Senate Bill sb0960

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    Florida Senate - 2005                                   SB 960

    By Senator Smith





    14-547-05

  1                      A bill to be entitled

  2         An act relating to community supervision of

  3         offenders; amending s. 948.001, F.S.; revising

  4         definitions relating to community supervision;

  5         creating s. 948.002, F.S.; specifying the

  6         levels of intensity of supervision; creating s.

  7         948.003, F.S.; directing the state attorney to

  8         provide certain information to the court;

  9         amending s. 948.01, F.S.; requiring an offender

10         to report for community supervision immediately

11         after sentencing; requiring the clerk of court

12         to give the Department of Corrections certain

13         specified documents; authorizing the department

14         to request additional documents that the

15         department believes are necessary to supervise

16         an offender; authorizing the court to issue

17         certain orders if the offender is a chronic

18         substance abuser; amending s. 948.011, F.S.,

19         relating to alternatives to imprisonment;

20         conforming provisions to changes made by the

21         act; amending s. 948.012, F.S., relating to

22         split sentencing; conforming provisions to

23         changes made by the act; amending s. 948.014,

24         F.S.; requiring that an offender allow the

25         department to draw blood for testing purposes;

26         amending s. 948.015, F.S.; providing for

27         presentencing reports; deleting certain

28         required provisions from the report; amending

29         s. 948.03, F.S., relating to the terms and

30         conditions of community supervision; requiring

31         an offender to prepare and submit a monthly

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 1         report; directing that the offender include

 2         certain information in the monthly report;

 3         authorizing the department to place an offender

 4         on electronic monitoring; amending s. 948.031,

 5         F.S.; authorizing the court to order an

 6         offender on community supervision to perform

 7         public service; amending s. 948.032, F.S.;

 8         providing that an order of restitution is a

 9         condition for community supervision; amending

10         s. 948.034, F.S.; directing the department to

11         operate a program for chronic substance

12         abusers; detailing terms and conditions for

13         offenders with a chronic substance abuse

14         problem; amending s. 948.0345, F.S.; providing

15         that community service may substitute for

16         paying a fine under certain circumstances;

17         amending s. 948.035, F.S.; providing that

18         residential treatment may be a condition of

19         community supervision; amending s. 948.036,

20         F.S.; providing that a work program may be a

21         condition of community supervision; amending s.

22         948.037, F.S.; requiring an offender on

23         community supervision to undertake certain

24         educational activities; amending s. 948.038,

25         F.S.; requiring an offender on community

26         supervision who has been convicted of domestic

27         violence to attend certain intervention

28         courses; amending s. 948.039, F.S.; authorizing

29         the court to impose certain special conditions

30         on offenders on community supervision; amending

31         s. 948.04, F.S.; providing for time limits for

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 1         community supervision; authorizing early

 2         termination of community supervision under

 3         certain circumstances; amending s. 948.05,

 4         F.S.; authorizing the court to discharge an

 5         offender from further community supervision;

 6         amending s. 948.06, F.S.; providing procedures

 7         to follow when an offender on community

 8         supervision violates the terms and conditions

 9         of supervision; authorizing a law enforcement

10         officer to arrest and detain an offender if the

11         officer has reasonable grounds to believe that

12         the offender has violated the terms of

13         community supervision; providing that a court

14         may revoke supervision if the offender violates

15         the terms or conditions of supervision;

16         requiring the court to consider certain factors

17         when considering an offender's ability to pay

18         restitution or the costs of supervision;

19         prohibiting a court from imprisoning an

20         offender for failing to pay restitution or the

21         costs of supervision except under certain

22         circumstances; providing for the use of a

23         technical-violation-notification letter;

24         amending s. 948.09, F.S.; requiring each

25         offender placed on community supervision to pay

26         for the cost of supervision and other specified

27         costs; amending s. 948.10, F.S.; removing a

28         requirement that the department produce certain

29         manuals and a risk-assessment instrument;

30         deleting requirements applicable to an offender

31         who is ineligible for community control;

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 1         amending s. 948.101, F.S.; eliminating the

 2         criminal quarantine control program; creating

 3         s. 948.102, F.S.; requiring the department to

 4         develop a caseload-management strategy and a

 5         risk-assessment instrument; amending s. 948.11,

 6         F.S.; providing for electronic monitoring of an

 7         offender; creating s. 948.111, F.S.;

 8         authorizing the department to require an

 9         offender to file reports by using an automated

10         reporting station; providing for the operation

11         of the system; authorizing the department to

12         collect a fee from offenders to defray the

13         costs of the automated system; amending s.

14         948.12, F.S.; revising the eligibility criteria

15         for intensive supervision; amending ss. 948.30,

16         948.31, and 948.32, F.S.; eliminating

17         references to parole and community control;

18         conforming provisions to changes made by the

19         act; amending s. 948.51, F.S.; providing

20         departmental responsibilities for county

21         consortiums that contract with the department;

22         amending s. 947.22, F.S.; authorizing a law

23         enforcement officer to arrest an offender who

24         violates community supervision; amending ss.

25         775.0877, 893.13, and 921.187, F.S.; correcting

26         cross-references; amending s. 903.03, F.S.;

27         directing the state attorney to provide certain

28         information to the court; repealing s. 948.013,

29         F.S., relating to administrative probation;

30         repealing s. 948.20, F.S., relating to drug

31  

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 1         offender probation; providing an effective

 2         date.

 3  

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

 5  

 6         Section 1.  Section 948.001, Florida Statutes, is

 7  amended to read:

 8         (Substantial rewording of section. See

 9         s. 948.001, F.S., for present text.) 

10         948.001  Definitions.--As used in this chapter, the

11  term:

12         (1)  "Automated reporting station" means a machine or

13  device that is used by an offender to submit reports or pay

14  monetary obligations that are conditions of supervision.

15         (2)  "Community residential facility" means a facility

16  located in the community in which an offender may be ordered

17  by the court to reside as a special condition of community

18  supervision. The term includes probation and restitution

19  centers, secure and nonsecure substance abuse treatment

20  centers, community supervision centers, and other similar

21  residential facilities. Community residential facilities may

22  be operated by the department, counties, or private entities,

23  or by vendors under contract with the department, a county, or

24  a private entity.

25         (3)  "Conviction" means a finding of guilt, or entry of

26  a plea of guilty or nolo contendere, regardless of

27  adjudication, or, in the case of a juvenile, the finding of

28  delinquency.

29         (4)  "Correctional probation officer" has the same

30  meaning as in s. 943.10.

31         (5)  "Department" means the Department of Corrections.

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 1         (6)  "Law enforcement officer" has the same meaning as

 2  in s. 943.10.

 3         (7)  "Noninstitutional residential placement" means

 4  placement of an offender in a community residential facility.

 5  Noninstitutional placement does not include incarceration as a

 6  prisoner sentenced to the custody of the department.

 7         (8)  "Supervision services" means those services

 8  provided by departmental correctional probation officers to

 9  monitor the offenders' compliance with court-imposed

10  conditions of community supervision and to report violations

11  of the conditions to the court.

12         (9)  "Violent offense" means a forcible felony or any

13  attempt thereof, as provided in s. 776.08, except burglary

14  offenses that do not involve an assault or battery or in which

15  the offender is not armed with explosives or a dangerous

16  weapon, and includes offenses defined in s. 800.04 or any

17  attempt thereof.

18         Section 2.  Section 948.002, Florida Statutes, is

19  created to read:

20         948.002  Community supervision; levels of

21  supervision.--The following levels of supervision apply to

22  offenders placed in the community:

23         (1)  Administrative supervision is the least intensive

24  sentencing option for an offender who presents a low risk of

25  danger to the community. Upon the satisfactory completion of

26  one-half of the term of supervision, the offender is eligible

27  for transfer to nonreporting supervision status until

28  completion of the term of supervision.

29         (a)  Effective for any offense committed on or after

30  July 1, 1998, an offender is ineligible for administrative

31  supervision if the offender is sentenced to or is serving a

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 1  term of community supervision for committing, or attempting,

 2  conspiring, or soliciting to commit, any felony offense

 3  described in s. 787.01 or s. 787.02 when the victim is a minor

 4  and the offender is not the victim's parent; s. 787.025;

 5  chapter 794; s. 796.03; s. 800.04; s. 825.1025(2)(b); s.

 6  827.071; s. 847.0133; s. 847.0135; or s. 847.0145.

 7         (b)  The department shall adopt a rule establishing

 8  procedures for transferring an offender to administrative

 9  supervision. The department may collect from the offender an

10  initial processing fee of up to $50 for each offender

11  transferred to administrative supervision. The offender is

12  exempt from further payment for the cost of supervision as

13  required in s. 948.09.

14         (2)  Nonviolent-offender supervision is a higher form

15  of intensive supervision. It applies to an offender who is

16  placed on supervision for a nonviolent offense and does not

17  have a prior conviction for a violent offense. This level of

18  supervision requires the offender to have contact with a

19  correctional probation officer on a schedule specified by the

20  department and requires the offender to comply with other

21  terms and conditions imposed by the court. The court may

22  impose on the offender any standard or special condition of

23  supervision, including treatment for chronic substance abuse,

24  which the court deems appropriate to and compatible with the

25  offender's individual needs, offenses, and criminal history.

26  If the court imposes chronic-substance-abuser conditions, it

27  must be done in accordance with s. 948.034.

28         (3)  Intensive-offender supervision is the second

29  highest level of supervision. It applies to an offender who

30  has been placed on supervision for a conviction of a violent

31  offense or has a prior conviction of a violent offense. This

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 1  level of supervision requires the offender to have contact

 2  with a correctional probation officer on a schedule specified

 3  by the department and requires the offender to comply with

 4  other terms and conditions imposed by the court. The court may

 5  impose on the offender any standard or special condition of

 6  supervision, including treatment for chronic substance abuse

 7  or treatment as a sex offender, which the court deems

 8  appropriate to and compatible with the offender's individual

 9  needs, offenses, and criminal history. If the court imposes

10  chronic-substance-abuser conditions, it must do so in

11  accordance with s. 948.034.

12         (4)  Community control supervision is the most

13  intensive level of supervision. This supervision includes

14  surveillance on weekends and holidays administered by officers

15  with restricted caseloads. Community control supervision is an

16  individualized program in which the freedom of an offender is

17  restricted within the community, home, or noninstitutional

18  residential placement and specific sanctions are imposed and

19  enforced.

20         Section 3.  Section 948.003, Florida Statutes, is

21  created to read:

22         948.003  Duties of the state attorney.--Before or at

23  any hearing on bail or pretrial release, the state attorney

24  shall notify the court of the offender's outstanding warrants

25  of arrest, community supervision status, and prior criminal

26  history, to assist the court in placing the offender in the

27  proper level of community supervision.

28         Section 4.  Section 948.01, Florida Statutes, is

29  amended to read:

30  

31  

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 1         948.01  When court may place defendant on probation or

 2  into community supervision control; duties of the clerk of

 3  court.--

 4         (1)  Any court of the state having original

 5  jurisdiction of criminal actions may at a time to be

 6  determined by the court, either with or without an

 7  adjudication of the guilt of the defendant, hear and determine

 8  the question of the community supervision probation of a

 9  defendant in a criminal case, except for an offense punishable

10  by death, who has been found guilty by the verdict of a jury,

11  has entered a plea of guilty or a plea of nolo contendere, or

12  has been found guilty by the court trying the case without a

13  jury. If the court places the defendant on probation or into

14  community supervision control for a felony, the department

15  shall provide immediate supervision by an officer employed in

16  compliance with the minimum qualifications for officers as

17  provided in s. 943.13. In no circumstances shall A private

18  entity may not provide probationary or supervision services to

19  felony or misdemeanor offenders sentenced or placed on

20  community probation or other supervision by the circuit court.

21         (2)(a)  If it appears to the court upon a hearing of

22  the matter that the defendant is not likely again to engage in

23  a criminal course of conduct and that the ends of justice and

24  the welfare of society do not require that the defendant

25  presently suffer the penalty imposed by law, the court, in its

26  discretion, may either adjudge the defendant to be guilty or

27  stay and withhold the adjudication of guilt; and, in either

28  case, it shall stay and withhold the imposition of sentence

29  upon the such defendant and shall place the defendant upon

30  community supervision and designate the level of supervision

31  in accordance with s. 948.002 probation. However, a no

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 1  defendant placed on community supervision probation for a

 2  misdemeanor may not be placed under the supervision of the

 3  department unless the circuit court was the court of original

 4  jurisdiction.

 5         (b)  The court shall order each defendant at the time

 6  of being placed on community supervision:

 7         1.  To report in person between the hours of 9:00 a.m.

 8  and 3:00 p.m.;

 9         2.  To report on the day of sentencing but no later

10  than the next business day; and

11         3.  That a failure to report as ordered is a violation

12  of community supervision.

13  

14  The court may modify the instructions when circumstances

15  require a modification.

