The Compassionate Release Act
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The Compassionate Release Act
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Introduction
The Compassionate Release Act is a pivotal step toward humane sentencing reform in the state of Florida that would position the state as a leader in compassionate justice by addressing gaps in existing frameworks. Florida's current "conditional medical release" is limited to nonviolent offenders deemed permanently incapacitated or terminally ill, and lacks robust retroactive provisions.
This proposed bill aims to address the needs of all incarcerated individuals suffering from terminal illnesses, or severe physical or mental disabilities, by providing them an opportunity to request sentence modifications. By balancing the principles of justice with compassion, the Act not only seeks to alleviate undue suffering but also aligns with the state’s interest in cost-effective and ethically sound criminal justice practices.
Consider the example of Allan Brash. Alan grew up in the rough and tough housing projects of South Boston. Like many young men there, he idolized the Irish mobsters who hung in the local pubs and taverns with their flashy lifestyles - the money, the women, the cars. To join their ranks, he committed a murder in his early twenties. Now, forty years later, early onset Alzheimer's is erasing his mind. His mental condition is quickly deteriorating, and soon he will not even understand why he is imprisoned. His sister is willing to assume the burden of his constant care, but the state refuses to release him. Many others face similarly debilitating conditions - some physical, some mental - yet the state insists on extracting its full measure of punishment, serving no purpose beyond retribution. It’s time to ask: Is this justice, or is it cruelty?
This legislation creates a humane pathway for terminally ill or severely disabled inmates to seek sentence modification. It addresses gaps in Florida's current system by:
- Providing retroactive application
- Including all offenders regardless of crime type
- Balancing justice with compassion
Why This Is Needed
- Humanitarian: Prevents unnecessary suffering for severely ill/disabled inmates
- Cost-Effective: Reduces expensive medical incarceration costs
- Safe: Requires demonstration of no public safety threat
- Judicial Oversight: Maintains court review of all cases
National Context
Florida is an outlier - most states already have compassionate release programs:
- California: Terminal illness with ≤6 month prognosis
- New York: Medical parole program
- Texas: Medically Recommended Intensive Supervision
- Federal System: Compassionate release since 1984
Key Provisions
Eligibility Criteria
- Terminal Illness: ≤3 year life expectancy
- Severe Disability: Permanent impairment requiring substantial care
Required Documentation
- Medical certification from qualified physician
- Detailed care plan including housing and medical arrangements
- Proof of no public safety threat
Process Safeguards
- Court hearing within 90 days of filing
- Medical record verification
- Annual reapplication if denied
Conclusion
The proposed Compassionate Release Act in Florida represents a significant step towards creating a more humane and fiscally responsible criminal justice system. By allowing for the release of terminally ill or severely disabled individuals, the Act aims to reduce unnecessary suffering, lower healthcare costs, and align Florida with other progressive states. The statute is drafted with a number of safety precautions to ensure that public safety is prioritized during the process. The retroactive application of the act broadens its reach and potential impact within the prison system. The Act clearly identifies the importance of not just fairness, but also compassion, dignity, and pragmatism in the penal system.
Full text of the proposed bill.
Statutory Text
HB - 0000, SB - 000
A bill to be entitled
The Compassionate Release Act, creating s. 921.1404, F.S.; providing for its retroactive application; providing an effective date.
Be it enacted by the legislature of the State of Florida:
Section 1. Section 921, 1404, Florida Statutes, is created to read:
Section 921.1404, Compassionate Release Act.
(1) Definitions. - As used in this section:
(a) "Competent medical authority" means:
1. A physician licensed under chapter 458 or chapter 459 who is:
a. Employed by the Department of Corrections or its contracted healthcare provider; or
b. A specialist in the relevant field of medicine who has provided care to the offender; and
2. Has personally examined the offender within 90 days prior to the submission of the medical certification.
(b) "Terminal illness" means an incurable condition that will likely:
1. Result in death within three years; and
2. Is caused by illness or disease and not as a result of trauma.
(c) "Activities of Daily Living" (ADLs) means eating, bathing, dressing, toileting, transferring.
(d) "Instrumental Activities of Daily Living" (IADLs) means cooking, cleaning, shopping, managing finances, using transportation.
(e) "Cognitive function" means memory, attention, judgment, decision-making.
(f) "Physical mobility" meand walking, standing, sitting, climbing stairs.
