House Bill hb0569

    Florida House of Representatives - 2001                 HB 569

        By Representatives Garcia and Rubio






  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.

13

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

15

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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    Florida House of Representatives - 2001                 HB 569

    800-101-01






  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 proven

12  and the offender's probation or community control is revoked,

13  modified, or continued. The court, upon the probationer or

14  offender being brought before it, shall advise him or her of

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

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

17  or community control or place the probationer into a community

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

19  the court shall adjudge the probationer or offender guilty of

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

21  has previously been adjudged guilty, and impose any sentence

22  which it might have originally imposed before placing the

23  probationer on probation or the offender into community

24  control. If such violation of probation or community control

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

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

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

28  probation or community control violation. If such charge is

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

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

31  practicable, shall give the probationer or offender an

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    Florida House of Representatives - 2001                 HB 569

    800-101-01






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

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

  3  modify, or continue the probation or community control or

  4  place the probationer into community control. If such

  5  probation or community control is revoked, the court shall

  6  adjudge the probationer or offender guilty of the offense

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

  8  previously been adjudged guilty, and impose any sentence which

  9  it might have originally imposed before placing the

10  probationer or offender on probation or into community

11  control. If, after a hearing, the court dismisses an affidavit

12  alleging a violation of probation or community control, the

13  offender's probation or community control shall continue as

14  previously imposed, notwithstanding any period the probation

15  or community control was tolled.

16         Section 2.  This act shall take effect July 1, 2001.

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19                          HOUSE SUMMARY

20
      Provides that if an affidavit is filed alleging an
21    offender violated his or her probation or community
      control, and a warrant is issued pursuant to s.
22    901.02(1), F.S., the probationary period is tolled until
      the court revokes, modifies, or continues the offender's
23    probation or community control. Provides for the
      probationary period to be reinstated if the court
24    dismisses the affidavit alleging the violation.

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