16         (c)  The court shall inform the defendant of the

17  address of the location where the offender is to report for

18  community supervision.

19         (3)(a)  The clerk of the circuit court shall use the

20  uniform order of supervision adopted by the Supreme Court in

21  completing orders of supervision for all persons placed on

22  community supervision. The clerk shall provide a copy of the

23  uniform order of supervision to the offender and a copy to the

24  department on the day of sentencing or the next business day.

25  The department shall begin community supervision of the

26  offender upon receiving the uniform order or the intake of the

27  offender.

28         (b)  The clerk of the circuit court shall provide the

29  department the following at no cost to the department:

30         1.  The completed uniform order of supervision, as

31  specified in paragraph (a).

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 1         2.  A certified copy of the indictment or information

 2  relating to the offense for which the person was placed on

 3  supervision.

 4         3.  A copy of the probable cause affidavit for each

 5  offense identified in the current indictment or information.

 6         4.  A copy of the Criminal Punishment Code score sheet

 7  and any attachment to the score sheet prepared under Rule

 8  3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal

 9  Procedure, or any other rule pertaining to the preparation of

10  felony sentencing score sheets.

11         5.  A copy of the restitution order, as adopted by the

12  Supreme Court in Rule 3.986, Florida Rules of Criminal

13  Procedure, or the reasons why the court did not require

14  restitution under s. 775.089(1).

15         6.  The name and address of any victim to whom

16  restitution is owed.

17  

18  These documents shall be made available to the department upon

19  completion of the order of placement on community supervision.

20         (c)  After an offender is placed on community

21  supervision, the department may request additional records

22  relating to the offender from the clerk of the court, the

23  Department of Children and Family Services, or any other state

24  or county agency whenever the department deems it necessary

25  for the proper supervision of the offender. The clerk of the

26  court or the agency receiving the request must provide the

27  records within a reasonable period and at no charge to the

28  department.

29         (4)(3)  If, after considering the provisions of

30  subsection (2) and the offender's prior record or the

31  seriousness of the offense, it appears to the court in the

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 1  case of a felony disposition that other types of community

 2  supervision are probation is an unsuitable dispositional

 3  alternatives alternative to imprisonment, the court may place

 4  the offender in a community control program as provided in s.

 5  948.10.  Or, in a case of prior disposition of a felony

 6  commitment, upon motion of the offender or the department or

 7  upon its own motion, the court may, within the period of its

 8  retained jurisdiction following commitment, suspend the

 9  further execution of the disposition and place the offender in

10  a community control program upon such terms as the court may

11  require.  The court may consult with a local offender advisory

12  council under pursuant to s. 948.90 with respect to the

13  placement of an offender into community control.  Not later

14  than 3 working days before the hearing on the motion, the

15  department shall forward to the court all relevant material on

16  the offender's progress while in custody.  If this sentencing

17  alternative to incarceration is used utilized, the court

18  shall:

19         (a)  Determine what community-based sanctions will be

20  imposed in the community control plan.  Community-based

21  sanctions may include, but are not limited to, rehabilitative

22  restitution in money or in kind, curfew, revocation or

23  suspension of the driver's license, community service,

24  deprivation of nonessential activities or privileges, or other

25  appropriate restraints on the offender's liberty.

26         (b)  After appropriate sanctions for the offense are

27  determined, develop, approve, and order a plan of community

28  control which contains rules, requirements, conditions, and

29  programs that are designed to encourage noncriminal functional

30  behavior and promote the rehabilitation of the offender and

31  the protection of the community.  If the offense was a

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 1  controlled substance violation, the conditions shall include a

 2  requirement that the offender submit to random substance abuse

 3  testing intermittently throughout the term of supervision,

 4  upon the direction of the correctional probation officer as

 5  defined in s. 943.10(3).

 6         (c)  Require the department to provide notifications

 7  under s. 948.10(4) pursuant to s. 948.10(7).

 8         (5)(4)  The sanctions imposed by order of the court

 9  shall be commensurate with the seriousness of the offense.

10  When community control, community supervision, or a program of

11  public service is ordered by the court, the duration of

12  community control, community supervision, or public service

13  may not be longer than the sentence that could have been

14  imposed if the offender had been committed for the offense or

15  a period not to exceed 2 years, whichever is less.  When

16  restitution or public service is ordered by the court, the

17  amount of restitution or public service may not be greater

18  than an amount that which the offender could reasonably be

19  expected to pay or perform.

20         (6)(5)  The imposition of sentence may not be suspended

21  and the defendant thereupon placed on probation or into

22  community supervision control unless the defendant is placed

23  under the supervision custody of the department or another

24  public or private entity. A private entity may not provide

25  probationary or supervision services to felony or misdemeanor

26  offenders sentenced or placed on community probation or other

27  supervision by the circuit court.

28         (7)(6)  When the court, under any of the foregoing

29  subsections (1)-(6), places a defendant on probation or into

30  community supervision control, it may specify that the

31  defendant serve all or part of the probationary or community

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 1  supervision control period in a community residential or

 2  nonresidential facility under the jurisdiction of the

 3  Department of Corrections or the Department of Children and

 4  Family Services or any public or private entity providing the

 5  such services, and it shall require the payment prescribed in

 6  s. 948.09.

 7         (8)  If it appears to the court upon a hearing that the

 8  defendant is a chronic substance abuser whose criminal conduct

 9  is a violation of s. 893.13(2)(a) or (6)(a), the court may

10  adjudge the defendant guilty or stay the case and withhold the

11  adjudication of guilt. In either case, the court may stay and

12  withhold the imposition of sentence and place the defendant in

13  the appropriate level of community supervision based on the

14  offender's offense and criminal history. In addition to all

15  other standard and special conditions imposed, the court may

16  impose conditions of supervision under s. 948.034.

17         Section 5.  Section 948.011, Florida Statutes, is

18  amended to read:

19         948.011  When court may impose fine and place on

20  probation or into community supervision control as an

21  alternative to imprisonment.--When the law authorizes the

22  placing of an offender a defendant on community supervision

23  probation, and when the offender's defendant's offense is

24  punishable by both fine and imprisonment, the trial court may,

25  in its discretion, impose a fine upon him or her and place him

26  or her on probation or into community supervision control as

27  an alternative to imprisonment.

28         Section 6.  Section 948.012, Florida Statutes, is

29  amended to read:

30         948.012  Split sentence of probation or community

31  control and imprisonment.--

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 1         (1)  Whenever punishment by imprisonment for a

 2  misdemeanor or a felony, except for a capital felony, is

 3  prescribed, the court, in its discretion, may, at the time of

 4  sentencing, impose a split sentence whereby the defendant is

 5  to be placed on probation or, with respect to any such felony,

 6  into community supervision control upon completion of any

 7  specified period of the such sentence which may include a term

 8  of years or less. In this such case, the court shall stay and

 9  withhold the imposition of the remainder of sentence imposed

10  upon the defendant and direct that the defendant be placed on

11  upon probation or into community supervision control after

12  serving such period as may be imposed by the court. The period

13  of probation or community supervision control shall commence

14  immediately upon the release of the defendant from

15  incarceration, whether by parole or gain-time allowances.

16         (2)  The court may also impose a split sentence whereby

17  the defendant is sentenced to a term of community supervision

18  probation which may be followed by a period of incarceration

19  or, with respect to a felony, into community supervision

20  control, as follows:

21         (a)  If the offender meets the terms and conditions of

22  probation or community supervision control, any term of

23  incarceration may be modified by court order to eliminate the

24  term of incarceration.

25         (b)  If the offender does not meet the terms and

26  conditions of probation or community supervision control, the

27  court may revoke, modify, or continue the probation or

28  community supervision control as provided in s. 948.06. If the

29  probation or community supervision control is revoked, the

30  court may impose any sentence that it could have imposed at

31  the time the offender was placed on probation or community

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 1  supervision control. The court may not provide credit for time

 2  served for any portion of a term of probation or community

 3  supervision control term toward a subsequent term of probation

 4  or community supervision control. However, the court may not

 5  impose a subsequent term of probation or community supervision

 6  control which, when combined with any amount of time served on

 7  preceding terms of probation or community supervision control

 8  for offenses pending before the court for sentencing, would

 9  exceed the maximum penalty allowable as provided in s.

10  775.082. The Such term of incarceration shall be served under

11  applicable law or county ordinance governing service of

12  sentences in state or county jurisdiction. This paragraph does

13  not prohibit any other sanction provided by law.

14         (3)  The court may also impose split community

15  supervision probation whereby, upon satisfactory completion of

16  half the term of community supervision probation, the

17  Department of Corrections may place the offender on

18  administrative supervision probation for the remainder of the

19  term of supervision. The provisions of s. 948.002(1) apply for

20  purposes of determining which offender is eligible for

21  administrative supervision.

22         Section 7.  Section 948.014, Florida Statutes, is

23  amended to read:

24         948.014  Requirement to submit to drawing of blood or

25  other biological specimens.--

26         (1)  As a condition of probation, community supervision

27  control, or any other court-ordered community supervision, the

28  court shall order persons convicted of offenses specified in

29  s. 943.325 to submit to the drawing of the blood or other

30  biological specimens as prescribed in that section as a

31  

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 1  condition of the probation, community control, or other

 2  court-ordered community supervision.

 3         (2)  For the purposes of this section, conviction shall

 4  include a finding of guilty, or entry of a plea of nolo

 5  contendere or guilty, regardless of adjudication, or, in the

 6  case of a juvenile, the finding of delinquency.

 7         (2)(3)  Any order issued under pursuant to this section

 8  shall also require the convicted person to reimburse the

 9  appropriate agency for the costs of drawing and transmitting

10  the blood or other biological specimens to the Department of

11  Law Enforcement.

12         Section 8.  Section 948.015, Florida Statutes, is

13  amended to read:

14         948.015  Presentence investigation reports.--The

15  circuit court, when the defendant in a criminal case has been

16  found guilty or has entered a plea of nolo contendere or

17  guilty and has a lowest permissible sentence under the

18  Criminal Punishment Code of any nonstate prison sanction, may

19  refer the case to the department for investigation or

20  recommendation.  Upon the such referral, the department shall

21  make the following report in writing at a time specified by

22  the court before prior to sentencing. The full report shall

23  include:

24         (1)  A complete description of the situation

25  surrounding the criminal activity with which the offender has

26  been charged, including a synopsis of the trial transcript, if

27  one has been made; nature of the plea agreement, including the

28  number of counts waived, the pleas agreed upon, the sentence

29  agreed upon, and any additional terms of agreement; and, at

30  the offender's discretion, his or her version and explanation

31  of the criminal activity.

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 1         (2)  The offender's sentencing status, including

 2  whether the offender is a first offender, a habitual or

 3  violent offender, a youthful offender, or is currently on

 4  supervision probation.

 5         (3)  The offender's prior record of arrests and

 6  convictions.

 7         (4)  The offender's educational background.

 8         (5)  The offender's employment background, including

 9  any military record, present employment status, and

10  occupational capabilities.

11         (6)  The offender's financial status, including total

12  monthly income and estimated total debts.

13         (7)  The social history of the offender, including his

14  or her family relationships, marital status, interests, and

15  activities.

16         (8)  The residence history of the offender.

17         (9)  The offender's medical history and, as

18  appropriate, a psychological or psychiatric evaluation.

19         (10)  Information about the environments to which the

20  offender might return or to which the offender could be sent

21  should a sentence of nonincarceration or community supervision

22  be imposed by the court, and consideration of the offender's

23  plan concerning employment supervision and treatment.

24         (11)  Information about any resources available to

25  assist the offender, such as:

26         (a)  Treatment centers.

27         (b)  Residential facilities.

28         (c)  Career training programs.

29         (d)  Special education programs.

30         (e)  Services that may preclude or supplement

31  commitment to the department.

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 1         (12)  The views of the person preparing the report as

 2  to the offender's motivations and ambitions and an assessment

 3  of the offender's explanations for his or her criminal

 4  activity.

 5         (12)(13)  An explanation of the offender's criminal

 6  record, if any, including his or her version and explanation

 7  of any previous offenses.

 8         (13)(14)  A statement regarding the extent of any

 9  victim's loss or injury.

10         (15)  A recommendation as to disposition by the court.

11  The department shall make a written determination as to the

12  reasons for its recommendation, and shall include an

13  evaluation of the following factors:

14         (a)  The appropriateness or inappropriateness of

15  community facilities, programs, or services for treatment or

16  supervision for the offender.

17         (b)  The ability or inability of the department to

18  provide an adequate level of supervision for the offender in

19  the community and a statement of what constitutes an adequate

20  level of supervision.

21         (c)  The existence of other treatment modalities which

22  the offender could use but which do not exist at present in

23  the community.

