Senate Bill 2212
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    Florida Senate - 2000                                  SB 2212
    By the Committee on Criminal Justice
    307-372C-00
  1                      A bill to be entitled
  2         An act relating to the Department of
  3         Corrections; providing legislative intent with
  4         respect to the release of information to the
  5         public which concerns persons under community
  6         supervision by the Department of Corrections;
  7         requiring the Department of Corrections to
  8         update such information; providing requirements
  9         with respect to the equipment provided to
10         probation officers by the Department of
11         Corrections; requiring the department to submit
12         an information technology plan to the
13         Legislature; amending s. 121.021, F.S.;
14         including certain correctional probation
15         officers within the Special Risk Class of that
16         system; amending s. 121.0515, F.S.; specifying
17         criteria for inclusion of correctional
18         probation officers in that class; providing for
19         inclusion of probation and parole circuit and
20         deputy circuit administrators in that class;
21         providing a finding of important state
22         interest; amending s. 775.089, F.S.; requiring
23         that payments collected from offenders be
24         applied toward victim restitution before
25         satisfying other financial obligations of the
26         offender; amending s. 948.01, F.S.; providing
27         that an offender who is convicted of or has
28         adjudication withheld for specified offenses
29         may not be placed on probation or community
30         control; prohibiting the court from continuing
31         community control or probation for an offender
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  1         whom the court finds has committed an offense
  2         that is the same or similar to the original
  3         offense; amending s. 948.03, F.S.; providing
  4         additional requirements for offenders placed in
  5         community control; providing requirements for
  6         polygraph examinations; amending s. 948.032,
  7         F.S.; requiring that restitution be a condition
  8         of community control; providing requirements
  9         for the court in determining whether to revoke
10         an offender's community control; amending s.
11         948.04, F.S.; providing requirements for the
12         supervision of offenders placed on community
13         control; amending s. 948.06, F.S.; prohibiting
14         the court from continuing community control or
15         probation for an offender whom the court finds
16         has committed an offense that is the same or
17         similar to the original offense; amending s.
18         948.11, F.S.; requiring the Department of
19         Corrections to electronically monitor
20         offenders; providing an effective date.
21
22  Be It Enacted by the Legislature of the State of Florida:
23
24         Section 1.  It is the intent of the Legislature to make
25  information regarding offenders who are under community
26  supervision by the Department of Corrections easily accessible
27  to the public. For offenders who are being supervised in the
28  community by the department, except persons being supervised
29  under a pretrial intervention program, the Department of
30  Corrections must compile and provide the names, current
31  addresses, and offense convictions, regardless of
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  1  adjudication, in a format that is reasonably accessible to the
  2  public. The department shall also make the photographs of such
  3  offenders accessible to the public. Any information that is
  4  provided to the public must be updated within 30 days after
  5  the department becomes aware of any change in the information
  6  concerning or the status of an offender. The provision of such
  7  information must be accomplished within existing resources of
  8  the department. Upon the discharge of an offender from
  9  supervision for any reason, the department shall remove the
10  information from the compilation of information concerning
11  offenders that are under community supervision by the
12  Department of Corrections within 30 days after the department
13  becomes aware of the discharge.
14         Section 2.  Within existing resources and as funding is
15  provided, the Department of Corrections should provide
16  correctional probation officers with the use of radios and
17  cellular telephones to enhance the adequacy of supervision of
18  offenders and to protect officer safety when it is deemed
19  appropriate and as such equipment is available, as delineated
20  by rules adopted by the department.
21         Section 3.  A probation officer who requests to carry a
22  firearm while on duty shall carry a firearm issued by the
23  Department of Corrections. Such officers must be qualified to
24  carry the department-issued firearms as required by the
25  Criminal Justice Standards and Training Commission and the
26  Department of Corrections. The Department of Corrections shall
27  begin efforts to implement this section on its effective date,
28  but shall fully implement this section by July 1, 2002. Until
29  this section has been fully implemented, the Department of
30  Corrections may allow probation officers to carry firearms in
31  accordance with the laws, administrative rules, or
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  1  departmental policies in existence at the time this section
  2  takes effect.
  3         Section 4.  The Department of Corrections shall submit
  4  to the Legislature an information technology plan by March 1,
  5  2001, identifying the current and future needs for computer
  6  equipment, software, and other equipment that can increase the
  7  efficiency of probation officers.
