Senate Bill 1566

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    Florida Senate - 1998                                  SB 1566

    By Senator Burt





    16-1133A-98

  1                      A bill to be entitled

  2         An act relating to criminal offenders;

  3         providing a short title; amending s. 921.0026,

  4         F.S.; providing that testimony in support of an

  5         offender's rehabilitation may not be a

  6         mitigating circumstance considered by the court

  7         in imposing a sentence; amending s. 944.026,

  8         F.S.; prohibiting the court from committing

  9         certain offenders to a probation and

10         restitution center as an alternative to a

11         secure state correctional institution;

12         providing an effective date.

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

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16         Section 1.  This act may be cited as the "Sean French

17  Act."

18         Section 2.  Subsection (4) is added to section

19  921.0026, Florida Statutes, as created by section 8 of chapter

20  97-194, Laws of Florida, to read:

21         921.0026  Mitigating circumstances.--

22         (4)  Testimony by a defendant's relative, friend,

23  employer, or any other person which supports the defendant's

24  rehabilitation is not a mitigating circumstance under which

25  the court may depart from the permissible sentencing range,

26  and a departure based on such testimony is prohibited.

27  However, this subsection does not preclude evidence or

28  testimony from a person who is professionally qualified to

29  assess that the defendant requires specialized treatment, as

30  described in paragraph (2)(d), and does not preclude a

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    Florida Senate - 1998                                  SB 1566
    16-1133A-98




  1  departure from the permissible sentencing range based upon

  2  such evidence or testimony.

  3         Section 3.  Paragraph (c) of subsection (1) of section

  4  944.026, Florida Statutes, is amended to read:

  5         944.026  Community-based facilities and programs.--

  6         (1)  In addition to those facilities and services

  7  described elsewhere in this chapter, the department shall

  8  develop, provide, or contract for a statewide system of

  9  community-based facilities, services, and programs dealing

10  with the rehabilitation of offenders, which shall include, but

11  not be limited to:

12         (c)  A system of probation and restitution centers

13  throughout the state whereby probationers, drug offender

14  probationers, and community controllees who have violated

15  their terms or conditions, and whose presumptive sentence

16  exceeds 22 months, may be required to reside while working,

17  receiving treatment, or attending school, or for persons on

18  probation, drug offender probation, or community control who

19  may be  required to attend outpatient substance abuse

20  counseling.  The purpose of these facilities and services is

21  to provide the court with an alternative to committing

22  offenders to more secure state correctional institutions and

23  to assist in the supervision of probationers, drug offender

24  probationers, and community controllees. However, the court

25  may not refer an offender to a probation and restitution

26  center if the offender has committed any of the following

27  offenses or if the offender has any of the following

28  characteristics:

29         1.  The offender has been convicted for committing,

30  attempting to commit, or conspiring to commit a sexual battery

31  under s. 794.011, a felony violation of s. 847.0135, any

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    Florida Senate - 1998                                  SB 1566
    16-1133A-98




  1  offense listed or described in s. 775.21(4)(c) or s.

  2  943.0435(1)(a), or any offense that involved serious personal

  3  injury to another person. As used in this subparagraph, the

  4  term "convicted" means a determination of guilt as a result of

  5  a trial or the entry of a plea of guilty or nolo contendere,

  6  regardless of whether adjudication is withheld.

  7         2.  The offender has a severe addiction to alcohol or

  8  drugs and requires detoxification services or crisis

  9  stabilization services, as determined by licensed medical

10  personnel.

11         3.  The offender is physically unable to work.

12         4.  The offender is charged with a capital or life

13  felony under s. 775.081.

14         Section 4.  This act shall take effect October 1, 1998.

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17                          SENATE SUMMARY

18    Provides that the court may not depart from the
      permissible sentencing range based on testimony in
19    support of a defendant's rehabilitation. Provides that an
      offender may not be committed to a probation and
20    restitution center if the offender has been convicted of
      certain sex offenses or certain violent offenses, is
21    addicted to alcohol or drugs, or is unable to work.

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