| 1 | Representative Baker offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (6) is added to section 648.387, |
| 6 | Florida Statutes, to read: |
| 7 | 648.387 Primary bail bond agents; duties.-- |
| 8 | (6)(a)1. A bail bond agent may contract with a vendor of |
| 9 | the bail bond agent's choice from among those vendors who |
| 10 | register with the clerk of the court to provide electronic |
| 11 | monitoring of any person who is released by the court in |
| 12 | accordance with chapter 903, subject to court-ordered conditions |
| 13 | requiring electronic monitoring. |
| 14 | 2. A vendor who provides electronic monitoring services |
| 15 | shall register with the clerk of the court in each judicial |
| 16 | circuit in which the vendor intends to provide such services. At |
| 17 | a minimum, the vendor shall provide the clerk with the name of |
| 18 | the vendor, the name of an individual employed by the vendor who |
| 19 | is to serve as a contact person for the vendor, the address of |
| 20 | the vendor, and the telephone number of the contact person. Each |
| 21 | clerk of the court may establish an appropriate fee for |
| 22 | registration, not to exceed $25. |
| 23 | (b) A bail bond agent may contract with government |
| 24 | entities to provide electronic monitoring services as a |
| 25 | condition of bail or bond, independent of bail or bond, or under |
| 26 | conditions ordered by the court. |
| 27 | (c) Bail bond agents are authorized to assess and collect |
| 28 | a reasonable, nonrefundable fee for electronic monitoring |
| 29 | services from the person who is subject to electronic |
| 30 | monitoring. Failure to make timely payment of such fees |
| 31 | constitutes grounds for the agent to remand such person to the |
| 32 | court or sheriff. Fees associated with required electronic |
| 33 | monitoring services are not considered part of the premium for |
| 34 | bail bond and shall be exempt from the provisions of s. 648.26. |
| 35 | (d)1. The contracted vendor providing the electronic |
| 36 | monitoring services shall furnish a transmitter that meets |
| 37 | certification standards approved by the Federal Communications |
| 38 | Commission unless otherwise specified by state law. For purposes |
| 39 | of providing electronic monitoring in accordance with this |
| 40 | section and s. 903.0472, each transmitter shall perform |
| 41 | according to the following specifications: |
| 42 | a. Operate within a signal range of no less than 65 feet |
| 43 | but no greater than 150 feet under normal household conditions. |
| 44 | b. Emit a signal at least once every 30 seconds. |
| 45 | c. Possess signal content that identifies the offender and |
| 46 | the offender's location. |
| 47 | d. Possess an internal power source that provides a |
| 48 | minimum of 1 year of normal operation without need for |
| 49 | recharging or replacing the power source, as well as signal |
| 50 | content that indicates the power status of the transmitter and |
| 51 | provides the vendor with notification of whether the power |
| 52 | source needs to be recharged or replaced. |
| 53 | e. Possess signal content that indicates whether the |
| 54 | transmitter has been subjected to tampering or removal. |
| 55 | f. Possess encrypted signal content or another feature |
| 56 | designed to discourage duplication. |
| 57 | g. Be of a design that is shock resistant, water and |
| 58 | moisture proof, and capable of reliable function under normal |
| 59 | atmospheric and environmental conditions. |
| 60 | h. Be capable of wear and use in a manner that does not |
| 61 | pose a safety hazard or unduly restrict the activities of the |
| 62 | defendant. |
| 63 |
|
| 64 | In addition, the transmitter must be capable of being attached |
| 65 | to the defendant in a manner that readily reveals any efforts to |
| 66 | tamper with or remove the transmitter upon visual inspection. |
| 67 | Straps or other mechanisms for attaching the transmitter to the |
| 68 | defendant must be either capable of being adjusted to fit a |
| 69 | defendant of any size or made available in a variety of sizes. |
| 70 | 2. The contracted vendor providing the electronic |
| 71 | monitoring services shall furnish the bail bondsman with a |
| 72 | monitoring unit that meets certification standards approved by |
| 73 | the Federal Communications Commission unless otherwise specified |
| 74 | by state law. The monitoring unit must be capable of receiving |
| 75 | radio-frequency signals from the transmitter worn by the |
| 76 | defendant and described in subparagraph 1. The monitoring unit |
| 77 | must transmit data concerning the defendant's monitoring status |
| 78 | to a central monitoring system facility. The monitoring unit |
| 79 | must include an internal memory capable of storing data in the |
| 80 | event that communication with the central monitoring system |