(c) "Physical disability" means a severe, permanent, and irreversible physical impairment that:
1. Significantly diminishes the ability to perform ADLs; and
2. Requires substantial assistance from others to perform IADLs.
(d) "Mental disability" means a severe mental impairment that:
1. Is permanent and irreversible based on current medical knowledge;
2. Is documented through standardized cognitive testing and clinical evaluation by qualified medical authorities;
3. Significantly diminishes the person's ability to:
a. Understand and process information;
b. Communicate effectively;
c. Make rational decisions about daily living; or
d. Control behavior and impulses;
4. Requires substantial assistance or supervision for protection of the person or others; and
5. Results in the person having insufficient ability to:
a. Plan and execute criminal acts;
b. Maintain relationships necessary for criminal enterprise; or
c. Pose a credible threat to public safety.
(2) Any offender who is diagnosed with a terminal illness and is given a life expectancy of 3 years or less by competent medical authorities, or who becomes physically or mentally disabled while incarcerated, may move the court of original jurisdiction to modify his or her sentence.
(3) If the offender offers evidence in the motion for modification of sentence and the required documentation that he or she suffers from a terminal illness, or is physically or mentally disabled, as defined in this section, and is not a threat to society, the court shall hold a hearing to weigh the evidence within 90 days of the filing date.
(4) Required Documentation. - A motion for modification under this section must include:
(a) Medical certification, which shall include:
1. A written statement from a competent medical authority on a form provided by the Department of Corrections or an official letterhead including the medical authority's credentials and contact information, certifying:
a. The specific terminal illness, physical disability, or mental disability;
b. The prognosis, including estimated life expectancy if terminal;
c. The level of care required; and
d. Whether the condition significantly diminishes the risk of future criminal behavior.
2. Supporting documentation including:
a. Relevant diagnostic test results;
b. Recent medical records from the past 12 months;
c. Treatment plans and medications; and
d. Any relevant specialist consultations.
e. A sworn affidavit from the competent medical authority attesting to the accuracy and completeness of the submitted medical documentation.
(b) A release of medical information form signed by the offender or his or her legal representative to enable the court to review copies of relevant medical records, including treatment plans, hospital records, and diagnostic test results that substantiate the diagnosis and prognosis..
(c) A proposed care plan if released, including:
1. Where the offender will reside;
2. How medical care will be provided and funded;
3. The identity of designated caregivers; and
4. Contact information for healthcare providers who have agreed to provide care.
(5) Verification and Updates.
(a) The Department of Corrections shall respond to any request for authentication of medical records within 10 days of receipt of the request.
(b) If more than 60 days pass between the medical certification and the hearing date, updated medical documentation must be provided.
(6)Second Opinion: (Optional) At the court's discretion, a second opinion from another competent medical authority may be required for verification purposes.
(7) If the court grants the motion for modification, it shall convert the sentence to a term of probation equalling the time remaining to be served in prison and/or on probation.
(8) If the court denies the motion for modification, no appeal is permitted, but the offender may move the court yearly thereafter.
(9) The Department of Corrections shall:
(a) Develop standardized forms for submission to the courts.
(b) Track release outcomes in compassionate release cases.
(b) Separately monitor recidivism rates in compassionate release cases.
(c)Calculate cost savings for the department.
(d)Assess impact on prison healthcare system.
(10) This section shall apply retroactively.
(11) This section shall take effect July 1, 2026.
Frequently Asked Questions
Frequently Asked Questions
Q. What is the primary objective of the proposed Compassionate Release Act in Florida?
A. The primary goal of the Compassionate Release Act is to establish a legal avenue for incarcerated individuals who are suffering from terminal illnesses, severe physical disabilities, or severe mental disabilities to petition for a modification of their sentence. It aims to balance justice with compassion while also being fiscally responsible, recognizing that continued incarceration may cause undue suffering and place an unnecessary burden on the state’s resources. The Act also addresses limitations in Florida’s existing conditional medical release framework, which is not retroactive and has a narrower scope.
Q. How does the Compassionate Release Act define "terminal illness," "physical disability," and "mental disability," and why are these definitions significant?
A. The Act provides specific definitions to clarify eligibility:
- Terminal illness: An incurable condition, caused by illness or disease (not trauma) that will likely result in death within three years.
