before release.
5. Are subject to sex offender residency restrictions, and who, upon release under such restrictions, do not have a qualifying address.
Section 11. Subsection (1) of section 944.70, Florida Statutes, is amended to read:
944.70 Conditions for release from incarceration.— (1)(a) A person who is convicted of a crime committed on or after October 1, 1983, but before January 1, 1994, may be released from incarceration only:
1. Upon expiration of the person’s sentence;
2. Upon expiration of the person’s sentence as reduced by accumulated gain-time;
3. As directed by an executive order granting clemency;
4. Upon attaining the provisional release date;
5. Upon placement in a conditional release program pursuant to s.
947.1405;
or 6. Upon the granting of control release pursuant to s.
947.146.
(b) A person who is convicted of a crime committed on or after January 1, 1994, may be released from incarceration only:
1. Upon expiration of the person’s sentence;
2. Upon expiration of the person’s sentence as reduced by accumulated meritorious or incentive gain-time;
3. As directed by an executive order granting clemency;
4. Upon placement in a conditional release program pursuant to s.
947.1405, or a conditional medical release program pursuant to s.
947.149, or a conditional aging inmate release program pursuant to s.
945.0912;
or 5. Upon the granting of control release, including emergency control release, pursuant to s.
947.146.
Section 12. This act shall take effect October 1, 2020.
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Action History

  1. Died in Appropriations

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Appropriations

  4. Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Criminal and Civil Justice; YEAS 8 NAYS 0

  5. On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 01/29/20, 9:00 am, 37 Senate Building

  6. On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 01/22/20, 1:30 pm, 37 Senate Building --Temporarily Postponed

  7. CS by Criminal Justice read 1st time

  8. Introduced

  9. Now in Appropriations Subcommittee on Criminal and Civil Justice

  10. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  11. CS by Criminal Justice; YEAS 5 NAYS 0

  12. On Committee agenda-- Criminal Justice, 12/10/19, 10:00 am, 37 Senate Building

  13. Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations

  14. Filed

Sponsors

  • Brandes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Brandes

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 574 do?
Conditional Aging Inmate Release; Establishing the conditional aging inmate release program within the Department of Corrections; requiring that an inmate who meets certain criteria be considered for conditional aging inmate release; providing victim notification requirements under certain circumstances; providing that an inmate who is approved for conditional aging inmate release must be released from the department’s custody within a reasonable amount of time; prohibiting an aging releasee or his or her community-based housing from being counted in the prison system population and the prison capacity figures, respectively, etc.
Who sponsors SB 574?
SB 574 is sponsored by Brandes.
What is the current status of SB 574?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 574?
Track SB 574 free on One Click Politics — get push/email alerts when it moves.

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