Senate Bill sb0428er

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  2         An act relating to community control; providing

  3         a short title; amending s. 921.187, F.S.;

  4         incorporating the restrictions provided in s.

  5         948.01(10), F.S., regarding placement of

  6         certain offenders on community control;

  7         amending s. 948.10, F.S.; requiring that the

  8         Department of Corrections review and verify

  9         whether an ineligible offender is placed on

10         community control and notify the sentencing

11         judge, the state attorney, and the Attorney

12         General; requiring that the department report

13         on ineligible placements to the chief judge and

14         the state attorney; requiring the department

15         provide a annual report to the Governor, the

16         Legislature, and the Supreme Court on the

17         placement of ineligible offenders on community

18         control; requiring the department to develop

19         and implement a supervision risk assessment

20         instrument; providing requirements for

21         department's annual report; requiring that the

22         department study the use of electronic

23         monitoring of offenders placed on community

24         control; requiring a report to the Governor and

25         the Legislature; providing an effective date.

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

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29         Section 1.  This act may be cited as the "Howard E.

30  Futch Community Safety Act."

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 1         Section 2.  Present subsections (2) and (3) of section

 2  921.187, Florida Statutes, are redesignated as subsections (3)

 3  and (4), respectively, and a new subsection (2) is added to

 4  that section to read:

 5         921.187  Disposition and sentencing; alternatives;

 6  restitution.--

 7         (2)  An offender may not be placed in community control

 8  if:

 9         (a)  Convicted of or adjudication is withheld for a

10  forcible felony as defined in s. 776.08; and

11         (b)  Previously convicted of or adjudication was

12  withheld for a forcible felony as defined in s. 776.08.

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14  Nothing in this subsection prohibits placement of certain

15  inmates on community control pursuant to s. 947.1747. For

16  purposes of this subsection, a forcible felony does not

17  include manslaughter or burglary.

18         Section 3.  Subsections (7), (8), and (9) are added to

19  section 948.10, Florida Statutes, to read:

20         948.10  Community control programs.--

21         (7)  If an offender is sentenced to community control

22  by the court and the offender is ineligible to be placed on

23  community control as provided in s. 948.01(10), the department

24  shall:

25         (a)  Review and verify whether an ineligible offender

26  was placed on community control.

27         (b)  Within 30 days after receipt of the order, notify

28  the sentencing judge, the state attorney, and the Attorney

29  General that the offender was ineligible for placement on

30  community control.

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 1         (c)  Provide a quarterly report to the chief judge and

 2  the state attorney of each circuit citing the number of

 3  ineligible offenders placed on community control within that

 4  circuit.

 5         (d)  Provide an annual report to the Governor, the

 6  President of the Senate, the Speaker of the House of

 7  Representatives, and the Chief Justice of the Supreme Court on

 8  the placement of ineligible offenders on community control in

 9  order to assist in preparing judicial education programs or

10  for any other purpose.

11         (8)  The Department of Corrections shall:

12         (a)  Develop and maintain a weighted statewide caseload

13  equalization strategy designed to ensure that high-risk

14  offenders receive the highest level of supervision; and

15         (b)  Develop and implement a supervision risk

16  assessment instrument for the community control population

17  which is similar to the probation risk assessment instrument

18  established by the National Institute of Justice.

19         (9)  In its annual report to the Governor, the

20  President of the Senate, and the Speaker of the House of

21  Representatives under s. 20.315(5), the department shall

22  include a detailed analysis of the community control program

23  and the department's specific efforts to protect the public

24  from offenders placed on community control. The analysis must

25  include, but need not be limited to, specific information on

26  the department's ability to meet minimum officer-to-offender

27  contact standards, the number of crimes committed by offenders

28  on community control, and the level of community supervision

29  provided.

30         Section 4.  The Department of Corrections shall:

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 1         (1)  Study the use of electronic monitoring and its

 2  effectiveness on the community control population. For

 3  purposes of the study, and notwithstanding section 948.10(2),

 4  Florida Statutes, from July 1, 2003, until February 1, 2004,

 5  the department may adjust the maximum community control

 6  caseloads when electronic monitoring is used.

 7         (2)  Report its findings to the Governor, the President

 8  of the Senate, and the Speaker of the House of Representatives

 9  by February 1, 2004.

10         Section 5.  This act shall take effect July 1, 2003.

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