  8         Section 5.  Paragraph (b) of subsection (15) of section
  9  121.021, Florida Statutes, is amended to read:
10         121.021  Definitions.--The following words and phrases
11  as used in this chapter have the respective meanings set forth
12  unless a different meaning is plainly required by the context:
13         (15)
14         (b)  Effective October 1, 1978, "special risk member"
15  means a member of the Florida Retirement System who is
16  designated as a special risk member by the division in
17  accordance with s. 121.0515.  Such member must be employed as
18  a law enforcement officer, a firefighter, or a correctional
19  officer and must meet certain other special criteria as set
20  forth in s. 121.0515. Effective January 1, 2001, the term
21  "special risk member" also includes any member who is employed
22  as a correctional probation officer and meets the special
23  criteria set forth in s. 121.0515(2)(e).
24         Section 6.  Subsection (2) of section 121.0515, Florida
25  Statutes, is amended to read:
26         121.0515  Special risk membership; criteria;
27  designation and removal of classification; credits for past
28  service and prior service; retention of special risk normal
29  retirement date.--
30         (2)  CRITERIA.--A member, to be designated as a special
31  risk member, must meet the following criteria:
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  1         (a)  The member must be employed as a law enforcement
  2  officer and be certified, or required to be certified, in
  3  compliance with s. 943.1395; however, sheriffs and elected
  4  police chiefs shall be excluded from meeting the certification
  5  requirements of this paragraph.  In addition, the member's
  6  duties and responsibilities must include the pursuit,
  7  apprehension, and arrest of law violators or suspected law
  8  violators; or the member must be an active member of a bomb
  9  disposal unit whose primary responsibility is the location,
10  handling, and disposal of explosive devices; or the member
11  must be the supervisor or command officer of a member or
12  members who have such responsibilities. However,
13  administrative support personnel, including, but not limited
14  to, those whose primary duties and responsibilities are in
15  accounting, purchasing, legal, and personnel, shall not be
16  included;
17         (b)  The member must be employed as a firefighter and
18  be certified, or required to be certified, in compliance with
19  s. 633.35 and be employed solely within the fire department of
20  the employer or agency of state government.  In addition, the
21  member's duties and responsibilities must include on-the-scene
22  fighting of fires or direct supervision of firefighting units,
23  or the member must be the supervisor or command officer of a
24  member or members who have such responsibilities; provided,
25  however, administrative support personnel, including, but not
26  limited to, those whose primary duties and responsibilities
27  are in accounting, purchasing, legal, and personnel, shall not
28  be included;
29         (c)  The member must be employed as a correctional
30  officer and be certified, or required to be certified, in
31  compliance with s. 943.1395.  In addition, the member's
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  1  primary duties and responsibilities must be the custody, and
  2  physical restraint when necessary, of prisoners or inmates
  3  within a prison, jail, or other criminal detention facility,
  4  or while on work detail outside the facility, or while being
  5  transported; or the member must be the supervisor or command
  6  officer of a member or members who have such responsibilities;
  7  provided, however, administrative support personnel,
  8  including, but not limited to, those whose primary duties and
  9  responsibilities are in accounting, purchasing, legal, and
10  personnel, shall not be included; however, superintendents and
11  assistant superintendents shall participate in the Special
12  Risk Class; or
13         (d)  The member must be employed by a licensed Advance
14  Life Support (ALS) or Basic Life Support (BLS) employer as an
15  emergency medical technician or a paramedic and be certified
16  in compliance with s. 401.27.  In addition, the member's
17  primary duties and responsibilities must include on-the-scene
18  emergency medical care.  However, administrative support
19  personnel, including, but not limited to, those whose primary
20  responsibilities are in accounting, purchasing, legal, and
21  personnel, shall not be included; or.
22         (e)  The member must be employed as a correctional
23  probation officer and be certified, or required to be
24  certified, in compliance with s. 943.1395.  In addition, the
25  member's primary duties and responsibilities must be the
26  supervised custody, surveillance, control, investigation, and
27  counseling of assigned inmates, probationers, parolees, or
28  community controllees within institutions or the community; or
29  the member must be the supervisor of a member or members who
30  have such responsibilities. However, administrative support
31  personnel, including, but not limited to, those whose primary
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  1  duties and responsibilities are in accounting, purchasing,
  2  legal, and personnel, shall not be included; however,
  3  probation and parole circuit and deputy circuit administrators
  4  shall participate in the Special Risk Class.
