Florida SB 622: Health Care Facility Regulation

Bill Text

622 
Conditional Geriatric Release 
2025-11-20T05:46:10Z 
Requiring the Florida Commission on Offender Review, in conjunction with the Department of Corrections, to establish the conditional geriatric release program; requiring the commission to consider any evidence relevant to public safety; authorizing the commission to consider the continued cost to the department to house the inmate, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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