Senate Bill 2284

Senate Bill sb2284c1

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    Florida Senate - 2004                           CS for SB 2284

    By the Committee on Criminal Justice; and Senators Villalobos,
    Haridopolos, Crist, Argenziano, Fasano and Smith




    307-2545-04

  1                      A bill to be entitled

  2         An act relating to probation and community

  3         control; amending s. 944.473, F.S.; providing

  4         additional criteria for mandated participation

  5         in a substance abuse program; requiring that

  6         substance abuse treatment be considered a basic

  7         support service in the release orientation

  8         program for certain offenders; amending s.

  9         944.705, F.S.; requiring that substance abuse

10         treatment be included as part of the release

11         orientation program for certain inmates;

12         amending s. 947.22, F.S.; requiring law

13         enforcement officers to assist probation

14         officers in making warrantless arrests;

15         amending s. 948.03, F.S., relating to terms and

16         conditions of probation or community control;

17         providing additional requirements for offenders

18         who have been incarcerated for controlled

19         substance violations; providing additional

20         requirements for random substance abuse

21         testing; authorizing the Department of

22         Corrections to order electronic monitoring as a

23         reporting requirement; amending s. 948.032,

24         F.S.; clarifying the responsibilities of the

25         defendant to prove his or her ability to pay

26         restitution; amending s. 948.06, F.S.;

27         requiring law enforcement officers to assist

28         probation officers in making warrantless

29         arrests; providing for tolling of a

30         probationary period upon a warrantless arrest;

31         authorizing use of a notification letter of a

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    Florida Senate - 2004                           CS for SB 2284
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 1         technical violation of a term of probation or

 2         community control; requiring the department to

 3         provide the court with recommendations

 4         concerning the disposition of an offender who

 5         has violated probation or community control;

 6         specifying the factors to be considered by the

 7         department in making its recommendation;

 8         requiring submission of a statement regarding

 9         the offender's ability to pay; creating s.

10         948.061, F.S.; requiring the Department of

11         Corrections to develop a risk assessment and

12         alert system to monitor certain offenders

13         placed on probation or community control;

14         requiring increased supervision of such

15         offenders under certain circumstances;

16         requiring that information be provided to the

17         court by the correctional probation officer;

18         creating s. 948.062, F.S.; requiring the

19         Department of Corrections to review the

20         circumstances of certain arrests of offenders

21         on probation or community control; requiring

22         the Office of Program Policy Analysis and

23         Government Accountability to analyze the

24         reviews and report to the President of the

25         Senate and the Speaker of the House of

26         Representatives; providing legislative findings

27         with respect to the necessity for increased

28         supervision of high-risk offenders who violate

29         community supervision; requesting that the

30         Supreme Court amend a Rule of Criminal

31         Procedure to require that certain offenders

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 1         arrested for a violation of probation or

 2         community control be detained while awaiting a

 3         hearing on the violation; creating s. 903.0473,

 4         F.S.; permitting the court to order appearance

 5         bonds for probationers; providing effective

 6         dates.

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Subsection (2) of section 944.473, Florida

11  Statutes, is amended to read:

12         944.473  Inmate substance abuse testing program.--

13         (2)  SUBSTANCE ABUSE TREATMENT PROGRAMS.--

14         (a)  An inmate who meets the criteria established by

15  the department shall participate in substance abuse program

16  services when such services are available. A right to

17  substance abuse program services is not stated, intended, or

18  otherwise implied by this chapter.

19         (b)  Upon arrival at a department's reception center

20  for initial processing, each inmate shall be screened and

21  assessed to determine if the inmate meets the department's

22  criteria for mandated participation in a substance-abuse

23  program. Criteria for mandated substance abuse program

24  services shall be based on:

25         1.  The presence of a diagnosed psychoactive substance

26  dependence or use disorder;

27         2.  The severity of the addiction;

28         3.  A history of criminal behavior related to substance

29  abuse;

30         4.  A recommendation by a sentencing authority for

31  substance abuse program services;

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 1         5.  Unsuccessful participation in community-based

 2  substance abuse services;

 3         6.  Sentencing by a drug court or drug division; and

 4         7.  Previous substantive or technical violations

 5  related to substance abuse while on community supervision; and

 6         8.7.  Other classification or program criteria that the

 7  department finds will ensure security and optimal program

 8  placement.

