Conditional Geriatric Release

HB 1547 2026

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A bill to be entitled 1
An act relating to conditional geriatric release; 2
creating s. 947.148, F.S.; requiring the Florida 3
Commission on Offender Review, in conjunction with the 4
Department of Corrections, to establish the 5
conditional geriatric release program; specifying 6
eligibility for the program; authorizing persons 7
sentenced to the custody of the department to apply to 8
the commission to be considered for conditional 9
geriatric release within a specified time before 10
reaching eligibility; specifying that a person does 11
not have a right to conditional geriatric release; 12
requiring the commission to consider any evidence 13
relevant to public safety; authorizing the commission 14
to consider the continued cost to the department to 15
house the inmate; specifying that the commission has 16
the sole discretion to determine whether to grant 17
conditional geriatric release; authorizing the 18
revocation of conditional geriatric release for 19
violations of any conditions of release; requiring 20
rulemaking; amending ss. 947.13 and 947.141, F.S.; 21
conforming provisions to changes made by the act; 22
providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25

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26
Section 1. Section 947.148, Florida Statutes, is created 27
to read: 28
947.148 Conditional geriatric release.— 29
(1) The commission shall, in conjunction with the 30
department, establish the conditional geriatric release program. 31
A person in the department's custody is eligible for 32
consideration for release under the conditional geriatric 33
release program when he or she is 65 years of age or older, has 34
served a minimum of 15 years of his or her sentence in the 35
department's custody, and is not under a sentence of death. 36
(2) Notwithstanding any provision to the contrary, a 37
person sentenced to the custody of the department may apply to 38
the commission to be considered for conditional geriatric 39
release up to 2 years before reaching eligibility. The 40
commission may grant a request for conditional geriatric release 41
before the person reaches eligibility status, but a person may 42
not be released until the date he or she becomes eligible. 43
(3) A person does not have a right to conditional 44
geriatric release. 45
(4) In determining whether to grant release under this 46
section, the commission shall consider any evidence relevant to 47
public safety, including, but not limited to, all of the 48
following: 49
(a) The underlying offense. 50

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(b) An inmate's criminal history record. 51
(c) An inmate's disciplinary record while incarcerated. 52
(d) Indications of rehabilitation. 53
(e) An inmate's physical and mental health, including his 54
or her mobility. 55
(f) An inmate's prospects and support system upon release. 56
57
The commission may also consider the continued cost to the 58
department to house the inmate; however, no such consideration 59
can outweigh public safety threats. 60
(5) The authority to determine whether to grant 61
conditional geriatric release and establish additional 62
conditions of conditional geriatric release rests solely within 63
the discretion of the commission, in accordance with this 64
section. 65
(6) The conditional geriatric release term of an inmate 66
released under this section is for the remainder of the inmate's 67
sentence, without diminution of sentence for good behavior. 68
(7) Conditional geriatric release may be revoked in 69
accordance with s. 947.141 for a violation of any condition of 70
the release established by the commission, and the releasee's 71
gain-time may be forfeited pursuant to s. 944.28(1). 72
(8) The department and the commission shall adopt rules to 73
administer this section. 74
Section 2. Paragraph (h) of subsection (1) of section 75

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947.13, Florida Statutes, is amended to read: 76
947.13 Powers and duties of commission.— 77
(1) The commission shall have the powers and perform the 78
duties of: 79
(h) Determining what persons will be released on 80
conditional geriatric release under s. 947.148 or conditional 81
medical release under s. 947.149, establishing the conditions of 82
conditional geriatric release or conditional medical release, 83
and determining whether a person has violated the conditions of 84
conditional geriatric release or conditional medical release and 85
taking action with respect to such a violation. 86
Section 3. Section 947.141, Florida Statutes, is amended 87
to read: 88
947.141 Violations of conditional release, control 89
release, conditional geriatric release, or conditional medical 90
release or addiction-recovery supervision.— 91
(1) If a member of the commission or a duly authorized 92
representative of the commission has reasonable grounds to 93
believe that an offender who is on release supervision under s. 94
947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has 95
violated the terms and conditions of the release in a material 96
respect, such member or representative may cause a warrant to be 97
issued for the arrest of the releasee; if the offender was found 98
to be a sexual predator, the warrant must be issued. 99
(2) Upon the arrest on a felony charge of an offender who 100