| 81 | facility is disrupted or in the event of a power failure. The |
| 82 | monitoring unit must be capable of transmitting data that is |
| 83 | stored by the unit in the event that communication with the |
| 84 | central monitoring system facility is disrupted as soon as |
| 85 | communication is restored. The monitoring unit must not pose any |
| 86 | safety hazard to the defendant or others and must be capable of |
| 87 | reliable function under normal environmental and atmospheric |
| 88 | conditions. |
| 89 | Section 2. Section 903.0472, Florida Statutes, is created |
| 90 | to read: |
| 91 | 903.0472 Electronic monitoring.-- |
| 92 | (1) The court may order the defendant to be released from |
| 93 | custody subject to conditions of electronic monitoring, if such |
| 94 | services are provided in its jurisdiction. The court may order |
| 95 | the defendant to pay a reasonable fee for such services as a |
| 96 | condition of pretrial release. The failure of the defendant to |
| 97 | make timely payment of such fees constitutes a violation of |
| 98 | pretrial release and grounds for the defendant to be remanded to |
| 99 | the court or appropriate sheriff. |
| 100 | (2) Any entity that provides electronic monitoring |
| 101 | services shall report forthwith any known violation of the |
| 102 | defendant's pretrial release conditions to the appropriate |
| 103 | court, sheriff, state attorney, and bail agent, if any. |
| 104 | (3) A defendant who has been released in accordance with |
| 105 | the provisions of this section shall not alter, tamper with, |
| 106 | damage, or destroy any electronic monitoring equipment. A person |
| 107 | who violates this subsection commits a felony of the third |
| 108 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 109 | 775.084. |
| 110 | (4) Nothing in this section shall be construed to limit |
| 111 | any other provision of this chapter. |
| 112 | Section 3. Section 903.0473, Florida Statutes, is created |
| 113 | to read: |
| 114 | 903.0473 Probation appearance bond.--As a condition of any |
| 115 | probation, community control, or any other court-ordered |
| 116 | community supervision authorized pursuant to chapter 948, the |
| 117 | court may order the posting of a bond to secure the appearance |
| 118 | of the defendant at any subsequent court proceeding. The |
| 119 | appearance bond shall be filed by a bail agent with the sheriff |
| 120 | who shall provide a copy to the clerk of court. Upon 72 hours |
| 121 | notice by the Clerk of Court, the bail agent shall produce the |
| 122 | person on probation, community control, or other court-ordered |
| 123 | community supervision to the court. The bail agent shall |
| 124 | surrender to the sheriff a person on probation, community |
| 125 | control or court-ordered community supervision upon notice by |
| 126 | the probation officer that the person has violated the terms of |
| 127 | probation, community control, or court-ordered community |
| 128 | supervision. If the bail agent fails to produce the defendant in |
| 129 | the court at the time noticed by the court or the clerk of |
| 130 | court, the bond shall be estreated and forfeited according to |
| 131 | the procedures set forth in this chapter and chapter 643. |
| 132 | Failure to appear shall be the sole grounds for forfeiture and |
| 133 | estreature of the appearance bond. Where not inconsistent with |
| 134 | this subsection, this chapter and chapter 648 shall regulate the |
| 135 | relationship between the bail agent and probationer. |
| 136 | Section 4. Paragraph (a) of subsection (1), paragraph (a) |
| 137 | of subsection (3), and subsection (5) of section 948.03, Florida |
| 138 | Statutes, are amended to read: |
| 139 | 948.03 Terms and conditions of probation or community |
| 140 | control.-- |
| 141 | (1) The court shall determine the terms and conditions of |
| 142 | probation or community control. Conditions specified in |
| 143 | paragraphs (a)-(m) do not require oral pronouncement at the time |
| 144 | of sentencing and may be considered standard conditions of |
| 145 | probation. Conditions specified in paragraphs (a)-(m) and (2)(a) |
| 146 | do not require oral pronouncement at sentencing and may be |
| 147 | considered standard conditions of community control. These |
| 148 | conditions may include among them the following, that the |
| 149 | probationer or offender in community control shall: |
| 150 | (a) Report to the probation officers and parole |
| 151 | supervisors as directed. The offender shall provide to the |
| 152 | probation officer a full, truthful, and complete oral or written |
| 153 | report each month. The report must include, but need not be |
| 154 | limited to, the offender's employment status, monthly earnings, |
| 155 | and financial ability. At the discretion of the department, the |
