House Bill 3733e2

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                                      CS/HB 3733, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to offenders under correctional

  3         supervision; amending s. 947.1405, F.S.,

  4         relating to conditional release; providing that

  5         a conditional releasee must submit to searches

  6         of his or her person, property, or residence as

  7         requested by a correctional probation officer;

  8         reenacting s. 775.084(4)(i), F.S., relating to

  9         habitual felony offenders and habitual violent

10         felony offenders, to incorporate said amendment

11         in a reference; amending s. 947.18, F.S.,

12         relating to conditions of parole; providing

13         that a parolee must submit to searches of his

14         or her person, property, or residence as

15         requested by a correctional probation officer;

16         amending s. 947.22, F.S.; providing for

17         issuance of arrest warrant for a parole

18         violator by a correctional probation officer,

19         under specified circumstances; authorizing a

20         correctional probation officer to arrest

21         without warrant a parolee, control releasee, or

22         conditional releasee, or to search or request

23         search by a law enforcement officer of the

24         parolee or releasee's person, property, or

25         residence, under specified circumstances if

26         there are reasonable grounds to believe a

27         violation has occurred or if there are

28         reasonable grounds to believe the parolee or

29         releasee possesses prohibited items; providing

30         that evidence is admissible at a hearing for

31         violation of supervision even if no reasonable


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                                      CS/HB 3733, Second Engrossed



  1         ground for seizure exists; amending s. 948.03,

  2         F.S., relating to probation and community

  3         control; requiring a probationer or community

  4         controllee on supervision to submit to certain

  5         searches of his or her person, property, or

  6         residence; requiring notice to offender to be

  7         provided; prohibiting a probationer or

  8         community controllee from having "contact," as

  9         defined, with the victim unless authorized by

10         the court; reenacting s. 947.23(6), F.S.,

11         relating to action of Parole Commission upon

12         arrest of parolee, s. 948.001(5), F.S.,

13         relating to definition of "probation" with

14         respect to chapter 948, F.S., and s. 958.03(4),

15         F.S., relating to definition of "probation"

16         with respect to specified provisions in chapter

17         958, F.S., to incorporate said amendment in

18         references; amending s. 948.06, F.S., relating

19         to violations of probation or community

20         control; authorizing law enforcement officers

21         and probation or community control officers to

22         search without a warrant the person, property,

23         or residence of any of specified offenders

24         under certain circumstances; limiting authority

25         for searches of residences; requiring report

26         when residence is searched; defining reasonable

27         grounds; prohibiting the exclusion or

28         suppression of evidence from trials for

29         subsequent offenses by offenders on probation,

30         parole, conditional release, or community

31         control under certain circumstances when there


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                                      CS/HB 3733, Second Engrossed



  1         were "reasonable grounds," to believe that at

  2         the time of the search the offender violated

  3         the law or the terms of supervision; providing

  4         that evidence is admissible at a hearing for

  5         violation of supervision even if no reasonable

  6         ground for seizure exists; prohibiting the

  7         exclusion or suppression of evidence from

  8         hearings for violation of supervision of

  9         offenders on probation, parole, conditional

10         release, or community control; reenacting s.

11         948.01(9), (11)(b), and (13)(b), F.S., relating

12         to circumstances when a court may place a

13         defendant on probation or into community

14         control, and s. 958.14, F.S., relating to

15         violation of probation or community control

16         program, to incorporate said amendment in

17         references; providing an effective date.

18

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

20

21         Section 1.  Subsection (2) of section 947.1405, Florida

22  Statutes, is amended to read:

23         947.1405  Conditional release program.--

24         (1)  This section and s. 947.141 may be cited as the

25  "Conditional Release Program Act."