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is on release supervision under s. 947.1405, s. 947.146, s. 101
947.148, s. 947.149, or s. 944.4731, the offender must be 102
detained without bond until the initial appearance of the 103
offender at which a judicial determination of probable cause is 104
made. If the trial court judge determines that there was no 105
probable cause for the arrest, the offender may be released. If 106
the trial court judge determines that there was probable cause 107
for the arrest, such determination also constitutes reasonable 108
grounds to believe that the offender violated the conditions of 109
the release. Within 24 hours after the trial court judge's 110
finding of probable cause, the detention facility administrator 111
or designee shall notify the commission and the department of 112
the finding and transmit to each a facsimile copy of the 113
probable cause affidavit or the sworn offense report upon which 114
the trial court judge's probable cause determination is based. 115
The offender must continue to be detained without bond for a 116
period not exceeding 72 hours excluding weekends and holidays 117
after the date of the probable cause determination, pending a 118
decision by the commission whether to issue a warrant charging 119
the offender with violation of the conditions of release. Upon 120
the issuance of the commission's warrant, the offender must 121
continue to be held in custody pending a revocation hearing held 122
in accordance with this section. 123
(3) Within 45 days after notice to the Florida Commission 124
on Offender Review of the arrest of a releasee charged with a 125

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violation of the terms and conditions of conditional release, 126
control release, conditional geriatric release, conditional 127
medical release, or addiction-recovery supervision, the releasee 128
must be afforded a hearing conducted by a commissioner or a duly 129
authorized representative thereof. If the releasee elects to 130
proceed with a hearing, the releasee must be informed orally and 131
in writing of the following: 132
(a) The alleged violation with which the releasee is 133
charged. 134
(b) The releasee's right to be represented by counsel. 135
(c) The releasee's right to be heard in person. 136
(d) The releasee's right to secure, present, and compel 137
the attendance of witnesses relevant to the proceeding. 138
(e) The releasee's right to produce documents on the 139
releasee's own behalf. 140
(f) The releasee's right of access to all evidence used 141
against the releasee and to confront and cross-examine adverse 142
witnesses. 143
(g) The releasee's right to waive the hearing. 144
(4) Within a reasonable time following the hearing, the 145
commissioner or the commissioner's duly authorized 146
representative who conducted the hearing shall make findings of 147
fact in regard to the alleged violation. A panel of no fewer 148
than two commissioners shall enter an order determining whether 149
the charge of violation of conditional release, control release, 150

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conditional geriatric release, conditional medical release, or 151
addiction-recovery supervision has been sustained based upon the 152
findings of fact presented by the hearing commissioner or 153
authorized representative. By such order, the panel may revoke 154
conditional release, control release, conditional geriatric 155
release, conditional medical release, or addiction-recovery 156
supervision and thereby return the releasee to prison to serve 157
the sentence imposed, reinstate the original order granting the 158
release, or enter such other order as it considers proper. 159
Effective for inmates whose offenses were committed on or after 160
July 1, 1995, the panel may order the placement of a releasee, 161
upon a finding of violation pursuant to this subsection, into a 162
local detention facility as a condition of supervision. 163
(5) Effective for inmates whose offenses were committed on 164
or after July 1, 1995, notwithstanding the provisions of ss. 165
775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and 166
951.23, or any other law to the contrary, by such order as 167
provided in subsection (4), the panel, upon a finding of guilt, 168
may, as a condition of continued supervision, place the releasee 169
in a local detention facility for a period of incarceration not 170
to exceed 22 months. Prior to the expiration of the term of 171
incarceration, or upon recommendation of the chief correctional 172
officer of that county, the commission shall cause inquiry into 173
the inmate's release plan and custody status in the detention 174
facility and consider whether to restore the inmate to 175

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supervision, modify the conditions of supervision, or enter an 176
order of revocation, thereby causing the return of the inmate to 177
prison to serve the sentence imposed. The provisions of this 178
section do not prohibit the panel from entering such other order 179
or conducting any investigation that it deems proper. The 180
commission may only place a person in a local detention facility 181
pursuant to this section if there is a contractual agreement 182
between the chief correctional officer of that county and the 183
Department of Corrections. The agreement must provide for a per 184
diem reimbursement for each person placed under this section, 185
which is payable by the Department of Corrections for the 186
duration of the offender's placement in the facility. This 187
section does not limit the commission's ability to place a 188
person in a local detention facility for less than 1 year. 189
(6) Whenever a conditional release, control release, 190
conditional geriatric release, conditional medical release, or 191
addiction-recovery supervision is revoked by a panel of no fewer 192
than two commissioners and the releasee is ordered to be 193
returned to prison, the releasee, by reason of the misconduct, 194
shall be deemed to have forfeited all gain-time or commutation 195
of time for good conduct, as provided for by law, earned up to 196
the date of release. However, if a conditional medical release 197
is revoked due to the improved medical or physical condition of 198
the releasee, the releasee shall not forfeit gain-time accrued 199
before the date of conditional medical release. This subsection 200

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does not deprive the prisoner of the right to gain-time or 201
commutation of time for good conduct, as provided by law, from 202
the date of return to prison. 203
(7) If a law enforcement officer has probable cause to 204
believe that an offender who is on release supervision under s. 205
947.1405, s. 947.146, s. 947.148, s. 947.149, or s. 944.4731 has 206
violated the terms and conditions of his or her release by 207
committing a felony offense, the officer shall arrest the 208
offender without a warrant, and a warrant need not be issued in 209
the case. 210
Section 4. This act shall take effect July 1, 2026. 211