November 18, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 2284

Senate Bill sb2284e1

CODING: Words stricken are deletions; words underlined are additions.




    CS for SB 2284                                 First Engrossed



  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


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 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


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 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; amending s. 948.09,

 6         F.S.; authorizing the department to contract

 7         for collection of electronic monitoring fees;

 8         providing effective dates.

 9  

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

11  

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

13  Statutes, is amended to read:

14         944.473  Inmate substance abuse testing program.--

15         (2)  SUBSTANCE ABUSE TREATMENT PROGRAMS.--

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

17  the department shall participate in substance abuse program

18  services when such services are available. A right to

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

20  otherwise implied by this chapter.

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

22  for initial processing, each inmate shall be screened and

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

24  criteria for mandated participation in a substance-abuse

25  program. Criteria for mandated substance abuse program

26  services shall be based on:

27         1.  The presence of a diagnosed psychoactive substance

28  dependence or use disorder;

29         2.  The severity of the addiction;

30         3.  A history of criminal behavior related to substance

31  abuse;


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1         4.  A recommendation by a sentencing authority for

 2  substance abuse program services;

 3         5.  Unsuccessful participation in community-based

 4  substance abuse services;

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

 6         7.  Previous substantive or technical violations

 7  related to substance abuse while on community supervision; and

 8         8.7.  Other classification or program criteria that the

 9  department finds will ensure security and optimal program

10  placement.

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

12  substance abuse treatment pursuant to this section and who has

13  not been provided an opportunity to receive such treatment

14  while incarcerated shall be automatically identified by the

15  department as needing substance abuse treatment as a basic

16  support service in the release orientation program pursuant to

17  s. 944.705.

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

19  substance abuse treatment programs, the department shall make

20  every effort to consider qualified faith-based service groups

21  on an equal basis with other private organizations.

22         Section 2.  Section 944.705, Florida Statutes, is

23  amended to read:

24         944.705  Release orientation program.--

25         (1)  The department shall provide participation in a

26  standardized release orientation program to every eligible

27  inmate.

28         (2)  The release orientation program instruction must

29  include, but is not limited to:

30         (a)  Employment skills.

31         (b)  Money management skills.


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1         (c)  Personal development and planning.

 2         (d)  Special needs.

 3         (e)  Community reentry concerns.

 4         (f)  Community reentry support.

 5         (g)  Any other appropriate instruction to ensure the

 6  inmate's successful reentry into the community.

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

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

 9  release orientation program, referral to the nearest domestic

10  violence center certified under chapter 39.

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

12  abuse or addiction shall receive as part of the release

13  orientation program referral to the nearest or most

14  appropriate community substance abuse program.

15         (5)(4)  The department shall conduct a needs assessment

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

17  services the inmate needs after release. Substance abuse

18  treatment shall be deemed a basic support service for any

19  inmate who has been identified as needing substance abuse

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

21  an opportunity to receive such treatment while incarcerated.

22         (6)(5)  The department may contract with public or

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

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

25  section.

26         (7)(6)(a)  The department shall notify every inmate, in

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

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

29  the inmate commits any felony offense described in s.

30  775.082(9) within 3 years after the inmate's release. This

31  


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



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

 2  type.

 3         (b)  Nothing in this section precludes the sentencing

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

 5  the department failed to provide this notice prohibit a person

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

 7  shall not be required to demonstrate that a person received

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

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

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

11  Statutes, is amended to read:

12         947.22  Authority to arrest parole violators with or

13  without warrant.--

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

15  has reasonable ground to believe that a parolee, control

16  releasee, or conditional releasee has violated the terms and

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

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

19  arrest or request any law enforcement officer to arrest the

20  releasee or parolee without warrant and bring her or him

21  forthwith before one or more commissioners or a duly

22  authorized representative of the Parole Commission or Control

23  Release Authority; and proceedings shall thereupon be had as

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

25  the commission or authority or a duly authorized

26  representative of the commission or authority. Local law

27  enforcement officers shall assist the probation officer, upon

28  request, in making warrantless arrests, taking the offender

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

30  

31  


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



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

 2  Florida Statutes, as amended by section 136 of chapter

 3  2003-402, Laws of Florida, are amended to read:

 4         948.03  Terms and conditions of probation or community

 5  control.--

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

 7  of probation or community control.  Conditions specified in

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

 9  at the time of sentencing and may be considered standard

10  conditions of probation. Conditions specified in paragraphs

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

12  at sentencing and may be considered standard conditions of

13  community control.  These conditions may include among them

14  the following, that the probationer or offender in community

15  control shall:

16         (a)  Report to the probation officers and parole

17  supervisors as directed. The offender shall provide to the

18  probation officer a full, truthful, and complete written

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

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

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

22  department, the reporting requirement may include electronic

23  monitoring.