| 156 | reporting requirement may include electronic monitoring at the |
| 157 | expense of the offender. |
| 158 | (3)(a)1. The Department of Corrections may, at its |
| 159 | discretion, instruct an offender to submit to electronic |
| 160 | monitoring. In such cases, the electronic monitoring shall be |
| 161 | considered to be supervisory instructions implementing the |
| 162 | standard condition of supervision requiring the offender to |
| 163 | report to probation officers as directed. This subparagraph does |
| 164 | not limit the judge's discretion to order electronic monitoring |
| 165 | in appropriate cases electronically monitor an offender |
| 166 | sentenced to community control. |
| 167 | 2. The Department of Corrections shall electronically |
| 168 | monitor an offender sentenced to criminal quarantine community |
| 169 | control 24 hours per day. |
| 170 | (5) Conditions imposed pursuant to this subsection, as |
| 171 | specified in paragraphs (a), and (b), and (c), do not require |
| 172 | oral pronouncement at the time of sentencing and shall be |
| 173 | considered standard conditions of probation or community control |
| 174 | for offenders specified in this subsection. |
| 175 | (a) Effective for probationers or community controllees |
| 176 | whose crime was committed on or after October 1, 1995, and who |
| 177 | are placed under supervision for violation of chapter 794, s. |
| 178 | 800.04, s. 827.071, or s. 847.0145, the court must impose the |
| 179 | following conditions in addition to all other standard and |
| 180 | special conditions imposed: |
| 181 | 1. A mandatory curfew from 10 p.m. to 6 a.m. The court may |
| 182 | designate another 8-hour period if the offender's employment |
| 183 | precludes the above specified time, and such alternative is |
| 184 | recommended by the Department of Corrections. If the court |
| 185 | determines that imposing a curfew would endanger the victim, the |
| 186 | court may consider alternative sanctions. |
| 187 | 2. If the victim was under the age of 18, a prohibition on |
| 188 | living within 1,000 feet of a school, day care center, park, |
| 189 | playground, or other place where children regularly congregate, |
| 190 | as prescribed by the court. The 1,000-foot distance shall be |
| 191 | measured in a straight line from the offender's place of |
| 192 | residence to the nearest boundary line of the school, day care |
| 193 | center, park, playground, or other place where children |
| 194 | congregate. The distance may not be measured by a pedestrian |
| 195 | route or automobile route. |
| 196 | 3. Active participation in and successful completion of a |
| 197 | sex offender treatment program with therapists specifically |
| 198 | trained to treat sex offenders, at the probationer's or |
| 199 | community controllee's own expense. If a specially trained |
| 200 | therapist is not available within a 50-mile radius of the |
| 201 | probationer's or community controllee's residence, the offender |
| 202 | shall participate in other appropriate therapy. |
| 203 | 4. A prohibition on any contact with the victim, directly |
| 204 | or indirectly, including through a third person, unless approved |
| 205 | by the victim, the offender's therapist, and the sentencing |
| 206 | court. |
| 207 | 5. If the victim was under the age of 18, a prohibition, |
| 208 | until successful completion of a sex offender treatment program, |
| 209 | on unsupervised contact with a child under the age of 18, unless |
| 210 | authorized by the sentencing court without another adult present |
| 211 | who is responsible for the child's welfare, has been advised of |
| 212 | the crime, and is approved by the sentencing court. |
| 213 | 6. If the victim was under age 18, a prohibition on |
| 214 | working for pay or as a volunteer at any school, day care |
| 215 | center, park, playground, or other place where children |
| 216 | regularly congregate. |
| 217 | 7. Unless otherwise indicated in the treatment plan |
| 218 | provided by the sexual offender treatment program, a prohibition |
| 219 | on viewing, owning, or possessing any obscene, pornographic, or |
| 220 | sexually stimulating visual or auditory material, including |
| 221 | telephone, electronic media, computer programs, or computer |
| 222 | services that are relevant to the offender's deviant behavior |
| 223 | pattern. |
| 224 | 8. A requirement that the probationer or community |
| 225 | controllee must submit two specimens of blood or other approved |
| 226 | biological specimens to the Florida Department of Law |
| 227 | Enforcement to be registered with the DNA data bank. |
| 228 | 9. A requirement that the probationer or community |
| 229 | controllee make restitution to the victim, as ordered by the |
| 230 | court under s. 775.089, for all necessary medical and related |