26         (2)  Any inmate who:

27         (a)  Is convicted of a crime committed on or after

28  October 1, 1988, and before January 1, 1994, and any inmate

29  who is convicted of a crime committed on or after January 1,

30  1994, which crime is or was contained in category 1, category

31  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,


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                                      CS/HB 3733, Second Engrossed



  1  Florida Rules of Criminal Procedure (1993), and who has served

  2  at least one prior felony commitment at a state or federal

  3  correctional institution;

  4         (b)  Is sentenced as a habitual or violent habitual

  5  offender or a violent career criminal pursuant to s. 775.084;

  6  or

  7         (c)  Is found to be a sexual predator under s. 775.21

  8  or former s. 775.23,

  9

10  shall, upon reaching the tentative release date or provisional

11  release date, whichever is earlier, as established by the

12  Department of Corrections, be released under supervision

13  subject to specified terms and conditions, including payment

14  of the cost of supervision pursuant to s. 948.09. Such

15  supervision shall be applicable to all sentences within the

16  overall term of sentences if an inmate's overall term of

17  sentences includes one or more sentences that are eligible for

18  conditional release supervision as provided herein. Effective

19  July 1, 1994, and applicable for offenses committed on or

20  after that date, the commission may require, as a condition of

21  conditional release, that the releasee make payment of the

22  debt due and owing to a county or municipal detention facility

23  under s. 951.032 for medical care, treatment, hospitalization,

24  or transportation received by the releasee while in that

25  detention facility. The commission, in determining whether to

26  order such repayment and the amount of such repayment, shall

27  consider the amount of the debt, whether there was any fault

28  of the institution for the medical expenses incurred, the

29  financial resources of the releasee, the present and potential

30  future financial needs and earning ability of the releasee,

31  and dependents, and other appropriate factors.  If an inmate


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                                      CS/HB 3733, Second Engrossed



  1  has received a term of probation or community control

  2  supervision to be served after release from incarceration, the

  3  period of probation or community control must be substituted

  4  for the conditional release supervision. A panel of no fewer

  5  than two commissioners shall establish the terms and

  6  conditions of any such release. If the offense was a

  7  controlled substance violation, the conditions shall include a

  8  requirement that the offender submit to random substance abuse

  9  testing intermittently throughout the term of conditional

10  release supervision, upon the direction of the correctional

11  probation officer as defined in s. 943.10(3). Regardless of

12  the offense, the offender must consent to a search of his or

13  her person, property, or residence as requested by the

14  correctional probation officer. The commission shall also

15  determine whether the terms and conditions of such release

16  have been violated and whether such violation warrants

17  revocation of the conditional release.

18         Section 2.  For the purpose of incorporating the

19  amendment to s. 947.1405, Florida Statutes, in a reference

20  thereto, paragraph (i) of subsection (4) of section 775.084,

21  Florida Statutes, is reenacted to read:

22         775.084  Violent career criminals; habitual felony

23  offenders and habitual violent felony offenders; definitions;

24  procedure; enhanced penalties.--

25         (4)

26         (i)  The provisions of s. 947.1405 shall apply to

27  persons sentenced as habitual felony offenders and persons

28  sentenced as habitual violent felony offenders.

29         Section 3.  Section 947.18, Florida Statutes, is

30  amended to read:

31


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                                      CS/HB 3733, Second Engrossed



  1         947.18  Conditions of parole.--No person shall be

  2  placed on parole merely as a reward for good conduct or

  3  efficient performance of duties assigned in prison. No person

  4  shall be placed on parole until and unless the commission

  5  finds that there is reasonable probability that, if the person

  6  is placed on parole, he or she will live and conduct himself

  7  or herself as a respectable and law-abiding person and that

  8  the person's release will be compatible with his or her own

  9  welfare and the welfare of society. No person shall be placed

10  on parole unless and until the commission is satisfied that he

11  or she will be suitably employed in self-sustaining employment

12  or that he or she will not become a public charge. The

13  commission shall determine the terms upon which such person

14  shall be granted parole.  If the person's conviction was for a

15  controlled substance violation, one of the conditions must be

16  that the person submit to random substance abuse testing

17  intermittently throughout the term of supervision, upon the

18  direction of the correctional probation officer as defined in

19  s. 943.10(3). Regardless of the offense, the offender must

20  consent to a search of his or her person, property, or

21  residence as requested by the correctional probation officer.