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

25  her at his or her home or elsewhere.

26         (c)  Work faithfully at suitable employment insofar as

27  may be possible.

28         (d)  Remain within a specified place.

29         (e)  Make reparation or restitution to the aggrieved

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

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


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  such reparation or restitution a condition of probation,

 2  unless it determines that clear and compelling reasons exist

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

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

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

 6  the reasons therefor.

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

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

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

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

11  or transportation received by the felony probationer while in

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

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

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

15  of the institution for the medical expenses incurred, the

16  financial resources of the felony probationer, the present and

17  potential future financial needs and earning ability of the

18  probationer, and dependents, and other appropriate factors.

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

20  his or her ability.

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

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

23  of circumstances.

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

25  27.52(2)(a) and attorney's fees and costs assessed under s.

26  938.29, subject to modification based on change of

27  circumstances.

28         (j)  Not associate with persons engaged in criminal

29  activities.

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

31  correctional probation officer or the professional staff of


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



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

 2  determine the presence or use of alcohol or controlled

 3  substances.

 4         2.  If the offense was a controlled substance violation

 5  and the period of probation immediately follows a period of

 6  incarceration in the state correction system or if the offense

 7  was a controlled substance violation and the offender had a

 8  previous term of imprisonment for a

 9  controlled-substance-related offense, the conditions shall

10  include a requirement that the offender submit to substance

11  abuse evaluation and comply with recommendations for

12  treatment, and submit to random substance abuse testing

13  intermittently throughout the term of supervision, upon the

14  direction of the correctional probation officer as defined in

15  s. 943.10(3).

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

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

18  the probation officer.

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

20  using or possessing a controlled substance or drug any drugs

21  or narcotics unless prescribed by a physician. The probationer

22  or community controllee shall not knowingly visit places where

23  intoxicants, drugs, or other dangerous substances are

24  unlawfully sold, dispensed, or used.

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

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

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

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

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

30  residence.

31  


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



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

 2  of probation or community control to a nonprofit organization

 3  established for the sole purpose of supplementing the

 4  rehabilitative efforts of the Department of Corrections.

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

 6  discretion, instruct an offender to submit to electronic

 7  monitoring electronically monitor an offender sentenced to

 8  community control. In such cases, the electronic monitoring

 9  shall be considered to be supervisory instructions

10  implementing the standard condition of supervision requiring

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

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

13  electronic monitoring in appropriate cases.

14         2.  The Department of Corrections shall electronically

15  monitor an offender sentenced to criminal quarantine community

16  control 24 hours per day.

17         (b)  Any offender placed on community control who

18  violates the terms and conditions of community control and is

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

20  electronic monitoring device or system.

21         (c)  For those offenders being electronically

22  monitored, the Department of Corrections shall develop

23  procedures to determine, investigate, and report the

24  offender's noncompliance with the terms and conditions of

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

26  be immediately investigated by a community control officer.

27         (d)  The Department of Corrections may contract with

28  local law enforcement agencies to assist in the location and

29  apprehension of offenders who are in noncompliance as reported

30  by the electronic monitoring system. This contract is intended

31  to provide the department a means for providing immediate


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  investigation of noncompliance reports, especially after

 2  normal office hours.

 3         Section 5.  Section 948.032, Florida Statutes, is

 4  amended to read:

 5         948.032  Condition of probation; restitution.--If a

 6  defendant is placed on probation, any restitution ordered

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

 8  court may revoke probation if the defendant fails to comply

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

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

11  earning ability, and financial resources; the willfulness of

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

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

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

15  responsibility of the defendant to prove his or her inability

16  to pay restitution ordered by the court.

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

18  offenses or violations committed on or after that date,

19  section 948.06, Florida Statutes, is amended to read:

20         948.06  Violation of probation or community control;

21  revocation; modification; continuance; failure to pay

22  restitution or cost of supervision.--

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

24  community control there are reasonable grounds to believe that

25  a probationer or offender in community control has violated

26  his or her probation or community control in a material

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

28  probationary or community control status of the probationer or

29  offender in community control or any parole or probation

30  supervisor may arrest or request any county or municipal law

31  enforcement officer to arrest such probationer or offender


                                  11

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  without warrant wherever found and forthwith return him or her

 2  to the court granting such probation or community control.