 9         (c)  An inmate who has been identified as needing

10  substance abuse treatment pursuant to this section and who has

11  not been provided an opportunity to receive such treatment

12  while incarcerated shall be automatically identified by the

13  department as needing substance abuse treatment as a basic

14  support service in the release orientation program pursuant to

15  s. 944.705.

16         (d)(c)  When selecting contract providers to administer

17  substance abuse treatment programs, the department shall make

18  every effort to consider qualified faith-based service groups

19  on an equal basis with other private organizations.

20         Section 2.  Section 944.705, Florida Statutes, is

21  amended to read:

22         944.705  Release orientation program.--

23         (1)  The department shall provide participation in a

24  standardized release orientation program to every eligible

25  inmate.

26         (2)  The release orientation program instruction must

27  include, but is not limited to:

28         (a)  Employment skills.

29         (b)  Money management skills.

30         (c)  Personal development and planning.

31         (d)  Special needs.

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 1         (e)  Community reentry concerns.

 2         (f)  Community reentry support.

 3         (g)  Any other appropriate instruction to ensure the

 4  inmate's successful reentry into the community.

 5         (3)  Any inmate who claims to be a victim of domestic

 6  violence as defined in s. 741.28 shall receive, as part of the

 7  release orientation program, referral to the nearest domestic

 8  violence center certified under chapter 39.

 9         (4)  Any inmate who demonstrates a history of substance

10  abuse or addiction shall receive as part of the release

11  orientation program referral to the nearest community

12  substance abuse program.

13         (5)(4)  The department shall conduct a needs assessment

14  of every inmate to determine which, if any, basic support

15  services the inmate needs after release. Substance abuse

16  treatment shall be deemed a basic support service for any

17  inmate who has been identified as needing substance abuse

18  treatment pursuant to s. 944.473 and who has not been provided

19  an opportunity to receive such treatment while incarcerated.

20         (6)(5)  The department may contract with public or

21  private entities, including faith-based service groups, for

22  the provision of all or part of the services pursuant to this

23  section.

24         (7)(6)(a)  The department shall notify every inmate, in

25  no less than 18-point type in the inmate's release documents,

26  that the inmate may be sentenced pursuant to s. 775.082(9) if

27  the inmate commits any felony offense described in s.

28  775.082(9) within 3 years after the inmate's release. This

29  notice must be prefaced by the word "WARNING" in boldfaced

30  type.

31  

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 1         (b)  Nothing in this section precludes the sentencing

 2  of a person pursuant to s. 775.082(9), nor shall evidence that

 3  the department failed to provide this notice prohibit a person

 4  from being sentenced pursuant to s. 775.082(9).  The state

 5  shall not be required to demonstrate that a person received

 6  any notice from the department in order for the court to

 7  impose a sentence pursuant to s. 775.082(9).

 8         Section 3.  Subsection (2) of section 947.22, Florida

 9  Statutes, is amended to read:

10         947.22  Authority to arrest parole violators with or

11  without warrant.--

12         (2)  Any parole and probation officer, when she or he

13  has reasonable ground to believe that a parolee, control

14  releasee, or conditional releasee has violated the terms and

15  conditions of her or his parole, control release, or

16  conditional release in a material respect, has the right to

17  arrest or request any law enforcement officer to arrest the

18  releasee or parolee without warrant and bring her or him

19  forthwith before one or more commissioners or a duly

20  authorized representative of the Parole Commission or Control

21  Release Authority; and proceedings shall thereupon be had as

22  provided herein when a warrant has been issued by a member of

23  the commission or authority or a duly authorized

24  representative of the commission or authority. Local law

25  enforcement officers shall assist the probation officer, upon

26  request, in making warrantless arrests, taking the offender

27  into custody and transporting the offender to the county jail.

28         Section 4.  Subsections (1) and (3) of section 948.03,

29  Florida Statutes, as amended by section 136 of chapter

30  2003-402, Laws of Florida, are amended to read:

31  

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    Florida Senate - 2004                           CS for SB 2284
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 1         948.03  Terms and conditions of probation or community

 2  control.--

 3         (1)  The court shall determine the terms and conditions

 4  of probation or community control.  Conditions specified in

 5  paragraphs (a)-(n) (a)-(m) do not require oral pronouncement

 6  at the time of sentencing and may be considered standard

 7  conditions of probation. Conditions specified in paragraphs

 8  (a)-(n) (a)-(m) and (2)(a) do not require oral pronouncement

 9  at sentencing and may be considered standard conditions of

10  community control.  These conditions may include among them

11  the following, that the probationer or offender in community

12  control shall:

13         (a)  Report to the probation officers and parole

14  supervisors as directed. The offender shall provide to the

15  probation officer a full, truthful, and complete written

16  report each month. The report must include, but need not be

17  limited to, the offender's employment status, monthly

18  earnings, and financial ability. At the discretion of the

19  department, the reporting requirement may include electronic

20  monitoring.