| 231 | professional services relating to physical, psychiatric, and |
| 232 | psychological care. |
| 233 | 10. Submission to a warrantless search by the community |
| 234 | control or probation officer of the probationer's or community |
| 235 | controllee's person, residence, or vehicle. |
| 236 | (b) Effective for a probationer or community controllee |
| 237 | whose crime was committed on or after October 1, 1997, and who |
| 238 | is placed on sex offender probation for a violation of chapter |
| 239 | 794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any |
| 240 | other provision of this subsection, the court must impose the |
| 241 | following conditions of probation or community control: |
| 242 | 1. As part of a treatment program, participation at least |
| 243 | annually in polygraph examinations to obtain information |
| 244 | necessary for risk management and treatment and to reduce the |
| 245 | sex offender's denial mechanisms. A polygraph examination must |
| 246 | be conducted by a polygrapher trained specifically in the use of |
| 247 | the polygraph for the monitoring of sex offenders, where |
| 248 | available, and shall be paid by the sex offender. The results of |
| 249 | the polygraph examination shall not be used as evidence in court |
| 250 | to prove that a violation of community supervision has occurred. |
| 251 | 2. Maintenance of a driving log and a prohibition against |
| 252 | driving a motor vehicle alone without the prior approval of the |
| 253 | supervising officer. |
| 254 | 3. A prohibition against obtaining or using a post office |
| 255 | box without the prior approval of the supervising officer. |
| 256 | 4. If there was sexual contact, a submission to, at the |
| 257 | probationer's or community controllee's expense, an HIV test |
| 258 | with the results to be released to the victim or and/or the |
| 259 | victim's parent or guardian. |
| 260 | 5. Electronic monitoring when deemed necessary by the |
| 261 | community control or probation officer and his or her |
| 262 | supervisor, and ordered by the court at the recommendation of |
| 263 | the Department of Corrections. |
| 264 | (c) Effective for a probationer or community controllee |
| 265 | whose crime was committed on or after July 1, 2004, and who is |
| 266 | placed under supervision for a violation of chapter 794, s. |
| 267 | 800.04, s. 827.071, or s. 847.0145, the court must order |
| 268 | electronic monitoring in addition to all other standard and |
| 269 | special conditions imposed. |
| 270 | Section 5. Subsection (2) of section 948.09, Florida |
| 271 | Statutes, is amended to read: |
| 272 | 948.09 Payment for cost of supervision and |
| 273 | rehabilitation.-- |
| 274 | (2) Any person being electronically monitored by the |
| 275 | department as a result of placement on community control shall |
| 276 | be required to pay as a surcharge an amount that may not exceed |
| 277 | the full cost of the monitoring service in addition to the cost |
| 278 | of supervision fee as directed by the sentencing court. The |
| 279 | department is authorized to contract with a private entity to |
| 280 | provide the services necessary to implement or to facilitate any |
| 281 | provision of this chapter. The department is authorized to |
| 282 | contract with a private entity for the collection and |
| 283 | disposition of the surcharge. The department shall promulgate |
| 284 | rules, in accordance with the provisions of chapter 120, to |
| 285 | provide for a schedule of maximum fees, including an |
| 286 | administrative processing fees, which may be charged to a |
| 287 | community controllee for electronic monitoring services. Payment |
| 288 | for electronic monitoring required under this section may be |
| 289 | made directly to the private entity Such contract may allow for |
| 290 | reasonable costs to the contractor associated with the |
| 291 | collection of the surcharge. The surcharge shall be deposited in |
| 292 | the Operating Trust Fund to be used by the department for |
| 293 | purchasing and maintaining electronic monitoring devices. |
| 294 | Section 6. Section 948.11, Florida Statutes, is amended to |
| 295 | read: |
| 296 | 948.11 Electronic monitoring devices.-- |
| 297 | (1) Pursuant to chapter 287, the department shall issue a |
| 298 | request for proposal for electronic monitoring devices to be |
| 299 | used utilized by the department for purposes of electronic |
| 300 | monitoring under this section or any other section of law which |
| 301 | authorizes electronic monitoring. Electronic monitoring devices |
| 302 | certified for use by the department must be licensed by the FCC, |
| 303 | must be capable of maintaining full operation on a backup power |
| 304 | source for 8 hours, and must meet such other necessary and vital |
| 305 | specifications as may be set by the department for tamper-alert, |