 3  Local law enforcement officers shall assist the probation

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

 5  offenders into custody, and transporting offenders to the

 6  county jail.

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

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

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

10  probationer or offender, returnable forthwith before the court

11  granting such probation or community control.

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

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

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

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

16  violation of probation or community control and following

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

18  arrest, the probationary period is tolled until the court

19  enters a ruling on the violation. Notwithstanding the tolling

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

21  retain jurisdiction over the offender for any violation of the

22  conditions of probation or community control that is alleged

23  to have occurred during the tolling period. The probation

24  officer is permitted to continue to supervise any offender who

25  remains available to the officer for supervision until the

26  supervision expires pursuant to the order of probation or

27  community control or until the court revokes or terminates the

28  probation or community control, whichever comes first.

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

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

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


                                  12

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



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

 2  or community control or place the probationer into a community

 3  control program.

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

 5  court shall adjudge the probationer or offender guilty of the

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

 7  previously been adjudged guilty, and impose any sentence which

 8  it might have originally imposed before placing the

 9  probationer on probation or the offender into community

10  control.

11         (c)  If such violation of probation or community

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

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

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

15  charge of probation or community control violation.

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

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

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

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

20  in person or by counsel.

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

22  or continue the probation or community control or place the

23  probationer into community control. If such probation or

24  community control is revoked, the court shall adjudge the

25  probationer or offender guilty of the offense charged and

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

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

28  originally imposed before placing the probationer or offender

29  on probation or into community control.

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

31  probation or community control has been tolled, upon


                                  13

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  revocation or modification of the probation or community

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

 3  combined with the amount of supervision served and tolled,

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

 5  up to the amount of the tolled period supervision.

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

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

 8  probation or community control shall continue as previously

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

10  time against his or her term of probation or community

11  control.

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

13  direct the department to use a notification letter of a

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

15  and warrant when the violation is not a new felony or

16  misdemeanor offense. Such direction must be in writing and

17  specify the types of specific violations which are to be

18  reported by a notification letter of a technical violation,

19  any exceptions, and the required process for submission. At

20  the direction of the chief judge, the department shall send

21  the notification letter of a technical violation to the court.

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

23  committing a violation or is found to have committed a

24  violation, the department shall provide the court with a

25  recommendation as to disposition by the court. The department

26  shall make a determination as to the reasons for its

27  recommendation, and shall include an evaluation of the

28  following factors:

29         a.  The appropriateness or inappropriateness of

30  community facilities, programs, or services for treatment or

31  supervision of the offender.


                                  14

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1         b.  The ability or inability of the department to

 2  provide an adequate level of supervision of the offender in

 3  the community and a statement of what constitutes an adequate

 4  level of supervision.

 5         c.  The existence of other treatment modalities that

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

 7  community.

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

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

10  prior participation in treatment, educational, and vocational

11  programs, and any other actions or circumstances of the

12  offender which are relevant.

13         3.  The court may specify whether the recommendation or

14  report must be oral or written and may waive the requirement

15  for a report in an individual case or a class of cases. This

16  paragraph does not prohibit the department from making any

17  other report or recommendation that is provided for by law or

18  requested by the court.

19         (3)(2)(a)  When any state or local law enforcement

20  agency investigates or arrests a person for committing, or

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

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

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

24  agency shall contact the Department of Corrections to verify

25  whether the person under investigation or under arrest is on

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

27  control release.

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

29  person under investigation or under arrest is on probation,

30  community control, parole, conditional release, or control

31  release, the law enforcement agency shall immediately notify


                                  15

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



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

 2  investigation or the arrest.

 3         (4)(3)  When the court imposes a subsequent term of

 4  supervision following a revocation of probation or community

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

 6  probation or community control toward any subsequent term of

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

 8  impose a subsequent term of probation or community control

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

10  preceding terms of probation or community control for offenses

11  before the court for sentencing, would exceed the maximum

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

13  time that the defendant is on probation or in community

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

15  she shall be sentenced to serve.

16         (5)(4)  Notwithstanding any other provision of this

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

18  is arrested for violating his or her probation or community

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

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

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

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

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

24  probation or community control.

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

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

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

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

29  probationer or offender an opportunity to be fully heard on

30  his or her behalf in person or by counsel.

