November 12, 2019
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Amendment CaShTmL-334206.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for SB 2284
    Amendment No. ___   Barcode 334206
                            CHAMBER ACTION
              Senate                               House
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       04/26/2004 11:25 AM         .                    
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11  Senator Villalobos moved the following amendment:
12  
13         Senate Amendment 
14         On page 5, line 11, through page 19, line 20, delete
15  those lines
16  
17  and insert:  orientation program referral to the nearest or
18  most appropriate community substance abuse program.
19         (5)(4)  The department shall conduct a needs assessment
20  of every inmate to determine which, if any, basic support
21  services the inmate needs after release. Substance abuse
22  treatment shall be deemed a basic support service for any
23  inmate who has been identified as needing substance abuse
24  treatment pursuant to s. 944.473 and who has not been provided
25  an opportunity to receive such treatment while incarcerated.
26         (6)(5)  The department may contract with public or
27  private entities, including faith-based service groups, for
28  the provision of all or part of the services pursuant to this
29  section.
30         (7)(6)(a)  The department shall notify every inmate, in
31  no less than 18-point type in the inmate's release documents,
                                  1
    11:13 AM   04/23/04                              s2284.cj38.0e

SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 1 that the inmate may be sentenced pursuant to s. 775.082(9) if 2 the inmate commits any felony offense described in s. 3 775.082(9) within 3 years after the inmate's release. This 4 notice must be prefaced by the word "WARNING" in boldfaced 5 type. 6 (b) Nothing in this section precludes the sentencing 7 of a person pursuant to s. 775.082(9), nor shall evidence that 8 the department failed to provide this notice prohibit a person 9 from being sentenced pursuant to s. 775.082(9). The state 10 shall not be required to demonstrate that a person received 11 any notice from the department in order for the court to 12 impose a sentence pursuant to s. 775.082(9). 13 Section 1. Subsection (2) of section 947.22, Florida 14 Statutes, is amended to read: 15 947.22 Authority to arrest parole violators with or 16 without warrant.-- 17 (2) Any parole and probation officer, when she or he 18 has reasonable ground to believe that a parolee, control 19 releasee, or conditional releasee has violated the terms and 20 conditions of her or his parole, control release, or 21 conditional release in a material respect, has the right to 22 arrest or request any law enforcement officer to arrest the 23 releasee or parolee without warrant and bring her or him 24 forthwith before one or more commissioners or a duly 25 authorized representative of the Parole Commission or Control 26 Release Authority; and proceedings shall thereupon be had as 27 provided herein when a warrant has been issued by a member of 28 the commission or authority or a duly authorized 29 representative of the commission or authority. Local law 30 enforcement officers shall assist the probation officer, upon 31 request, in making warrantless arrests, taking the offender 2 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 1 into custody and transporting the offender to the county jail. 2 Section 2. Subsections (1) and (3) of section 948.03, 3 Florida Statutes, as amended by section 136 of chapter 4 2003-402, Laws of Florida, are amended to read: 5 948.03 Terms and conditions of probation or community 6 control.-- 7 (1) The court shall determine the terms and conditions 8 of probation or community control. Conditions specified in 9 paragraphs (a)-(n) (a)-(m) do not require oral pronouncement 10 at the time of sentencing and may be considered standard 11 conditions of probation. Conditions specified in paragraphs 12 (a)-(n) (a)-(m) and (2)(a) do not require oral pronouncement 13 at sentencing and may be considered standard conditions of 14 community control. These conditions may include among them 15 the following, that the probationer or offender in community 16 control shall: 17 (a) Report to the probation officers and parole 18 supervisors as directed. The offender shall provide to the 19 probation officer a full, truthful, and complete written 20 report each month. The report must include, but need not be 21 limited to, the offender's employment status, monthly 22 earnings, and financial ability. At the discretion of the 23 department, the reporting requirement may include electronic 24 monitoring. 25 (b) Permit such officers supervisors to visit him or 26 her at his or her home or elsewhere. 27 (c) Work faithfully at suitable employment insofar as 28 may be possible. 29 (d) Remain within a specified place. 30 (e) Make reparation or restitution to the aggrieved 31 party for the damage or loss caused by his or her offense in 3 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 1 an amount to be determined by the court. The court shall make 2 such reparation or restitution a condition of probation, 3 unless it determines that clear and compelling reasons exist 4 to the contrary. If the court does not order restitution, or 5 orders restitution of only a portion of the damages, as 6 provided in s. 775.089, it shall state on the record in detail 7 the reasons therefor. 8 (f) Effective July 1, 1994, and applicable for 9 offenses committed on or after that date, make payment of the 10 debt due and owing to a county or municipal detention facility 11 under s. 951.032 for medical care, treatment, hospitalization, 12 or transportation received by the felony probationer while in 13 that detention facility. The court, in determining whether to 14 order such repayment and the amount of such repayment, shall 15 consider the amount of the debt, whether there was any fault 16 of the institution for the medical expenses incurred, the 17 financial resources of the felony probationer, the present and 18 potential future financial needs and earning ability of the 19 probationer, and dependents, and other appropriate factors. 20 (g) Support his or her legal dependents to the best of 21 his or her ability. 22 (h) Make payment of the debt due and owing to the 23 state under s. 960.17, subject to modification based on change 24 of circumstances. 25 (i) Pay any application fee assessed under s. 26 27.52(2)(a) and attorney's fees and costs assessed under s. 27 938.29, subject to modification based on change of 28 circumstances. 29 (j) Not associate with persons engaged in criminal 30 activities. 31 (k)1. Submit to random testing as directed by the 4 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 1 correctional probation officer or the professional staff of 2 the treatment center where he or she is receiving treatment to 3 determine the presence or use of alcohol or controlled 4 substances. 