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Conditional Release - 1st offense

SB 838: First Offense Conditional Release Pilot Program - Perry

HB 745: First Offense Conditional Release Pilot Program - Garcia

What does this mean?

After serving 20 yrs on their FIRST conviction, offender may be eligible for conditional release. They must be D.R. free for 5 years. They will remain on home confinement with electronic monitoring for 2 years following release.

The following offenses are NOT eligible:

  • 775.084(1)(c) offenses

  • 3 time violent felony offender

  • sexual offender

 Florida Senate - 2024                                     SB 838
       By Senator Perry
       9-01562A-24                                            2024838__
    1                        A bill to be entitled                      
    2         An act relating to first offense conditional release
    3         pilot program; creating s. 947.1406, F.S.; creating a
    4         pilot program for conditional release of certain
    5         first-time offenders; providing program requirements;
    6         providing for conditions of release; requiring a
    7         report; providing for termination of admittance to the
    8         program by a specified date, unless the program is
    9         renewed by the Legislature; providing for inmates
   10         admitted to the program before the termination of
   11         admittance; amending ss. 947.1405 and 947.141, F.S.;
   12         conforming provisions to changes made by the act;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 947.1406, Florida Statutes, is created
   18  to read:
   19         947.1406 First offense conditional release pilot program.—
   20         (1) A person who has served 20 years or more incarcerated
   21  in a state correctional facility, who has no other felony
   22  convictions in any jurisdiction, other than convictions that
   23  have arisen out of the same incident or transaction as the
   24  sentence currently being served, and who has not had any
   25  disciplinary reports in the past 5 years, unless otherwise
   26  provided by law, may be eligible for conditional release unless
   27  he or she has been convicted of and is currently serving a
   28  sentence for the commission of, an attempt to commit, or a
   29  conspiracy to commit any of the following:
   30         (a) An offense specified in s. 775.084(1)(c), excluding s.
   31  782.04(3) relating to felony murder; or
   32         (b) An offense that requires a person to register as a
   33  sexual predator under s. 775.21 or a sexual offender under s.
   34  943.0435.
   35         (2) Such a person may be released under the procedures and
   36  restrictions provided under s. 947.1405, except as otherwise
   37  provided in this section.
   38         (3) An inmate released under this section:
   39         (a) Must have, for purposes of processing him or her under
   40  s. 947.1405, a provisional release date of 90 days following the
   41  completion of 20 years of confinement.
   42         (b) An inmate released under this section must remain at
   43  his or her residence except for employment, medical care, and
   44  other necessary activities as determined by the commission for a
   45  period of 2 years following his or her release. Such an inmate
   46  may be electronically monitored as provided in s. 947.1405. If
   47  the inmate has no violations of his or her release conditions
   48  during that period, he or she may be placed on a less
   49  restrictive release as determined by the commission.
   50         (4) The commission shall submit a report to the Governor,
   51  the President of the Senate, and the Speaker of the House of
   52  Representatives no later than January 2, 2027, concerning the
   53  success of the program. Factors to be considered include
   54  successful integration of inmates into their communities and the
   55  ability of inmates to finish the remainder of their sentences
   56  under house arrest.
   57         (5) Admittance to this program shall terminate June 30,
   58  2027, unless the program is reviewed and saved from repeal
   59  through reenactment by the Legislature. Inmates in the program
   60  as of the termination of admission date may remain in the
   61  program until they have completed their sentences as long as
   62  they comply with its terms.
   63         Section 2. Subsection (1) of section 947.1405, Florida
   64  Statutes, is amended to read:
   65         947.1405 Conditional release program.—
   66         (1) This section, s. 947.1406, and s. 947.141 may be cited
   67  as the “Conditional Release Program Act.”
   68         Section 3. Subsections (1), (2), and (7) of section
   69  947.141, Florida Statutes, are amended to read:
   70         947.141 Violations of conditional release, control release,
   71  or conditional medical release or addiction-recovery
   72  supervision.—
   73         (1) If a member of the commission or a duly authorized
   74  representative of the commission has reasonable grounds to
   75  believe that an offender who is on release supervision under s.
   76  947.1405, s. 947.1406, s. 947.146, s. 947.149, or s. 944.4731
   77  has violated the terms and conditions of the release in a
   78  material respect, such member or representative may cause a
   79  warrant to be issued for the arrest of the releasee; if the
   80  offender was found to be a sexual predator, the warrant must be
   81  issued.
   82         (2) Upon the arrest on a felony charge of an offender who
   83  is on release supervision under s. 947.1405, s. 947.1406, s.
   84  947.146, s. 947.149, or s. 944.4731, the offender must be
   85  detained without bond until the initial appearance of the
   86  offender at which a judicial determination of probable cause is
   87  made. If the trial court judge determines that there was no
   88  probable cause for the arrest, the offender may be released. If
   89  the trial court judge determines that there was probable cause
   90  for the arrest, such determination also constitutes reasonable
   91  grounds to believe that the offender violated the conditions of
   92  the release. Within 24 hours after the trial court judge’s
   93  finding of probable cause, the detention facility administrator
   94  or designee shall notify the commission and the department of
   95  the finding and transmit to each a facsimile copy of the
   96  probable cause affidavit or the sworn offense report upon which
   97  the trial court judge’s probable cause determination is based.
   98  The offender must continue to be detained without bond for a
   99  period not exceeding 72 hours excluding weekends and holidays
  100  after the date of the probable cause determination, pending a
  101  decision by the commission whether to issue a warrant charging
  102  the offender with violation of the conditions of release. Upon
  103  the issuance of the commission’s warrant, the offender must
  104  continue to be held in custody pending a revocation hearing held
  105  in accordance with this section.
  106         (7) If a law enforcement officer has probable cause to
  107  believe that an offender who is on release supervision under s.
  108  947.1405, s. 947.1406, s. 947.146, s. 947.149, or s. 944.4731
  109  has violated the terms and conditions of his or her release by
  110  committing a felony offense, the officer shall arrest the
  111  offender without a warrant, and a warrant need not be issued in
  112  the case.
  113         Section 4. This act shall take effect July 1, 2024.

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