  5         Section 7.  The Legislature finds that a proper and
  6  legitimate state purpose is served when employees and retirees
  7  of the state and of its political subdivisions, and the
  8  dependents, survivors, and beneficiaries of such employees and
  9  retirees, are extended the basic protections afforded by
10  governmental retirement systems that provide fair and adequate
11  benefits and that are managed, administered, and funded in an
12  actuarially sound manner, as required by Section 14 of Article
13  X of the State Constitution and part VII of chapter 112,
14  Florida Statutes. Therefore, the Legislature determines and
15  declares that the provisions of sections 5 through 7 of this
16  act fulfill an important state interest.
17         Section 8.  Subsection (11) of section 775.089, Florida
18  Statutes, is amended to read:
19         775.089  Restitution.--
20         (11)(a)  The court may order the clerk of the court to
21  collect and dispense restitution payments in any case.
22         (b)  The court may order the Department of Corrections
23  to collect and dispense restitution and other payments from
24  persons remanded to its custody or supervision. If the
25  Department of Corrections collects other payments from
26  offenders or inmates in addition to restitution payments, such
27  as cost-of-supervision, court costs, fines, or subsistence
28  payments, any moneys collected must be applied first toward
29  completely satisfying victim restitution before the payments
30  by the offender or inmate may be applied toward any other
31
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  1  financial obligation related to the offender's or inmate's
  2  crime, prosecution, or sentence.
  3         Section 9.  Subsections (10) and (11) of section
  4  948.01, Florida Statutes, are amended to read:
  5         948.01  When court may place defendant on probation or
  6  into community control.--
  7         (10)  An offender may not be placed on probation or in
  8  community control if:
  9         (a)  Convicted of or adjudication withheld for:
10         1.  Murder pursuant to s. 782.04;
11         2.  Attempted felony murder pursuant to s. 782.051(1)
12  or (2);
13         3.  Aggravated manslaughter pursuant to s. 782.07(2) or
14  (3);
15         4.  Vehicular homicide pursuant to s. 782.071(2) or s.
16  316.193(3)(c)3.;
17         5.  Vessel homicide pursuant to s. 782.072(2) or s.
18  327.35(3)(c)3.;
19         6.  Aggravated assault pursuant to s. 784.021;
20         7.  Aggravated battery pursuant to s. 784.045;
21         8.  Aggravated stalking pursuant to s. 784.048(3), (4),
22  or (5);
23         9.  Kidnapping pursuant to s. 787.01;
24         10.  False imprisonment of a child under the age of 13
25  pursuant to s. 787.02(3);
26         11.  Making, possessing, throwing, projecting, placing,
27  or discharging any destructive device, or threat to do so,
28  pursuant to s. 790.161(2), (3), or (4); s. 790.1615(2); s.
29  790.162; s. 790.163; or s. 790.164;
30         12.  Sexual battery or attempted sexual battery
31  pursuant to ch. 794;
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  1         13.  Lewd or lascivious offenses committed upon or in
  2  the presence of a child under 16 years of age;
  3         14.  Arson pursuant to s. 806.01 or s. 806.031;
  4         15.  Armed burglary or burglary with an assault or
  5  battery pursuant to s. 830.02(2) or (3);
  6         16.  Robbery or attempted robbery pursuant to s. 812.13
  7  or s. 812.131(2)(a);
  8         17.  Carjacking pursuant to s. 812.133;
  9         18.  Home-invasion robbery pursuant to s. 812.135;
10         19.  Aggravated child abuse pursuant to s. 827.03(2);
11  or
12         20.  Aircraft piracy pursuant to s. 860.16; a forcible
13  felony as defined in s. 776.08, and
14         (b)  Previously convicted of or adjudication withheld
15  for an offense listed in paragraph (a) a forcible felony as
16  defined in s. 776.08.
17
18  Nothing in this subsection prohibits placement of certain
19  inmates on community control pursuant to s. 947.1747. For the
20  purposes of this subsection, a forcible felony does not
21  include manslaughter or burglary.
22         (11)  The court may also impose a split sentence
23  whereby the defendant is sentenced to a term of probation
24  which may be followed by a period of incarceration or, with
25  respect to a felony, into community control, as follows:
26         (a)  If the offender meets the terms and conditions of
27  probation or community control, any term of incarceration may
28  be modified by court order to eliminate the term of
29  incarceration.
