Conditional Geriatric Release

Florida Senate
-
2026

SB 622

By
Senator Smith

17-00722-26 2026622__
1 A bill to be entitled
2 An act relating to conditional geriatric release;
3 creating s. 947.148, F.S.; requiring the Florida
4 Commission on Offender Review, in conjunction with the
5 Department of Corrections, to establish the
6 conditional geriatric release program; specifying
7 eligibility for the program; authorizing persons
8 sentenced to the custody of the department to apply to
9 the commission to be considered for conditional
10 geriatric release within a specified time before
11 reaching eligibility; specifying that a person does
12 not have a right to conditional geriatric release;
13 requiring the commission to consider any evidence
14 relevant to public safety; authorizing the commission
15 to consider the continued cost to the department to
16 house the inmate; specifying that the commission has
17 the sole discretion to determine whether to grant
18 conditional geriatric release; authorizing the
19 revocation of conditional geriatric release for
20 violations of any conditions of release; requiring
21 rulemaking; amending ss. 947.13 and 947.141, F.S.;
22 conforming provisions to changes made by the act;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 947.148, Florida Statutes, is created to
28 read:
29
947.148
Conditional geriatric release
.—

30
(1)

The commission shall, in conjunction with the

31
department, establish the conditional geriatric release program.

32
A person in the department’s custody is eligible for

33
consideration for release under the conditional geriatric

34
release program when he or she is 65 years of age or older, has

35
served a minimum of 15 years of his or her sentence in the

36
department’s custody, and is not under a sentence of death.

37
(2)

Notwithstanding any provision to the contrary, a person

38
sentenced to the custody of the department may apply to the

39
commission to be considered for conditional geriatric release up

40
to 2 years before reaching eligibility. The commission may grant

41
a request for conditional geriatric release before the person

42
reaches eligibility status, but a person may not be released

43
until the date he or she becomes eligible.

44
(3)

A person does not have a right to conditional geriatric

45
release.

46
(4)

In determining whether to grant release under this

47
section, the commission shall consider any evidence relevant to

48
public safety, including, but not limited to, all of the

49
following:

50
(a)

The underlying offense.

51
(b)

An inmate’s criminal history record.

52
(c)

An inmate’s disciplinary record while incarcerated.

53
(d)

Indications of rehabilitation.

54
(e)

An inmate’s physical and mental health, including his

55
or her mobility.

56
(f)

An inmate’s prospects and support system upon release.

57
58
The commission may also consider the continued cost to the

59
department to house the inmate; however, no such consideration

60
can outweigh public safety threats.

61
(5)

The authority to determine whether to grant conditional

62
geriatric release and establish additional conditions of

63
conditional geriatric release rests solely within the discretion

64
of the commission, in accordance with this 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
75 947.13, 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,
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 to
87 read:
88 947.141 Violations of conditional release, control release,
89
conditional geriatric release,
or conditional medical release or
90 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 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 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 the
137 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
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 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 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.