| 306 | efficient, and economical usage. The provisions of this section |
| 307 | do not apply to passive devices. |
| 308 | (2) The department shall conduct an electronic monitoring |
| 309 | pilot program in one or more judicial circuits within funds |
| 310 | appropriated for this purpose to determine the effect of |
| 311 | electronic monitoring on offenders on community supervision. The |
| 312 | department is authorized to use funds appropriated for the |
| 313 | purpose of contracting for a statewide offender tracking and |
| 314 | crime-reporting system. The site or sites of the pilot program |
| 315 | shall be determined by the advisory committee provided for in |
| 316 | this subsection. Offenders to be monitored as a part of the |
| 317 | pilot program shall be identified as provided in this |
| 318 | subsection. The program shall be conducted in conjunction with |
| 319 | local law enforcement. The pilot program shall use a system of |
| 320 | electronic monitoring that identifies the location of a |
| 321 | monitored offender and timely reports the offender's presence |
| 322 | near a crime scene, entrance into a prohibited area, or |
| 323 | departure from specified geographical limitations. |
| 324 | (a) The system shall be designed and executed in such a |
| 325 | manner so that it contains all data concerning criminal |
| 326 | incidents available throughout the state, including detailed |
| 327 | geographical inclusion and exclusion zones if a monitored person |
| 328 | is lawfully prohibited from leaving or entering certain |
| 329 | locations. |
| 330 | (b) The system shall be designed to provide either real |
| 331 | time or delayed reporting of the monitored person's location and |
| 332 | any correlation with the location of a crime or with the |
| 333 | person's exit from an inclusion zone or entry into a prohibited |
| 334 | zone. This shall include, but need not be limited to: |
| 335 | 1. Timely alerts and reports to the Department of |
| 336 | Corrections when a supervised offender enters or leaves an |
| 337 | inclusion or exclusion zone. |
| 338 | 2. Timely alerts and reports to appropriate local law |
| 339 | enforcement officials when any supervised offender is identified |
| 340 | as being at or near a crime scene. |
| 341 |
|
| 342 | The supervising agency shall determine whether reporting of |
| 343 | location and correlation with crime data shall be real time or |
| 344 | delayed, and the length of delay, depending upon the seriousness |
| 345 | of the monitored person's offense or offenses. |
| 346 | (c) The system shall monitor a minimum of 1,000 offenders |
| 347 | on state community control supervision or state probation. The |
| 348 | following offenders shall be given priority for monitoring and |
| 349 | crime-correlation reporting under the system: |
| 350 | 1. All probationers and community controllees who have |
| 351 | been court ordered to submit to electronic monitoring pursuant |
| 352 | to s. 948.03(5)(b) or s. 948.03(5)(c). If more than 1,000 |
| 353 | offenders are subject to this requirement, the Department of |
| 354 | Corrections shall determine which offenders to monitor based |
| 355 | upon risk-assessment criteria. |
| 356 | 2. If fewer than 1,000 probationers and community |
| 357 | controllees are court ordered to submit to electronic monitoring |
| 358 | pursuant to s. 948.03(5)(b) or s. 948.03(5)(c), the remainder of |
| 359 | the 1,000 tracked offenders shall be offenders under the |
| 360 | jurisdiction of the Department of Corrections who have been |
| 361 | previously convicted of sexual offenses or violent crimes and |
| 362 | who are court ordered to submit to electronic monitoring. For |
| 363 | the purposes of this subparagraph, the term "conviction" means a |
| 364 | determination of guilt that is the result of a plea or a trial, |
| 365 | regardless of whether adjudication is withheld or whether a plea |
| 366 | of nolo contendere is entered. The Department of Corrections |
| 367 | shall determine which offenders to monitor based upon risk- |
| 368 | assessment criteria. |
| 369 | (d) A statewide advisory committee, to be chaired by the |
| 370 | secretary of the department and comprised of a representative of |
| 371 | the Office of the Attorney General, a representative of the |
| 372 | Department of Law Enforcement, a representative of the |
| 373 | Department of Corrections, a representative of the Parole |
| 374 | Commission, a representative of the state attorneys appointed by |
| 375 | the Florida Prosecuting Attorneys Association, a representative |
| 376 | of the public defenders appointed by the Florida Public |
| 377 | Defender's Association, Inc., three representatives of the |
| 378 | sheriff appointed by the Florida Sheriff's Association, and |