30         (b)  If the offender does not meet the terms and
31  conditions of probation or community control, the court may
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  1  revoke, modify, or continue the probation or community control
  2  as provided in s. 948.06. An offender on community control who
  3  has been found by the court to have committed a subsequent
  4  offense that is the same or substantially similar to the
  5  offense for which the offender was originally sentenced to
  6  community control may not be continued on community control,
  7  given a new sentence of community control or any form of
  8  probation, or released from supervision without the imposition
  9  of an incarcerative sentence, unless the offender has served
10  his or her statutory maximum sentence under s. 775.082 or as
11  otherwise authorized by law. For purposes of this section, a
12  time-served sentence does not constitute the imposition of an
13  incarcerative sentence. However, if the offender is under
14  supervision for an offense ranked as level 1 or level 2 under
15  the Criminal Punishment Code, the court may use its discretion
16  in sentencing the offender for a violation of his or her
17  community control. For purposes of this section, the term
18  "substantially similar offense" means any offense that is
19  proscribed within the same statutory chapter as the offense
20  for which the offender was originally sentenced to community
21  control, including those sections of chapter 777 applicable
22  thereto. If the probation or community control is revoked, the
23  court may impose any sentence that it could have imposed at
24  the time the offender was placed on probation or community
25  control. The court may not provide credit for time served for
26  any portion of a probation or community control term toward a
27  subsequent term of probation or community control. However,
28  the court may not impose a subsequent term of probation or
29  community control which, when combined with any amount of time
30  served on preceding terms of probation or community control
31  for offenses pending before the court for sentencing, would
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  1  exceed the maximum penalty allowable as provided in s.
  2  775.082. Such term of incarceration shall be served under
  3  applicable law or county ordinance governing service of
  4  sentences in state or county jurisdiction. This paragraph does
  5  not prohibit any other sanction provided by law.
  6         Section 10.  Subsections (1), (2), (3), and (5) of
  7  section 948.03, Florida Statutes, are amended to read:
  8         948.03  Terms and conditions of probation or community
  9  control.--
10         (1)  The court shall determine the terms and conditions
11  of probation or community control.  Conditions specified in
12  paragraphs (a) through and including (n) (m) do not require
13  oral pronouncement at the time of sentencing and may be
14  considered standard conditions of probation. Conditions
15  specified in paragraphs (a) through and including (n) (m) and
16  (2)(a) do not require oral pronouncement at sentencing and may
17  be considered standard conditions of community control.  These
18  conditions may include among them the following, that the
19  probationer or offender in community control shall:
20         (a)  Report to the probation officers and parole
21  supervisors as directed.
22         (b)  Permit such probation officers supervisors to
23  visit him or her at his or her home or elsewhere.
24         (c)  Work faithfully at suitable employment insofar as
25  may be possible.
26         (d)  Remain within a specified place.
27         (e)  Make reparation or restitution to the aggrieved
28  party for the damage or loss caused by his or her offense in
29  an amount to be determined by the court.  The court shall make
30  such reparation or restitution a condition of probation,
31  unless it determines that clear and compelling reasons exist
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  1  to the contrary. If the court does not order restitution, or
  2  orders restitution of only a portion of the damages, as
  3  provided in s. 775.089, it shall state on the record in detail
  4  the reasons therefor.
  5         (f)  Effective July 1, 1994, and applicable for
  6  offenses committed on or after that date, make payment of the
  7  debt due and owing to a county or municipal detention facility
  8  under s. 951.032 for medical care, treatment, hospitalization,
  9  or transportation received by the felony probationer while in
10  that detention facility. The court, in determining whether to
11  order such repayment and the amount of such repayment, shall
12  consider the amount of the debt, whether there was any fault
13  of the institution for the medical expenses incurred, the
14  financial resources of the felony probationer, the present and
15  potential future financial needs and earning ability of the
16  probationer, and dependents, and other appropriate factors.
17         (g)  Support his or her legal dependents to the best of
18  his or her ability.
19         (h)  Make payment of the debt due and owing to the
20  state under s. 960.17, subject to modification based on change
21  of circumstances.
22         (i)  Pay any application fee assessed under s.
23  27.52(1)(c) and attorney's fees and costs assessed under s.