31  


                                  16

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



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

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

 3  the probation or community control and to the probationer or

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

 5  hearing court are binding on the court which granted the

 6  probation or community control.  Upon the probationer or

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

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

 9  the probation or community control or may place the

10  probationer into community control as provided in this

11  section.

12         (6)(5)  Whenever the department submits a violation

13  report to the court for failure to pay court-ordered

14  obligations, the department shall include a statement by the

15  probationer or offender on community control concerning his or

16  her ability to pay. However, the violation report may be

17  submitted without such statement if it cannot be obtained

18  through department efforts. In any hearing in which the

19  failure of a probationer or offender in community control to

20  pay restitution or the cost of supervision as provided in s.

21  948.09, as directed, is established by the state, if the

22  probationer or offender asserts his or her inability to pay

23  restitution or the cost of supervision, it is incumbent upon

24  the probationer or offender to prove by clear and convincing

25  evidence that he or she does not have the present resources

26  available to pay restitution or the cost of supervision

27  despite sufficient bona fide efforts legally to acquire the

28  resources to do so. If the probationer or offender cannot pay

29  restitution or the cost of supervision despite sufficient bona

30  fide efforts, the court shall consider alternate measures of

31  punishment other than imprisonment. Only if alternate measures


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  are not adequate to meet the state's interests in punishment

 2  and deterrence may the court imprison a probationer or

 3  offender in community control who has demonstrated sufficient

 4  bona fide efforts to pay restitution or the cost of

 5  supervision.

 6         (7)(6)  Any parolee in a community control program who

 7  has allegedly violated the terms and conditions of such

 8  placement is subject to the provisions of ss. 947.22 and

 9  947.23.

10         (8)(7)  Any provision of law to the contrary

11  notwithstanding, whenever probation, community control, or

12  control release, including the probationary, community control

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

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

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

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

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

18  probation, community control, or control release. This

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

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

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

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

23  incarceration following termination from a drug punishment

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

25  include incarceration without the possibility of gain-time or

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

27  treatment program placement term.

28         Section 7.  Section 948.061, Florida Statutes, is

29  created to read:

30  

31  


                                  18

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1         948.061  Identifying, assessing, and monitoring certain

 2  high-risk offenders on community supervision; providing

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

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

 5  a graduated risk assessment and alert system that continuously

 6  identifies, assesses, and closely monitors the population of

 7  offenders placed on probation or community control who have:

 8         (a)  Previously been placed on probation or community

 9  control and who have a history of committing multiple

10  community supervision violations in this state or in other

11  jurisdictions or who have previously been incarcerated in this

12  state or in other jurisdictions; and

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

14  risk factors that could potentially make the offender more

15  likely to pose a danger to others:

16         1.  Attempted suicide or severe depression;

17         2.  Marital instability or history of domestic

18  violence;

19         3.  History of substance abuse;

20         4.  Unemployment or substantial financial difficulties;

21         5.  History of violence, particularly involving

22  strangers; or

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

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

25  these offenders with extensive criminal histories and multiple

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

27  department shall consider the cumulative impact of these risk

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

29  elevated alert status and provide a high level of supervision

30  for these offenders until the situation stabilizes and the

31  department no longer believes that the offender poses a threat


                                  19

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  to others. In providing such supervision and surveillance, the

 2  department shall increase the number of office and home visits

 3  conducted by the correctional probation officer; expand the

 4  number of and type of employment, family, community, and

 5  neighborhood contacts by the correctional probation officer;

 6  increase referrals to available community mental health

 7  facilities and community assistance programs; develop

 8  emergency communication plans and alert systems for law

 9  enforcement agencies and the court in order to quickly detain

10  the offender in response to a violation; and prioritize its

11  resources in order to more closely monitor the offender's

12  activities in an effort to prevent escalating criminal

13  behavior.

14         (3)  In providing criminal history and background

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

16  the correctional probation officer shall provide to the court

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

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

19  integrated chronology of the offender's criminal history and

20  prior terms of community supervision, including all

21  substantive or technical violations of community supervision.

22         Section 8.  Section 948.062, Florida Statutes, is

23  created to read:

24         948.062  Reviewing and reporting serious offenses

25  committed by offenders placed on community supervision.--

26         (1)  The department shall review the circumstances

27  related to offenders placed on community supervision who have

28  been arrested while on supervision for the following serious

29  offenses:

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

31  


                                  20

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



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

 2  794.023;

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

 4  s. 827.071;

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

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

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

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

 9  800.04(5);

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

11  827.03(2);

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

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

14  812.13(2)(a), s. 812.135, or s. 812.133;

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

16  784.048(3), (4), or (5);

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

18  committed by any person under community supervision designated

19  as a sexual predator; or

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

21  316.193(3)(c), or vehicular or vessel homicide as provided in

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

23  community supervision for an offense involving death or injury

24  resulting from a driving incident.