21         (b)  Permit such officers supervisors to visit him or

22  her at his or her home or elsewhere.

23         (c)  Work faithfully at suitable employment insofar as

24  may be possible.

25         (d)  Remain within a specified place.

26         (e)  Make reparation or restitution to the aggrieved

27  party for the damage or loss caused by his or her offense in

28  an amount to be determined by the court.  The court shall make

29  such reparation or restitution a condition of probation,

30  unless it determines that clear and compelling reasons exist

31  to the contrary. If the court does not order restitution, or

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 1  orders restitution of only a portion of the damages, as

 2  provided in s. 775.089, it shall state on the record in detail

 3  the reasons therefor.

 4         (f)  Effective July 1, 1994, and applicable for

 5  offenses committed on or after that date, make payment of the

 6  debt due and owing to a county or municipal detention facility

 7  under s. 951.032 for medical care, treatment, hospitalization,

 8  or transportation received by the felony probationer while in

 9  that detention facility. The court, in determining whether to

10  order such repayment and the amount of such repayment, shall

11  consider the amount of the debt, whether there was any fault

12  of the institution for the medical expenses incurred, the

13  financial resources of the felony probationer, the present and

14  potential future financial needs and earning ability of the

15  probationer, and dependents, and other appropriate factors.

16         (g)  Support his or her legal dependents to the best of

17  his or her ability.

18         (h)  Make payment of the debt due and owing to the

19  state under s. 960.17, subject to modification based on change

20  of circumstances.

21         (i)  Pay any application fee assessed under s.

22  27.52(2)(a) and attorney's fees and costs assessed under s.

23  938.29, subject to modification based on change of

24  circumstances.

25         (j)  Not associate with persons engaged in criminal

26  activities.

27         (k)1.  Submit to random testing as directed by the

28  correctional probation officer or the professional staff of

29  the treatment center where he or she is receiving treatment to

30  determine the presence or use of alcohol or controlled

31  substances.

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 1         2.  If the offense was a controlled substance violation

 2  and the period of probation immediately follows a period of

 3  incarceration in the state correction system or if the offense

 4  was a controlled substance violation and the offender had a

 5  previous term of imprisonment for a

 6  controlled-substance-related offense, the conditions shall

 7  include a requirement that the offender submit to random

 8  substance abuse testing intermittently throughout the term of

 9  supervision, upon the direction of the correctional probation

10  officer as defined in s. 943.10(3).

11         (l)  Be prohibited from possessing, carrying, or owning

12  any firearm unless authorized by the court and consented to by

13  the probation officer.

14         (m)  Be prohibited from using intoxicants to excess or

15  using or possessing a controlled substance or drug any drugs

16  or narcotics unless prescribed by a physician. The probationer

17  or community controllee shall not knowingly visit places where

18  intoxicants, drugs, or other dangerous substances are

19  unlawfully sold, dispensed, or used.

20         (n)  Remain at liberty without violating the law.

21         (o)(n)  Attend an HIV/AIDS awareness program consisting

22  of a class of not less than 2 hours or more than 4 hours in

23  length, the cost for which shall be paid by the offender, if

24  such a program is available in the county of the offender's

25  residence.

26         (p)(o)  Pay not more than $1 per month during the term

27  of probation or community control to a nonprofit organization

28  established for the sole purpose of supplementing the

29  rehabilitative efforts of the Department of Corrections.

30         (3)(a)1.  The Department of Corrections may, at its

31  discretion, instruct an offender to submit to electronic

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 1  monitoring electronically monitor an offender sentenced to

 2  community control. In such cases, the electronic monitoring

 3  shall be considered to be supervisory instructions

 4  implementing the standard condition of supervision requiring

 5  the offender to report to probation officers as directed. This

 6  subparagraph does not limit the judge's discretion to order

 7  electronic monitoring in appropriate cases.

 8         2.  The Department of Corrections shall electronically

 9  monitor an offender sentenced to criminal quarantine community

10  control 24 hours per day.

11         (b)  Any offender placed on community control who

12  violates the terms and conditions of community control and is

13  restored to community control may be supervised by means of an

14  electronic monitoring device or system.

