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House Bill 1217

Florida House of Representatives - 1997 HB 1217 By Representative Hafner 1 A bill to be entitled 2 An act relating to correctional supervision; 3 amending s. 948.06, F.S.; permitting a law 4 enforcement officer to arrest a probationer or 5 offender in community control upon probable 6 cause that the probationer or offender has 7 materially violated probation or community 8 control, under specified circumstances; 9 reenacting ss. 948.01(9) and (13)(b) and 10 958.14, F.S., to incorporate said amendment in 11 references; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (1) of section 948.06, Florida 16 Statutes, is amended to read: 17 948.06 Violation of probation or community control; 18 revocation; modification; continuance; failure to pay 19 restitution or cost of supervision.-- 20 (1) Whenever within the period of probation or 21 community control there are reasonable grounds to believe that 22 a probationer or offender in community control has violated 23 his probation or community control in a material respect, any 24 law enforcement officer who is aware of the probationary or 25 community control status of the probationer or offender in 26 community control or any parole or probation supervisor may 27 arrest or request any county or municipal law enforcement 28 officer to arrest such probationer or offender without warrant 29 wherever found and forthwith return him to the court granting 30 such probation or community control. Any committing 31 magistrate may issue a warrant, upon the facts being made 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1217 123-161-97 1 known to him by affidavit of one having knowledge of such 2 facts, for the arrest of the probationer or offender, 3 returnable forthwith before the court granting such probation 4 or community control. Any parole or probation supervisor, any 5 officer authorized to serve criminal process, or any peace 6 officer of this state is authorized to serve and execute such 7 warrant. The court, upon the probationer or offender being 8 brought before it, shall advise him of such charge of 9 violation and, if such charge is admitted to be true, may 10 forthwith revoke, modify, or continue the probation or 11 community control or place the probationer into a community 12 control program. If probation or community control is revoked, 13 the court shall adjudge the probationer or offender guilty of 14 the offense charged and proven or admitted, unless he has 15 previously been adjudged guilty, and impose any sentence which 16 it might have originally imposed before placing the 17 probationer on probation or the offender into community 18 control. If such violation of probation or community control 19 is not admitted by the probationer or offender, the court may 20 commit him or release him with or without bail to await 21 further hearing, or it may dismiss the charge of probation or 22 community control violation. If such charge is not at that 23 time admitted by the probationer or offender and if it is not 24 dismissed, the court, as soon as may be practicable, shall 25 give the probationer or offender an opportunity to be fully 26 heard on his behalf in person or by counsel. After such 27 hearing, the court may revoke, modify, or continue the 28 probation or community control or place the probationer into 29 community control. If such probation or community control is 30 revoked, the court shall adjudge the probationer or offender 31 guilty of the offense charged and proven or admitted, unless 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1217 123-161-97 1 he has previously been adjudged guilty, and impose any 2 sentence which it might have originally imposed before placing 3 the probationer or offender on probation or into community 4 control. 5 Section 2. For the purpose of incorporating the 6 amendment to section 948.06, Florida Statutes, in references 7 thereto, the sections or subdivisions of Florida Statutes set 8 forth below are reenacted to read: 9 948.01 When court may place defendant on probation or 10 into community control.-- 11 (9) Procedures governing violations of community 12 control shall be the same as those described in s. 948.06 with 13 respect to probation. 14 (13) If it appears to the court upon a hearing that 15 the defendant is a chronic substance abuser whose criminal 16 conduct is a violation of chapter 893, the court may either 17 adjudge the defendant guilty or stay and withhold the 18 adjudication of guilt; and, in either case, it may stay and 19 withhold the imposition of sentence and place the defendant on 20 drug offender probation. 21 (b) Offenders placed on drug offender probation are 22 subject to revocation of probation as provided in s. 948.06. 23 958.14 Violation of probation or community control 24 program.--A violation or alleged violation of probation or the 25 terms of a community control program shall subject the 26 youthful offender to the provisions of s. 948.06(1). However, 27 no youthful offender shall be committed to the custody of the 28 department for a substantive violation for a period longer 29 than the maximum sentence for the offense for which he was 30 found guilty, with credit for time served while incarcerated, 31 or for a technical or nonsubstantive violation for a period 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1217 123-161-97 1 longer than 6 years or for a period longer than the maximum 2 sentence for the offense for which he was found guilty, 3 whichever is less, with credit for time served while 4 incarcerated. 5 Section 3. This act shall take effect upon becoming a 6 law. 7 8 ***************************************** 9 HOUSE SUMMARY 10 Permits a law enforcement officer to arrest a probationer 11 or offender in community control upon probable cause that the probationer or offender has materially violated 12 probation or community control, under specified circumstances when the officer knows of the probationary 13 or community control status. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4