22  In addition to any other lawful condition of parole, the

23  commission may make the payment of the debt due and owing to

24  the state under s. 960.17 or the payment of the attorney's

25  fees and costs due and owing to a county under s. 938.29 a

26  condition of parole subject to modification based on change of

27  circumstances.

28         Section 4.  Subsections (1) and (2) of section 947.22,

29  Florida Statutes, are amended to read:

30         947.22  Authority to arrest and search parole violators

31  with or without warrant.--


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                                      CS/HB 3733, Second Engrossed



  1         (1)  If a member of the commission or a duly authorized

  2  representative of the commission has reasonable grounds to

  3  believe that a parolee has violated the terms and conditions

  4  of her or his parole in a material respect, such member or

  5  representative may issue a warrant for the arrest of such

  6  parolee.  The warrant shall be returnable before a member of

  7  the commission or a duly authorized representative of the

  8  commission.  The commission, a commissioner, or a parole

  9  examiner with approval of the parole examiner supervisor, may

10  release the parolee on bail or her or his own recognizance,

11  conditioned upon her or his appearance at any hearings noticed

12  by the commission.  If not released on bail or her or his own

13  recognizance, the parolee shall be committed to jail pending

14  hearings pursuant to s. 947.23. The commission, at its

15  election, may have the hearing conducted by one or more

16  commissioners or by a duly authorized representative of the

17  commission.  Any correctional probation officer parole and

18  probation officer, any officer authorized to serve criminal

19  process, or any peace officer of this state is authorized to

20  execute the warrant.

21         (2)  Any correctional probation officer parole and

22  probation officer, when she or he has reasonable ground to

23  believe that a parolee, control releasee, or conditional

24  releasee has violated the terms and conditions of her or his

25  parole, control release, or conditional release in a material

26  respect, has the right to arrest the releasee or parolee

27  without warrant and bring her or him forthwith before one or

28  more commissioners or a duly authorized representative of the

29  Parole Commission or Control Release Authority; and

30  proceedings shall thereupon be had as provided herein when a

31  warrant has been issued by a member of the commission or


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                                      CS/HB 3733, Second Engrossed



  1  authority or a duly authorized representative of the

  2  commission or authority. When any correctional probation

  3  officer has reasonable grounds to believe that a parolee,

  4  control releasee, or conditional releasee has violated the

  5  terms and conditions of her or his parole, control release, or

  6  conditional release in a material respect or is in possession

  7  of contraband or other items that the person is prohibited

  8  from possessing, the correctional probation officer may search

  9  the person, property, or residence of the parolee or releasee

10  or request a law enforcement officer to do the same. However,

11  if a correctional probation officer conducts a search without

12  reasonable grounds, the evidence seized may only be admitted

13  at a hearing for a violation of supervision.

14         Section 5.  Subsection (1) of section 948.03, Florida

15  Statutes, is amended to read:

16         948.03  Terms and conditions of probation or community

17  control.--

18         (1)  The court shall determine the terms and conditions

19  of probation or community control.  Conditions specified in

20  paragraphs (a) through and including (o) (m) do not require

21  oral pronouncement at the time of sentencing and may be

22  considered standard conditions of probation. Conditions

23  specified in paragraphs (a) through and including (o) (m) and

24  (2)(a) do not require oral pronouncement at sentencing and may

25  be considered standard conditions of community control.  These

26  conditions may include among them the following, that the

27  probationer or offender in community control shall:

28         (a)  Report to the probation and parole supervisors as

29  directed.

30         (b)  Permit such supervisors to visit him or her at his

31  or her home or elsewhere.


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                                      CS/HB 3733, Second Engrossed



  1         (c)  Work faithfully at suitable employment insofar as

  2  may be possible.

  3         (d)  Remain within a specified place.

  4         (e)  Make reparation or restitution to the aggrieved

  5  party for the damage or loss caused by his or her offense in

  6  an amount to be determined by the court.  The court shall make

  7  such reparation or restitution a condition of probation,

  8  unless it determines that clear and compelling reasons exist

  9  to the contrary. If the court does not order restitution, or

10  orders restitution of only a portion of the damages, as

11  provided in s. 775.089, it shall state on the record in detail

12  the reasons therefor.

