Florida Statute 947.149 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 947
FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE

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F.S. 947.149

947.149 Conditional medical release.—

(1) The commission shall, in conjunction with the department, establish the conditional medical release program. An inmate is eligible for consideration for release under the conditional medical release program when the inmate, because of an existing medical or physical condition, is determined by the department to be within one of the following designations:

(a) “Permanently incapacitated inmate,” which means an inmate who has a condition caused by injury, disease, or illness which, to a reasonable degree of medical certainty, renders the inmate permanently and irreversibly physically incapacitated to the extent that the inmate does not constitute a danger to herself or himself or others.

(b) “Terminally ill inmate,” which means an inmate who has a condition caused by injury, disease, or illness which, to a reasonable degree of medical certainty, renders the inmate terminally ill to the extent that there can be no recovery and death is imminent, so that the inmate does not constitute a danger to herself or himself or others.

(2) Notwithstanding any provision to the contrary, any person determined eligible under this section and sentenced to the custody of the department may, upon referral by the department, be considered for conditional medical release by the commission, in addition to any parole consideration for which the inmate may be considered, except that conditional medical release is not authorized for an inmate who is under sentence of death. No inmate has a right to conditional medical release or to a medical evaluation to determine eligibility for such release.

(3) The authority and whether or not to grant conditional medical release and establish additional conditions of conditional medical release rests solely within the discretion of the commission, in accordance with the provisions of this section, together with the authority to approve the release plan to include necessary medical care and attention. The department shall identify inmates who may be eligible for conditional medical release based upon available medical information and shall refer them to the commission for consideration. In considering an inmate for conditional medical release, the commission may require that additional medical evidence be produced or that additional medical examinations be conducted, and may require such other investigations to be made as may be warranted.

(4) The conditional medical release term of an inmate released on conditional medical release is for the remainder of the inmate’s sentence, without diminution of sentence for good behavior. Supervision of the medical releasee must include periodic medical evaluations at intervals determined by the commission at the time of release.

(5)(a) If it is discovered during the conditional medical release that the medical or physical condition of the medical releasee has improved to the extent that she or he would no longer be eligible for conditional medical release under this section, the commission may order that the releasee be returned to the custody of the department for a conditional medical release revocation hearing, in accordance with s. 947.141. If conditional medical release is revoked due to improvement in the medical or physical condition of the releasee, she or he shall serve the balance of her or his sentence with credit for the time served on conditional medical release and without forfeiture of any gain-time accrued prior to conditional medical release. If the person whose conditional medical release is revoked due to an improvement in medical or physical condition would otherwise be eligible for parole or any other release program, the person may be considered for such release program pursuant to law.

(b) In addition to revocation of conditional medical release pursuant to paragraph (a), conditional medical release may also be revoked for violation of any condition of the release established by the commission, in accordance with s. 947.141, and the releasee’s gain-time may be forfeited pursuant to s. 944.28(1).

(6) The department and the commission shall adopt rules as necessary to implement the conditional medical release program.

History.—s. 16, ch. 92-310; s. 2, ch. 94-121; s. 1672, ch. 97-102.

F.S. 947.149 on Google Scholar

F.S. 947.149 on Casetext

Amendments to 947.149

Arrestable Offenses / Crimes under Fla. Stat. 947.149

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 947.149.

Annotations, Discussions, Cases:

Cases Citing Statute 947.149

Total Results: 20

JOHN J. CONNOLLY, JR. v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-12

Snippet: granted conditional medical release. See § 947.149, Fla. Stat. (2020).

State of Florida v. Ridge Gabriel

Court: Supreme Court of Florida | Date Filed: 2021-04-08

Snippet: clemency or conditional medical release under s. 947.149. § 921.0024(2), Fla. Stat. (2012). The first

James Mobley v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-16

Citation: 263 So. 3d 117

Snippet: or conditional medical release under [section] 947.149, prior to serving the minimum sentence” to the

Cortez Hatten v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-08-25

Citation: 203 So. 3d 142, 41 Fla. L. Weekly Supp. 352, 2016 Fla. LEXIS 1910

Snippet: clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

Begley v. Florida Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2016-07-13

Citation: 196 So. 3d 510, 2016 Fla. App. LEXIS 10701

Snippet: 1983 or conditional medical release under section 947.149, Florida Statutes. See Davis v. Bay County Jail

Begley v. Dept. of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2016-07-13

Snippet: or conditional medical release under section 947.149, Florida Statutes. See Davis v. Bay County Jail

Antony Deshawn Melvin v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-10-20

Citation: 177 So. 3d 648

Snippet: clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum sentence

Kemar Rochester v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-06-05

Citation: 140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Snippet: clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum term of

Rigueiro v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-12-18

Citation: 132 So. 3d 853, 2013 WL 6636137, 2013 Fla. App. LEXIS 19957

Snippet: clemency or conditional medical release under s. 947.149. Here, the lowest permissible sentence did exceed

State v. Phillips

Court: Supreme Court of Florida | Date Filed: 2013-04-04

Citation: 119 So. 3d 1233, 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042

Snippet: as conditional medical releases under section 947.149, Florida Statutes. Due Process “[Cjivil commitment

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-01-21

Citation: 53 So. 3d 360, 2011 Fla. App. LEXIS 231, 2011 WL 180368

Snippet: or conditional medical release under section 947.149, prior to serving the minimum sentence. Johnson

LeBoeuf v. McNeil

Court: District Court of Appeal of Florida | Date Filed: 2010-12-03

Citation: 49 So. 3d 328, 2010 Fla. App. LEXIS 18356, 2010 WL 4909636

Snippet: authorized by sections 944.28(1), 947.141, and 947.149, Florida Statutes. However, the circuit court’s

Mendenhall v. State

Court: Supreme Court of Florida | Date Filed: 2010-10-28

Citation: 48 So. 3d 740, 35 Fla. L. Weekly Supp. 631, 2010 Fla. LEXIS 1788, 2010 WL 4237573

Snippet: clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence. § 775.087(2)(b)

M.A.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-22

Citation: 67 So. 3d 232, 2010 Fla. App. LEXIS 14002

Snippet: clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum sentence

MAR v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-22

Citation: 67 So. 3d 232, 2010 WL 3655501

Snippet: clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum sentence

Montgomery v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-06-11

Citation: 36 So. 3d 188, 2010 Fla. App. LEXIS 8247, 2010 WL 2330419

Snippet: clemency or conditional medical release under s. 947.149," prior to serving the minimum sentence). See also

Mastay v. McDonough

Court: District Court of Appeal of Florida | Date Filed: 2006-05-11

Citation: 928 So. 2d 512, 2006 Fla. App. LEXIS 7164, 2006 WL 1272557

Snippet: clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum term of

Franco v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-01-31

Citation: 777 So. 2d 1138, 2001 WL 87826

Snippet: clemency, or conditional medical release under s. 947.149. (emphasis added). Appellant, who was fifteen years

Jackson v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-09-28

Citation: 729 So. 2d 947, 1998 WL 658269

Snippet: clemency, or conditional medical release under s. 947.149. (2) For purposes of this section, the previous

McAlhany v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-08-12

Citation: 718 So. 2d 840, 1998 Fla. App. LEXIS 10317, 1998 WL 466792

Snippet: seek a conditional medical release under section 947.149, Florida Statutes (1997) and Florida Administrative