THE BILL ITSELF
HB 1547
Conditional Geriatric Release
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A bill to be entitled
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An act relating to conditional geriatric release;
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creating s. 947.148, F.S.; requiring the Florida
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Commission on Offender Review, in conjunction with the
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Department of Corrections, to establish the
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conditional geriatric release program; specifying
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eligibility for the program; authorizing persons
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sentenced to the custody of the department to apply to
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the commission to be considered for conditional
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geriatric release within a specified time before
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reaching eligibility; specifying that a person does
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not have a right to conditional geriatric release;
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requiring the commission to consider any evidence
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relevant to public safety; authorizing the commission
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to consider the continued cost to the department to
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house the inmate; specifying that the commission has
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the sole discretion to determine whether to grant
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conditional geriatric release; authorizing the
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revocation of conditional geriatric release for
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violations of any conditions of release; requiring
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rulemaking; amending ss. 947.13 and 947.141, F.S.;
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conforming provisions to changes made by the act;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 947.148, Florida Statutes, is created
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to read:
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947.148 Conditional geriatric release.—
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(1) The commission shall, in conjunction with the
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department, establish the conditional geriatric release program.
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A person in the department's custody is eligible for
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consideration for release under the conditional geriatric
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release program when he or she is 65 years of age or older, has
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served a minimum of 15 years of his or her sentence in the
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department's custody, and is not under a sentence of death.
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(2) Notwithstanding any provision to the contrary, a
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person sentenced to the custody of the department may apply to
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the commission to be considered for conditional geriatric
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release up to 2 years before reaching eligibility. The
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commission may grant a request for conditional geriatric release
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before the person reaches eligibility status, but a person may
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not be released until the date he or she becomes eligible.
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(3) A person does not have a right to conditional
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geriatric release.
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(4) In determining whether to grant release under this
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section, the commission shall consider any evidence relevant to
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public safety, including, but not limited to, all of the
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following:
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(a) The underlying offense.
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(b) An inmate's criminal history record.
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(c) An inmate's disciplinary record while incarcerated.
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(d) Indications of rehabilitation.
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(e) An inmate's physical and mental health, including his
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or her mobility.
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(f) An inmate's prospects and support system upon release.
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The commission may also consider the continued cost to the
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department to house the inmate; however, no such consideration
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can outweigh public safety threats.
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(5) The authority to determine whether to grant
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conditional geriatric release and establish additional
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conditions of conditional geriatric release rests solely within
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the discretion of the commission, in accordance with this
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section.
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(6) The conditional geriatric release term of an inmate
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released under this section is for the remainder of the inmate's
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sentence, without diminution of sentence for good behavior.
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(7) Conditional geriatric release may be revoked in
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accordance with s. 947.141 for a violation of any condition of
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the release established by the commission, and the releasee's
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gain-time may be forfeited pursuant to s. 944.28(1).
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(8) The department and the commission shall adopt rules to
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administer this section.
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Section 2. Paragraph (h) of subsection (1) of section
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947.13, Florida Statutes, is amended to read:
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947.13 Powers and duties of commission.—
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(1) The commission shall have the powers and perform the
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duties of:
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(h) Determining what persons will be released on
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conditional geriatric release under s. 947.148 or conditional
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medical release under s. 947.149, establishing the conditions of
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conditional geriatric release or conditional medical release,
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and determining whether a person has violated the conditions of
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conditional geriatric release or conditional medical release and
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taking action with respect to such a violation.
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Section 3. Section 947.141, Florida Statutes, is amended
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to read:
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947.141 Violations of conditional release, control
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release, conditional geriatric release, or conditional medical
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release or addiction-recovery supervision.—
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(1) If a member of the commission or a duly authorized
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representative of the commission has reasonable grounds to
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believe that an offender who is on release supervision under s.
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947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
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violated the terms and conditions of the release in a material
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respect, such member or representative may cause a warrant to be
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issued for the arrest of the releasee; if the offender was found
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to be a sexual predator, the warrant must be issued.
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(2) Upon the arrest on a felony charge of an offender who
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is on release supervision under s. 947.1405, s. 947.146, s.
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947.148, s. 947.149, or s. 944.4731, the offender must be
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detained without bond until the initial appearance of the
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offender at which a judicial determination of probable cause is
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made. If the trial court judge determines that there was no
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probable cause for the arrest, the offender may be released. If
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the trial court judge determines that there was probable cause
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for the arrest, such determination also constitutes reasonable
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grounds to believe that the offender violated the conditions of
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the release. Within 24 hours after the trial court judge's
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finding of probable cause, the detention facility administrator
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or designee shall notify the commission and the department of
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the finding and transmit to each a facsimile copy of the
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probable cause affidavit or the sworn offense report upon which
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the trial court judge's probable cause determination is based.