13         (f)  Effective July 1, 1994, and applicable for

14  offenses committed on or after that date, make payment of the

15  debt due and owing to a county or municipal detention facility

16  under s. 951.032 for medical care, treatment, hospitalization,

17  or transportation received by the felony probationer while in

18  that detention facility. The court, in determining whether to

19  order such repayment and the amount of such repayment, shall

20  consider the amount of the debt, whether there was any fault

21  of the institution for the medical expenses incurred, the

22  financial resources of the felony probationer, the present and

23  potential future financial needs and earning ability of the

24  probationer, and dependents, and other appropriate factors.

25         (g)  Support his or her legal dependents to the best of

26  his or her ability.

27         (h)  Make payment of the debt due and owing to the

28  state under s. 960.17, subject to modification based on change

29  of circumstances.

30         (i)  Pay any application fee assessed under s.

31  27.52(1)(c) and attorney's fees and costs assessed under s.


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                                      CS/HB 3733, Second Engrossed



  1  938.29, subject to modification based on change of

  2  circumstances.

  3         (j)  Not associate with persons engaged in criminal

  4  activities.

  5         (k)1.  Submit to random testing as directed by the

  6  correctional probation officer or the professional staff of

  7  the treatment center where he or she is receiving treatment to

  8  determine the presence or use of alcohol or controlled

  9  substances.

10         2.  If the offense was a controlled substance violation

11  and the period of probation immediately follows a period of

12  incarceration in the state correction system, the conditions

13  shall include a requirement that the offender submit to random

14  substance abuse testing intermittently throughout the term of

15  supervision, upon the direction of the correctional probation

16  officer as defined in s. 943.10(3).

17         (l)  Be prohibited from possessing, carrying, or owning

18  any firearm unless authorized by the court and consented to by

19  the probation officer.

20         (m)  Be prohibited from using intoxicants to excess or

21  possessing any drugs or narcotics unless prescribed by a

22  physician. The probationer or community controllee shall not

23  knowingly visit places where intoxicants, drugs, or other

24  dangerous substances are unlawfully sold, dispensed, or used.

25         (n)  For offenses involving victims, not have contact

26  with the victim unless otherwise authorized by the court.  If

27  the court authorizes the defendant to have contact with the

28  victim, over the objection of the victim or state attorney,

29  the court shall state on the record in detail the reasons

30  therefor. For purposes of this paragraph, "contact" means

31  willful and knowing intent to be physically in the presence of


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                                      CS/HB 3733, Second Engrossed



  1  the victim in any manner, or oral or written communication to

  2  the victim by any means. Contact is established by the conduct

  3  of the defendant, or by anyone acting at the direction of the

  4  defendant. It shall be the duty of the defendant to leave

  5  immediately the presence of the victim under any circumstance

  6  when incidental or unintended contact takes place.

  7         (o)  Consent to search of his or her person, property,

  8  or residence as requested by the supervising probation or

  9  community control officer.  The offender must be given actual

10  notice that he or she must consent to a search and that

11  evidence seized may be used against the offender in a trial of

12  a new substantive offense.  Such notice must be given orally

13  and in writing by the court and by a probation or community

14  control officer in order for the offender to be subject to

15  this paragraph.

16         (p)(n)  Attend an HIV/AIDS awareness program consisting

17  of a class of not less than 2 hours or more than 4 hours in

18  length, the cost for which shall be paid by the offender, if

19  such a program is available in the county of the offender's

20  residence.

21         (q)(o)  Pay not more than $1 per month during the term

22  of probation or community control to a nonprofit organization

23  established for the sole purpose of supplementing the

24  rehabilitative efforts of the Department of Corrections.

25         Section 6.  For the purpose of incorporating the

26  amendment to section 948.03, Florida Statutes, in references

27  thereto, the following sections or subdivisions of Florida

28  Statutes are reenacted to read:

29         947.23  Action of commission upon arrest of parolee.--

30         (6)  Within a reasonable time after the hearing, the

31  commissioner, commissioners, or duly authorized representative


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                                      CS/HB 3733, Second Engrossed



  1  of the commission who conducted the hearing shall make

  2  findings of fact in regard to the alleged parole violation.