24  938.29, subject to modification based on change of
25  circumstances.
26         (j)  Not associate with persons engaged in criminal
27  activities or violate any law.
28         (k)1.  Submit to random testing as directed by the
29  correctional probation officer or the professional staff of
30  the treatment center where he or she is receiving treatment to
31  determine the presence or use of alcohol or controlled
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  1  substances. The offender shall pay the costs for drug testing,
  2  unless the offender meets any of the criteria set forth in s.
  3  948.09(3).
  4         2.  If the offense was a controlled substance violation
  5  and the period of probation immediately follows a period of
  6  incarceration in the state correction system, the conditions
  7  shall include a requirement that the offender submit to random
  8  substance abuse testing intermittently throughout the term of
  9  supervision, upon the direction of the correctional probation
10  officer as defined in s. 943.10(3).
11         (l)  Be prohibited from possessing, carrying, or owning
12  any firearm unless authorized by the court and consented to by
13  the probation officer.
14         (m)  Be prohibited from using intoxicants to excess or
15  possessing any drugs or narcotics unless prescribed by a
16  physician. The probationer or community controllee shall not
17  knowingly visit places where intoxicants, drugs, or other
18  dangerous substances are unlawfully sold, dispensed, or used.
19         (n)  Promptly submit to the taking of a digitized
20  photograph at the request of a probation officer.
21         (o)(n)  Attend an HIV/AIDS awareness program consisting
22  of a class of not less than 2 hours or more than 4 hours in
23  length, the cost for which shall be paid by the offender, if
24  such a program is available in the county of the offender's
25  residence.
26         (p)(o)  Pay not more than $1 per month during the term
27  of probation or community control to a nonprofit organization
28  established for the sole purpose of supplementing the
29  rehabilitative efforts of the Department of Corrections.
30
31
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  1         (2)(a)  The court shall require intensive supervision
  2  and surveillance for an offender placed into community
  3  control, which may include but is not limited to:
  4         1.  Specified contact with the parole and probation
  5  officer.
  6         2.  Confinement to an agreed-upon residence during
  7  hours away from employment and public service activities.
  8         3.  Mandatory public service.
  9         4.  Supervision by the Department of Corrections by
10  means of an electronic monitoring device or system.
11         (b)  For an offender placed on criminal quarantine
12  community control, the court shall require:
13         1.  Electronic monitoring 24 hours per day.
14         2.  Confinement to a designated residence during
15  designated hours.
16         (3)(a)1.  The Department of Corrections may, At the
17  direction of the sentencing court, the Department of
18  Corrections shall its discretion, electronically monitor an
19  offender sentenced to community control.
20         2.  The Department of Corrections shall electronically
21  monitor an offender sentenced to criminal quarantine community
22  control 24 hours per day.
23         (b)  Any offender placed on community control who
24  violates the terms and conditions of community control and is
25  restored to community control may be supervised by means of an
26  electronic monitoring device or system.
27         (c)  For those offenders being electronically
28  monitored, the Department of Corrections shall develop
29  procedures to determine, investigate, and report the
30  offender's noncompliance with the terms and conditions of
31
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  1  sentence 24 hours per day.  All reports of noncompliance shall
  2  be immediately investigated by a community control officer.
  3         (d)  The Department of Corrections may contract with
  4  local law enforcement agencies to assist in the location and
  5  apprehension of offenders who are in noncompliance as reported
  6  by the electronic monitoring system. This contract is intended
  7  to provide the department a means for providing immediate
  8  investigation of noncompliance reports, especially after
  9  normal office hours.
10         (5)  Conditions imposed pursuant to this subsection, as
11  specified in paragraphs (a) and (b), do not require oral
12  pronouncement at the time of sentencing and shall be
13  considered standard conditions of probation or community
14  control for offenders specified in this subsection.
15         (a)  Effective for probationers or community
16  controllees whose crime was committed on or after October 1,
17  1995, and who are placed under supervision for violation of
18  chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court
19  must impose the following conditions in addition to all other
20  standard and special conditions imposed:
21         1.  A mandatory curfew from 10 p.m. to 6 a.m. The court
22  may designate another 8-hour period if the offender's
23  employment precludes the above specified time, and such
24  alternative is recommended by the Department of Corrections.
25  If the court determines that imposing a curfew would endanger
26  the victim or any potential victim, the court may consider
27  alternative sanctions.