24         Section 9.  Section 948.03, Florida Statutes, is

25  amended to read:

26         948.03  Terms and conditions of community supervision

27  probation.--

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

29  of community supervision probation. Conditions specified in

30  this section do not require oral pronouncement at the time of

31  sentencing and may be considered standard conditions of

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 1  community supervision probation. These conditions may include

 2  among them the following, that the probationer or offender in

 3  community supervision control shall:

 4         (a)  Report to the officers supervising the offender

 5  probation and parole supervisors as directed. Each month the

 6  offender must give the offender's correctional probation

 7  officer a full, truthful, and complete written report. The

 8  content of the report must include, but is not limited to, the

 9  offender's employment status, monthly earnings, and ability to

10  pay fines and costs. The department may direct an offender to

11  submit the report to the officer through an automated

12  reporting station.

13         (b)  Permit correctional probation officers such

14  supervisors to visit him or her at his or her home or

15  elsewhere.

16         (c)  Work faithfully at suitable employment insofar as

17  may be possible.

18         (d)  Remain within a specified place.

19         (e)  Make reparation or restitution to the aggrieved

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

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

22  the such reparation or restitution a condition of community

23  supervision probation, unless it determines that clear and

24  compelling reasons exist to the contrary. If the court does

25  not order restitution, or orders restitution of only a portion

26  of the damages, as provided in s. 775.089, it shall state on

27  the record in detail the reasons therefor.

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

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

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

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

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 1  or transportation received by the felony probationer while in

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

 3  order the such repayment and the amount of the such repayment,

 4  shall consider the amount of the debt, whether there was any

 5  fault of the institution for the medical expenses incurred,

 6  the financial resources of the felony offender probationer,

 7  the present and potential future financial needs and earning

 8  ability of the offender probationer, and dependents, and other

 9  appropriate factors.

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

11  his or her ability.

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

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

14  of circumstances.

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

16  27.52(2)(a) and attorney's fees and costs assessed under s.

17  938.29, subject to modification based on change of

18  circumstances.

19         (j)  Not associate with persons engaged in criminal

20  activities.

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

22  correctional probation officer or the professional staff of

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

24  determine the presence or use of alcohol or controlled

25  substances.

26         2.  If the offense was a controlled substance violation

27  and the period of community supervision probation immediately

28  follows a period of incarceration in the state correction

29  system, the conditions must shall include a requirement that

30  the offender submit to random substance abuse testing

31  intermittently throughout the term of supervision, upon the

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 1  direction of the correctional probation officer as defined in

 2  s. 943.10(3).

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

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

 5  the probation officer.

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

 7  possessing any drugs or narcotics unless prescribed by a

 8  physician. The probationer or community controllee shall not

 9  knowingly visit places where intoxicants, drugs, or other

10  dangerous substances are unlawfully sold, dispensed, or used.

11         (n)  Submit to the drawing of blood or other biological

12  specimens as prescribed in ss. 943.325 and 948.014, and

13  reimburse the appropriate agency for the costs of drawing and

14  transmitting the blood or other biological specimens to the

15  Department of Law Enforcement.

16         (o)  Be placed on electronic monitoring if it is deemed

17  appropriate by the Department of Corrections.

18         (2)  The enumeration of specific kinds of terms and

19  conditions does shall not prevent the court from adding

20  thereto such other conditions or others as it considers

21  proper. However, the sentencing court may only impose a

22  condition of supervision allowing an offender convicted of s.

23  794.011, s. 800.04, s. 827.071, or s. 847.0145, to reside in

24  another state, if the order stipulates that it is contingent

25  upon the approval of the receiving state interstate compact

26  authority. The court may rescind or modify at any time the

27  terms and conditions theretofore imposed by it upon the

28  offender probationer. However, if the court withholds

29  adjudication of guilt or imposes a period of incarceration as

30  a condition of community supervision probation, the period may

31  shall not exceed 364 days, and incarceration shall be

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 1  restricted to either a county facility, a probation and

 2  restitution center under the jurisdiction of the Department of

 3  Corrections, a probation program drug punishment phase I

 4  secure residential treatment institution, or a community

 5  residential facility owned or operated by any entity providing

 6  such services.

 7         Section 10.  Subsection (1) of section 948.031, Florida

 8  Statutes, is amended to read:

 9         948.031  Condition of probation or community

10  supervision control; public service.--

11         (1)  Any person who is convicted of a felony or

12  misdemeanor and who is placed on probation or into community

13  supervision control may be required as a condition of

14  supervision to perform some type of public service for a

15  tax-supported or tax-exempt entity, with the consent of the

16  such entity. The Such public service must shall be performed

17  at a time other than during the such person's regular hours of

18  employment.

19         Section 11.  Section 948.032, Florida Statutes, is

20  amended to read:

21         948.032  Condition of community supervision probation;

22  restitution.--If an offender a defendant is placed on

23  community supervision probation, any restitution ordered under

24  s. 775.089 shall be a condition of the community supervision

25  probation. The court may revoke community supervision

26  probation if the offender defendant fails to comply with the

27  order. In determining whether to revoke probation, the court

28  shall consider the defendant's employment status, earning

29  ability, and financial resources; the willfulness of the

30  defendant's failure to pay; and any other special

31  

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

 2  ability to pay.

 3         Section 12.  Section 948.034, Florida Statutes, is

 4  amended to read:

 5         948.034  Terms and conditions of community supervision

 6  probation; community residential drug punishment centers.--

 7         (1)  The department shall operate a program under s.

 8  948.01(8) for offenders found by a court to be chronic

 9  substance abusers. The program must emphasize a combination of

10  treatment and community supervision. Each offender must be

11  supervised according to a specific treatment plan. The program

12  may include the use of graduated sanctions for violations of

13  the conditions imposed by the court.

14         (2)  A court may impose conditions on a chronic

15  substance abuser which are in addition to all other standard

16  and special conditions otherwise imposed on the offender. A

17  court may order an offender to:

18         (a)  Enter, regularly attend, and successfully complete

19  a prescribed substance abuse treatment program provided by a

20  service provider licensed under chapter 397 or by a hospital

21  licensed under chapter 395. The court may refer the offender

22  to a service provider or hospital for evaluation and treatment

23  subject to the ability of the offender to pay for the

24  evaluation or treatment. If a referral is made, the offender

25  must attend the treatment program and pay the reasonable cost

26  of the evaluation and treatment.

27         (b)  Perform at least 250 hours of public service.

28         (c)  Submit to routine and random drug testing that may

29  be conducted during the supervision period, with the costs of

30  the drug testing borne by the offender.

31  

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 1         (d)  Participate, at his or her own expense, in an

 2  appropriate self-help group, such as Narcotics Anonymous,

 3  Alcoholics Anonymous, or Cocaine Anonymous, if available.

 4         (e)  Pay a fine of not less than $500 or more than

 5  $5,000 under s. 775.083(1)(c).

 6  

 7  Conditions imposed under this subsection do not require oral

 8  pronouncement at the time of sentencing and shall be

 9  considered standard conditions of community supervision for

10  offenders specified in this subsection.

11         (3)(1)  On or after October 1, 1993, any offender

12  person who violates s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,

13  (2)(a)1., or (5)(a) may, in the discretion of the trial court,

14  be required to successfully complete a term of community

15  supervision probation in lieu of serving a term of

16  imprisonment as required or authorized by s. 775.084, former

17  s. 921.001, or s. 921.002, as follows:

18         (a)  If the offender person has not previously been

19  convicted of violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,

20  (2)(a)1., or (5)(a), adjudication may be withheld and the

21  offender may be placed on community supervision probation for

22  not less than 18 months, as a condition of which the court

23  shall require the offender to reside at a community

24  residential drug punishment center for 90 days. The offender

25  must comply with all rules and regulations of the center and

26  must pay a fee for the costs of room and board and residential

27  supervision. Placement of an offender into a community

28  residential drug punishment center is subject to budgetary

29  considerations and availability of bed space. If the court

30  requires the offender to reside at a community residential

31  drug punishment center, the court shall also require the

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 1  offender to comply with one or more of the other following

 2  terms and conditions set forth in subsection (2).:

 3         1.  Pay a fine of not less than $500 nor more than

 4  $10,000 pursuant to s. 775.083(1)(c).

 5         2.  Enter, regularly attend, and successfully complete

 6  a substance abuse education program of at least 40 hours or a

 7  prescribed substance abuse treatment program provided by a

 8  treatment resource licensed pursuant to chapter 397 or by a

 9  hospital licensed pursuant to chapter 395, as specified by the

10  court. In addition, the court may refer the offender to a

11  licensed agency for substance abuse evaluation and, if

12  appropriate, substance abuse treatment subject to the ability

13  of the offender to pay for such evaluation and treatment. If

14  such referral is made, the offender must comply and must pay

15  for the reasonable cost of the evaluation and treatment.

16         3.  Perform at least 100 hours of public service.

17         4.  Submit to routine and random drug testing which may

18  be conducted during the probationary period, with the

19  reasonable costs thereof borne by the offender.

20         5.  Participate, at his or her own expense, in an

21  appropriate self-help group, such as Narcotics Anonymous,

22  Alcoholics Anonymous, or Cocaine Anonymous, if available.

23         (b)  If the person has been previously convicted of one

24  felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,

25  (2)(a)1., or (5)(a), adjudication may not be withheld and the

26  offender may be placed on community supervision probation for

27  not less than 24 months, as a condition of which the court

28  shall require the offender to reside at a community

29  residential drug punishment center for 180 days. The offender

30  must comply with all rules and regulations of the center and

31  must pay a fee for the costs of room and board and residential

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 1  supervision. Placement of an offender into a community

 2  residential drug punishment center is subject to budgetary

 3  considerations and availability of bed space. If the court

 4  requires the offender to reside at a community residential

 5  drug punishment center, the court shall also require the

 6  offender to comply with one or more of the other following

 7  terms and conditions set forth in subsection (2).:

 8         1.  Pay a fine of not less than $1,000 nor more than

 9  $10,000 pursuant to s. 775.083(1)(c).

10         2.  Enter, regularly attend, and successfully complete

11  a substance abuse education program of at least 40 hours or a

12  prescribed substance abuse treatment program provided by a

13  treatment resource licensed pursuant to chapter 397 or by a

14  hospital licensed pursuant to chapter 395, as specified by the

15  court. In addition, the court may refer the offender to a

16  licensed agency for substance abuse evaluation and, if

17  appropriate, substance abuse treatment subject to the ability

18  of the offender to pay for such evaluation and treatment. If

19  such referral is made, the offender must comply and must pay

20  for the reasonable cost of the evaluation and treatment.

21         3.  Perform at least 200 hours of public service.

22         4.  Submit to routine and random drug testing which may

23  be conducted during the probationary period, with the

24  reasonable costs thereof borne by the offender.

25         5.  Participate, at his or her own expense, in an

26  appropriate self-help group, such as Narcotics Anonymous,

27  Alcoholics Anonymous, or Cocaine Anonymous, if available.

28         (c)  If the person has been previously convicted of two

29  felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication

30  may not be withheld and the offender may be placed on

31  community supervision probation for not less than 36 months,

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 1  as a condition of which the court shall require the offender

 2  to reside at a community residential drug punishment center

 3  for 360 days. The offender must comply with all rules and

 4  regulations of the center and must pay a fee for the costs of

 5  room and board and residential supervision. Placement of an

 6  offender into a community residential drug punishment center

 7  is subject to budgetary considerations and availability of bed

 8  space. If the court requires the offender to reside at a

 9  community residential drug punishment center, the court shall

10  also require the offender to comply with one or more of the

11  other following terms and conditions set forth in subsection

12  (2).:

13         1.  Pay a fine of not less than $1,500 nor more than

14  $10,000 pursuant to s. 775.083(1)(c).

15         2.  Enter, regularly attend, and successfully complete

16  a substance abuse education program of at least 40 hours or a

17  prescribed substance abuse treatment program provided by a

18  treatment resource licensed pursuant to chapter 397 or by a

19  hospital licensed pursuant to chapter 395, as specified by the

20  court. In addition, the court may refer the offender to a

21  licensed agency for substance abuse evaluation and, if

22  appropriate, substance abuse treatment subject to the ability

23  of the offender to pay for such evaluation and treatment. If

24  such referral is made, the offender must comply and must pay

25  for the reasonable cost of the evaluation and treatment.

26         3.  Perform at least 300 hours of public service.

27         4.  Submit to routine and random drug testing which may

28  be conducted during the probationary period, with the

29  reasonable costs thereof borne by the offender.

30  

31  

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 1         5.  Participate, at his or her own expense, in an

 2  appropriate self-help group, such as Narcotics Anonymous,

 3  Alcoholics Anonymous, or Cocaine Anonymous, if available.

 4         (d)  An offender who violates community supervision

 5  probation imposed under pursuant to this section shall be

 6  sentenced in accordance with s. 921.002.

 7         (4)(2)  On or after October 1, 1993, any person who

 8  violates s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may,

 9  in the discretion of the trial court, be required to

10  successfully complete a term of community supervision

11  probation in lieu of serving a term of imprisonment as

12  required or authorized by s. 775.084, former s. 921.001, or s.

