Florida Senate - 2010                              CS for SB 300
       
       
       
       By the Committee on Criminal Justice; and Senators Bennett and
       Richter
       
       
       
       591-02483-10                                           2010300c1
    1                        A bill to be entitled                      
    2         An act relating to pretrial proceedings; providing a
    3         short title; amending s. 948.06, F.S.; providing that
    4         at the first appearance of a probationer or an
    5         offender on community control arrested for a new
    6         offense for which the court finds the existence of
    7         probable cause, the court may determine the likelihood
    8         of a prison sanction for the violation based on the
    9         new arrest; providing that the court may order
   10         detention if it appears more likely than not that a
   11         prison sanction may be forthcoming on the violation;
   12         providing that the court may release the probationer
   13         or offender on community control with or without bail
   14         on the violation; providing that the court may order
   15         the probationer or offender’s arrest and return to the
   16         original sentencing court under s. 948.06(1)(a), F.S.;
   17         providing for dismissal of a detention or release
   18         order if no affidavit alleging a violation is filed
   19         within a specified period; providing for a hearing if
   20         an affidavit alleging a violation is timely filed;
   21         exempting persons subject to hearings under specified
   22         provisions; providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. This act may be cited as the “Officer Andrew
   27  Widman Act.”
   28         Section 2. Present paragraphs (c) through (f) of subsection
   29  (1) of section 948.06, Florida Statutes, are redesignated as
   30  paragraphs (d) through (g), respectively, and a new paragraph
   31  (c) is added to that subsection to read:
   32         948.06 Violation of probation or community control;
   33  revocation; modification; continuance; failure to pay
   34  restitution or cost of supervision.—
   35         (1)
   36         (c) Notwithstanding s. 907.041, when a probationer or an
   37  offender on community control is arrested and alleged to have
   38  committed a new violation of law for which the court at first
   39  appearance finds probable cause, based upon the facts made known
   40  to the court the court may:
   41         1. Determine whether it is more likely than not that the
   42  probationer or offender on community control will receive a
   43  prison sanction for violating the terms of community supervision
   44  based upon the arrest for the new violation of law.
   45         2. Detain the probationer or offender to await further
   46  hearing to determine the outcome of the violation if it appears
   47  more likely than not that the probationer or offender on
   48  community control will receive a prison sanction, or release the
   49  probationer or offender with or without bail on the violation.
   50         a. If an affidavit alleging a violation is not filed and
   51  made known to the court within 10 days after the arrest on the
   52  new violation of law, the order detaining or releasing the
   53  probationer or offender shall be dismissed.
   54         b. If an affidavit alleging a violation is filed within 10
   55  days after the arrest and made known to the court, the court
   56  shall schedule a hearing no later than 10 days after the filing
   57  of the affidavit, unless waived by the probationer or offender,
   58  to determine whether its order of detention or release shall
   59  remain in effect.
   60         3. Order the arrest and return of the probationer or
   61  offender to the court that granted community supervision under
   62  paragraph (a).
   63  
   64  This paragraph does not apply to a probationer or offender on
   65  community control who is subject to the hearing requirements
   66  under subsection (4) or paragraph (8)(e).
   67         Section 3. This act shall take effect October 1, 2010.