28         2.  If the victim was under the age of 18, a
29  prohibition on living within 1,000 feet of a school, day care
30  center, park, playground, or other place where children
31  regularly congregate, as prescribed by the court.
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  1         3.  Active participation in and successful completion
  2  of a sex offender treatment program with therapists
  3  specifically trained to treat sex offenders, at the
  4  probationer's or community controllee's own expense. If a
  5  specially trained therapist is not available within a 50-mile
  6  radius of the probationer's or community controllee's
  7  residence, the offender shall participate in other appropriate
  8  therapy.
  9         4.  A prohibition on any contact with the victim,
10  directly or indirectly, including through a third person,
11  unless approved by the victim, the offender's therapist, and
12  the sentencing court.
13         5.  If the victim was under the age of 18, a
14  prohibition, until successful completion of a sex offender
15  treatment program, on unsupervised contact with a child under
16  the age of 18, unless authorized by the sentencing court
17  without another adult present who is responsible for the
18  child's welfare, has been advised of the crime, and is
19  approved by the sentencing court.
20         6.  If the victim was under age 18, a prohibition on
21  working for pay or as a volunteer at any school, day care
22  center, park, playground, or other place where children
23  regularly congregate.
24         7.  Unless otherwise indicated in the treatment plan
25  provided by the sexual offender treatment program, a
26  prohibition on viewing, owning, or possessing any obscene,
27  pornographic, or sexually stimulating visual or auditory
28  material, including telephone, electronic media, computer
29  programs, or computer services that are relevant to the
30  offender's deviant behavior pattern.
31
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  1         8.  A requirement that the probationer or community
  2  controllee must submit two specimens of blood to the Florida
  3  Department of Law Enforcement to be registered with the DNA
  4  data bank.
  5         9.  A requirement that the probationer or community
  6  controllee make restitution to the victim, as ordered by the
  7  court under s. 775.089, for all necessary medical and related
  8  professional services relating to physical, psychiatric, and
  9  psychological care.
10         10.  Submission to a warrantless search by the
11  community control or probation officer of the probationer's or
12  community controllee's person, residence, or vehicle.
13         (b)  Effective for a probationer or community
14  controllee whose crime was committed on or after October 1,
15  1997, and who is placed on sex offender probation or sex
16  offender community control for a violation of chapter 794, s.
17  800.04, s. 827.071, or s. 847.0145, in addition to any other
18  provision of this subsection, the court must impose the
19  following conditions of probation or community control:
20         1.  As part of a treatment program, participation at
21  least annually in polygraph examinations by polygraphers who
22  are specifically trained to polygraph sex offenders to obtain
23  information necessary for risk management and treatment and to
24  reduce the sex offender's denial mechanisms. A polygraph
25  examination must be conducted by a polygrapher trained
26  specifically in the use of the polygraph for the monitoring of
27  sex offenders, where available, and shall be paid by the sex
28  offender. The results of the polygraph examination shall not
29  be used as evidence in court to prove that a violation of
30  probation or community control community supervision has
31  occurred.
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  1         2.  Maintenance of a driving log and a prohibition
  2  against driving a motor vehicle alone without the prior
  3  approval of the supervising officer.
  4         3.  A prohibition against obtaining or using a post
  5  office box without the prior approval of the supervising
  6  officer.
  7         4.  If there was sexual contact, a submission to, at
  8  the probationer's or community controllee's expense, an HIV
  9  test with the results to be released to the victim and/or the
10  victim's parent or guardian.
11         5.  Electronic monitoring when deemed necessary by the
12  community control or probation officer and his or her
13  supervisor, and ordered by the court at the recommendation of
14  the Department of Corrections.
15         Section 11.  Section 948.032, Florida Statutes, is
16  amended to read:
17         948.032  Condition of probation or community control;
18  restitution.--If a defendant is placed on probation or
19  community control, any restitution ordered under s. 775.089
20  shall be a condition of the probation or community control.
21  The court may revoke probation or community control if the
22  defendant fails to comply with the order.  In determining
23  whether to revoke probation or community control, the court
24  shall consider the defendant's employment status, earning
25  ability, and financial resources; the willfulness of the
26  defendant's failure to pay; and any other special
27  circumstances that may have a bearing on the defendant's
28  ability to pay.
