HB 745 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to first offense conditional release 2
pilot program; creating s. 947.1406, F.S.; creating 3
for a pilot program for conditional release of certain 4
first-time offenders; providing program requirements; 5
providing for conditions of release; requiring a 6
report; providing for termination of admissions to the 7
program by a specified date unless renewed by the 8
Legislature; providing for inmates admitted to t he 9
program before admissions terminated; amending ss. 10
947.1405 and 947.141, F.S.; conforming provisions to 11
changes made by the act; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Section 947.1406 , Florida Statutes, is created 16
to read: 17
947.1406 First offense conditional release pilot program. — 18
(1) A person who has served 20 years or more incarcerated 19
in a state correctional facility, who has no other felony 20
convictions in any jurisdiction, othe r than convictions that 21
have arisen out of the same incident or transaction as the 22
sentence currently being served, and who has not had any 23
disciplinary reports in the past 5 years, unless otherwise 24
provided by law, may be eligible for conditional release unless 25
HB 745 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
he or she has been convicted of and is currently serving a 26
sentence for the commission of, an attempt to commit, or a 27
conspiracy to commit any of the following: 28
(a) An offense specified in s. 775.084(1)(c), excluding s. 29
782.04(3) relating to felon y murder; or 30
(b) An offense that requires a person to register as a 31
sexual predator under s. 775.21 or a sexual offender under s. 32
943.0435. 33
(2) Such a person may be released under the procedures and 34
restrictions provided under s. 947.1405, except as ot herwise 35
provided in this section. 36
(3) An inmate released under this section: 37
(a) Shall have, for purposes of processing him or her 38
under s. 947.1405, a provisional release date of 90 days 39
following the completion of 20 years of confinement. 40
(b) An inmate released under this section shall remain at 41
his or her residence except for employment, medical care, and 42
other necessary activities as determined by the commission for a 43
period of 2 years following his or her release. Such an inmate 44
may be electronically monitored as provided in s. 947.1405. If 45
the inmate has no violations of his or her release conditions 46
during that period, he or she may be placed on a less 47
restrictive release as determined by the commission. 48
(4) The commission shall provide a repo rt to the Governor, 49
the President of the Senate, and the Speaker of the House of 50
HB 745 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Representatives no later than January 2, 2027, concerning the 51
success of the program. Factors to be considered include 52
successful integration of inmates into their communities and the 53
ability of inmates to finish the remainder of their sentence 54
under house arrest. 55
(5) Admittance to this program shall terminate June 30, 56
2027, unless the program is reviewed and saved from repeal 57
through reenactment by the Legislature. Inmates i n the program 58
as of the termination of admission date may remain in the 59
program until they have completed their sentences as long as 60
they comply with its terms. 61
Section 2. Subsection (1) of section 947.1405, Florida 62
Statutes, is amended to read: 63
947.1405 Conditional release program. — 64
(1) This section, s. 947.1406, and s. 947.141 may be cited 65
as the "Conditional Release Program Act." 66
Section 3. Subsections (1), (2), and (7) of section 67
947.141, Florida Statutes, are amended to read: 68
947.141 Violations of conditional release, control 69
release, or conditional medical release or addiction -recovery 70
supervision.— 71
(1) If a member of the commission or a duly authorized 72
representative of the commission has reasonable grounds to 73
believe that an offe nder who is on release supervision under s. 74
947.1405, s. 947.1406, s. 947.146, s. 947.149, or s. 944.4731 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
has violated the terms and conditions of the release in a 76
material respect, such member or representative may cause a 77
warrant to be issued for the arr est of the releasee; if the 78
offender was found to be a sexual predator, the warrant must be 79
issued. 80
(2) Upon the arrest on a felony charge of an offender who 81
is on release supervision under s. 947.1405, s. 947.1406, s. 82
947.146, s. 947.149, or s. 944.4731 , the offender must be 83
detained without bond until the initial appearance of the 84
offender at which a judicial determination of probable cause is 85
made. If the trial court judge determines that there was no 86
probable cause for the arrest, the offender may be released. If 87
the trial court judge determines that there was probable cause 88
for the arrest, such determination also constitutes reasonable 89
grounds to believe that the offender violated the conditions of 90
the release. Within 24 hours after the trial court ju dge's 91
finding of probable cause, the detention facility administrator 92
or designee shall notify the commission and the department of 93
the finding and transmit to each a facsimile copy of the 94
probable cause affidavit or the sworn offense report upon which 95
the trial court judge's probable cause determination is based. 96
The offender must continue to be detained without bond for a 97
period not exceeding 72 hours excluding weekends and holidays 98
after the date of the probable cause determination, pending a 99
decision by the commission whether to issue a warrant charging 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the offender with violation of the conditions of release. Upon 101
the issuance of the commission's warrant, the offender must 102
continue to be held in custody pending a revocation hearing held 103
in accordance with this section. 104
(7) If a law enforcement officer has probable cause to 105
believe that an offender who is on release supervision under s. 106
947.1405, s. 947.1406, s. 947.146, s. 947.149, or s. 944.4731 107
has violated the terms and conditions of his or her rele ase by 108
committing a felony offense, the officer shall arrest the 109
offender without a warrant, and a warrant need not be issued in 110
the case. 111
Section 4. This act shall take effect July 1, 2024. 112