13  921.002, as follows:

14         (a)  If the person has not previously been convicted of

15  violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),

16  adjudication may be withheld and the offender shall be placed

17  on community supervision probation for not less than 12

18  months, as a condition of which the court may require the

19  offender to comply with one or more of the following terms and

20  conditions set forth in subsection (2).:

21         1.  Pay a fine of not less than $250 nor more than

22  $5,000 pursuant to s. 775.083(1)(c).

23         2.  Enter, regularly attend, and successfully complete

24  a substance abuse education program of at least 40 hours or a

25  prescribed substance abuse treatment program provided by a

26  treatment resource licensed pursuant to chapter 397 or by a

27  hospital licensed pursuant to chapter 395, as specified by the

28  court. In addition, the court may refer the offender to a

29  licensed agency for substance abuse evaluation and, if

30  appropriate, substance abuse treatment subject to the ability

31  of the offender to pay for such evaluation and treatment. If

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 1  such referral is made, the offender must comply and must pay

 2  for the reasonable cost of the evaluation and treatment.

 3         3.  Perform at least 50 hours of public service.

 4         4.  Submit to routine and random drug testing which may

 5  be conducted during the probationary period, with the

 6  reasonable costs thereof borne by the offender.

 7         5.  Participate, at his or her own expense, in an

 8  appropriate self-help group, such as Narcotics Anonymous,

 9  Alcoholics Anonymous, or Cocaine Anonymous, if available.

10         (b)  If the person has been previously convicted of one

11  felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or

12  (6)(a), adjudication may not be withheld and the offender may

13  be placed on community supervision probation for not less than

14  18 months, as a condition of which the court shall require the

15  offender to reside at a community residential drug punishment

16  center for 90 days. The offender must comply with all rules

17  and regulations of the center and must pay a fee for the costs

18  of room and board and residential supervision. Placement of an

19  offender into a community residential drug punishment center

20  is subject to budgetary considerations and availability of bed

21  space. If the court requires the offender to reside at a

22  community residential drug punishment center, the court shall

23  also require the offender to comply with one or more of the

24  other following terms and conditions set forth in subsection

25  (2).:

26         1.  Pay a fine of not less than $500 nor more than

27  $5,000 pursuant to s. 775.083(1)(c).

28         2.  Enter, regularly attend, and successfully complete

29  a substance abuse intervention program of a least 80 hours

30  provided by a treatment resource licensed pursuant to chapter

31  397 or by a hospital licensed pursuant to chapter 395, as

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 1  specified by the court. In addition, the court may refer the

 2  offender to a licensed agency for substance abuse evaluation

 3  and, if appropriate, substance abuse treatment subject to the

 4  ability of the offender to pay for such evaluation and

 5  treatment. If such referral is made, the offender must comply

 6  and must pay for the reasonable cost of the evaluation and

 7  treatment.

 8         3.  Perform at least 100 hours of public service.

 9         4.  Submit to routine and random drug testing which may

10  be conducted during the probationary period, with the

11  reasonable costs thereof borne by the offender.

12         5.  Participate, at his or her own expense, in an

13  appropriate self-help group, such as Narcotics Anonymous,

14  Alcoholics Anonymous, or Cocaine Anonymous, if available.

15         (c)  If the person has been previously convicted of two

16  felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),

17  adjudication may not be withheld and the offender may be

18  placed on community supervision probation for not less than 24

19  months, as a condition of which the court shall require the

20  offender to reside at a community residential drug punishment

21  center for 120 days. The offender must comply with all rules

22  and regulations of the center and must pay a fee for the costs

23  of room and board and residential supervision. Placement of an

24  offender into a community residential drug punishment center

25  is subject to budgetary considerations and availability of bed

26  space. If the court requires the offender to reside at a

27  community residential drug punishment center, the court shall

28  also require the offender to comply with one or more of the

29  other following terms and conditions set forth in subsection

30  (2).:

31  

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 1         1.  Pay a fine of not less than $1,000 nor more than

 2  $5,000 pursuant to s. 775.083(1)(c).

 3         2.  Enter, regularly attend, and successfully complete

 4  a prescribed substance abuse treatment program provided by a

 5  treatment resource licensed pursuant to chapter 397 or by a

 6  hospital licensed pursuant to chapter 395, as specified by the

 7  court. In addition, the court may refer the offender to a

 8  licensed agency for substance abuse evaluation and, if

 9  appropriate, substance abuse treatment subject to the ability

10  of the offender to pay for such evaluation and treatment. If

11  such referral is made, the offender must comply and must pay

12  for the reasonable cost of the evaluation and treatment.

13         3.  Perform at least 150 hours of public service.

14         4.  Submit to routine and random drug testing which may

15  be conducted during the probationary period, with the

16  reasonable costs thereof borne by the offender.

17         5.  Participate, at his or her own expense, in an

18  appropriate self-help group, such as Narcotics Anonymous,

19  Alcoholics Anonymous, or Cocaine Anonymous, if available.

20         (d)  If the person has been previously convicted of

21  three felony violations of s. 893.13(2)(a)2., (5)(b), or

22  (6)(a), adjudication may not be withheld and the offender may

23  be placed on community supervision probation for not less than

24  30 months, as a condition of which the court shall require the

25  offender to reside at a community residential drug punishment

26  center for 200 days. The offender must comply with all rules

27  and regulations of the center and must pay a fee for the costs

28  of room and board and residential supervision. Placement of an

29  offender into a community residential drug punishment center

30  is subject to budgetary considerations and availability of bed

31  space. If the court requires the offender to reside at a

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 1  community residential drug punishment center, the court shall

 2  also require the offender to comply with one or more of the

 3  other following terms and conditions set forth in subsection

 4  (2).:

 5         1.  Pay a fine of not less than $1,500 nor more than

 6  $5,000 pursuant to s. 775.083(1)(c).

 7         2.  Enter, regularly attend, and successfully complete

 8  a prescribed substance abuse treatment program provided by a

 9  treatment resource licensed pursuant to chapter 397 or by a

10  hospital licensed pursuant to chapter 395, as specified by the

11  court. In addition, the court may refer the offender to a

12  licensed agency for substance abuse evaluation and, if

13  appropriate, substance abuse treatment subject to the ability

14  of the offender to pay for such evaluation and treatment. If

15  such referral is made, the offender must comply and must pay

16  for the reasonable cost of the evaluation and treatment.

17         3.  Perform at least 200 hours of public service.

18         4.  Submit to routine and random drug testing which may

19  be conducted during the probationary period, with the

20  reasonable costs thereof borne by the offender.

21         5.  Participate, at his or her own expense, in an

22  appropriate self-help group, such as Narcotics Anonymous,

23  Alcoholics Anonymous, or Cocaine Anonymous, if available.

24         (e)  If the person has been previously convicted of

25  four felony violations of s. 893.13(2)(a)2., (5)(b), or

26  (6)(a), adjudication may not be withheld and the offender may

27  be placed on community supervision probation for not less than

28  36 months, as a condition of which the court shall require the

29  offender to reside at a community residential drug punishment

30  center for 360 days. The offender must comply with all rules

31  and regulations of the center and must pay a fee for the costs

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 1  of room and board and residential supervision. Placement of an

 2  offender into a community residential drug punishment center

 3  is subject to budgetary considerations and availability of bed

 4  space. If the court requires the offender to reside at a

 5  community residential drug punishment center, the court shall

 6  also require the offender to comply with one or more of the

 7  other following terms and conditions set forth in subsection

 8  (2).:

 9         1.  Pay a fine of not less than $2,000 nor more than

10  $5,000 pursuant to s. 775.083(1)(c).

11         2.  Enter, regularly attend, and successfully complete

12  a prescribed substance abuse treatment program provided by a

13  treatment resource licensed pursuant to chapter 397 or by a

14  hospital licensed pursuant to chapter 395, as specified by the

15  court. In addition, the court may refer the offender to a

16  licensed agency for substance abuse evaluation and, if

17  appropriate, substance abuse treatment subject to the ability

18  of the offender to pay for such evaluation and treatment. If

19  such referral is made, the offender must comply and must pay

20  for the reasonable cost of the evaluation and treatment.

21         3.  Perform at least 250 hours of public service.

22         4.  Submit to routine and random drug testing which may

23  be conducted during the probationary period, with the

24  reasonable costs thereof borne by the offender.

25         5.  Participate, at his or her own expense, in an

26  appropriate self-help group, such as Narcotics Anonymous,

27  Alcoholics Anonymous, or Cocaine Anonymous, if available.

28         (f)  An offender who violates probation imposed under

29  pursuant to this section shall be sentenced in accordance with

30  s. 921.002.

31  

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 1         (5)(3)  Whenever the licensed service authorized

 2  provider for substance abuse treatment pursuant to this

 3  section is the same provider that conducts the substance abuse

 4  evaluations, that provider must submit a quarterly statistical

 5  report that shall be reviewed by the Department of Children

 6  and Family Services to ensure that excessive referrals to

 7  treatment have not been made. A programmatic and statistical

 8  report must be submitted annually to the Department of

 9  Children and Family Services by each provider authorized to

10  provide services under this section.

11         (6)(4)  For the purposes of this section, multiple

12  violations of any provision of chapter 893 which are pending

13  before the court for sentencing at the same time and from the

14  same criminal episode shall be considered as one violation.

15         (7)(5)  The Department of Corrections, in consultation

16  with the Department of Children and Family Services, shall

17  adopt rules as necessary to implement the provisions of this

18  section relating to program standards and performance

19  objectives of community residential drug punishment centers.

20         Section 13.  Section 948.0345, Florida Statutes, is

21  amended to read:

22         948.0345  Community service alternative to fine; fine

23  disposal.--Fines imposed under s. 948.034 pursuant to s.

24  948.034(1) and (2) shall be disposed of under pursuant to s.

25  938.23(2).  If the court finds that an offender is financially

26  unable to pay all or part of the fine, the court may order the

27  offender to perform community service for a specified

28  additional period of time in lieu of payment of that portion

29  of the fine which the court determines the offender is unable

30  to pay.  The court shall take into consideration the amount of

31  the unpaid portion of the fine and the reasonable value of the

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 1  services; however, the court shall not compute the reasonable

 2  value of services at a rate less than the federal minimum wage

 3  at the time of placing the offender on probation.

 4         Section 14.  Section 948.035, Florida Statutes, is

 5  amended to read:

 6         948.035  Residential treatment as a condition of

 7  probation or community supervision control.--

 8         (1)  If the court imposes a period of residential

 9  treatment or incarceration as a condition of probation or

10  community supervision control, the residential treatment or

11  incarceration shall be restricted to the following facilities:

12         (a)  A Department of Corrections probation and

13  restitution center;

14         (b)  A probation program drug punishment treatment

15  community;

16         (c)  A community residential facility which is owned

17  and operated by any public or private entity, excluding a

18  community correctional center as defined in s. 944.026; or

19         (d)  A county-owned facility.

20         (2)  It is the intent of the Legislature that a county

21  jail be used as the last available alternative for placement

22  of an offender as a condition of supervision probation.

23  However, this does shall not create a right of placement for

24  the offender and does not probationer, nor shall it restrict

25  judicial discretion in ordering such treatment or

26  incarceration.

27         (3)  Before Prior to admission to such a facility or

28  treatment community, the court shall obtain an individual

29  assessment and recommendation on the appropriate treatment

30  needs of the offender pursuant to the Community Control

31  Implementation Manual which shall be considered by the court

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 1  in ordering such placements. Placement in such a facility or

 2  center, or in the phase I secure residential phase of a

 3  probation program drug punishment treatment community, may

 4  shall not exceed 364 days. Early completion of an offender's

 5  placement shall be recommended to the court, when appropriate,

 6  by the facility or center supervisor, by the supervising

 7  probation officer, or by the program manager. The Department

 8  of Corrections is authorized to contract with appropriate

 9  agencies for provision of services.

10         Section 15.  Section 948.036, Florida Statutes, is

11  amended to read:

12         948.036  Work programs as a condition of probation,

13  community control, or other court-ordered community

14  supervision.--

15         (1)  Whenever an offender is required by the court to

16  participate in any work program under the provisions of this

17  chapter, enters into the pretrial intervention program under

18  pursuant to s. 948.08, or volunteers to work in a supervised

19  work program conducted by a specified state, county,

20  municipal, or community service organization or to work for

21  the victim, either as an alternative to monetary restitution

22  or as a part of the rehabilitative or community supervision

23  control program, the offender shall be considered an employee

24  of the state for the purposes of chapter 440.

25         (2)  In determining the average weekly wage, unless

26  otherwise determined by a specific funding program, all

27  remuneration received from the employer shall be considered a

28  gratuity, and the offender is shall not be entitled to any

29  benefits otherwise payable under s. 440.15, regardless of

30  whether the offender may be receiving wages and remuneration

31  from other employment with another employer and regardless of

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 1  his or her future wage-earning capacity. The provisions of

 2  this section do not apply to any person performing labor under

 3  a sentence of a court to perform community services as

 4  provided in s. 316.193.

