CODING: Words stricken are deletions; words underlined are additions.House Bill 1371e2
CS/CS/HB 1371, Second Engrossed
1 A bill to be entitled
2 An act relating to criminal justice; creating
3 the "Prison Releasee Reoffender Punishment
4 Act"; amending s. 775.082, F.S.; defining
5 "prison releasee reoffender"; providing that
6 certain reoffenders are ineligible for
7 sentencing under the sentencing guidelines
8 under specified circumstances when the
9 reoffender has been released from correctional
10 custody and, within 3 years of being released,
11 commits treason, murder, manslaughter, sexual
12 battery, carjacking, home-invasion robbery,
13 robbery, arson, kidnapping, aggravated assault,
14 aggravated battery, aggravated stalking,
15 aircraft piracy, unlawful throwing, placing, or
16 discharging of a destructive device or bomb, a
17 felony involving the use or threat of physical
18 force or violence against an individual, armed
19 burglary, burglary of an occupied structure or
20 dwelling, burglary when the person has two
21 prior felony convictions, or a felony violation
22 of s. 790.07, F.S., relating to having a weapon
23 while engaged in a criminal offense, of s.
24 800.04, F.S., relating to lewd, lascivious, or
25 indecent assault or act upon or in presence of
26 child, of s. 827.03, F.S., relating to abuse,
27 aggravated abuse, or neglect of child, or of s.
28 827.071, F.S., relating to sexual performance
29 by a child; providing for such reoffender to be
30 sentenced to specified mandatory minimum
31 sentences; making such reoffender ineligible
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1 for parole, probation, or early release;
2 providing legislative intent with respect to
3 punishment in reoffender cases; amending s.
4 944.705, F.S., relating to the release
5 orientation program; requiring notice to
6 certain released offenders by the Department of
7 Corrections with respect to the new minimum
8 mandatory sentencing provisions; providing for
9 inadmissibility of certain evidence regarding
10 departmental failure to provide such notice;
11 amending s. 947.141, F.S.; providing for
12 mandatory forfeiture of previously granted
13 early release credits under specified
14 circumstances when conditional release, control
15 release, or conditional medical release is
16 revoked; amending s. 948.06, F.S.; permitting a
17 law enforcement officer to arrest a probationer
18 or offender in community control upon probable
19 cause that the probationer or offender has
20 materially violated probation or community
21 control, under specified circumstances;
22 providing for mandatory forfeiture of
23 previously granted early release credits under
24 specified circumstances when probation or
25 community control is revoked; reenacting ss.
26 948.01(9) and (13)(b) and 958.14, F.S., to
27 incorporate said amendment in references;
28 providing an effective date.
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30 WHEREAS, recent court decisions have mandated the early
31 release of violent felony offenders, and
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CS/CS/HB 1371, Second Engrossed
1 WHEREAS, the people of this state and the millions of
2 people who visit our state deserve public safety and
3 protection from violent felony offenders who have previously
4 been sentenced to prison and who continue to prey on society
5 by reoffending, and
6 WHEREAS, the Legislature finds that the best deterrent
7 to prevent prison releasees from committing future crimes is
8 to require that any releasee who commits new serious felonies
9 must be sentenced to the maximum term of incarceration allowed
10 by law, and must serve 100 percent of the court-imposed
11 sentence, NOW, THEREFORE,
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. This act may be cited as the "Prison
16 Releasee Reoffender Punishment Act."
17 Section 2. Section 775.082, Florida Statutes, is
18 amended to read:
19 775.082 Penalties; mandatory minimum sentences for
20 certain reoffenders previously released from prison.--
21 (1) A person who has been convicted of a capital
22 felony shall be punished by death if the proceeding held to
23 determine sentence according to the procedure set forth in s.
24 921.141 results in findings by the court that such person
25 shall be punished by death, otherwise such person shall be
26 punished by life imprisonment and shall be ineligible for
27 parole.
28 (2) In the event the death penalty in a capital felony
29 is held to be unconstitutional by the Florida Supreme Court or
30 the United States Supreme Court, the court having jurisdiction
31 over a person previously sentenced to death for a capital
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1 felony shall cause such person to be brought before the court,
2 and the court shall sentence such person to life imprisonment
3 as provided in subsection (1).