- Physical disability: A severe, permanent, and irreversible impairment that significantly diminishes the ability to perform basic Activities of Daily Living (ADLs) such as eating, bathing, and dressing and requires substantial assistance with Instrumental Activities of Daily Living (IADLs) like cooking and managing finances.
- Mental Disability: A severe and permanent mental impairment, documented by cognitive testing and clinical evaluation, that significantly impacts the person's ability to understand information, communicate, make rational decisions, or control their behavior and impulses, and that must also result in the person not being a threat to the public.
These definitions are crucial because they establish the criteria for determining who qualifies for compassionate release and ensure that the law is applied consistently and that the criteria address public safety. By making these definitions detailed and specific, the Act seeks to limit who qualifies for release only to those for whom continued incarceration serves no purpose.
Q. What are the primary factors that a court must consider when evaluating a motion for compassionate release?
A. When evaluating a motion, the court must consider if:
- The offender meets the criteria for either a terminal illness, physical disability, or mental disability as defined by the act.
- The offender is not a threat to the public, based on the severity of their condition, including if their condition “significantly diminishes the risk of future criminal behavior”.
- The medical documentation provided from a "competent medical authority" is complete and accurate. This includes a prognosis, estimated life expectancy if terminal, required level of care, and a statement on whether the condition diminishes future risk of criminal behavior.
- A proposed care plan is viable and outlines where the offender will live, how medical care will be funded, and the identity of the designated caregivers, along with their contact information.
The court is required to weigh the evidence and hold a hearing within 90 days of the filing date of the motion, but only if these criteria have been met.
Q. What is the role of "competent medical authority" in the Compassionate Release process?
A "competent medical authority" plays a central role, as they must provide the medical certification required in a motion for modification. The authority must be a physician licensed in Florida who has personally examined the offender within 90 days prior to the submission of the medical certification. They must either be employed by the Department of Corrections (or a contracted provider), or be a specialist in the relevant field who has cared for the offender. The medical certification needs to include a specific diagnosis, prognosis, level of care required, and a statement on whether the condition reduces the risk of future criminal behavior.
Q. How does the Compassionate Release Act address public safety concerns?
A. The Act emphasizes public safety by:
- Requiring offenders to demonstrate that they are not a threat to society as part of the motion to modify their sentence.
- Requiring the medical certification to include whether the medical condition of the offender significantly reduces the risk of future criminal behavior.
- Defining mental disabilities in a way that requires that the person’s condition diminishes their capacity to plan and execute criminal acts.
The court must evaluate not just medical evidence, but evidence of an offender's behavior and condition that makes them a non-threat. These components help to ensure that only those who pose minimal risk to the community are eligible for release.
Q. What specific documentation must be included in a motion for modification of sentence under the proposed Act?
A. A motion for sentence modification must include:
- A medical certification, which must be from a qualified physician ("competent medical authority") who has personally examined the offender within the last 90 days. This must include:
- the specific terminal illness, physical disability, or mental disability;
- the prognosis, including estimated life expectancy if terminal;
- the level of care required; and
- whether the condition significantly diminishes the risk of future criminal behavior.
- Supporting medical documentation, such as diagnostic test results, medical records from the past 12 months, treatment plans, and specialist consultations.
- A release of medical information form, signed by the offender, to allow the court to review relevant medical documentation.
- A proposed care plan that includes the residence for the released offender, how medical care will be provided and funded, the identity of designated caregivers, and their contact information. These provisions are in place to ensure transparency and to allow the courts to make informed decisions.
Q. If a court denies a motion for modification under the Compassionate Release Act, can the offender appeal the decision?
A. No, the Act specifically states that if the court denies the motion for modification, no appeal is permitted. However, the offender is allowed to submit another motion to the court annually. This ensures that the process does not become overly burdened with endless appeals, and allows for annual reconsideration in cases where conditions may have changed.
Q. What are the responsibilities of the Florida Department of Corrections if the Compassionate Release Act is enacted?
A. If the Act becomes law, the Department of Corrections (DOC) is responsible for:
- Developing standardized forms for submission to the courts.
- Responding within 10 days to requests to authenticate medical records.
- Tracking release outcomes in compassionate release cases.
- Separately monitoring recidivism rates in compassionate release cases.
- Calculating cost savings that resulted from the Act.
- Assessing the program's impact on the prison healthcare system.
These tasks are essential for monitoring the Act's effectiveness, ensuring its fiscal impact is understood, and making necessary improvements.