 5         Section 16.  Section 948.037, Florida Statutes, is

 6  amended to read:

 7         948.037  Education and learning as a condition of

 8  probation or community supervision control.--

 9         (1)  As a condition of community supervision control,

10  probation, or probation following incarceration, the court

11  shall require an offender who has not obtained a high school

12  diploma or high school equivalency diploma or who lacks basic

13  or functional literacy skills, upon acceptance by an adult

14  education program, to make a good faith effort toward

15  completion of such basic or functional literacy skills or high

16  school equivalency diploma, as defined in s. 1003.435, in

17  accordance with the assessed adult general education needs of

18  the individual offender. The court may shall not revoke

19  community supervision control, probation, or probation

20  following incarceration because of the offender's inability to

21  achieve the such skills or diploma but may revoke community

22  supervision control, probation, or probation following

23  incarceration if the offender fails to make a good faith

24  effort to achieve such skills or diploma. The court may grant

25  early termination of community supervision control, probation,

26  or probation following incarceration upon the offender's

27  successful completion of the approved program. As used in this

28  subsection, the term "good faith effort" means the offender is

29  enrolled in a program of instruction and is attending and

30  making satisfactory progress toward completion of the

31  requirements.

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 1         (2)  A juvenile on community supervision control who is

 2  a public school student must attend a public adult education

 3  program or a dropout prevention program, under pursuant to s.

 4  1003.53, which includes a second chance school or an

 5  alternative to expulsion, if the school district where the

 6  juvenile is enrolled offers such programs, unless the

 7  principal of the school determines that special circumstances

 8  warrant continuation in the regular educational school

 9  program.

10         (3)  If a juvenile on community supervision control

11  attends a regular educational school program because a public

12  adult education program or dropout prevention program, which

13  includes a second chance school or an alternative to

14  expulsion, is not available in the school district, the

15  identity of the juvenile on community control, the nature of

16  the felony offense committed by the juvenile, and the

17  conditions of community control must be made known to each of

18  the student's teachers.

19         Section 17.  Section 948.038, Florida Statutes, is

20  amended to read:

21         948.038  Batterers' intervention program as a condition

22  of probation, community control, or other court-ordered

23  community supervision.--As a condition of probation, community

24  control, or any other court-ordered community supervision, the

25  court shall order an offender a person convicted of an offense

26  of domestic violence, as defined in s. 741.28, to attend and

27  successfully complete a batterers' intervention program unless

28  the court determines that the offender person does not qualify

29  for the batterers' intervention program under pursuant to s.

30  741.325. The batterers' intervention program must be a program

31  

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 1  certified under s. 741.32, and the offender must pay the cost

 2  of attending the program.

 3         Section 18.  Section 948.039, Florida Statutes, is

 4  amended to read:

 5         948.039  Special terms and conditions of probation or

 6  community supervision control imposed by court order.--The

 7  court may determine any special terms and conditions of

 8  probation or community supervision control. The terms and

 9  conditions should be reasonably related to the circumstances

10  of the offense committed and appropriate for the offender. The

11  court shall impose the special terms and conditions by oral

12  pronouncement at sentencing and include the terms and

13  conditions in the written sentencing order. Special terms and

14  conditions may include, but are not limited to, requirements

15  that the offender:

16         (1)  Attend an HIV/AIDS awareness program consisting of

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

18  length, if the such a program is available in the county of

19  the offender's residence. The offender shall pay the cost of

20  attending the program.

21         (2)  Pay not more than $1 per month during the term of

22  probation or community supervision control to a nonprofit

23  organization established for the sole purpose of supplementing

24  the rehabilitative efforts of the department of Corrections.

25         Section 19.  Section 948.04, Florida Statutes, is

26  amended to read:

27         948.04  Period of community supervision probation; duty

28  of offender probationer; early termination.--

29         (1)  Offenders Defendants found guilty of felonies who

30  are placed on community supervision probation shall be under

31  supervision not to exceed 2 years unless otherwise specified

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 1  by the court. An offender No defendant placed on community

 2  supervision probation pursuant to s. 948.012(1) or s. 948.034

 3  is not subject to the probation limitations of this

 4  subsection. An offender A defendant who is placed on probation

 5  or community supervision control for a violation of chapter

 6  794 or chapter 827 is subject to the maximum level of

 7  supervision provided by the supervising agency, and that

 8  supervision shall continue through the full term of the

 9  court-imposed probation or community supervision control.

10         (2)  Upon the termination of the period of community

11  supervision probation, the offender probationer shall be

12  released from supervision probation and is not liable to

13  sentence for the offense for which community supervision

14  probation was allowed. During the period of community

15  supervision probation, the probationer shall perform the terms

16  and conditions of his or her supervision probation.

17         (3)  If the offender probationer has performed

18  satisfactorily, has not been found in violation of any terms

19  or conditions of supervision, and has met all financial

20  sanctions imposed by the court, including, but not limited to,

21  fines, court costs, and restitution, the Department of

22  Corrections may recommend early termination of supervision

23  probation to the court at any time before the scheduled

24  termination date.

25         Section 20.  Section 948.05, Florida Statutes, is

26  amended to read:

27         948.05  Court to admonish or commend probationer or

28  offender in community supervision control.--A court may at any

29  time cause an a probationer or offender in community

30  supervision control to appear before it to be admonished or

31  commended, and, when satisfied that its action will be for the

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 1  best interests of justice and the welfare of society, it may

 2  discharge the probationer or offender in community control

 3  from further supervision.

 4         Section 21.  Section 948.06, Florida Statutes, is

 5  amended to read:

 6         948.06  Violation of probation or community supervision

 7  control; revocation; modification; continuance; failure to pay

 8  restitution or cost of supervision.--

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

10  community supervision control there are reasonable grounds to

11  believe that an a probationer or offender in community control

12  has violated his or her probation or community supervision

13  control in a material respect, any law enforcement officer who

14  is aware of the probationary or community control status of

15  the probationer or offender in community control or any parole

16  or probation supervisor may arrest or request any county or

17  municipal law enforcement officer to arrest the such

18  probationer or offender without warrant wherever found and

19  forthwith return him or her to the court granting such

20  probation or community supervision control. If a law

21  enforcement officer has reasonable grounds to believe that an

22  offender on community supervision has violated the terms or

23  conditions of his or her supervision, the law enforcement

24  officer shall arrest the offender without warrant and take the

25  offender into custody.

26         (b)  Any committing trial court judge may issue a

27  warrant, upon the facts being made known to him or her by

28  affidavit of one having knowledge of the such facts, for the

29  arrest of the probationer or offender, returnable forthwith

30  before the court granting such probation or community

31  supervision control.

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 1         (c)  Any law enforcement parole or probation

 2  supervisor, any officer authorized to serve criminal process,

 3  or any peace officer may of this state is authorized to serve

 4  and execute the such warrant.

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

 6  violation of probation or community control and Following

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

 8  arrest, the probationary period of supervision is tolled until

 9  the court enters a ruling on the violation. Notwithstanding

10  the tolling of supervision probation as provided in this

11  subsection, the court shall retain jurisdiction over the

12  offender for any violation of the conditions of probation or

13  community supervision which control that is alleged to have

14  occurred during the tolling period. The correctional probation

15  officer is permitted to continue to supervise any offender who

16  remains available to the officer for supervision until the

17  supervision expires under pursuant to the order of probation

18  or community supervision control or until the court revokes or

19  terminates the supervision probation or community control,

20  whichever occurs comes first.

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

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

23  charge of violation and, if the such charge is admitted to be

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

25  or community supervision in a specified supervision level

26  control or place the probationer into a community control

27  program.

28         (b)  If supervision probation or community control is

29  revoked, the court shall adjudge the probationer or offender

30  guilty of the offense charged and proven or admitted, unless

31  he or she has previously been adjudged guilty, and impose any

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 1  sentence that which it might have originally imposed before

 2  placing the probationer on probation or the offender on into

 3  community supervision control.

 4         (c)  If the such violation of probation or community

 5  supervision control is not admitted by the probationer or

 6  offender, the court may commit him or her or release him or

 7  her with or without bail to await further hearing, or it may

 8  dismiss the charge of probation or community supervision

 9  control violation.

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

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

12  court, as soon as may be practicable, shall give the

13  probationer or offender an opportunity to be fully heard on

14  his or her behalf in person or by counsel.

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

16  modify, or continue the probation or community supervision

17  control or place the offender probationer into community

18  supervision control. If the such probation or community

19  supervision control is revoked, the court shall adjudge the

20  probationer or offender guilty of the offense charged and

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

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

23  originally imposed before placing the probationer or offender

24  on supervision probation or into community control.

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

26  probation or community supervision control has been tolled,

27  upon revocation or modification of the supervision probation

28  or community control, the court may impose a sanction with a

29  term that when combined with the amount of supervision served

30  and tolled, exceeds the term permissible under pursuant to s.

31  

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 1  775.082 for a term up to the amount of the tolled period of

 2  supervision.

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

 4  violation of supervision probation or community control, the

 5  offender's supervision probation or community control shall

 6  continue as previously imposed, and the offender shall receive

 7  credit for all tolled time against his or her term of

 8  probation or community supervision control.

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

10  supervision following a revocation of probation or community

11  supervision control, it shall not provide credit for time

12  served while on probation or community supervision control

13  toward any subsequent term of probation or community

14  supervision control. However, the court may not impose a

15  subsequent term of probation or community supervision control

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

17  preceding terms of supervision probation or community control

18  for offenses before the court for sentencing, would exceed the

19  maximum penalty allowable as provided by s. 775.082. No part

20  of the time that the offender defendant is under supervision

21  on probation or in community control shall be considered as

22  any part of the time that he or she shall be sentenced to

23  serve.

24         (4)  Notwithstanding any other provision of this

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

26  is arrested for violating his or her probation or community

27  supervision control in a material respect may be taken before

28  the court in the county or circuit in which the probationer or

29  offender was arrested. That court shall advise him or her of

30  the such charge of a violation and, if the such charge is

31  admitted, shall cause him or her to be brought before the

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 1  court which granted the probation or community supervision

 2  control. If the such violation is not admitted by the

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

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

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

 6  probationer or offender an opportunity to be fully heard on

 7  his or her behalf in person or by counsel. After the such

 8  hearing, the court shall make findings of fact and forward the

 9  findings to the court which granted the probation or community

10  supervision control and to the probationer or offender or his

11  or her attorney. The findings of fact by the hearing court are

12  binding on the court which granted the probation or community

13  supervision control.  Upon the probationer or offender being

14  brought before it, the court that which granted the probation

15  or community supervision control may revoke, modify, or

16  continue supervision the probation or community control or may

17  place the offender probationer into community supervision

18  control as provided in this section.

19         (5)  (a)  A court may revoke community supervision if

20  the offender fails to comply with an order or condition of

21  supervision requiring the offender to pay restitution under s.

22  775.089 or pay the cost of supervision under s. 948.09.

23         (b)  In any hearing in which the failure of an a

24  probationer or offender in community control to pay

25  restitution or the cost of supervision as provided in s.

26  948.09, as directed, is established by the state, if the

27  probationer or offender asserts his or her inability to pay

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

29  the probationer or offender must to prove by clear and

30  convincing evidence that he or she does not have the present

31  resources available to pay restitution or the cost of

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 1  supervision despite sufficient bona fide efforts legally to

 2  acquire the resources to do so. The court shall consider the

 3  offender's employment status, earning ability, and financial

 4  resources, and any other special circumstances that may have a

 5  bearing on the offender's ability to pay.

 6         (c)  If the probationer or offender cannot pay

 7  restitution or the cost of supervision despite sufficient bona

 8  fide efforts, the court shall consider alternate measures of

 9  punishment other than imprisonment. Only if alternate measures

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

11  and deterrence may The court may not imprison an a probationer

12  or offender in community control who has demonstrated

13  sufficient bona fide efforts to pay restitution or the cost of

14  supervision unless the alternate measures are not adequate to

15  meet the state's interests in punishment and deterrence.

16         (6)  Any offender parolee in a community supervision

17  control program who has allegedly violated the terms and

18  conditions of the such placement is subject to the provisions

19  of ss. 947.22 and 947.23.

20         (7)  Any provision of law to the contrary

21  notwithstanding, whenever probation, community supervision

22  control, or control release, including the probationary,

23  community control portion of a split sentence, is violated and

24  the probation or community control is revoked, the offender,

25  by reason of his or her misconduct, is shall be deemed to have

26  forfeited all gain-time or commutation of time for good

27  conduct, as provided by law, earned up to the date of his or

28  her release on supervision probation, community control, or

29  control release. This subsection does not deprive the prisoner

30  of his or her right to gain-time or commutation of time for

31  good conduct, as provided by law, from the date on which the

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 1  offender prisoner is returned to prison. However, if a

 2  prisoner is sentenced to incarceration following termination

 3  from a drug punishment program imposed as a condition of

 4  probation, the sentence may include incarceration without the

 5  possibility of gain-time or early release for the period of

 6  time remaining in his or her treatment program placement term.