| 379 | three representatives of the police chiefs appointed by the |
| 380 | Florida Police Chief's Association, shall monitor and evaluate |
| 381 | the electronic monitoring system. |
| 382 | Section 7. The sum of $3.75 million is appropriated from |
| 383 | the General Revenue Fund to the Department of Corrections for |
| 384 | the purpose of contracting for an integrated statewide offender |
| 385 | tracking and crime-reporting system, which shall be fully |
| 386 | operational by December 1, 2004. |
| 387 | Section 8. For the purpose of incorporating the amendment |
| 388 | to section 948.03, Florida Statutes, in a reference thereto, |
| 389 | subsection (5) of section 948.001, Florida Statutes, is |
| 390 | reenacted to read: |
| 391 | 948.001 Definitions.--As used in this chapter, the term: |
| 392 | (5) "Probation" means a form of community supervision |
| 393 | requiring specified contacts with parole and probation officers |
| 394 | and other terms and conditions as provided in s. 948.03. |
| 395 | Section 9. For the purpose of incorporating the amendment |
| 396 | to section 948.03, Florida Statutes, in a reference thereto, |
| 397 | subsection (4) of section 958.03, Florida Statutes, is reenacted |
| 398 | to read: |
| 399 | 958.03 Definitions.--As used in this act: |
| 400 | (4) "Probation" means a form of community supervision |
| 401 | requiring specified contacts with parole and probation officers |
| 402 | and other terms and conditions as provided in s. 948.03. |
| 403 | Section 10. This act shall take effect upon becoming a |
| 404 | law. |
| 405 |
|
| 406 |
|
| 407 | ================= T I T L E A M E N D M E N T ================= |
| 408 | Remove the entire title and insert: |
| 409 | A bill to be entitled |
| 410 | An act relating to the electronic monitoring; amending s. |
| 411 | 648.387, F.S.; requiring vendors that provide electronic |
| 412 | monitoring services to register certain information with |
| 413 | the clerk of the court; authorizing bail bond agents to |
| 414 | contract with registered vendors to provide electronic |
| 415 | monitoring of pretrial releasees in certain circumstances; |
| 416 | authorizing bail bond agents to contract with government |
| 417 | entities to provide electronic monitoring services in |
| 418 | certain circumstances; authorizing such agents to collect |
| 419 | a fee for electronic monitoring services; providing that |
| 420 | failure to make timely payment of fees constitutes grounds |
| 421 | to remand; providing that such fees are exempt from |
| 422 | regulation by the Department of Financial Services; |
| 423 | providing specifications for electronic monitoring |
| 424 | equipment; creating s. 903.0472, F.S.; authorizing |
| 425 | pretrial release subject to electronic monitoring; |
| 426 | authorizing a fee for such services; providing that |
| 427 | failure to make timely payment of electronic monitoring |
| 428 | fees constitutes a violation of pretrial release |
| 429 | conditions; providing that a violation of pretrial release |
| 430 | conditions constitutes grounds to remand; requiring |
| 431 | reporting of violations of pretrial release conditions; |
| 432 | providing that it is a third degree felony for certain |
| 433 | persons to alter, tamper with, damage, or destroy |
| 434 | electronic monitoring equipment; providing criminal |
| 435 | penalties; creating s. 903.0473, F.S.; providing for |
| 436 | probation appearance bonds; specifying the terms and |
| 437 | conditions for filing, estreating, and forfeiting such |
| 438 | bonds; amending s. 948.03, F.S.; revising the reporting |
| 439 | requirements applicable to probationers and community |
| 440 | controllees; authorizing the Department of Corrections to |
| 441 | require electronic monitoring as part of such report; |
| 442 | authorizing the imposition of a fee for such monitoring; |
| 443 | requiring the court to order the electronic monitoring of |
| 444 | certain sex offenders whose crime is committed on or after |
| 445 | a specified date; amending s. 948.09, F.S.; authorizing |
| 446 | the Department of Corrections to contract with private |
| 447 | entities in certain circumstances involving probation and |
| 448 | community control; amending s. 948.11, F.S.; requiring the |
| 449 | Department of Corrections to implement a pilot program |
| 450 | that uses an electronic monitoring system that reports the |
| 451 | location of a monitored offender and correlates that |
| 452 | information with other crime data; providing for a |
| 453 | statewide advisory committee to oversee and evaluate the |
| 454 | system; providing an appropriation; reenacting ss. |
| 455 | 948.001(5) and 958.03(4), F.S.; relating to the definition |
| 456 | of probation, for the purpose of incorporating the |
| 457 | amendment to s. 948.03, F.S., in references thereto; |
| 458 | providing an effective date. |