15         (c)  For those offenders being electronically

16  monitored, the Department of Corrections shall develop

17  procedures to determine, investigate, and report the

18  offender's noncompliance with the terms and conditions of

19  sentence 24 hours per day.  All reports of noncompliance shall

20  be immediately investigated by a community control officer.

21         (d)  The Department of Corrections may contract with

22  local law enforcement agencies to assist in the location and

23  apprehension of offenders who are in noncompliance as reported

24  by the electronic monitoring system. This contract is intended

25  to provide the department a means for providing immediate

26  investigation of noncompliance reports, especially after

27  normal office hours.

28         Section 5.  Section 948.032, Florida Statutes, is

29  amended to read:

30         948.032  Condition of probation; restitution.--If a

31  defendant is placed on probation, any restitution ordered

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 1  under s. 775.089 shall be a condition of the probation. The

 2  court may revoke probation if the defendant fails to comply

 3  with the order.  In determining whether to revoke probation,

 4  the court shall consider the defendant's employment status,

 5  earning ability, and financial resources; the willfulness of

 6  the defendant's failure to pay; and any other special

 7  circumstances that may have a bearing on the defendant's

 8  ability to pay. As provided in s. 948.06(5), it shall be the

 9  responsibility of the defendant to prove his or her inability

10  to pay restitution ordered by the court.

11         Section 6.  Effective July 1, 2004, and applicable to

12  offenses committed on or after that date, section 948.06,

13  Florida Statutes, is amended to read:

14         948.06  Violation of probation or community control;

15  revocation; modification; continuance; failure to pay

16  restitution or cost of supervision.--

17         (1)(a)  Whenever within the period of probation or

18  community control there are reasonable grounds to believe that

19  a probationer or offender in community control has violated

20  his or her probation or community control in a material

21  respect, any law enforcement officer who is aware of the

22  probationary or community control status of the probationer or

23  offender in community control or any parole or probation

24  supervisor may arrest or request any county or municipal law

25  enforcement officer to arrest such probationer or offender

26  without warrant wherever found and forthwith return him or her

27  to the court granting such probation or community control.

28  Local law enforcement officers shall assist the probation

29  officer, upon request, in making warrantless arrests, taking

30  offenders into custody, and transporting offenders to the

31  county jail.

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 1         (b)  Any committing magistrate may issue a warrant,

 2  upon the facts being made known to him or her by affidavit of

 3  one having knowledge of such facts, for the arrest of the

 4  probationer or offender, returnable forthwith before the court

 5  granting such probation or community control.

 6         (c)  Any parole or probation supervisor, any officer

 7  authorized to serve criminal process, or any peace officer of

 8  this state is authorized to serve and execute such warrant.

 9         (d)  Upon the filing of an affidavit alleging a

10  violation of probation or community control and following

11  issuance of a warrant under s. 901.02 or upon a warrantless

12  arrest, the probationary period is tolled until the court

13  enters a ruling on the violation. Notwithstanding the tolling

14  of probation as provided in this subsection, the court shall

15  retain jurisdiction over the offender for any violation of the

16  conditions of probation or community control that is alleged

17  to have occurred during the tolling period. The probation

18  officer is permitted to continue to supervise any offender who

19  remains available to the officer for supervision until the

20  supervision expires pursuant to the order of probation or

21  community control or until the court revokes or terminates the

22  probation or community control, whichever comes first.

23         (2)(a)  The court, upon the probationer or offender

24  being brought before it, shall advise him or her of such

25  charge of violation and, if such charge is admitted to be

26  true, may forthwith revoke, modify, or continue the probation

27  or community control or place the probationer into a community

28  control program.

29         (b)  If probation or community control is revoked, the

30  court shall adjudge the probationer or offender guilty of the

31  offense charged and proven or admitted, unless he or she has

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 1  previously been adjudged guilty, and impose any sentence which

 2  it might have originally imposed before placing the

 3  probationer on probation or the offender into community

 4  control.

 5         (c)  If such violation of probation or community

 6  control is not admitted by the probationer or offender, the

 7  court may commit him or her or release him or her with or

 8  without bail to await further hearing, or it may dismiss the

 9  charge of probation or community control violation.

10         (d)  If such charge is not at that time admitted by the

11  probationer or offender and if it is not dismissed, the court,

12  as soon as may be practicable, shall give the probationer or

13  offender an opportunity to be fully heard on his or her behalf

14  in person or by counsel.

