Senate Bill 1566c1

    Florida Senate - 1998                           CS for SB 1566

    By the Committee on Criminal Justice and Senator Burt





    307-2028-98

  1                      A bill to be entitled

  2         An act relating to criminal offenders;

  3         providing a short title; amending s. 944.026,

  4         F.S.; prohibiting the court from committing

  5         certain offenders to a probation and

  6         restitution center as an alternative to a

  7         secure state correctional institution;

  8         providing an effective date.

  9

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

11

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

13  Act."

14         Section 2.  Paragraph (c) of subsection (1) of section

15  944.026, Florida Statutes, is amended to read:

16         944.026  Community-based facilities and programs.--

17         (1)  In addition to those facilities and services

18  described elsewhere in this chapter, the department shall

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

20  community-based facilities, services, and programs dealing

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

22  not be limited to:

23         (c)  A system of probation and restitution centers

24  throughout the state whereby probationers, drug offender

25  probationers, and community controllees who have violated

26  their terms or conditions, and whose presumptive sentence

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

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

29  probation, drug offender probation, or community control who

30  may be  required to attend outpatient substance abuse

31  counseling.  The purpose of these facilities and services is

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 1566
    307-2028-98




  1  to provide the court with an alternative to committing

  2  offenders to more secure state correctional institutions and

  3  to assist in the supervision of probationers, drug offender

  4  probationers, and community controllees. However, the court

  5  may not refer an offender to a probation and restitution

  6  center if the offender has committed any of the following

  7  offenses or if the offender has any of the following

  8  characteristics:

  9         1.  The offender has been convicted for committing,

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

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

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

13  943.0435(1)(a), or any offense that involved serious personal

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

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

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

17  regardless of whether adjudication is withheld.

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

19  drugs and requires detoxification services or crisis

20  stabilization services, as determined by licensed medical

21  personnel.

22         3.  The offender is physically unable to work.

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

24  felony under s. 775.081.

25         Section 3.  This act shall take effect October 1, 1998.

26

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                         Senate Bill 1566

29

30  Removes the provision in the legislation prohibiting sentence
    mitigation based on the testimony of friends, relatives, and
31  other persons.

                                  2