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CS/SB 844 — Violations/Probation/Community Control/Widman Act
by Budget Committee and Senators Benacquisto, Richter, Gaetz, Fasano, Norman, Diaz de la Portilla, Hays, Lynn, Altman, Bennett, Montford, Bogdanoff, Thrasher, Detert, Latvala, Bullard, and Storms
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Criminal Justice Committee (CJ)
The bill provides that a First Appearance court may reach beyond the matter of pretrial release or detention on a new law violation arrest under certain circumstances.
If the court has reasonable grounds to believe that the offender appearing before the court at First Appearance on the new law violation is under community supervision and has violated the terms of supervision in a material respect by committing the new law violation, the court may order the arrest of the offender for the violation at that time.
The bill, therefore, should allow the court to expedite the arrest of an offender whose terms of community supervision have been violated due to the alleged new law violation, if he or she has not already been arrested on the violation by law enforcement under the provisions of s. 948.06(1)(a), F.S.
The court must inform the offender of the violation of community supervision. If he or she admits the violation, the court may order that the offender be brought before the court that granted the community supervision.
If the offender does not admit the violation of community supervision, the court may either commit the offender or release him or her with or without bail to await further hearing on the matter, or simply order that the offender be brought before the court that granted the community supervision.
Should the court reach the question of releasing the offender on the violation of community supervision, the court may consider, specifically, whether it is more likely than not that a prison sanction would be handed down by the original sentencing court for a violation of community supervision based upon the new arrest.
The bill does not apply to those offenders who are subject to the “danger to the community” hearings required by s. 948.06(4), F.S., or the “violent felony offender of special concern” hearings required by s. 948.06(8)(e), F.S.
If approved by the Governor, these provisions take effect October 1, 2011.
Vote: Senate 38-0; House 115-1