15         (e)  After such hearing, the court may revoke, modify,

16  or continue the probation or community control or place the

17  probationer into community control. If such probation or

18  community control is revoked, the court shall adjudge the

19  probationer or offender guilty of the offense charged and

20  proven or admitted, unless he or she has previously been

21  adjudged guilty, and impose any sentence which it might have

22  originally imposed before placing the probationer or offender

23  on probation or into community control.

24         (f)  Notwithstanding s. 775.082, when a period of

25  probation or community control has been tolled, upon

26  revocation or modification of the probation or community

27  control, the court may impose a sanction with a term that when

28  combined with the amount of supervision served and tolled,

29  exceeds the term permissible pursuant to s. 775.082 for a term

30  up to the amount of the tolled period supervision.

31  

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 1         (g)  If the court dismisses an affidavit alleging a

 2  violation of probation or community control, the offender's

 3  probation or community control shall continue as previously

 4  imposed, and the offender shall receive credit for all tolled

 5  time against his or her term of probation or community

 6  control.

 7         (h)  The chief judge of each judicial circuit may

 8  direct the department to use a notification letter of a

 9  technical violation in lieu of a violation report, affidavit,

10  and warrant when the violation is not a new felony offense.

11  Such direction must be in writing and specify the types of

12  specific violations which are to be reported by a notification

13  letter of a technical violation, any exceptions, the required

14  process for submission, and the actions that the court intends

15  to take in response to the notification. At the direction of

16  the chief judge, the department shall send the notification

17  letter of a technical violation to the court.

18         (i)1.  For each case in which the offender admits to

19  committing a violation or is found to have committed a

20  violation, the department shall provide the court with a

21  recommendation as to disposition by the court. The department

22  shall make a written determination as to the reasons for its

23  recommendation, and shall include an evaluation of the

24  following factors:

25         a.  The appropriateness or inappropriateness of

26  community facilities, programs, or services for treatment or

27  supervision of the offender.

28         b.  The ability or inability of the department to

29  provide an adequate level of supervision of the offender in

30  the community and a statement of what constitutes an adequate

31  level of supervision.

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 1         c.  The existence of other treatment modalities that

 2  the offender could use but that do not currently exist in the

 3  community.

 4         2.  The report must also include a summary of the

 5  offender's prior supervision history, including the offender's

 6  prior participation in treatment, educational, and vocational

 7  programs, and any other actions or circumstances of the

 8  offender which are relevant.

 9         3.  The court may specify whether the report must be

10  oral or written and may waive the requirement for a report in

11  an individual case or a class of cases. This paragraph does

12  not prohibit the department from making any other report or

13  recommendation that is provided for by law or requested by the

14  court.

15         (3)(2)(a)  When any state or local law enforcement

16  agency investigates or arrests a person for committing, or

17  attempting, soliciting, or conspiring to commit, a violation

18  of  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 827.071,

19  s. 847.0133, s. 847.0135, or s. 847.0145, the law enforcement

20  agency shall contact the Department of Corrections to verify

21  whether the person under investigation or under arrest is on

22  probation, community control, parole, conditional release, or

23  control release.

24         (b)  If the law enforcement agency finds that the

25  person under investigation or under arrest is on probation,

26  community control, parole, conditional release, or control

27  release, the law enforcement agency shall immediately notify

28  the person's probation officer or release supervisor of the

29  investigation or the arrest.

30         (3)  When the court imposes a subsequent term of

31  supervision following a revocation of probation or community

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 1  control, it shall not provide credit for time served while on

 2  probation or community control toward any subsequent term of

 3  probation or community control. However, the court may not

 4  impose a subsequent term of probation or community control

 5  which, when combined with any amount of time served on

 6  preceding terms of probation or community control for offenses

 7  before the court for sentencing, would exceed the maximum

 8  penalty allowable as provided by s. 775.082. No part of the

 9  time that the defendant is on probation or in community

10  control shall be considered as any part of the time that he or

11  she shall be sentenced to serve.

12         (4)  Notwithstanding any other provision of this

13  section, a probationer or an offender in community control who

14  is arrested for violating his or her probation or community

15  control in a material respect may be taken before the court in

16  the county or circuit in which the probationer or offender was

17  arrested. That court shall advise him or her of such charge of

18  a violation and, if such charge is admitted, shall cause him

19  or her to be brought before the court which granted the

20  probation or community control.

21         (a)  If such violation is not admitted by the

22  probationer or offender, the court may commit him or her or

23  release him or her with or without bail to await further

24  hearing. The court, as soon as is practicable, shall give the

25  probationer or offender an opportunity to be fully heard on

26  his or her behalf in person or by counsel.