4 (3) A person who has been convicted of any other
5 designated felony may be punished as follows:
6 (a)1. For a life felony committed prior to October 1,
7 1983, by a term of imprisonment for life or for a term of
8 years not less than 30.
9 2. For a life felony committed on or after October 1,
10 1983, by a term of imprisonment for life or by a term of
11 imprisonment not exceeding 40 years.
12 3. For a life felony committed on or after July 1,
13 1995, by a term of imprisonment for life or by imprisonment
14 for a term of years not exceeding life imprisonment.
15 (b) For a felony of the first degree, by a term of
16 imprisonment not exceeding 30 years or, when specifically
17 provided by statute, by imprisonment for a term of years not
18 exceeding life imprisonment.
19 (c) For a felony of the second degree, by a term of
20 imprisonment not exceeding 15 years.
21 (d) For a felony of the third degree, by a term of
22 imprisonment not exceeding 5 years.
23 (4) A person who has been convicted of a designated
24 misdemeanor may be sentenced as follows:
25 (a) For a misdemeanor of the first degree, by a
26 definite term of imprisonment not exceeding 1 year;
27 (b) For a misdemeanor of the second degree, by a
28 definite term of imprisonment not exceeding 60 days.
29 (5) Any person who has been convicted of a noncriminal
30 violation may not be sentenced to a term of imprisonment nor
31 to any other punishment more severe than a fine, forfeiture,
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1 or other civil penalty, except as provided in chapter 316 or
2 by ordinance of any city or county.
3 (6) Nothing in this section shall be construed to
4 alter the operation of any statute of this state authorizing a
5 trial court, in its discretion, to impose a sentence of
6 imprisonment for an indeterminate period within minimum and
7 maximum limits as provided by law, except as provided in
8 subsection (1).
9 (7) This section does not deprive the court of any
10 authority conferred by law to decree a forfeiture of property,
11 suspend or cancel a license, remove a person from office, or
12 impose any other civil penalty. Such a judgment or order may
13 be included in the sentence.
14 (8)(a)1. "Prison releasee reoffender" means any
15 defendant who commits, or attempts to commit:
16 a. Treason;
17 b. Murder;
18 c. Manslaughter;
19 d. Sexual battery;
20 e. Carjacking;
21 f. Home-invasion robbery;
22 g. Robbery;
23 h. Arson;
24 i. Kidnapping;
25 j. Aggravated assault;
26 k. Aggravated battery;
27 l. Aggravated stalking;
28 m. Aircraft piracy;
29 n. Unlawful throwing, placing, or discharging of a
30 destructive device or bomb;
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1 o. Any felony that involves the use or threat of
2 physical force or violence against an individual;
3 p. Armed burglary;
4 q. Burglary of an occupied structure or dwelling; or
5 r. Any felony violation of s. 790.07, s. 800.04, s.
6 827.03, or s. 827.071;
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8 within 3 years of being released from a state correctional
9 facility operated by the Department of Corrections or a
10 private vendor.
11 2. If the state attorney determines that a defendant
12 is a prison releasee reoffender as defined in subparagraph 1.,
13 the state attorney may seek to have the court sentence the
14 defendant as a prison releasee reoffender. Upon proof from the
15 state attorney that establishes by a preponderance of the
16 evidence that a defendant is a prison releasee reoffender as
17 defined in this section, such defendant is not eligible for
18 sentencing under the sentencing guidelines and must be
19 sentenced as follows:
20 a. For a felony punishable by life, by a term of
21 imprisonment for life;
22 b. For a felony of the first degree, by a term of
23 imprisonment of 30 years;
24 c. For a felony of the second degree, by a term of
25 imprisonment of 15 years; and
26 d. For a felony of the third degree, by a term of
27 imprisonment of 5 years.
28 (b) A person sentenced under paragraph (a) shall be
29 released only by expiration of sentence and shall not be
30 eligible for parole, control release, or any form of early
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1 release. Any person sentenced under paragraph (a) must serve
2 100 percent of the court-imposed sentence.