  3         (a)  If the hearing was conducted by three or more

  4  commissioners, a majority of them shall enter an order

  5  determining whether the charges of parole violation have been

  6  sustained, based on the findings of fact made by them.  By

  7  such order they shall revoke the parole and return the parolee

  8  to prison to serve the sentence theretofore imposed upon her

  9  or him, reinstate the original order of parole, order the

10  placement of the parolee into a community control program as

11  set forth in s. 948.03, or enter such other order as is

12  proper.

13         (b)  If the hearing was conducted by one or two

14  commissioners or a duly authorized representative of the

15  commission, at least two commissioners shall enter an order

16  determining whether or not the charges of parole violation

17  have been sustained, based on the findings of fact made by the

18  commissioner, commissioners, or duly authorized representative

19  of the commission.  The commissioners, by such order, shall

20  revoke the parole and return the parolee to prison to serve

21  the sentence theretofore imposed upon her or him, reinstate

22  the original order of parole, order the placement of the

23  parolee into a community control program as set forth in s.

24  948.03, or enter such other order as is proper.

25         (c)  If the disposition after the revocation hearing is

26  to place the parolee into a community control program, the

27  commission shall be guided by the procedures and requirements

28  provided in chapter 948 which apply to the courts regarding

29  the development and implementation of community control.

30

31


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                                      CS/HB 3733, Second Engrossed



  1  However, any decision to revoke parole shall be based on a

  2  violation of a term or condition specifically enumerated in

  3  the parole release order.  In a case in which parole is

  4  revoked, the majority of the commission or the two

  5  commissioners shall make a written statement of the evidence

  6  relied on and the reasons for revoking parole.

  7         948.001  Definitions.--As used in this chapter, the

  8  term:

  9         (5)  "Probation" means a form of community supervision

10  requiring specified contacts with parole and probation

11  officers and other terms and conditions as provided in s.

12  948.03.

13         958.03  Definitions.--As used in this act:

14         (4)  "Probation" means a form of community supervision

15  requiring specified contacts with parole and probation

16  officers and other terms and conditions as provided in s.

17  948.03.

18         Section 7.  Subsection (1) of section 948.06, Florida

19  Statutes, is amended, and subsections (8), (9), (10), (11) and

20  (12) are added to said section, to read:

21         948.06  Violation of probation or community control;

22  revocation; modification; continuance; failure to pay

23  restitution or cost of supervision.--

24         (1)  Whenever within the period of probation or

25  community control there are reasonable grounds to believe that

26  a violation of probation or community control occurred, or

27  there are reasonable grounds to believe that the person under

28  supervision is in possession of contraband or other items that

29  the person is prohibited from possessing, the person on

30  probation or community control may be arrested without a

31


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                                      CS/HB 3733, Second Engrossed



  1  warrant or have his or her person, property, or residence

  2  searched without a warrant by any of the following people:

  3         (a)  A probation officer who is aware that the person

  4  is on probation;

  5         (b)  A community control officer who is aware that the

  6  person is on community control; or

  7         (c)  A law enforcement officer who is requested by a

  8  probation or community control officer who has knowledge that

  9  the person is on probation or community control.

10

11  However, if a supervising officer conducts a search without

12  reasonable grounds, the evidence seized may only be admitted

13  at a hearing for violation of supervision. Whenever within the

14  period of probation or community control there are reasonable

15  grounds to believe that a probationer or offender in community

16  control has violated his or her probation or community control

17  in a material respect, any law enforcement officer who is

18  aware of the probationary or community control status of the

19  probationer or offender in community control or any parole or

20  probation supervisor may arrest or request any county or

21  municipal law enforcement officer to arrest such probationer

22  or offender without warrant wherever found and forthwith

23  return him or her to the court granting such probation or

24  community control. Any committing magistrate may issue a

25  warrant, upon the facts being made known to him or her by

26  affidavit of one having knowledge of such facts, for the

27  arrest of the probationer or offender, returnable forthwith

28  before the court granting such probation or community control.