27         (b)  After such hearing, the court shall make findings

28  of fact and forward the findings to the court which granted

29  the probation or community control and to the probationer or

30  offender or his or her attorney. The findings of fact by the

31  hearing court are binding on the court which granted the

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 1  probation or community control.  Upon the probationer or

 2  offender being brought before it, the court which granted the

 3  probation or community control may revoke, modify, or continue

 4  the probation or community control or may place the

 5  probationer into community control as provided in this

 6  section.

 7         (5)  Whenever the department submits a violation report

 8  to the court for failure to pay court-ordered obligations, the

 9  department shall include a statement by the probationer or

10  offender on community control concerning his or her ability to

11  pay. In any hearing in which the failure of a probationer or

12  offender in community control to pay restitution or the cost

13  of supervision as provided in s. 948.09, as directed, is

14  established by the state, if the probationer or offender

15  asserts his or her inability to pay restitution or the cost of

16  supervision, it is incumbent upon the probationer or offender

17  to prove by clear and convincing evidence that he or she does

18  not have the present resources available to pay restitution or

19  the cost of supervision despite sufficient bona fide efforts

20  legally to acquire the resources to do so. If the probationer

21  or offender cannot pay restitution or the cost of supervision

22  despite sufficient bona fide efforts, the court shall consider

23  alternate measures of punishment other than imprisonment. Only

24  if alternate measures are not adequate to meet the state's

25  interests in punishment and deterrence may the court imprison

26  a probationer or offender in community control who has

27  demonstrated sufficient bona fide efforts to pay restitution

28  or the cost of supervision.

29         (6)  Any parolee in a community control program who has

30  allegedly violated the terms and conditions of such placement

31  is subject to the provisions of ss. 947.22 and 947.23.

                                  17

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 1         (7)  Any provision of law to the contrary

 2  notwithstanding, whenever probation, community control, or

 3  control release, including the probationary, community control

 4  portion of a split sentence, is violated and the probation or

 5  community control is revoked, the offender, by reason of his

 6  or her misconduct, shall be deemed to have forfeited all

 7  gain-time or commutation of time for good conduct, as provided

 8  by law, earned up to the date of his or her release on

 9  probation, community control, or control release. This

10  subsection does not deprive the prisoner of his or her right

11  to gain-time or commutation of time for good conduct, as

12  provided by law, from the date on which the prisoner is

13  returned to prison. However, if a prisoner is sentenced to

14  incarceration following termination from a drug punishment

15  program imposed as a condition of probation, the sentence may

16  include incarceration without the possibility of gain-time or

17  early release for the period of time remaining in his or her

18  treatment program placement term.

19         Section 7.  Section 948.061, Florida Statutes, is

20  created to read:

21         948.061  Identifying, assessing, and monitoring certain

22  high-risk offenders on community supervision; providing

23  cumulative criminal and supervision histories to the court.--

24         (1)  By December 1, 2004, the department shall develop

25  a graduated risk assessment and alert system that continuously

26  identifies, assesses, and closely monitors the population of

27  offenders placed on probation or community control who have:

28         (a)  Previously been placed on probation or community

29  control and who have a history of committing multiple

30  community supervision violations in this state or in other

31  

                                  18

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    Florida Senate - 2004                           CS for SB 2284
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 1  jurisdictions or who have previously been incarcerated in this

 2  state or in other jurisdictions; and

 3         (b)  Have experienced more than one of the following

 4  risk factors that could potentially make the offender more

 5  likely to pose a danger to others:

 6         1.  Attempted suicide or severe depression;

 7         2.  Marital instability or history of domestic

 8  violence;

 9         3.  History of substance abuse;

10         4.  Unemployment or substantial financial difficulties;

11         5.  History of violence, particularly involving

12  strangers; or

13         6.  Any other risk factor identified by the department.

14         (2)  Recognizing that there may be a propensity for

15  these offenders with extensive criminal histories and multiple

16  risk factors to pose a serious threat to the community, the

17  department shall consider the cumulative impact of these risk

18  factors and, if necessary, place these offenders on an

19  elevated alert status and provide the highest level of

20  supervision available for these offenders until the situation

21  stabilizes and the department no longer believes that the

22  offender poses a threat to others. In providing such

23  supervision and surveillance, the department shall increase

24  the number of office and home visits conducted by the

25  correctional probation officer; expand the number of and type

26  of employment, family, community, and neighborhood contacts by

27  the correctional probation officer; increase referrals to

28  available community mental health facilities and community

29  assistance programs; develop emergency communication plans and

30  alert systems for law enforcement agencies and the court in

31  order to quickly detain the offender in response to a

                                  19

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    Florida Senate - 2004                           CS for SB 2284
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 1  violation; and prioritize its resources in order to more

 2  closely monitor the offender's activities in an effort to

 3  prevent escalating criminal behavior.