29         Section 12.  Section 948.04, Florida Statutes, is
30  amended to read:
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  1         948.04  Period of probation; duty of probationer or
  2  offender on community control; early termination.--
  3         (1)  Defendants found guilty of felonies who are placed
  4  on probation shall be under supervision not to exceed 2 years
  5  unless otherwise specified by the court.  No defendant placed
  6  on probation pursuant to s. 948.01(6) or s. 948.034 is subject
  7  to the probation limitations of this subsection.  A defendant
  8  who is placed on probation or community control for a
  9  violation of chapter 794 or chapter 827 is subject to the
10  maximum level of supervision provided by the supervising
11  agency or as otherwise directed by the sentencing court
12  pursuant to s. 948.03, and that supervision shall continue
13  through the full term of the court-imposed probation or
14  community control.
15         (2)  Upon the termination of the period of probation,
16  the probationer shall be released from probation and is not
17  liable to sentence for the offense for which probation was
18  allowed. During the period of probation or community control,
19  the probationer or offender on community control shall perform
20  the terms and conditions of his or her probation or community
21  control.
22         (3)  If a the probationer has performed satisfactorily,
23  has not been found in violation of any terms or conditions of
24  supervision, and has met all financial sanctions imposed by
25  the court, including, but not limited to, fines, court costs,
26  and restitution, the Department of Corrections may recommend
27  early termination of probation to the court at any time before
28  the scheduled termination date.
29         Section 13.  Subsections (1) and (4) of section 948.06,
30  Florida Statutes, are amended to read:
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  1         948.06  Violation of probation or community control;
  2  revocation; modification; continuance; failure to pay
  3  restitution or cost of supervision.--
  4         (1)  Whenever within the period of probation or
  5  community control there are reasonable grounds to believe that
  6  a probationer or offender in community control has violated
  7  his or her probation or community control in a material
  8  respect, any law enforcement officer who is aware of the
  9  probationary or community control status of the probationer or
10  offender in community control or any parole or probation
11  officer supervisor may arrest or request any county or
12  municipal law enforcement officer to arrest such probationer
13  or offender without warrant wherever found and forthwith
14  return him or her to the court granting such probation or
15  community control. Any committing magistrate may issue a
16  warrant, upon the facts being made known to him or her by
17  affidavit of one having knowledge of such facts, for the
18  arrest of the probationer or offender, returnable forthwith
19  before the court granting such probation or community control.
20  Any parole or probation officer supervisor, any officer
21  authorized to serve criminal process, or any peace officer of
22  this state is authorized to serve and execute such warrant.
23  The court, upon the probationer or offender being brought
24  before it, shall advise him or her of such charge of violation
25  and, if such charge is admitted to be true, may forthwith
26  revoke, modify, or continue the probation or community control
27  or place the probationer into a community control program. If
28  probation or community control is revoked, the court shall
29  adjudge the probationer or offender guilty of the offense
30  charged and proven or admitted, unless he or she has
31  previously been adjudged guilty, and impose any sentence which
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  1  it might have originally imposed before placing the
  2  probationer on probation or the offender into community
  3  control. If such violation of probation or community control
  4  is not admitted by the probationer or offender, the court may
  5  commit him or her or release him or her with or without bail
  6  to await further hearing, or it may dismiss the charge of
  7  probation or community control violation. If such charge is
  8  not at that time admitted by the probationer or offender and
  9  if it is not dismissed, the court, as soon as may be
10  practicable, shall give the probationer or offender an
11  opportunity to be fully heard on his or her behalf in person
12  or by counsel. After such hearing, the court may revoke,
13  modify, or continue the probation or community control or
14  place the probationer into community control. An offender on
15  community control who has been found by the court to have
16  committed a subsequent offense that is the same or
17  substantially similar to the offense or offenses for which the
18  offender was originally sentenced to community control may not
19  be continued on community control, given a new sentence of
20  community control or any form of probation, or be released
21  from supervision without the imposition of an incarcerative
22  sentence, unless the offender has served his or her statutory
23  maximum sentence under s. 775.082 or as otherwise authorized
24  by law. For purposes of this section, a time-served sentence
25  does not constitute the imposition of an incarcerative
26  sentence. However, if the offender is under supervision for an
27  offense ranked as level 1 or level 2 under the Criminal
28  Punishment Code, the court may use its discretion in
29  sentencing the offender for a violation of his or her
30  community control. For purposes of this section, the term
31  "substantially similar offense" means any offense that is
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  1  proscribed within the same statutory chapter as the offense
  2  for which the offender was originally sentenced to community
  3  control, including those sections of chapter 777 applicable
  4  thereto. If such probation or community control is revoked,
  5  the court shall adjudge the probationer or offender guilty of
  6  the offense charged and proven or admitted, unless he or she
  7  has previously been adjudged guilty, and impose any sentence
  8  which it might have originally imposed before placing the
  9  probationer or offender on probation or into community
10  control.