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

 8  direct the department to use a

 9  technical-violation-notification letter when an offender's

10  violation of community supervision does not constitute a new

11  misdemeanor or felony offense. The

12  technical-violation-notification letter shall be used in lieu

13  of submitting a violation report, affidavit, and warrant. The

14  chief judge shall notify the department of its decision in

15  writing. The judge's decision shall include detailing the

16  specific technical violations eligible for the

17  technical-violation-notification letter, the process by which

18  the department must submit the notification letter, and the

19  actions the court intends to take in response to the

20  notification. The department shall then send a technical

21  notification letter to the court in accordance with the chief

22  judge's directions.

23         Section 22.  Section 948.09, Florida Statutes, is

24  amended to read:

25         948.09  Payment for restitution, court costs, fees, and

26  fines, and for the cost of supervision and rehabilitation.--

27         (1)(a)1.  Any offender person ordered by the court, the

28  department of Corrections, or the parole commission to be

29  placed on probation, drug offender probation, community

30  supervision control, parole, control release, provisional

31  release supervision, addiction-recovery supervision, or

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 1  conditional release supervision under chapter 944, chapter

 2  945, chapter 947, chapter 948, or chapter 958, or in a

 3  pretrial intervention program, must, as a condition of any

 4  placement, pay the department a total sum of money equal to

 5  the total month or portion of a month of supervision times the

 6  court-ordered amount, but not to exceed the actual per diem

 7  cost of the supervision. The department shall adopt rules by

 8  which an offender who pays in full and in advance of regular

 9  termination of supervision may receive a reduction in the

10  amount due. The rules shall incorporate provisions by which

11  the offender's ability to pay is linked to an established

12  written payment plan. Funds collected from felony offenders

13  may be used to offset costs of the Department of Corrections

14  associated with community supervision programs, subject to

15  appropriation by the Legislature.

16         2.  In addition to any other contribution or surcharge

17  imposed by this section, each felony offender assessed under

18  this paragraph shall pay a $2-per-month surcharge to the

19  department. The surcharge shall be deemed to be paid only

20  after the full amount of any monthly payment required by the

21  established written payment plan has been collected by the

22  department. These funds shall be used by the department to pay

23  for correctional probation officers' training and equipment,

24  including radios, and firearms training, firearms, and

25  attendant equipment necessary to train and equip officers who

26  choose to carry a concealed firearm while on duty. Nothing in

27  This subparagraph does not shall be construed to limit the

28  department's authority to determine who shall be authorized to

29  carry a concealed firearm while on duty, or to limit the right

30  of a correctional probation officer to carry a personal

31  firearm approved by the department.

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 1         (b)  Any offender person placed on misdemeanor

 2  probation by a county court must contribute not less than $40

 3  per month, as decided by the sentencing court, to the

 4  court-approved public or private entity providing misdemeanor

 5  supervision.

 6         (2)  Any offender person being electronically monitored

 7  by the department as a result of placement on community

 8  supervision control shall be required to pay as a surcharge an

 9  amount that may not exceed the full cost of the monitoring

10  service in addition to the cost of supervision fee as directed

11  by the sentencing court. The surcharge shall be deposited in

12  the General Revenue Fund.

13         (3)  Any failure to pay contribution as required under

14  this section may constitute a ground for the revocation of

15  supervision probation by the court, the revocation of parole

16  or conditional release by the Parole Commission, or the

17  revocation of control release by the Control Release

18  Authority, or removal from the pretrial intervention program

19  by the state attorney. The department of Corrections may

20  exempt a person from the payment of all or any part of the

21  contribution if it finds any of the following factors to

22  exist:

23         (a)  The offender has diligently attempted, but has

24  been unable, to obtain employment that which provides him or

25  her sufficient income to make the such payments.

26         (b)  The offender is a student in a school, college,

27  university, or course of career training designed to fit the

28  student for gainful employment. Certification of the

29  offender's such student status shall be supplied to the

30  department Secretary of Corrections by the educational

31  institution in which the offender is enrolled.

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 1         (c)  The offender has an employment handicap, as

 2  determined by a physical, psychological, or psychiatric

 3  examination acceptable to, or ordered by, the secretary.

 4         (d)  The offender's age prevents him or her from

 5  obtaining employment.

 6         (e)  The offender is responsible for the support of

 7  dependents, and the payment of the such contribution

 8  constitutes an undue hardship on the offender.

 9         (f)  The offender has been transferred outside the

10  state under an interstate compact adopted under pursuant to

11  chapter 949.

12         (g)  There are other extenuating circumstances, as

13  determined by the secretary.

14         (4)  In addition to the contribution required under

15  subsection (1), the department may provide a maximum payment

16  of $10 per month for each misdemeanor offender probationer who

17  is contributing $10 per month to the court-approved public or

18  private entity which is providing him or her with misdemeanor

19  supervision or rehabilitation. The $10 payment set forth in

20  this subsection herein shall only be for first-degree first

21  degree misdemeanors, petty theft, and worthless checks. The

22  department shall make such payment to the court-approved

23  public or private entity that which is providing supervision

24  to the offender under this section. The Such payment shall be

25  implemented through a contract to be entered into by the

26  department Secretary of Corrections and the entity. Terms of

27  the contract shall state, but are not limited to, the extent

28  of the services to be rendered by the entity providing

29  supervision or rehabilitation. In addition, the entity shall

30  supply the department with a monthly report documenting the

31  acceptance of each offender placed under its supervision by

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 1  the court, documenting the payment of the required

 2  contribution by each offender under supervision or

 3  rehabilitation, and notifying the department of all offenders

 4  for whom supervision or rehabilitation will be terminated.

 5  Supervisory records of the entity shall be open to inspection

 6  upon the request of the department or its agents.

 7         (5)  As a condition of an interstate compact adopted

 8  under pursuant to chapter 949, the department shall require

 9  each out-of-state offender probationer or parolee transferred

10  to this state to contribute not less than $30 or more than the

11  cost of supervision, certified by the department of

12  Corrections, per month to defray the cost incurred by this

13  state as a result of providing supervision and rehabilitation

14  during the period of supervision.

15         (6)  In addition to any other required contributions,

16  the department, at its discretion, may require offenders under

17  any form of supervision to submit to and pay for urinalysis

18  testing to identify drug usage as part of the rehabilitation

19  program.  Any failure to make the such payment, or

20  participate, may be considered a ground for revocation by the

21  court, the Parole Commission, or the Control Release

22  Authority, or for removal from the pretrial intervention

23  program by the state attorney.  The department may exempt a

24  person from such payment if it determines that any of the

25  factors specified in subsection (3) exist.

26         (7)  The department may shall establish a payment plan

27  for all costs ordered by the courts for collection by the

28  department and a priority order for payments, except that

29  victim restitution payments authorized under s. 948.03(5) must

30  take precedence over all other court-ordered payments. The

31  department is not required to disburse cumulative amounts of

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 1  less than $10 to individual payees established on this payment

 2  plan.

 3         (8)  The department may assess an administrative fee of

 4  $5 for each month the offender is delinquent in paying the

 5  department the monetary obligations according to a payment

 6  schedule imposed on the offender.

 7         Section 23.  Section 948.10, Florida Statutes, is

 8  amended to read:

 9         948.10  Community control programs.--

10         (1)  The department of Corrections shall develop and

11  administer a community control program.  The Such community

12  control program and required manuals shall be developed in

13  consultation with the Florida Conference of Circuit Court

14  Judges and the office of the State Courts Administrator.  This

15  complementary program shall be rigidly structured and designed

16  to accommodate offenders who, in the absence of such a

17  program, would have been incarcerated. The program shall focus

18  on the provision of sanctions and consequences which are

19  commensurate with the seriousness of the crime.  The program

20  shall offer the courts and the Parole Commission an

21  alternative, community-based method to punish an offender in

22  lieu of incarceration when the offender is a member of one of

23  the following target groups:

24         (a)  Community supervision Probation violators charged

25  with technical violations or misdemeanor violations.

26         (b)  Parole violators charged with technical violations

27  or misdemeanor violations.

28         (c)  Individuals found guilty of felonies, who, due to

29  their criminal backgrounds or the seriousness of the offenses,

30  would not be placed on other types of community supervision

31  regular probation.

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 1         (2)  An offender may not be placed in community control

 2  if:

 3         (a)  Convicted of or adjudication withheld for a

 4  forcible felony as defined in s. 776.08, and

 5         (b)  Previously convicted of or adjudication withheld

 6  for a forcible felony as defined in s. 776.08.

 7  

 8  Nothing in this subsection prohibits placement of certain

 9  inmates on community control pursuant to s. 947.1747.  For the

10  purposes of this subsection, a forcible felony does not

11  include manslaughter or burglary.

12         (2)(3)  The department may not shall commit not less

13  than 10 percent of the parole and probation field staff and

14  supporting resources to the operation of the community control

15  program. Caseloads should be restricted to a number determined

16  by the department using the caseload equalization strategy

17  maximum of 25 cases per officer in order to ensure an adequate

18  level of staffing. Community control is an individualized

19  program in which the offender is restricted to

20  noninstitutional quarters or restricted to his or her own

21  residence subject to an authorized level of limited freedom.

22         (3)(4)  The department shall develop and implement

23  procedures to diagnose offenders during the prison intake

24  process in order to recommend to the sentencing courts, during

25  the period of retained jurisdiction, suitable candidates for

26  placement in a program of community control.

27         (5)  The Department of Corrections shall develop, or

28  shall contract for the development of, an implementation

29  manual, a resource directory, and training programs for

30  implementing community control programs.

31  

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 1         (a)1.  The community control implementation manual

 2  shall include, but shall not be limited to, an explanation of

 3  the types of offenders who should be placed in community

 4  control programs, procedures for diagnosing offenders,

 5  objectives and goals of such placements, examples of

 6  alternative placements based upon the experience of other

 7  states, and instruction in developing an individualized

 8  program for each offender.

 9         2.  An offender's individualized program shall include

10  diagnosis of treatment needs in the areas of education,

11  substance abuse, and mental health, as well as community

12  sanction provisions, restitution and community service

13  provisions, rehabilitation objectives and programs, and a

14  schedule for periodic review and reevaluation of such

15  individualized programs. Individualized programs for offenders

16  who committed controlled substance violations shall include

17  provision for the conduct of random substance abuse testing

18  intermittently throughout the term of supervision, upon the

19  direction of the correctional probation officer as defined in

20  s. 943.10(3).

21         (b)  The community control resource directory shall

22  include, but shall not be limited to, for each circuit in the

23  state, an identification and description of community

24  resources that are available for the implementation of

25  community control programs, which resources include the

26  following:

27         1.  The name, address, phone, county location,

28  capacity, and cost.

29         2.  Client eligibility and characteristics which

30  prohibit acceptance.

31         3.  The objectives of the program.

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 1         4.  The primary source of referrals.

 2         5.  The average length of stay.

 3         6.  The services offered.

 4         (c)  Training programs shall be provided for

 5  correctional field staff, local offender advisory councils,

 6  and others responsible for the implementation of community

 7  control programs.

 8         (6)  The Florida Court Education Council and the office

 9  of the State Courts Administrator shall coordinate the

10  development and implementation of a reference manual,

11  directory, and training programs for judges in relation to

12  community control disposition.

13         (4)(7)  Upon written request, when an offender is

14  placed on community control, the department shall notify:

15         (a)  The original arresting law enforcement agency.

16         (b)  The sheriff or chief law enforcement officer of

17  the county in which the offender is to be placed.

18         (c)  The chief officer of any local law enforcement

19  agency within whose jurisdiction the offender is to be placed.

20         (d)  The victim of the offense, the victim's parent or

21  guardian if the victim is a minor, the lawful representative

22  of the victim or the victim's parent or guardian if the victim

23  is a minor, or the next of kin if the victim is a homicide

24  victim.

25  

26  Such Notification shall include the name and street address of

27  the offender, the length of supervision, and the nature of the

28  offense. Update notification must be provided with respect to

29  violation of the terms or conditions of the placement.

30         (8)  If an offender is sentenced to community control

31  by the court and the offender is ineligible to be placed on

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 1  community control as provided in subsection (2), the

 2  department shall:

 3         (a)  Review and verify whether an ineligible offender

 4  was placed on community control.

 5         (b)  Within 30 days after receipt of the order, notify

 6  the sentencing judge, the state attorney, and the Attorney

 7  General that the offender was ineligible for placement on

 8  community control.

 9         (c)  Provide a quarterly report to the chief judge and

10  the state attorney of each circuit citing the number of

11  ineligible offenders placed on community control within that

12  circuit.