 4         (3)  In providing criminal history and background

 5  information to the court on these complex and high-risk cases,

 6  the correctional probation officer shall provide to the court

 7  in each report submitted to the court and at every hearing

 8  before the court a clear, complete, and concise cumulative and

 9  integrated chronology of the offender's criminal history and

10  prior terms of community supervision, including all

11  substantive or technical violations of community supervision.

12         Section 8.  Section 948.062, Florida Statutes, is

13  created to read:

14         948.062  Reviewing and reporting serious offenses

15  committed by offenders placed on community supervision.--

16         (1)  The department shall review the circumstances

17  related to offenders placed on community supervision who have

18  been arrested while on supervision for the following serious

19  offenses:

20         (a)  Any murder as provided in s. 782.04;

21         (b)  Any sexual battery as provided in s. 794.011 or s.

22  794.023;

23         (c)  Any sexual performance by a child as provided in

24  s. 827.071;

25         (d)  Any kidnapping, false imprisonment, or luring of a

26  child as provided in s. 787.01, s. 782.07, or s. 787.025;

27         (e)  Any lewd and lascivious battery or lewd and

28  lascivious molestation as provided in s. 800.04(4) or s.

29  800.04(5);

30         (f)  Any aggravated child abuse as provided in s.

31  827.03(2);

                                  20

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 1         (g)  Any robbery with a firearm or other deadly weapon,

 2  home invasion robbery, or carjacking as provided in s.

 3  812.13(2)(a), s. 812.135, or s. 812.133;

 4         (h)  Any aggravated stalking as provided in s.

 5  784.048(3), (4), or (5);

 6         (i)  Any forcible felony as provided in s. 776.08

 7  committed by any person under community supervision designated

 8  as a sexual predator; or

 9         (j)  Any DUI manslaughter as provided in s.

10  316.193(3)(c), or vehicular or vessel homicide as provided in

11  s. 782.071 or s. 787.072, committed by any person under

12  community supervision for an offense involving death or injury

13  resulting from a driving incident.

14  

15  The review shall document whether the supervision of the

16  offender met enumerated rules, policies, and procedures and

17  whether supervision practices were followed.

18         (2)  On an annual basis, the department shall provide

19  these reviews to the Office of Program Policy Analysis and

20  Government Accountability. The Office of Program Policy

21  Analysis and Government Accountability shall annually analyze

22  these reviews and provide a written report to the President of

23  the Senate and the Speaker of the House of Representatives.

24  The report must include, at a minimum, any identified systemic

25  deficiencies in managing high-risk offenders on community

26  supervision and the judicial disposition of such offenders;

27  any patterns of noncompliance by correctional probation

28  officers and any inconsistent or inefficient judicial case

29  processing for offenders who have violated community

30  supervision; and recommendations for improving the community

31  supervision program.

                                  21

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    Florida Senate - 2004                           CS for SB 2284
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 1         Section 9.  (1)  The 2004 Legislature closely examined

 2  chapter 948, Florida Statutes, to address certain critical

 3  public safety concerns and substantive policy issues involving

 4  offenders who violate probation or community control. The

 5  Legislature has carefully scrutinized the effectiveness of the

 6  state's community supervision system and concluded that the

 7  system should increase the level of supervision of high-risk

 8  offenders who violate community supervision. The Legislature

 9  finds there may be a propensity for such offenders with

10  extensive criminal histories and multiple risk factors to pose

11  a serious threat to the community. In addition, the

12  Legislature finds that the system should consider the

13  cumulative impact of such histories and factors and quickly

14  detain offenders alleged to be in violation of community

15  supervision in order to protect the public and prevent

16  escalating criminal behavior.

17         (2)(a)  Therefore, the Legislature strongly urges the

18  Florida Supreme Court to amend the concomitant Rule of

19  Criminal Procedure which sets forth the procedures the lower

20  courts must follow when considering bail in cases of

21  violations of probation and community control.

