Senate Bill sb1376er

    ENROLLED

    2004 Legislature    CS for CS for SB 1376, 2nd Engrossed (ntc)



  1                                 

  2         An act relating to habitual misdemeanor

  3         offenders; creating s. 775.0837, F.S.;

  4         providing definitions; specifying alternatives

  5         for sentencing a habitual misdemeanor offender;

  6         providing that such alternatives are

  7         imprisonment, commitment, or detention;

  8         specifying a minimum and maximum time period

  9         for such alternatives; providing criminal

10         penalties; limiting the applicability of the

11         sentencing alternatives; providing an effective

12         date.

13  

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

15  

16         Section 1.  Section 775.0837, Florida Statutes, is

17  created to read:

18         775.0837  Habitual misdemeanor offenders.--

19         (1)  As used in this section, the term:

20         (a)  "Convicted" means a determination of guilt which

21  is the result of a trial or the entry of a plea of guilty or

22  nolo contendere, regardless of whether adjudication is

23  withheld.

24         (b)  "Habitual misdemeanor offender" means a defendant

25  who is before the court for sentencing for a specified

26  misdemeanor offense and who has previously been convicted, as

27  an adult, of four or more specified misdemeanor offenses which

28  meet the following criteria:

29         1.  The offenses, in relation to each other and the

30  misdemeanor before the court for sentencing, are separate

31  


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2004 Legislature    CS for CS for SB 1376, 2nd Engrossed (ntc)



 1  offenses that are not part of the same criminal transaction or

 2  episode.

 3         2.  The offenses were committed within 1 year of the

 4  date that the misdemeanor before the court for sentencing was

 5  committed.

 6         (c)  "Specified misdemeanor offense" means those

 7  misdemeanor offenses described in chapter 741, chapter 784,

 8  chapter 790, chapter 796, chapter 800, chapter 806, chapter

 9  810, chapter 812, chapter 817, chapter 831, chapter 832,

10  chapter 843, chapter 856, chapter 893, or chapter 901.

11         (d)  "Imprisonment" means incarceration in a county

12  jail operated by the county or a private vendor.

13         (2)  If the court finds that a defendant before the

14  court for sentencing for a misdemeanor is a habitual

15  misdemeanor offender, the court shall, unless the court makes

16  a finding that an alternative disposition is in the best

17  interests of the community and defendant, sentence the

18  defendant as a habitual misdemeanor offender and impose one of

19  the following sentences:

20         (a)  A term of imprisonment of not less than 6 months,

21  but not to exceed 1 year;

22         (b)  Commitment to a residential treatment program for

23  not less than 6 months, but not to exceed 364 days, provided

24  that the treatment program is operated by the county or a

25  private vendor with which the county has contracted to operate

26  such program, or by a private vendor under contract with the

27  state or licensed by the state to operate such program, and

28  provided that any referral to a residential treatment facility

29  is in accordance with the assessment criteria for residential

30  treatment established by the Department of Children and Family

31  Services, and that residential treatment beds are available or


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2004 Legislature    CS for CS for SB 1376, 2nd Engrossed (ntc)



 1  other community-based treatment program or a combination of

 2  residential and community-based program; or

 3         (c)  Detention for not less than 6 months, but not to

 4  exceed 364 days, to a designated residence, if the detention

 5  is supervised or monitored by the county or by a private

 6  vendor with which the county has contracted to supervise or

 7  monitor the detention.

 8  

 9  The court may not sentence a defendant under this subsection

10  if the misdemeanor offense before the court for sentencing has

11  been reclassified as a felony as a result of any prior

12  qualifying misdemeanor.

13         Section 2.  This act shall take effect upon becoming a

14  law.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  3

CODING: Words stricken are deletions; words underlined are additions.