13         (d)  Provide an annual report to the Governor, the

14  President of the Senate, the Speaker of the House of

15  Representatives, and the Chief Justice of the Supreme Court on

16  the placement of ineligible offenders on community control in

17  order to assist in preparing judicial education programs or

18  for any other purpose.

19         (5)(9)  Procedures governing violations of community

20  control are shall be the same as those described in s. 948.06

21  with respect to probation.

22         (6)(10)  Upon completion of the sanctions imposed in

23  the community control plan before the expiration of the term

24  ordered by the court, the department may petition the court to

25  discharge the offender from community control supervision or

26  to return the offender to another type of community a program

27  of regular probation supervision. In considering the petition,

28  the court should recognize the limited staff resources

29  committed to the community control program, the purpose of the

30  program, and the offender's successful compliance with the

31  conditions set forth in the order of the court.

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 1         (11)  The Department of Corrections shall:

 2         (a)  Develop and maintain a weighted statewide caseload

 3  equalization strategy designed to ensure that high-risk

 4  offenders receive the highest level of supervision; and

 5         (b)  Develop and implement a supervision risk

 6  assessment instrument for the community control population

 7  which is similar to the probation risk assessment instrument

 8  established by the National Institute of Justice.

 9         (12)  In its annual report to the Governor, the

10  President of the Senate, and the Speaker of the House of

11  Representatives under s. 20.315(5), the department shall

12  include a detailed analysis of the community control program

13  and the department's specific efforts to protect the public

14  from offenders placed on community control. The analysis must

15  include, but need not be limited to, specific information on

16  the department's ability to meet minimum officer-to-offender

17  contact standards, the number of crimes committed by offenders

18  on community control, and the level of community supervision

19  provided.

20         Section 24.  Section 948.101, Florida Statutes, is

21  amended to read:

22         948.101  Terms and conditions of community control and

23  criminal quarantine community control.--

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

25  of community control. Conditions specified in this subsection

26  do not require oral pronouncement at the time of sentencing

27  and may be considered standard conditions of community

28  control.

29         (a)  The court shall require intensive supervision and

30  surveillance for an offender placed into community control,

31  which may include but is not limited to:

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 1         (a)1.  Specified contact with the parole and probation

 2  officer.

 3         (b)2.  Confinement to an approved agreed-upon residence

 4  during hours away from employment and public service

 5  activities.

 6         (c)3.  Mandatory public service.

 7         (d)4.  Electric monitoring as determined by the

 8  department Supervision by the Department of Corrections by

 9  means of an electronic monitoring device or system.

10         (e)5.  The standard conditions of supervision probation

11  set forth in s. 948.03.

12         (b)  For an offender placed on criminal quarantine

13  community control, the court shall require:

14         1.  Electronic monitoring 24 hours per day.

15         2.  Confinement to a designated residence during

16  designated hours.

17         (2)  The enumeration of specific kinds of terms and

18  conditions does not prevent the court from adding thereto any

19  other terms or conditions that the court considers proper.

20  However, the sentencing court may only impose a condition of

21  supervision allowing an offender convicted of s. 794.011, s.

22  800.04, s. 827.071, or s. 847.0145 to reside in another state

23  if the order stipulates that it is contingent upon the

24  approval of the receiving state interstate compact authority.

25  The court may rescind or modify at any time the terms and

26  conditions theretofore imposed by it upon the offender in

27  community control. However, if the court withholds

28  adjudication of guilt or imposes a period of incarceration as

29  a condition of community control, the period may not exceed

30  364 days, and incarceration shall be restricted to a county

31  facility, a probation and restitution center under the

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 1  jurisdiction of the department of Corrections, a probation

 2  program drug punishment phase I secure residential treatment

 3  institution, or a community residential facility owned or

 4  operated by any entity providing such services.

 5         (3)  The court may place a defendant who is being

 6  sentenced for criminal transmission of HIV in violation of s.

 7  775.0877 on criminal quarantine community control.  The

 8  Department of Corrections shall develop and administer a

 9  criminal quarantine community control program emphasizing

10  intensive supervision with 24-hour-per-day electronic

11  monitoring. Criminal quarantine community control status must

12  include surveillance and may include other measures normally

13  associated with community control, except that Specific

14  conditions necessary to monitor this population may be

15  ordered.

16         Section 25.  Section 948.102, Florida Statutes, is

17  created to read:

18         948.102  Caseload equalization strategy; supervision

19  risk assessment.--The department shall:

20         (1)  Develop and maintain a weighted statewide

21  caseload-equalization strategy designed to ensure that

22  high-risk offenders receive the highest level of supervision;

23  and

24         (2)  Develop and implement a risk-assessment instrument

25  for the intensive supervision and community control

26  population. The instrument must be similar to the probation

27  risk-assessment instrument prepared by the National Institute

28  of Justice.

29         Section 26.  Section 948.11, Florida Statutes, is

30  amended to read:

31         948.11  Electronic monitoring devices.--

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 1         (1)(a)  The department of Corrections may, at its

 2  discretion, electronically monitor an offender sentenced to

 3  community control or intensive supervision. Electronic

 4  monitoring is considered to be a supervisory direction

 5  authorized by imposing the standard conditions of supervision

 6  on the offender. The offender must report to the correctional

 7  probation officer as directed. Any refusal to submit to

 8  electronic monitoring or to report to the correctional

 9  probation of supervision is a violation of supervision and the

10  offender is subject to immediate arrest, with or without a

11  warrant. At a hearing on the violation, the court may revoke

12  the offender's supervision if the alleged violation is

13  supported by a preponderance of the evidence.

14         (b)  The Department of Corrections shall electronically

15  monitor an offender sentenced to criminal quarantine community

16  control 24 hours per day.

17         (2)  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         (3)  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         (4)  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

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 1  investigation of noncompliance reports, especially after

 2  normal office hours.

 3         (5)  Any person being electronically monitored by the

 4  department as a result of placement on community control shall

 5  be required to pay a surcharge as provided in s. 948.09(2).

 6         Section 27.  Section 948.111, Florida Statutes, is

 7  created to read:

 8         948.111  Automated reporting.--

 9         (1)  The department may require that offenders use an

10  automated reporting station to submit reports or pay monetary

11  obligations that are conditions of supervision.

12         (2)  The department may contract for the purchase,

13  operation, or maintenance of the automated reporting stations.

14         (3)  The department may charge an offender a fee to use

15  an automated reporting station. The fee may be levied by the

16  department or by a vendor who is under contract with the

17  department to operate the machines. The fees collected shall

18  be used to defray the costs of automated reporting.

19         Section 28.  Section 948.12, Florida Statutes, is

20  amended to read:

21         948.12  Intensive supervision for postprison release of

22  violent offenders.--It is the finding of the Legislature that

23  the population of violent offenders released from state prison

24  into the community or placed on community supervision poses

25  the greatest threat to the public safety of the groups of

26  offenders under community supervision. Therefore, for the

27  purpose of enhanced public safety, any offender released from

28  state prison who:

29         (1)  Was released from state prison, who was most

30  recently incarcerated for a violent an offense that is or was

31  contained in category 1 (murder, manslaughter), category 2

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 1  (sexual offenses), category 3 (robbery), or category 4

 2  (violent personal crimes) of Rules 3.701 and 3.988, Florida

 3  Rules of Criminal Procedure (1993), and who has served at

 4  least one prior felony commitment at a state or federal

 5  correctional institution;

 6         (2)  Was placed on community supervision by the court

 7  and has any conviction or adjudication withheld for a violent

 8  offense;

 9         (3)(2)  Was sentenced as a habitual offender, violent

10  habitual offender, or violent career criminal under pursuant

11  to s. 775.084; or

12         (4)(3)  Has been found to be a sexual predator under

13  pursuant to s. 775.21,

14  

15  and who has a term of supervision probation to follow the

16  period of incarceration shall be provided intensive

17  supervision by experienced correctional probation officers.

18  Subject to specific appropriation by the Legislature,

19  caseloads may be restricted to a maximum of 40 offenders per

20  officer to provide for enhanced public safety as well as to

21  effectively monitor conditions of electronic monitoring or

22  curfews, if such was ordered by the court.

23         Section 29.  Section 948.30, Florida Statutes, is

24  amended to read:

25         948.30  Additional terms and conditions of probation or

26  community supervision control for certain sex

27  offenses.--Conditions imposed under pursuant to this section

28  do not require oral pronouncement at the time of sentencing

29  and shall be considered standard conditions of probation or

30  community supervision control for offenders specified in this

31  section.

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 1         (1)  Effective for offenders probationers or community

 2  controllees whose crime was committed on or after October 1,

 3  1995, and who are placed under supervision for violation of

 4  chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court

 5  must impose the following conditions in addition to all other

 6  standard and special conditions imposed:

 7         (a)  A mandatory curfew from 10 p.m. to 6 a.m. The

 8  court may designate another 8-hour period if the offender's

 9  employment precludes the above specified time, and the such

10  alternative is recommended by the department of Corrections.

11  If the court determines that imposing a curfew would endanger

12  the victim, the court may consider alternative sanctions.

13         (b)  If the victim was under the age of 18, a

14  prohibition on living within 1,000 feet of a school, day care

15  center, park, playground, or other place where children

16  regularly congregate, as prescribed by the court. The

17  1,000-foot distance shall be measured in a straight line from

18  the offender's place of residence to the nearest boundary line

19  of the school, day care center, park, playground, or other

20  place where children congregate. The distance may not be

21  measured by a pedestrian route or automobile route.

22         (c)  Active participation in and successful completion

23  of a sex offender treatment program with therapists

24  specifically trained to treat sex offenders, at the offender's

25  probationer's or community controllee's own expense. If a

26  specially trained therapist is not available within a 50-mile

27  radius of the offender's probationer's or community

28  controllee's residence, the offender shall participate in

29  other appropriate therapy.

30         (d)  A prohibition on any contact with the victim,

31  directly or indirectly, including through a third person,

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 1  unless approved by the victim, the offender's therapist, and

 2  the sentencing court.

 3         (e)  If the victim was under the age of 18, a

 4  prohibition, until successful completion of a sex offender

 5  treatment program, on unsupervised contact with a child under

 6  the age of 18, unless authorized by the sentencing court

 7  without another adult present who is responsible for the

 8  child's welfare, has been advised of the crime, and is

 9  approved by the sentencing court.

10         (f)  If the victim was under age 18, a prohibition on

11  working for pay or as a volunteer at any school, day care

12  center, park, playground, or other place where children

13  regularly congregate.

14         (g)  Unless otherwise indicated in the treatment plan

15  provided by the sexual offender treatment program, a

16  prohibition on viewing, owning, or possessing any obscene,

17  pornographic, or sexually stimulating visual or auditory

18  material, including telephone, electronic media, computer

19  programs, or computer services that are relevant to the

20  offender's deviant behavior pattern.

21         (h)  A requirement that the offender probationer or

22  community controllee must submit a specimen of blood or other

23  approved biological specimen to the Department of Law

24  Enforcement to be registered with the DNA data bank.

25         (i)  A requirement that the offender probationer or

26  community controllee make restitution to the victim, as

27  ordered by the court under s. 775.089, for all necessary

28  medical and related professional services relating to

29  physical, psychiatric, and psychological care.

30         (j)  Submission to a warrantless search by the

31  community control or probation officer of the offender's

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 1  probationer's or community controllee's person, residence, or

 2  vehicle.

 3         (2)  Effective for an offender a probationer or

 4  community controllee whose crime was committed on or after

 5  October 1, 1997, and who is placed on community supervision

 6  sex offender probation for a violation of chapter 794, s.

 7  800.04, s. 827.071, or s. 847.0145, in addition to any other

 8  provision of this subsection, the court must impose the

 9  following conditions of probation or community control:

10         (a)  As part of a treatment program, participation at

11  least annually in polygraph examinations to obtain information

12  necessary for risk management and treatment and to reduce the

13  sex offender's denial mechanisms. A polygraph examination must

14  be conducted by a polygrapher trained specifically in the use

15  of the polygraph for the monitoring of sex offenders, where

16  available, and shall be paid for by the sex offender. The

17  results of the polygraph examination may shall not be used as

18  evidence in court to prove that a violation of community

19  supervision has occurred.

20         (b)  Maintenance of a driving log and a prohibition

21  against driving a motor vehicle alone without the prior

22  approval of the supervising officer.

23         (c)  A prohibition against obtaining or using a post

24  office box without the prior approval of the supervising

25  officer.

26         (d)  If there was sexual contact, a submission to, at

27  the offender's probationer's or community controllee's

28  expense, an HIV test with the results to be released to the

29  victim or the victim's parent or guardian.

30         (e)  Electronic monitoring when deemed necessary by the

31  community control or probation officer and his or her

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 1  supervisor, and ordered by the court at the recommendation of

 2  the department of Corrections.