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The offender must continue to be detained without bond for a
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period not exceeding 72 hours excluding weekends and holidays
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after the date of the probable cause determination, pending a
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decision by the commission whether to issue a warrant charging
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the offender with violation of the conditions of release. Upon
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the issuance of the commission's warrant, the offender must
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continue to be held in custody pending a revocation hearing held
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in accordance with this section.
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(3) Within 45 days after notice to the Florida Commission
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on Offender Review of the arrest of a releasee charged with a
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violation of the terms and conditions of conditional release,
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control release, conditional geriatric release, conditional
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medical release, or addiction-recovery supervision, the releasee
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must be afforded a hearing conducted by a commissioner or a duly
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authorized representative thereof. If the releasee elects to
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proceed with a hearing, the releasee must be informed orally and
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in writing of the following:
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(a) The alleged violation with which the releasee is
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charged.
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(b) The releasee's right to be represented by counsel.
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(c) The releasee's right to be heard in person.
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(d) The releasee's right to secure, present, and compel
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the attendance of witnesses relevant to the proceeding.
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(e) The releasee's right to produce documents on the
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releasee's own behalf.
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(f) The releasee's right of access to all evidence used
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against the releasee and to confront and cross-examine adverse
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witnesses.
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(g) The releasee's right to waive the hearing.
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(4) Within a reasonable time following the hearing, the
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commissioner or the commissioner's duly authorized
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representative who conducted the hearing shall make findings of
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fact in regard to the alleged violation. A panel of no fewer
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than two commissioners shall enter an order determining whether
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the charge of violation of conditional release, control release,
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conditional geriatric release, conditional medical release, or
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addiction-recovery supervision has been sustained based upon the
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findings of fact presented by the hearing commissioner or
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authorized representative. By such order, the panel may revoke
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conditional release, control release, conditional geriatric
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release, conditional medical release, or addiction-recovery
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supervision and thereby return the releasee to prison to serve
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the sentence imposed, reinstate the original order granting the
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release, or enter such other order as it considers proper.
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Effective for inmates whose offenses were committed on or after
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July 1, 1995, the panel may order the placement of a releasee,
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upon a finding of violation pursuant to this subsection, into a
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local detention facility as a condition of supervision.
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(5) Effective for inmates whose offenses were committed on
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or after July 1, 1995, notwithstanding the provisions of ss.
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775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
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951.23, or any other law to the contrary, by such order as
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provided in subsection (4), the panel, upon a finding of guilt,
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may, as a condition of continued supervision, place the releasee
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in a local detention facility for a period of incarceration not
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to exceed 22 months. Prior to the expiration of the term of
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incarceration, or upon recommendation of the chief correctional
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officer of that county, the commission shall cause inquiry into
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the inmate's release plan and custody status in the detention
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facility and consider whether to restore the inmate to
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supervision, modify the conditions of supervision, or enter an
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order of revocation, thereby causing the return of the inmate to
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prison to serve the sentence imposed. The provisions of this
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section do not prohibit the panel from entering such other order
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or conducting any investigation that it deems proper. The
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commission may only place a person in a local detention facility
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pursuant to this section if there is a contractual agreement
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between the chief correctional officer of that county and the
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Department of Corrections. The agreement must provide for a per
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diem reimbursement for each person placed under this section,
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which is payable by the Department of Corrections for the
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duration of the offender's placement in the facility. This
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section does not limit the commission's ability to place a
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person in a local detention facility for less than 1 year.
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(6) Whenever a conditional release, control release,
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conditional geriatric release, conditional medical release, or
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addiction-recovery supervision is revoked by a panel of no fewer
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than two commissioners and the releasee is ordered to be
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returned to prison, the releasee, by reason of the misconduct,
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shall be deemed to have forfeited all gain-time or commutation
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of time for good conduct, as provided for by law, earned up to
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the date of release. However, if a conditional medical release
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is revoked due to the improved medical or physical condition of
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the releasee, the releasee shall not forfeit gain-time accrued
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before the date of conditional medical release. This subsection
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does not deprive the prisoner of the right to gain-time or
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commutation of time for good conduct, as provided by law, from
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the date of return to prison.
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(7) If a law enforcement officer has probable cause to
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believe that an offender who is on release supervision under s.
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947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has
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violated the terms and conditions of his or her release by
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committing a felony offense, the officer shall arrest the
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offender without a warrant, and a warrant need not be issued in
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the case.
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Section 4. This act shall take effect July 1, 2026.