1 | A bill to be entitled |
2 | An act relating to habitual misdemeanor offenders; |
3 | creating s. 775.0837, F.S.; providing definitions; |
4 | specifying alternatives for sentencing a habitual |
5 | misdemeanor offender; providing that such alternatives are |
6 | imprisonment, commitment, or detention; specifying a |
7 | minimum and maximum time period for such alternatives; |
8 | providing criminal penalties; limiting the applicability |
9 | of the sentencing alternatives; providing an effective |
10 | date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Section 775.0837, Florida Statutes, is created |
15 | to read: |
16 | 775.0837 Habitual misdemeanor offenders.-- |
17 | (1) As used in this section, the term: |
18 | (a) "Convicted" means a determination of guilt which is |
19 | the result of a trial or the entry of a plea of guilty or nolo |
20 | contendere, regardless of whether adjudication is withheld. |
21 | (b) "Habitual misdemeanor offender" means a defendant who |
22 | is before the court for sentencing for a specified misdemeanor |
23 | offense and who has previously been convicted, as an adult, of |
24 | four or more specified misdemeanor offenses which meet the |
25 | following criteria: |
26 | 1. The offenses, in relation to each other and the |
27 | misdemeanor before the court for sentencing, are separate |
28 | offenses that are not part of the same criminal transaction or |
29 | episode. |
30 | 2. The offenses were committed within 1 year of the date |
31 | that the misdemeanor before the court for sentencing was |
32 | committed. |
33 | (c) "Specified misdemeanor offense" means those |
34 | misdemeanor offenses described in chapter 741, chapter 784, |
35 | chapter 790, chapter 796, chapter 800, chapter 806, chapter 810, |
36 | chapter 812, chapter 817, chapter 831, chapter 832, chapter 843, |
37 | chapter 856, chapter 893, or chapter 901. |
38 | (d) "Imprisonment" means incarceration in a county jail |
39 | operated by the county or a private vendor. |
40 | (2) If the court finds that a defendant before the court |
41 | for sentencing for a misdemeanor is a habitual misdemeanor |
42 | offender, the court shall sentence the defendant as a habitual |
43 | misdemeanor offender and impose one of the following sentences: |
44 | (a) A term of imprisonment of not less than 6 months, but |
45 | not to exceed 1 year; |
46 | (b) Commitment to a residential treatment program for not |
47 | less than 6 months, but not to exceed 364 days, provided that |
48 | the treatment program is operated by the county or a private |
49 | vendor with which the county has contracted to operate such |
50 | program, or by a private vendor under contract with the state or |
51 | licensed by the state to operate such program or other |
52 | community-based treatment program or a combination of |
53 | residential and community-based program; or |
54 | (c) Detention for not less than 6 months, but not to |
55 | exceed 364 days, to a designated residence, if the detention is |
56 | supervised or monitored by the county or by a private vendor |
57 | with which the county has contracted to supervise or monitor the |
58 | detention. |
59 |
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60 | The court may not sentence a defendant under this subsection if |
61 | the misdemeanor offense before the court for sentencing has been |
62 | reclassified as a felony as a result of any prior qualifying |
63 | misdemeanor. |
64 | Section 2. This act shall take effect upon becoming a law. |