29  Any parole or probation supervisor, any officer authorized to

30  serve criminal process, or any peace officer of this state is

31  authorized to serve and execute such warrant. The court, upon


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                                      CS/HB 3733, Second Engrossed



  1  the probationer or offender being brought before it, shall

  2  advise him or her of such charge of violation and, if such

  3  charge is admitted to be true, may forthwith revoke, modify,

  4  or continue the probation or community control or place the

  5  probationer into a community control program. If probation or

  6  community control is revoked, the court shall adjudge the

  7  probationer or offender guilty of the offense charged and

  8  proven or admitted, unless he or she has previously been

  9  adjudged guilty, and impose any sentence which it might have

10  originally imposed before placing the probationer on probation

11  or the offender into community control. If such violation of

12  probation or community control is not admitted by the

13  probationer or offender, the court may commit him or her or

14  release him or her with or without bail to await further

15  hearing, or it may dismiss the charge of probation or

16  community control violation. If such charge is not at that

17  time admitted by the probationer or offender and if it is not

18  dismissed, the court, as soon as may be practicable, shall

19  give the probationer or offender an opportunity to be fully

20  heard on his or her behalf in person or by counsel. After such

21  hearing, the court may revoke, modify, or continue the

22  probation or community control or place the probationer into

23  community control. If such probation or community control is

24  revoked, the court shall adjudge the probationer or offender

25  guilty of the offense charged and proven or admitted, unless

26  he or she has previously been adjudged guilty, and impose any

27  sentence which it might have originally imposed before placing

28  the probationer or offender on probation or into community

29  control.

30

31


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                                      CS/HB 3733, Second Engrossed



  1         (6)  Any parolee in a community control program who has

  2  allegedly violated the terms and conditions of such placement

  3  is subject to the provisions of ss. 947.22 and 947.23.

  4         (8)  Notwithstanding subsection (1), a probation or

  5  community control officer may not search, or authorize the

  6  search of, a residence without consent of the offender or a

  7  warrant issued by a judge, unless there are reasonable grounds

  8  to believe the offender violated a condition of community

  9  control or probation, or committed a new violation of law, and

10  at least one of the following applies:

11         (a)  The approval of the supervisor of the probation or

12  community control officer is obtained;

13         (b)  There are exigent circumstances, such as, but not

14  limited to, suspicion the offender will destroy contraband or

15  use a weapon, which require that the search be conducted

16  without approval; or

17         (c)  The search was conducted with the assistance of a

18  certified law enforcement officer.

19         (d)  This subsection is not intended to expand the

20  definition of the term "constructive possession" as provided

21  by law.

22         (9)  A written record of all searches of a residence

23  conducted pursuant to subsection (8) shall be prepared by the

24  probation or community control officer who conducted the

25  search, or who requested a certified law enforcement officer

26  to conduct the search of a residence.  The report shall state:

27         (a)  The identity of the offender living at the

28  residence searched;

29         (b)  The identity of the probation or community control

30  officer who conducted or requested the search;

31         (c)  The date, time, and place of the search;


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                                      CS/HB 3733, Second Engrossed



  1         (d)  The reason for the search;

  2         (e)  Any items seized pursuant to the search; and

  3         (f)  Whether any damage was done to the residence or

  4  property during the search.

  5         (10)  For the purposes of a search of the person

  6  property, or residence of a person on probation, parole,

  7  conditional release, or community control, the term

  8  "reasonable grounds" means that the reasonable suspicion

  9  standard applies.  In determining whether reasonable grounds

10  exist, the correctional probation officer shall consider any

11  of the following factors, including but not limited to:

12         (a)  The observations of alleged suspicious behavior by

13  correctional probation officers or law enforcement officers.

14         (b)  Information provided by informants.

15         (c)  The reliability of the information provided by an

16  informant.  In evaluating the reliability of the information,

17  the correctional probation officers shall give attention to

18  the detail, consistency and corroboration of the information

19  provided by the informant.

