HB 1273 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to community control; providing a popular
13	name; amending s. 921.187, F.S.; incorporating the
14	restrictions provided in s. 948.01(10), F.S., regarding
15	placement of certain offenders on community control;
16	amending s. 948.10, F.S.; requiring that the Department of
17	Corrections review and verify whether an ineligible
18	offender is placed on community control and notify the
19	sentencing judge, the state attorney, and the Attorney
20	General; requiring that the department report on
21	ineligible placements to the chief judge and the state
22	attorneys; requiring that the department provide an annual
23	report to the Governor, the Legislature, and the Supreme
24	Court on the placement of ineligible offenders on
25	community control; requiring the department to develop and
26	maintain a weighted statewide caseload equalization
27	strategy; requiring the department to develop and
28	implement a supervision risk assessment instrument;
29	providing requirements for the department's annual report;
30	requiring that the department study the use of electronic
31	monitoring of offenders placed on community control;
32	requiring a report to the Governor and the Legislature;
33	providing an effective date.
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35	Be It Enacted by the Legislature of the State of Florida:
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37	Section 1. This act shall be known by the popular name and
38	may be cited as the "Senator Howard E. Futch Community Safety
39	Act."
40	Section 2. Subsections (2) and (3) of section 921.187,
41	Florida Statutes, are renumbered as subsections (3) and (4),
42	respectively, and a new subsection (2) is added to said section
43	to read:
44	921.187 Disposition and sentencing; alternatives;
45	restitution.--
46	(2) An offender may not be placed in community control if:
47	(a) Convicted of or adjudication is withheld for a
48	forcible felony as defined in s. 776.08; and
49	(b) Previously convicted of or adjudication was withheld
50	for a forcible felony as defined in s. 776.08.
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52	Nothing in this subsection prohibits placement of certain
53	inmates on community control pursuant to s. 947.1747. For
54	purposes of this subsection, a forcible felony does not include
55	manslaughter or burglary.
56	Section 3. Subsection (7), (8), and (9) are added to
57	section 948.10, Florida Statutes, to read:
58	948.10 Community control programs.--
59	(7) If an offender is sentenced to community control by
60	the court and the offender is ineligible to be placed on
61	community control as provided in s. 948.01(10), the department
62	shall:
63	(a) Review and verify whether an ineligible offender was
64	placed on community control.
65	(b) Within 30 days after receipt of the order, notify the
66	sentencing judge, the state attorney, and the Attorney General
67	that the offender was ineligible for placement on community
68	control.
69	(c) Provide a quarterly report to the chief judge and the
70	state attorney of each circuit citing the number of ineligible
71	offenders placed on community control within that circuit.
72	(d) Provide an annual report to the Governor, the
73	President of the Senate, the Speaker of the House of
74	Representatives, and the Chief Justice of the Supreme Court on
75	the placement of ineligible offenders on community control in
76	order to assist in preparing judicial education programs or for
77	any other purpose.
78	(8) The Department of Corrections shall:
79	(a) Develop and maintain a weighted statewide caseload
80	equalization strategy designed to ensure that high-risk
81	offenders receive the highest level of supervision.
82	(b) Develop and implement a supervision risk assessment
83	instrument for the community control population which is similar
84	to the probation risk assessment instrument established by the
85	National Institute of Justice.
86	(9) In its annual report to the Governor, the President of
87	the Senate, and the Speaker of the House of Representatives
88	under s. 20.315(5), the department shall include a detailed
89	analysis of the community control program and the department's
90	specific efforts to protect the public from offenders placed on
91	community control. The analysis must include, but need not be
92	limited to, specific information on the department's ability to
93	meet minimum officer-to-offender contact standards, the number
94	of crimes committed by offenders on community control, and the
95	level of community supervision provided.
96	Section 4. The Department of Corrections shall:
97	(1) Study the use of electronic monitoring and its
98	effectiveness on the community control population. For purposes
99	of the study, and notwithstanding s. 948.10(2), Florida
100	Statutes, from July 1, 2003, until February 1, 2004, the
101	department may adjust the maximum community control caseloads
102	when electronic monitoring is used.
103	(2) Report its findings to the Governor, the President of
104	the Senate, and the Speaker of the House of Representatives by
105	February 1, 2004.
106	Section 5. This act shall take effect July 1, 2003.