25  

26  The review shall document whether the supervision of the

27  offender met enumerated rules, policies, and procedures and

28  whether supervision practices were followed.

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

30  these reviews to the Office of Program Policy Analysis and

31  Government Accountability. The Office of Program Policy


                                  21

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  Analysis and Government Accountability shall annually analyze

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

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

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

 5  deficiencies in managing high-risk offenders on community

 6  supervision and the judicial disposition of such offenders;

 7  any patterns of noncompliance by correctional probation

 8  officers and any inconsistent or inefficient judicial case

 9  processing for offenders who have violated community

10  supervision; and recommendations for improving the community

11  supervision program.

12         Section 9.  (1)  The 2004 Legislature closely examined

13  chapter 948, Florida Statutes, to address certain critical

14  public safety concerns and substantive policy issues involving

15  offenders who violate probation or community control. The

16  Legislature has carefully scrutinized the effectiveness of the

17  state's community supervision system and concluded that the

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

19  offenders who violate community supervision. The Legislature

20  finds there may be a propensity for such offenders with

21  extensive criminal histories and multiple risk factors to pose

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

23  Legislature finds that the system should consider the

24  cumulative impact of such histories and factors and quickly

25  detain offenders alleged to be in violation of community

26  supervision in order to protect the public and prevent

27  escalating criminal behavior.

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

29  Florida Supreme Court to amend the concomitant Rule of

30  Criminal Procedure which sets forth the procedures the lower

31  


                                  22

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  courts must follow when considering bail in cases of

 2  violations of probation and community control.

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

 4  288 So. 490 (Fla. 1974), release on bail pending revocation of

 5  probation is not a constitutional right. However, the

 6  Legislature recognizes that it is the prerogative of the

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

 8  The Legislature, therefore, recommends that the Supreme Court

 9  consider making the following revision to Rule 3.790 regarding

10  bail in certain cases involving a violation of community

11  supervision.

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

13  amend its rule to require that a probationer or community

14  controllee who is arrested on an alleged violation, regardless

15  of adjudication in the underlying offense, be detained while

16  awaiting a hearing before the court that granted the probation

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

18  or community controllee is currently on probation or community

19  control is a forcible felony or if the probationer or

20  community controllee has previously been convicted of a

21  forcible felony as provided in section 776.08, Florida

22  Statutes.

23         Section 10.  Section 903.0473, Florida Statutes, is

24  created to read:

25         903.0473  Probation appearance bond.--As a condition of

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

27  community supervision authorized pursuant to chapter 948, the

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

29  of the defendant at any subsequent court proceeding. The

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

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


                                  23

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  72 hours' notice by the court or the clerk of court, the bail

 2  agent shall produce the person on probation, community

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

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

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

 6  supervision upon notice by the probation officer that the

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

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

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

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

11  and forfeited according to the procedures set forth in this

12  chapter and chapter 648. Failure to appear shall be the sole

13  grounds for forfeiture and estreature of the appearance bond.

14  Where not inconsistent with this subsection, this chapter and

15  chapter 648 shall regulate the relationship between the bail

16  agent and probationer.

17         Section 11.  Subsection (2) of section 948.09, Florida

18  Statutes, is amended to read:

19         948.09  Payment for cost of supervision and

20  rehabilitation.--

21         (2)  Any person being electronically monitored by the

22  department as a result of placement on community control shall

23  be required to pay as a surcharge an amount that may not

24  exceed the full cost of the monitoring service in addition to

25  the cost of supervision fee as directed by the sentencing

26  court. The department is authorized to contract with a private

27  entity to provide services necessary to implement or

28  facilitate the collection of this surcharge and to allow for

29  payment of a reasonable fee for costs of collection from the

30  proceeds. The surcharge, less the reasonable fee for costs of

31  collection, shall be deposited in the Operating Trust Fund to


                                  24

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2284                                 First Engrossed



 1  be used by the department for purchasing and maintaining

 2  electronic monitoring devices.

 3         Section 12.  Except as otherwise expressly provided in

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

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  25

CODING: Words stricken are deletions; words underlined are additions.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
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.     Privacy Statement     Contact Us     Get Acrobat Reader