22         (b)  As the Supreme Court opined in Bernhardt v. State,

23  288 So. 490 (Fla. 1974), release on bail pending revocation of

24  probation is not a constitutional right. However, the

25  Legislature recognizes that it is the prerogative of the

26  Supreme Court to act in the area of practice and procedure.

27  The Legislature, therefore, recommends that the Supreme Court

28  consider making the following revision to Rule 3.790 regarding

29  bail in certain cases involving a violation of community

30  supervision.

31  

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 1         (c)  In particular, the Supreme Court is requested to

 2  amend its rule to require that a probationer or community

 3  controllee who is arrested on an alleged violation, regardless

 4  of adjudication in the underlying offense, be detained while

 5  awaiting a hearing before the court that granted the probation

 6  or community control, if the offense for which the probationer

 7  or community controllee is currently on probation or community

 8  control is a forcible felony or if the probationer or

 9  community controllee has previously been convicted of a

10  forcible felony as provided in section 776.08, Florida

11  Statutes.

12         Section 10.  Section 903.0473, Florida Statutes, is

13  created to read:

14         903.0473  Probation appearance bond.--As a condition of

15  any probation, community control, or other court-ordered

16  community supervision authorized pursuant to chapter 948, the

17  court may order the posting of a bond to secure the appearance

18  of the defendant at any subsequent court proceeding. The

19  appearance bond shall be filed by a bail agent with the

20  sheriff who shall provide a copy to the clerk of court. Upon

21  72 hours' notice by the court or the clerk of court, the bail

22  agent shall produce the person on probation, community

23  control, or other court-ordered community supervision to the

24  court. The bail agent shall surrender to the sheriff a person

25  on probation, community control, or court-ordered community

26  supervision upon notice by the probation officer that the

27  person has violated the terms of probation, community control,

28  or court-ordered community supervision. If the bail agent

29  fails to produce the defendant in court at the time noticed by

30  the court or the clerk of court, the bond shall be estreated

31  and forfeited according to the procedures set forth in this

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    Florida Senate - 2004                           CS for SB 2284
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 1  chapter and chapter 648. Failure to appear shall be the sole

 2  grounds for forfeiture and estreature of the appearance bond.

 3  Where not inconsistent with this subsection, this chapter and

 4  chapter 648 shall regulate the relationship between the bail

 5  agent and probationer.

 6         Section 11.  Except as otherwise expressly provided in

 7  this act, this act shall take effect upon becoming a law.

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    Florida Senate - 2004                           CS for SB 2284
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2284

 3                                 

 4  -    The original bill doubled community sanction violation
         points in the sentencing score sheet. This has been
 5       removed in the PCS.

 6  -    The original bill mandated the court impose prospectively
         a mandatory minimum 5-year prison sentence on certain
 7       repeat probation or community control violators who
         commit a forcible felony. This has been removed in the
 8       PCS.

 9  -    The original bill required an interagency agreement
         between DOC and FDLE to develop an electronic
10       notification process to provide critical and timely
         offender information to prosecutors when newly released
11       inmates get rearrested. This has been removed in the PCS.

12  -    The original bill required a drug test to be given to
         certain probationers no less than once every 45 days.
13       This has been removed in the PCS.

14  -    The original bill required the DOC inspector general to
         review cases when probationers committed violent crimes
15       while on probation and determine whether the department
         was in compliance within 10 business days of the arrest.
16       The requirement for IG involvement and the time
         restriction are removed, but the requirement is intact in
17       the PCS.

18  -    The CS contains added provisions that requires law
         enforcement officers to assist in warrantless arrests.
19  
    -    The CS contains an added provision that authorizes the
20       Department of Corrections to order electronic monitoring
         as a reporting requirement.
21  
    -    The CS contains an added provision that clarifies that it
22       is the responsibility of the offender to prove his or her
         inability to pay restitution ordered by the court.
23  
    -    The CS contains an added provision that permits the
24       department to use a notification letter in lieu of a
         violation report when so directed by the chief judge.
25  
    -    The CS contains an added provision that requires the
26       department to provide to the court a recommendation
         concerning the disposition of an offender who admits to
27       committing a violation or who is found to have committed
         a violation.
28  
    -    Creates s. 903.0473, F.S., authorizing the court to order
29       the posting of an appearance bond for offenders on
         community supervision. The appearance bond must be filed
30       by a bail bond agent. The section provides for the bail
         bond agent to produce the offender upon notice by a
31       probation officer of a probation violation or within 72
         hours of a request by the court.
                                  25

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Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2019 State of Florida.