3 (c) Nothing in this subsection shall prevent a court
4 from imposing a greater sentence of incarceration as
5 authorized by law, pursuant to s. 775.084 or any other
6 provision of law.
7 (d)1. It is the intent of the Legislature that
8 offenders previously released from prison who meet the
9 criteria in paragraph (a) be punished to the fullest extent of
10 the law and as provided in this subsection, unless any of the
11 following circumstances exist:
12 a. The prosecuting attorney does not have sufficient
13 evidence to prove the highest charge available;
14 b. The testimony of a material witness cannot be
15 obtained;
16 c. The victim does not want the offender to receive
17 the mandatory prison sentence and provides a written statement
18 to that effect; or
19 d. Other extenuating circumstances exist which
20 preclude the just prosecution of the offender.
21 2. For every case in which the offender meets the
22 criteria in paragraph (a) and does not receive the mandatory
23 minimum prison sentence, the state attorney must explain the
24 sentencing deviation in writing and place such explanation in
25 the case file maintained by the state attorney. On a quarterly
26 basis, each state attorney shall submit copies of deviation
27 memoranda regarding offenses committed on or after the
28 effective date of this subsection, to the President of the
29 Florida Prosecuting Attorneys Association, Inc. The
30 association must maintain such information, and make such
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1 information available to the public upon request, for at least
2 a 10-year period.
3 (9)(8) The purpose of this section is to provide
4 uniform punishment for those crimes made punishable under this
5 section and, to this end, a reference to this section
6 constitutes a general reference under the doctrine of
7 incorporation by reference.
8 Section 3. Subsection (6) is added to section 944.705,
9 Florida Statutes, to read:
10 944.705 Release orientation program.--
11 (6)(a) The department shall notify every inmate, in no
12 less than 18-point type in the inmate's release documents,
13 that the inmate may be sentenced pursuant to s. 775.082(8) if
14 the inmate commits any felony offense described in s.
15 775.082(8) within 3 years after the inmate's release. This
16 notice must be prefaced by the word "WARNING" in boldfaced
17 type.
18 (b) Nothing in this section precludes the sentencing
19 of a person pursuant to s. 775.082(8), nor shall evidence that
20 the department failed to provide this notice prohibit a person
21 from being sentenced pursuant to s. 775.082(8). The state
22 shall not be required to demonstrate that a person received
23 any notice from the department in order for the court to
24 impose a sentence pursuant to s. 775.082(8).
25 Section 4. Subsection (6) of section 947.141, Florida
26 Statutes, is amended to read:
27 947.141 Violations of conditional release, control
28 release, or conditional medical release.--
29 (6) Whenever a conditional release, control release,
30 or conditional medical release is revoked by a panel of no
31 fewer than two commissioners and the releasee is ordered to be
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1 returned to prison, the releasee, by reason of the misconduct,
2 shall may be deemed to have forfeited all gain-time or
3 commutation of time for good conduct, as provided for by law,
4 earned up to the date of release. However, if a conditional
5 medical release is revoked due to the improved medical or
6 physical condition of the releasee, the releasee shall not
7 forfeit gain-time accrued before the date of conditional
8 medical release. This subsection does not deprive the prisoner
9 of the right to gain-time or commutation of time for good
10 conduct, as provided by law, from the date of return to
11 prison.