11         (4)  Notwithstanding any other provision of this
12  section, a probationer or an offender in community control who
13  is arrested for violating his or her probation or community
14  control in a material respect may be taken before the court in
15  the county or circuit in which the probationer or offender was
16  arrested. That court shall advise him or her of such charge of
17  a violation and, if such charge is admitted, shall cause him
18  or her to be brought before the court which granted the
19  probation or community control. If such violation is not
20  admitted by the probationer or offender, the court may commit
21  him or her or release him or her with or without bail to await
22  further hearing. The court, as soon as is practicable, shall
23  give the probationer or offender an opportunity to be fully
24  heard on his or her behalf in person or by counsel. After such
25  hearing, the court shall make findings of fact and forward the
26  findings to the court which granted the probation or community
27  control and to the probationer or offender or his or her
28  attorney. The findings of fact by the hearing court are
29  binding on the court which granted the probation or community
30  control.  Upon the probationer or offender being brought
31  before it, the court which granted the probation or community
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  1  control may revoke, modify, or continue the probation or
  2  community control or may place the probationer into community
  3  control as provided in this section. A court may not place an
  4  offender on a lesser form of supervision through a
  5  modification or imposition of a new sentence after a
  6  revocation if it finds an offender has violated his or her
  7  community supervision in any material respect. In addition, a
  8  court may not terminate an offender's community supervision as
  9  a result of an offender's violation without imposing a further
10  penalty, unless the person has served his or her statutory
11  maximum sentence under s. 775.082 or as otherwise authorized
12  by law. For purposes of this section, a time-served sentence
13  does not constitute a further penalty.
14         Section 14.  Section 948.11, Florida Statutes, is
15  amended to read:
16         948.11  Electronic monitoring devices.--
17         (1)  Pursuant to chapter 287, the department shall
18  issue a request for proposal for electronic monitoring devices
19  to be utilized by the department for purposes of electronic
20  monitoring under this section or any other section of law
21  which authorizes electronic monitoring. Electronic monitoring
22  devices certified for use by the department must be licensed
23  by the FCC, must be capable of maintaining full operation on a
24  backup power source for 8 hours, and must meet such other
25  necessary and vital specifications as may be set by the
26  department for tamper-alert, efficient, and economical usage.
27  The provisions of this section do not apply to passive
28  devices.
29         (2)  The Department of Corrections must maintain the
30  capability to electronically monitor offenders through
31  radio-frequency devices and global-positioning-system devices
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  1  as funding is provided by the Legislature. Options for
  2  electronic monitoring of offenders should be maintained for
  3  use by sentencing courts to maximize public safety and to make
  4  the appropriate monitoring of offenders as cost efficient as
  5  possible.
  6         Section 15.  This act shall take effect October 1,
  7  2000, except that this section and section 3 of this act shall
  8  take effect upon becoming a law and sections 5 through 7 of
  9  this act shall take effect January 1, 2001.
10
11            *****************************************
12                          SENATE SUMMARY
13    Requires that the Department of Corrections make
      information on offenders who are under community
14    supervision available to the public and to update such
      information. Includes correctional probation officers in
15    the Special Risk Class of the Florida Retirement System
      if they meet prescribed criteria. Includes probation and
16    parole regional administrators in the Special Risk Class.
      Requires that payments collected from offenders be
17    applied toward victim restitution before such payments
      are used to satisfy other financial obligations of the
18    offender. Provides that an offender who is convicted of
      or has adjudication withheld for specified offenses may
19    not be placed on probation or community control.
      Prohibits the court from continuing community control or
20    probation for an offender whom the court finds has
      committed an offense that is the same or similar to the
21    original offense. Requires that restitution be a
      condition of community control. Requires that the
22    Department of Corrections electronically monitor
      offenders on community control. (See bill for details.)
23
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27
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29
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