Senate Bill 1132c1

    Florida Senate - 2000                           CS for SB 1132

    By the Committee on Criminal Justice and Senator Laurent





    307-1773-00

  1                      A bill to be entitled

  2         An act relating to violations of probation or

  3         community control; amending s. 948.06, F.S.;

  4         providing for the period of probation or

  5         community control for an offender to be tolled

  6         following the filing of an affidavit alleging a

  7         violation of the probation or community control

  8         and the issuance of a warrant; providing for

  9         reinstatement of a previously imposed period of

10         probation or community control following

11         dismissal of such an affidavit; providing an

12         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.  Subsection (1) of section 948.06, Florida

17  Statutes, is amended to read:

18         948.06  Violation of probation or community control;

19  revocation; modification; continuance; failure to pay

20  restitution or cost of supervision.--

21         (1)  Whenever within the period of probation or

22  community control there are reasonable grounds to believe that

23  a probationer or offender in community control has violated

24  his or her probation or community control in a material

25  respect, any law enforcement officer who is aware of the

26  probationary or community control status of the probationer or

27  offender in community control or any parole or probation

28  supervisor may arrest or request any county or municipal law

29  enforcement officer to arrest such probationer or offender

30  without warrant wherever found and forthwith return him or her

31  to the court granting such probation or community control. Any

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






    Florida Senate - 2000                           CS for SB 1132
    307-1773-00




  1  committing magistrate may issue a warrant, upon the facts

  2  being made known to him or her by affidavit of one having

  3  knowledge of such facts, for the arrest of the probationer or

  4  offender, returnable forthwith before the court granting such

  5  probation or community control. Any parole or probation

  6  supervisor, any officer authorized to serve criminal process,

  7  or any peace officer of this state is authorized to serve and

  8  execute such warrant. Upon the filing of an affidavit alleging

  9  a violation of probation or community control, and the

10  issuance of a warrant pursuant to s. 901.02(1), the

11  probationary period is tolled until the violation is ruled

12  upon by the court. The court, upon the probationer or offender

13  being brought before it, shall advise him or her of such

14  charge of violation and, if such charge is admitted to be

15  true, may forthwith revoke, modify, or continue the probation

16  or community control or place the probationer into a community

17  control program. If probation or community control is revoked,

18  the court shall adjudge the probationer or offender guilty of

19  the offense charged and proven or admitted, unless he or she

20  has previously been adjudged guilty, and impose any sentence

21  which it might have originally imposed before placing the

22  probationer on probation or the offender into community

23  control. If such violation of probation or community control

24  is not admitted by the probationer or offender, the court may

25  commit him or her or release him or her with or without bail

26  to await further hearing, or it may dismiss the charge of

27  probation or community control violation. If such charge is

28  not at that time admitted by the probationer or offender and

29  if it is not dismissed, the court, as soon as may be

30  practicable, shall give the probationer or offender an

31  opportunity to be fully heard on his or her behalf in person

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






    Florida Senate - 2000                           CS for SB 1132
    307-1773-00




  1  or by counsel. After such hearing, the court may revoke,

  2  modify, or continue the probation or community control or

  3  place the probationer into community control. If such

  4  probation or community control is revoked, the court shall

  5  adjudge the probationer or offender guilty of the offense

  6  charged and proven or admitted, unless he or she has

  7  previously been adjudged guilty, and impose any sentence which

  8  it might have originally imposed before placing the

  9  probationer or offender on probation or into community

10  control. If the court dismisses an affidavit alleging a

11  violation of probation or community control, the offender's

12  probation or community control shall continue as previously

13  imposed, notwithstanding any period the probation or community

14  control was tolled.

15         Section 2.  This act shall take effect July 1, 2000.

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17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 1132

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20  -     Requires the issuance of a warrant to toll the
          probationary period.
21
    -     Does not require a hearing, but merely a ruling by the
22        court on the violation.

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