12 Section 5. Subsections (1) and (6) of section 948.06,
13 Florida Statutes, are amended to read:
14 948.06 Violation of probation or community control;
15 revocation; modification; continuance; failure to pay
16 restitution or cost of supervision.--
17 (1) Whenever within the period of probation or
18 community control there are reasonable grounds to believe that
19 a probationer or offender in community control has violated
20 his probation or community control in a material respect, any
21 law enforcement officer who is aware of the probationary or
22 community control status of the probationer or offender in
23 community control or any parole or probation supervisor may
24 arrest or request any county or municipal law enforcement
25 officer to arrest such probationer or offender without warrant
26 wherever found and forthwith return him to the court granting
27 such probation or community control. Any committing
28 magistrate may issue a warrant, upon the facts being made
29 known to him by affidavit of one having knowledge of such
30 facts, for the arrest of the probationer or offender,
31 returnable forthwith before the court granting such probation
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1 or community control. Any parole or probation supervisor, any
2 officer authorized to serve criminal process, or any peace
3 officer of this state is authorized to serve and execute such
4 warrant. The court, upon the probationer or offender being
5 brought before it, shall advise him of such charge of
6 violation and, if such charge is admitted to be true, may
7 forthwith revoke, modify, or continue the probation or
8 community control or place the probationer into a community
9 control program. If probation or community control is revoked,
10 the court shall adjudge the probationer or offender guilty of
11 the offense charged and proven or admitted, unless he has
12 previously been adjudged guilty, and impose any sentence which
13 it might have originally imposed before placing the
14 probationer on probation or the offender into community
15 control. If such violation of probation or community control
16 is not admitted by the probationer or offender, the court may
17 commit him or release him with or without bail to await
18 further hearing, or it may dismiss the charge of probation or
19 community control violation. If such charge is not at that
20 time admitted by the probationer or offender and if it is not
21 dismissed, the court, as soon as may be practicable, shall
22 give the probationer or offender an opportunity to be fully
23 heard on his behalf in person or by counsel. After such
24 hearing, the court may revoke, modify, or continue the
25 probation or community control or place the probationer into
26 community control. If such probation or community control is
27 revoked, the court shall adjudge the probationer or offender
28 guilty of the offense charged and proven or admitted, unless
29 he has previously been adjudged guilty, and impose any
30 sentence which it might have originally imposed before placing
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1 the probationer or offender on probation or into community
2 control.
3 (6) Any provision of law to the contrary
4 notwithstanding, whenever probation, community control, or
5 control release, including the probationary, community control
6 portion of a split sentence, is violated and the probation or
7 community control is revoked, the offender, by reason of his
8 misconduct, shall may be deemed to have forfeited all
9 gain-time or commutation of time for good conduct, as provided
10 by law, earned up to the date of his release on probation,
11 community control, or control release. This subsection does
12 not deprive the prisoner of his right to gain-time or
13 commutation of time for good conduct, as provided by law, from
14 the date on which he is returned to prison. However, if a
15 prisoner is sentenced to incarceration following termination
16 from a drug punishment program imposed as a condition of
17 probation, the sentence may include incarceration without the
18 possibility of gain-time or early release for the period of
19 time remaining in his treatment program placement term.
20 Section 6. For the purpose of incorporating the
21 amendment to section 948.06, Florida Statutes, in references
22 thereto, subsection (9) and paragraph (b) of subsection (13)
23 of section 948.01, Florida Statutes, 1996 Supplement, and
24 section 958.14, Florida Statutes, are reenacted to read:
25 948.01 When court may place defendant on probation or
26 into community control.--
27 (9) Procedures governing violations of community
28 control shall be the same as those described in s. 948.06 with
29 respect to probation.
30 (13) If it appears to the court upon a hearing that
31 the defendant is a chronic substance abuser whose criminal
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1 conduct is a violation of chapter 893, the court may either
2 adjudge the defendant guilty or stay and withhold the
3 adjudication of guilt; and, in either case, it may stay and
4 withhold the imposition of sentence and place the defendant on
5 drug offender probation.
6 (b) Offenders placed on drug offender probation are
7 subject to revocation of probation as provided in s. 948.06.
8 958.14 Violation of probation or community control
9 program.--A violation or alleged violation of probation or the
10 terms of a community control program shall subject the
11 youthful offender to the provisions of s. 948.06(1). However,
12 no youthful offender shall be committed to the custody of the
13 department for a substantive violation for a period longer
14 than the maximum sentence for the offense for which he was
15 found guilty, with credit for time served while incarcerated,
16 or for a technical or nonsubstantive violation for a period
17 longer than 6 years or for a period longer than the maximum
18 sentence for the offense for which he was found guilty,
19 whichever is less, with credit for time served while
20 incarcerated.
21 Section 7. This act shall take effect upon becoming a
22 law.
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