20         (d)  The reliability of the informant.  In evaluating

21  the informant's reliability, attention shall be given to

22  whether the informant has supplied reliable information in the

23  past and whether the informant has reason to supply inaccurate

24  information.

25         (e)  The activity of the offender that relates to

26  whether the offender might possess contraband or might have

27  used or be under the influence of an intoxicating substance.

28         (f)  Information provided by the offender that is

29  relevant to whether the offender has used, possesses or is

30  under the influence of an intoxicating substance or possesses

31  any other contraband.


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                                      CS/HB 3733, Second Engrossed



  1         (g)  The experience of a correctional probation officer

  2  with that offender.

  3         (h)  Prior seizures of contraband from the offender.

  4         (i)  The need to verify compliance with rules of

  5  supervision and state and federal law.

  6         (11)  Evidence may not be excluded or suppressed from

  7  the trial of a new substantive offense if:

  8         (a)  The defendant was on probation, parole,

  9  conditional release, or community control at the time of the

10  offense; and

11         (b)  The search was conducted when there were

12  reasonable grounds to believe that the offender was in

13  violation of the law or in violation of the terms of

14  probation, parole, conditional release, or community control.

15         (12)  Evidence may not be excluded or suppressed from a

16  hearing for a violation of probation, parole, conditional

17  release, or community control.

18         Section 8.  For the purpose of incorporating the

19  amendments to section 948.06, Florida Statutes, in references

20  thereto, the following sections or subdivisions of Florida

21  Statutes are reenacted to read:

22         948.01  When court may place defendant on probation or

23  into community control.--

24         (9)  Procedures governing violations of community

25  control shall be the same as those described in s. 948.06 with

26  respect to probation.

27         (11)  The court may also impose a split sentence

28  whereby the defendant is sentenced to a term of probation

29  which may be followed by a period of incarceration or, with

30  respect to a felony, into community control, as follows:

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                                      CS/HB 3733, Second Engrossed



  1         (b)  If the offender does not meet the terms and

  2  conditions of probation or community control, the court may

  3  revoke, modify, or continue the probation or community control

  4  as provided in s. 948.06. If the probation or community

  5  control is revoked, the court may impose any sentence that it

  6  could have imposed at the time the offender was placed on

  7  probation or community control. The court may not provide

  8  credit for time served for any portion of a probation or

  9  community control term toward a subsequent term of probation

10  or community control. However, the court may not impose a

11  subsequent term of probation or community control which, when

12  combined with any amount of time served on preceding terms of

13  probation or community control for offenses pending before the

14  court for sentencing, would exceed the maximum penalty

15  allowable as provided in s. 775.082. Such term of

16  incarceration shall be served under applicable law or county

17  ordinance governing service of sentences in state or county

18  jurisdiction. This paragraph does not prohibit any other

19  sanction provided by law.

20         (13)  If it appears to the court upon a hearing that

21  the defendant is a chronic substance abuser whose criminal

22  conduct is a violation of chapter 893, the court may either

23  adjudge the defendant guilty or stay and withhold the

24  adjudication of guilt; and, in either case, it may stay and

25  withhold the imposition of sentence and place the defendant on

26  drug offender probation.

27         (b)  Offenders placed on drug offender probation are

28  subject to revocation of probation as provided in s. 948.06.

29         958.14  Violation of probation or community control

30  program.--A violation or alleged violation of probation or the

31  terms of a community control program shall subject the


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                                      CS/HB 3733, Second Engrossed



  1  youthful offender to the provisions of s. 948.06(1).  However,

  2  no youthful offender shall be committed to the custody of the

  3  department for a substantive violation for a period longer

  4  than the maximum sentence for the offense for which he or she

  5  was found guilty, with credit for time served while

  6  incarcerated, or for a technical or nonsubstantive violation

  7  for a period longer than 6 years or for a period longer than

  8  the maximum sentence for the offense for which he or she was

  9  found guilty, whichever is less, with credit for time served

10  while incarcerated.

11         Section 9.  This act shall take effect July 1 of the

12  year in which enacted.

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