5 2. If the offense was a controlled substance violation 6 and the period of probation immediately follows a period of 7 incarceration in the state correction system or if the offense 8 was a controlled substance violation and the offender had a 9 previous term of imprisonment for a 10 controlled-substance-related offense, the conditions shall 11 include a requirement that the offender submit to substance 12 abuse evaluation and comply with recommendations for 13 treatment, and submit to random substance abuse testing 14 intermittently throughout the term of supervision, upon the 15 direction of the correctional probation officer as defined in 16 s. 943.10(3). 17 (l) Be prohibited from possessing, carrying, or owning 18 any firearm unless authorized by the court and consented to by 19 the probation officer. 20 (m) Be prohibited from using intoxicants to excess or 21 using or possessing a controlled substance or drug any drugs 22 or narcotics unless prescribed by a physician. The probationer 23 or community controllee shall not knowingly visit places where 24 intoxicants, drugs, or other dangerous substances are 25 unlawfully sold, dispensed, or used. 26 (n) Remain at liberty without violating the law. 27 (o)(n) Attend an HIV/AIDS awareness program consisting 28 of a class of not less than 2 hours or more than 4 hours in 29 length, the cost for which shall be paid by the offender, if 30 such a program is available in the county of the offender's 31 residence. 5 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 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 6 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 1 investigation of noncompliance reports, especially after 2 normal office hours. 3 Section 3. 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 4. 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 7 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 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 8 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 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 9 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 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. 10 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 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 11 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 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 (b) After such hearing, the court shall make findings 12 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 1 of fact and forward the findings to the court which granted 2 the probation or community control and to the probationer or 3 offender or his or her attorney. The findings of fact by the 4 hearing court are binding on the court which granted the 5 probation or community control. Upon the probationer or 6 offender being brought before it, the court which granted the 7 probation or community control may revoke, modify, or continue 8 the probation or community control or may place the 9 probationer into community control as provided in this 10 section. 11 (6)(5) Whenever the department submits a violation 12 report to the court for failure to pay court-ordered 13 obligations, the department shall include a statement by the 14 probationer or offender on community control concerning his or 15 her ability to pay. However, the violation report may be 16 submitted without such statement if it cannot be obtained 17 through department efforts. In any hearing in which the 18 failure of a probationer or offender in community control to 19 pay restitution or the cost of supervision as provided in s. 20 948.09, as directed, is established by the state, if the 21 probationer or offender asserts his or her inability to pay 22 restitution or the cost of supervision, it is incumbent upon 23 the probationer or offender to prove by clear and convincing 24 evidence that he or she does not have the present resources 25 available to pay restitution or the cost of supervision 26 despite sufficient bona fide efforts legally to acquire the 27 resources to do so. If the probationer or offender cannot pay 28 restitution or the cost of supervision despite sufficient bona 29 fide efforts, the court shall consider alternate measures of 30 punishment other than imprisonment. Only if alternate measures 31 are not adequate to meet the state's interests in punishment 13 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 1 and deterrence may the court imprison a probationer or 2 offender in community control who has demonstrated sufficient 3 bona fide efforts to pay restitution or the cost of 4 supervision. 5 (7)(6) Any parolee in a community control program who 6 has allegedly violated the terms and conditions of such 7 placement is subject to the provisions of ss. 947.22 and 8 947.23. 9 (8)(7) Any provision of law to the contrary 10 notwithstanding, whenever probation, community control, or 11 control release, including the probationary, community control 12 portion of a split sentence, is violated and the probation or 13 community control is revoked, the offender, by reason of his 14 or her misconduct, shall be deemed to have forfeited all 15 gain-time or commutation of time for good conduct, as provided 16 by law, earned up to the date of his or her release on 17 probation, community control, or control release. This 18 subsection does not deprive the prisoner of his or her right 19 to gain-time or commutation of time for good conduct, as 20 provided by law, from the date on which the prisoner is 21 returned to prison. However, if a prisoner is sentenced to 22 incarceration following termination from a drug punishment 23 program imposed as a condition of probation, the sentence may 24 include incarceration without the possibility of gain-time or 25 early release for the period of time remaining in his or her 26 treatment program placement term. 27 Section 5. Section 948.061, Florida Statutes, is 28 created to read: 29 948.061 Identifying, assessing, and monitoring certain 30 high-risk offenders on community supervision; providing 31 cumulative criminal and supervision histories to the court.-- 14 11:13 AM 04/23/04 s2284.cj38.0e
SENATE AMENDMENT Bill No. CS for SB 2284 Amendment No. ___ Barcode 334206 1 (1) By December 1, 2004, the department shall develop 2 a graduated risk assessment and alert system that continuously 3 identifies, assesses, and closely monitors the population of 4 offenders placed on probation or community control who have: 5 (a) Previously been placed on probation or community 6 control and who have a history of committing multiple 7 community supervision violations in this state or in other 8 jurisdictions or who have previously been incarcerated in this 9 state or in other jurisdictions; and 10 (b) Have experienced more than one of the following 11 risk factors that could potentially make the offender more 12 likely to pose a danger to others: 13 1. Attempted suicide or severe depression; 14 2. Marital instability or history of domestic 15 violence; 16 3. History of substance abuse; 17 4. Unemployment or substantial financial difficulties; 18 5. History of violence, particularly involving 19 strangers; or 20 6. Any other risk factor identified by the department. 21 (2) Recognizing that there may be a propensity for 22 these offenders with extensive criminal histories and multiple 23 risk factors to pose a serious threat to the community, the 24 department shall consider the cumulative impact of these risk 25 factors and, if necessary, place these offenders on an 26 elevated alert status and provide a high level of supervision 27 for these offenders until the situation 28 29 30 31 15 11:13 AM 04/23/04 s2284.cj38.0e
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