 3         Section 30.  Section 948.31, Florida Statutes, is

 4  amended to read:

 5         948.31  Diagnosis, evaluation, and treatment of

 6  offenders placed on probation or community supervision control

 7  for certain sex offenses or child exploitation.--The court

 8  shall require a diagnosis and evaluation to determine the need

 9  of an a probationer or offender in community supervision

10  control for treatment. If the court determines that a need for

11  treatment therefor is established by the such diagnosis and

12  evaluation process, the court shall require outpatient

13  counseling as a term or condition of probation or community

14  supervision control for any offender person who was found

15  guilty of any of the following, or whose plea of guilty or

16  nolo contendere to any of the following was accepted by the

17  court:

18         (1)  Lewd or lascivious battery, lewd or lascivious

19  molestation, lewd or lascivious conduct, or lewd or lascivious

20  exhibition, as defined in s. 800.04.

21         (2)  Sexual battery, as defined in chapter 794, against

22  a child.

23         (3)  Exploitation of a child as provided in s. 450.151,

24  or for prostitution.

25  

26  Such Counseling must shall be required to be obtained from a

27  community mental health center, a recognized social service

28  agency providing mental health services, or a private mental

29  health professional or through other professional counseling.

30  The plan for counseling for the individual must shall be

31  provided to the court for review.

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 1         Section 31.  Section 948.32, Florida Statutes, is

 2  amended to read:

 3         948.32  Requirements of law enforcement agency upon

 4  arrest of persons for certain sex offenses and for any violent

 5  offense.--

 6         (1)  When any state or local law enforcement agency

 7  investigates or arrests a person for committing, or

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

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

10  s. 847.0133, s. 847.0135, or s. 847.0145, or any violent

11  offense, the law enforcement agency shall contact the

12  department of Corrections to verify whether the person under

13  investigation or under arrest is on probation, community

14  supervision control, parole, conditional release, or control

15  release.

16         (2)  If the law enforcement agency finds that the

17  person under investigation or under arrest is on probation,

18  community supervision control, parole, conditional release, or

19  control release, the law enforcement agency shall immediately

20  notify the person's correctional probation officer or release

21  supervisor of the investigation or the arrest.

22         Section 32.  Subsection (3) of section 948.51, Florida

23  Statutes, is amended to read:

24         948.51  Community corrections assistance to counties or

25  county consortiums.--

26         (3)  DEPARTMENTAL RESPONSIBILITIES.--When a county or

27  county consortium contracts with the department for community

28  correction funds as provided in this section, the department

29  of Corrections shall:

30         (a)  Administer this section within the goals and

31  mandates of this legislation.

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 1         (b)  Report by January 1 of each year to the Governor,

 2  the President of the Senate, and the Speaker of the House of

 3  Representatives on the effectiveness of participating counties

 4  and county consortiums in diverting nonviolent offenders from

 5  the state prison system.

 6         (c)  Establish, in cooperation with the governing

 7  bodies of counties and municipalities and with school boards,

 8  a program to provide technical assistance, education, and

 9  training to local governments, nonprofit entities and

10  agencies, and public safety coordinating councils regarding

11  community corrections and the provisions of this section.

12         (d)  Develop minimum standards, policies, and

13  administrative rules for the statewide implementation of this

14  section.

15         (e)  Develop and implement a community corrections

16  partnership contract process and procedure.

17         (f)  Review community public safety plans and provide

18  contract funding.

19         (g)  Conduct a review, as often as necessary but not

20  less than annually, of all program measures, to ensure program

21  accountability.

22         Section 33.  Section 947.22, Florida Statutes, is

23  amended to read:

24         947.22  Authority to arrest parole and supervision

25  violators with or without warrant.--

26         (1)  If a member of the commission or a duly authorized

27  representative of the commission has reasonable grounds to

28  believe that a parolee has violated the terms and conditions

29  of her or his parole in a material respect, the such member or

30  representative may issue a warrant for the arrest of the such

31  parolee.  The warrant shall be returnable before a member of

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 1  the commission or a duly authorized representative of the

 2  commission.  The commission, a commissioner, or a parole

 3  examiner with approval of the parole examiner supervisor, may

 4  release the parolee on bail or her or his own recognizance,

 5  conditioned upon her or his appearance at any hearings noticed

 6  by the commission.  If not released on bail or her or his own

 7  recognizance, the parolee shall be committed to jail pending

 8  hearings under pursuant to s. 947.23. The commission, at its

 9  election, may have the hearing conducted by one or more

10  commissioners or by a duly authorized representative of the

11  commission.  Any correctional parole and probation officer or,

12  any law enforcement officer may authorized to serve criminal

13  process, or any peace officer of this state is authorized to

14  execute the warrant.

15         (2)  Any correctional parole and probation officer or

16  law enforcement officer, when she or he has reasonable ground

17  to believe that a parolee, control releasee, or conditional

18  releasee, or any other type of community releasee has violated

19  the terms and conditions of her or his parole, control

20  release, or conditional release, or other community release in

21  a material respect, has the right to arrest the releasee or

22  parolee without warrant and bring her or him forthwith before

23  one or more commissioners or a duly authorized representative

24  of the Parole Commission or Control Release Authority; and

25  proceedings shall thereupon be had as provided herein when a

26  warrant has been issued by a member of the commission or

27  authority or a duly authorized representative of the

28  commission or authority. A law enforcement officer must arrest

29  an offender without a warrant, take the offender into custody,

30  and transport the offender to the appropriate detention

31  facility if a correctional probation officer requests the law

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 1  enforcement officer to make the arrest and presents the law

 2  enforcement officer with sufficient facts so that the law

 3  enforcement officer finds reasonable grounds to believe that a

 4  parolee, control releasee, conditional releasee, or other type

 5  of community releasee has violated the terms and conditions of

 6  her or his parole, control release, conditional release, or

 7  other community release.

 8         (3)  If a law enforcement officer has probable cause to

 9  believe that a parolee has violated the terms and conditions

10  of his or her parole, control release, conditional release, or

11  other community release, the officer shall arrest and take

12  into custody the parolee without a warrant, and a warrant need

13  not be issued in the case.

14         Section 34.  Subsection (7) of section 775.0877,

15  Florida Statutes, is amended to read:

16         775.0877  Criminal transmission of HIV; procedures;

17  penalties.--

18         (7)  In addition to any other penalty provided by law

19  for an offense enumerated in paragraphs (1)(a)-(n), the court

20  may require an offender convicted of criminal transmission of

21  HIV to serve a term of criminal quarantine community control,

22  as described in s. 948.101 s. 948.001.

23         Section 35.  Subsections (10) and (11) of section

24  893.13, Florida Statutes, are amended to read:

25         893.13  Prohibited acts; penalties.--

26         (10)  Notwithstanding any provision of the sentencing

27  guidelines or the Criminal Punishment Code to the contrary, on

28  or after October 1, 1993, any defendant who:

29         (a)  Violates subparagraph (1)(a)1., subparagraph

30  (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or

31  paragraph (5)(a); and

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 1         (b)  Has not previously been convicted, regardless of

 2  whether adjudication was withheld, of any felony, other than a

 3  violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,

 4  subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph

 5  (5)(a),

 6  

 7  may be required by the court to successfully complete a term

 8  of community supervision under probation pursuant to the terms

 9  and conditions set forth in s. 948.034 s. 948.034(1), in lieu

10  of serving a term of imprisonment.

11         (11)  Notwithstanding any provision of the sentencing

12  guidelines or the Criminal Punishment Code to the contrary, on

13  or after January 1, 1994, any defendant who:

14         (a)  Violates subparagraph (1)(a)2., subparagraph

15  (2)(a)2., paragraph (5)(b), or paragraph (6)(a); and

16         (b)  Has not previously been convicted, regardless of

17  whether adjudication was withheld, of any felony, other than a

18  violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,

19  paragraph (5)(b), or paragraph (6)(a),

20  

21  may be required by the court to successfully complete a term

22  of community supervision under probation pursuant to the terms

23  and conditions set forth in s. 948.034 s. 948.034(2), in lieu

24  of serving a term of imprisonment.

25         Section 36.  Paragraph (b) of subsection (1) and

26  subsection (3) of section 921.187, Florida Statutes, are

27  amended to read:

28         921.187  Disposition and sentencing; alternatives;

29  restitution.--

30         (1)  The alternatives provided in this section for the

31  disposition of criminal cases shall be used in a manner that

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 1  will best serve the needs of society, punish criminal

 2  offenders, and provide the opportunity for rehabilitation.

 3         (b)1.  Notwithstanding any provision of former s.

 4  921.001 or s. 921.002 to the contrary, on or after October 1,

 5  1993, the court may require any defendant who violates s.

 6  893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and

 7  meets the criteria described in s. 893.13(10), to successfully

 8  complete a term of community supervision under probation

 9  pursuant to the terms and conditions set forth in s. 948.034

10  s. 948.034(1), in lieu of serving a term of imprisonment.

11         2.  Notwithstanding any provision of former s. 921.001

12  or s. 921.002 to the contrary, on or after October 1, 1993,

13  the court may require any defendant who violates s.

14  893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a), and meets the

15  criteria described in s. 893.13(11), to successfully complete

16  a term of community supervision under probation pursuant to

17  the terms and conditions set forth in s. 948.034 s.

18  948.034(2), in lieu of serving a term of imprisonment.

19         (3)  In addition to any other penalty provided by law

20  for an offense enumerated in s. 775.0877(1)(a)-(n), if the

21  offender is convicted of criminal transmission of HIV under

22  pursuant to s. 775.0877, the court may sentence the offender

23  to criminal quarantine community control as described in s.

24  948.101 s. 948.001.

25         Section 37.  Section 903.03, Florida Statutes, is

26  amended to read:

27         903.03  Jurisdiction of trial court to admit to bail;

28  duties and responsibilities of the state attorney and the

29  Department of Corrections.--

30         (1)  After a person is held to answer by a trial court

31  judge, the court having jurisdiction to try the defendant

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 1  shall, before indictment, affidavit, or information is filed,

 2  have jurisdiction to hear and decide all preliminary motions

 3  regarding bail and production or impounding of all articles,

 4  writings, moneys, or other exhibits expected to be used at the

 5  trial by either the state or the defendant.

 6         (2)  Before or at any hearing on bail or pretrial

 7  release, the state attorney shall notify the court of any

 8  outstanding warrants of arrest and whether the accused is

 9  currently on any type of community supervision under chapter

10  947 or chapter 948.

11         (3)(a)  The state attorney or, in cases when an

12  offender is on community supervision under chapter 947 or

13  chapter 948,

14         (2)(a)  the Department of Corrections may, at shall

15  have the authority on the request of a circuit court when a

16  person charged with a noncapital crime or bailable offense is

17  held, to make an investigation and report to the court,

18  including:

19         (a)1.  The circumstances of the accused's family,

20  employment, financial resources, character, mental condition,

21  and length of residence in the community;

22         (b)2.  The accused's record of convictions, of

23  appearance at court proceedings, of flight to avoid

24  prosecution, or failure to appear at court proceedings; and

25         (c)3.  Other facts that may be needed to assist the

26  court in its determination of the indigency of the accused and

27  whether she or he should be released on her or his own

28  recognizance.

29         (2)(b)  The court shall not be bound by the

30  recommendations.

31  

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 1         Section 38.  Sections 948.013 and 948.20, Florida

 2  Statutes, are repealed.

 3         Section 39.  This act shall take effect July 1, 2005.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Revises provisions governing the supervision of
      offenders. Directs the state attorney to provide the
 8    court with certain information relating to placing the
      offender in community supervision. Requires the offender
 9    to report for community supervision immediately after
      sentencing. Directs the clerk of court to give the
10    Department of Corrections certain specified documents and
      authorizes the department to request additional
11    documents. Permits the court to issue certain orders if
      the offender is a chronic substance abuser. Requires an
12    offender on community supervision to allow the department
      to draw blood for testing purposes. Requires an offender
13    to prepare and submit a monthly report. Authorizes the
      department to place an offender on electronic monitoring.
14    Authorizes a court to order an offender on community
      supervision to perform public service. Provides that an
15    order of restitution is a condition for community
      supervision. Directs the department to operate a program
16    for chronic substance abusers on community supervision.
      Provides that residential treatment and work programs may
17    be a condition of community supervision. Requires
      offenders on community supervision to undertake certain
18    educational activities. Permits a court to impose certain
      special conditions on offenders on community supervision.
19    Authorizes early termination of community supervision
      under certain circumstances. Authorizes a law enforcement
20    officer to arrest and detain an offender if the officer
      has reasonable grounds to believe that the offender's
21    community supervision has been violated. Provides that a
      court may revoke supervision if the offender violates the
22    terms or conditions of supervision. Directs a court not
      to imprison an offender for failing to pay restitution or
23    the costs of supervision except under certain
      circumstances. Provides for the use of a
24    technical-violation-notification letter. Requires each
      offender on community supervision to pay for the cost of
25    supervision and other specified costs. Authorizes the
      department to require an offender to file reports by
26    using an automated reporting station. Provides for the
      operation of the system. (See bill for details.)
27  

28  

29  

30  

31  

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