Senate Bill sb0888e1
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CS for SB 888 First Engrossed (ntc)
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 tolling the period of probation
5 or community control for an offender following
6 the filing of an affidavit alleging a violation
7 of probation or community control and issuance
8 of a warrant; providing for a previously
9 imposed period of probation or community
10 control to be reinstated following dismissal of
11 the affidavit; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsection (1) of section 948.06, Florida
16 Statutes, is amended to read:
17 948.06 Violation of probation or community control;
18 revocation; modification; continuance; failure to pay
19 restitution or cost of supervision.--
20 (1) Whenever within the period of probation or
21 community control there are reasonable grounds to believe that
22 a probationer or offender in community control has violated
23 his or her probation or community control in a material
24 respect, any law enforcement officer who is aware of the
25 probationary or community control status of the probationer or
26 offender in community control or any parole or probation
27 supervisor may arrest or request any county or municipal law
28 enforcement officer to arrest such probationer or offender
29 without warrant wherever found and forthwith return him or her
30 to the court granting such probation or community control. Any
31 committing magistrate may issue a warrant, upon the facts
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CS for SB 888 First Engrossed (ntc)
1 being made known to him or her by affidavit of one having
2 knowledge of such facts, for the arrest of the probationer or
3 offender, returnable forthwith before the court granting such
4 probation or community control. Any parole or probation
5 supervisor, any officer authorized to serve criminal process,
6 or any peace officer of this state is authorized to serve and
7 execute such warrant. Upon the filing of an affidavit alleging
8 a violation of probation or community control and following
9 issuance of a warrant under s. 901.02, the probationary period
10 is tolled until the court enters a ruling on the violation.
11 Notwithstanding the tolling of probation as provided in this
12 subsection, the court shall retain jurisdiction over the
13 offender for any violation of the conditions of probation or
14 community control that is alleged to have occurred during the
15 tolling period. The probation officer is permitted to continue
16 to supervise any offender who remains available to the officer
17 for supervision until the supervision expires pursuant to the
18 order of probation or community control or until the court
19 revokes or terminates the probation or community control,
20 whichever comes first. The court, upon the probationer or
21 offender being brought before it, shall advise him or her of
22 such charge of violation and, if such charge is admitted to be
23 true, may forthwith revoke, modify, or continue the probation
24 or community control or place the probationer into a community
25 control program. If probation or community control is revoked,
26 the court shall adjudge the probationer or offender guilty of
27 the offense charged and proven or admitted, unless he or she
28 has previously been adjudged guilty, and impose any sentence
29 which it might have originally imposed before placing the
30 probationer on probation or the offender into community
31 control. If such violation of probation or community control
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CS for SB 888 First Engrossed (ntc)
1 is not admitted by the probationer or offender, the court may
2 commit him or her or release him or her with or without bail
3 to await further hearing, or it may dismiss the charge of
4 probation or community control violation. If such charge is
5 not at that time admitted by the probationer or offender and
6 if it is not dismissed, the court, as soon as may be
7 practicable, shall give the probationer or offender an
8 opportunity to be fully heard on his or her behalf in person
9 or by counsel. After such hearing, the court may revoke,
10 modify, or continue the probation or community control or
11 place the probationer into community control. If such
12 probation or community control is revoked, the court shall
13 adjudge the probationer or offender guilty of the offense
14 charged and proven or admitted, unless he or she has
15 previously been adjudged guilty, and impose any sentence which
16 it might have originally imposed before placing the
17 probationer or offender on probation or into community
18 control. Notwithstanding s. 775.082, when a period of
19 probation or community control has been tolled, upon
20 revocation or modification of the probation or community
21 control, the court may impose a sanction with a term that when
22 combined with the amount of supervision served and tolled,
23 exceeds the term permissible pursuant to s. 775.082 for a term
24 up to the amount of the tolled period supervision. If the
25 court dismisses an affidavit alleging a violation of probation
26 or community control, the offender's probation or community
27 control shall continue as previously imposed, and the offender
28 shall receive credit for all tolled time against his or her
29 term of probation or community control.
30 Section 2. This act shall take effect July 1, 2001.
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