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| 1 | A bill to be entitled | ||
| 2 | An act relating to community control; providing a popular | ||
| 3 | name; amending s. 948.10, F.S.; requiring that the | ||
| 4 | Department of Corrections notify the supervising probation | ||
| 5 | officer if the court places an offender on community | ||
| 6 | control who is ineligible for such placement; requiring | ||
| 7 | that the department seek modification of the offender's | ||
| 8 | sentence if possible; requiring that the department notify | ||
| 9 | the sentencing judge; requiring that the department report | ||
| 10 | to the chief judge of each circuit, the state attorneys, | ||
| 11 | and the Supreme Court on the placement of ineligible | ||
| 12 | offenders on community control; providing an effective | ||
| 13 | date. | ||
| 14 | |||
| 15 | Be It Enacted by the Legislature of the State of Florida: | ||
| 16 | |||
| 17 | Section 1. This act shall be known by the popular name the | ||
| 18 | "Senator Howard Futch Act." | ||
| 19 | Section 2. Subsection (7) is added to section 948.10, | ||
| 20 | Florida Statutes, to read: | ||
| 21 | 948.10 Community control programs.-- | ||
| 22 | (7) If an offender is sentenced to community control by | ||
| 23 | the court as part of a plea agreement and the offender is | ||
| 24 | ineligible to be placed on community control as provided in s. | ||
| 25 | 948.01(10), the department shall: | ||
| 26 | (a) Immediately notify the correctional probation officer | ||
| 27 | assigned to supervise that offender of the offender's status and | ||
| 28 | direct that the officer monitor the offender carefully. If | ||
| 29 | possible, the department shall seek a modification of the | ||
| 30 | offender's sentence which provides for greater surveillance, | ||
| 31 | monitoring, or confinement. | ||
| 32 | (b) Notify the sentencing judge within 30 days after | ||
| 33 | imposition of the sentence that the offender was ineligible for | ||
| 34 | placement on community control. | ||
| 35 | (c) Report each quarter to the chief judge and the state | ||
| 36 | attorney of each circuit the placement of any ineligible | ||
| 37 | offender on community control within that circuit. | ||
| 38 | (d) Provide an annual report to the Chief Justice of the | ||
| 39 | Supreme Court on the placement of ineligible offenders on | ||
| 40 | community control in order to assist the Supreme Court in | ||
| 41 | preparing judicial education programs. | ||
| 42 | Section 3. This act shall take effect July 1, 2003. | ||