SENATE AMENDMENT
Bill No. CS for SB 2284
Amendment No. ___ Barcode 334206
CHAMBER ACTION
Senate House
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11 Senator Villalobos moved the following amendment:
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13 Senate Amendment
14 On page 5, line 11, through page 19, line 20, delete
15 those lines
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17 and insert: orientation program referral to the nearest or
18 most appropriate community substance abuse program.
19 (5)(4) The department shall conduct a needs assessment
20 of every inmate to determine which, if any, basic support
21 services the inmate needs after release. Substance abuse
22 treatment shall be deemed a basic support service for any
23 inmate who has been identified as needing substance abuse
24 treatment pursuant to s. 944.473 and who has not been provided
25 an opportunity to receive such treatment while incarcerated.
26 (6)(5) The department may contract with public or
27 private entities, including faith-based service groups, for
28 the provision of all or part of the services pursuant to this
29 section.
30 (7)(6)(a) The department shall notify every inmate, in
31 no less than 18-point type in the inmate's release documents,
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Bill No. CS for SB 2284
Amendment No. ___ Barcode 334206
1 that the inmate may be sentenced pursuant to s. 775.082(9) if
2 the inmate commits any felony offense described in s.
3 775.082(9) within 3 years after the inmate's release. This
4 notice must be prefaced by the word "WARNING" in boldfaced
5 type.
6 (b) Nothing in this section precludes the sentencing
7 of a person pursuant to s. 775.082(9), nor shall evidence that
8 the department failed to provide this notice prohibit a person
9 from being sentenced pursuant to s. 775.082(9). The state
10 shall not be required to demonstrate that a person received
11 any notice from the department in order for the court to
12 impose a sentence pursuant to s. 775.082(9).
13 Section 1. Subsection (2) of section 947.22, Florida
14 Statutes, is amended to read:
15 947.22 Authority to arrest parole violators with or
16 without warrant.--
17 (2) Any parole and probation officer, when she or he
18 has reasonable ground to believe that a parolee, control
19 releasee, or conditional releasee has violated the terms and
20 conditions of her or his parole, control release, or
21 conditional release in a material respect, has the right to
22 arrest or request any law enforcement officer to arrest the
23 releasee or parolee without warrant and bring her or him
24 forthwith before one or more commissioners or a duly
25 authorized representative of the Parole Commission or Control
26 Release Authority; and proceedings shall thereupon be had as
27 provided herein when a warrant has been issued by a member of
28 the commission or authority or a duly authorized
29 representative of the commission or authority. Local law
30 enforcement officers shall assist the probation officer, upon
31 request, in making warrantless arrests, taking the offender
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SENATE AMENDMENT
Bill No. CS for SB 2284
Amendment No. ___ Barcode 334206
1 into custody and transporting the offender to the county jail.
2 Section 2. Subsections (1) and (3) of section 948.03,
3 Florida Statutes, as amended by section 136 of chapter
4 2003-402, Laws of Florida, are amended to read:
5 948.03 Terms and conditions of probation or community
6 control.--
7 (1) The court shall determine the terms and conditions
8 of probation or community control. Conditions specified in
9 paragraphs (a)-(n) (a)-(m) do not require oral pronouncement
10 at the time of sentencing and may be considered standard
11 conditions of probation. Conditions specified in paragraphs
12 (a)-(n) (a)-(m) and (2)(a) do not require oral pronouncement
13 at sentencing and may be considered standard conditions of
14 community control. These conditions may include among them
15 the following, that the probationer or offender in community
16 control shall:
17 (a) Report to the probation officers and parole
18 supervisors as directed. The offender shall provide to the
19 probation officer a full, truthful, and complete written
20 report each month. The report must include, but need not be
21 limited to, the offender's employment status, monthly
22 earnings, and financial ability. At the discretion of the
23 department, the reporting requirement may include electronic
24 monitoring.
25 (b) Permit such officers supervisors to visit him or
26 her at his or her home or elsewhere.
27 (c) Work faithfully at suitable employment insofar as
28 may be possible.
29 (d) Remain within a specified place.
30 (e) Make reparation or restitution to the aggrieved
31 party for the damage or loss caused by his or her offense in
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1 an amount to be determined by the court. The court shall make
2 such reparation or restitution a condition of probation,
3 unless it determines that clear and compelling reasons exist
4 to the contrary. If the court does not order restitution, or
5 orders restitution of only a portion of the damages, as
6 provided in s. 775.089, it shall state on the record in detail
7 the reasons therefor.
8 (f) Effective July 1, 1994, and applicable for
9 offenses committed on or after that date, make payment of the
10 debt due and owing to a county or municipal detention facility
11 under s. 951.032 for medical care, treatment, hospitalization,
12 or transportation received by the felony probationer while in
13 that detention facility. The court, in determining whether to
14 order such repayment and the amount of such repayment, shall
15 consider the amount of the debt, whether there was any fault
16 of the institution for the medical expenses incurred, the
17 financial resources of the felony probationer, the present and
18 potential future financial needs and earning ability of the
19 probationer, and dependents, and other appropriate factors.
20 (g) Support his or her legal dependents to the best of
21 his or her ability.
22 (h) Make payment of the debt due and owing to the
23 state under s. 960.17, subject to modification based on change
24 of circumstances.
25 (i) Pay any application fee assessed under s.
26 27.52(2)(a) and attorney's fees and costs assessed under s.
27 938.29, subject to modification based on change of
28 circumstances.
29 (j) Not associate with persons engaged in criminal
30 activities.
31 (k)1. Submit to random testing as directed by the
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1 correctional probation officer or the professional staff of
2 the treatment center where he or she is receiving treatment to
3 determine the presence or use of alcohol or controlled
4 substances.
5 2. If the offense was a controlled substance violation
6 and the period of probation immediately follows a period of
7 incarceration in the state correction system or if the offense
8 was a controlled substance violation and the offender had a
9 previous term of imprisonment for a
10 controlled-substance-related offense, the conditions shall
11 include a requirement that the offender submit to substance
12 abuse evaluation and comply with recommendations for
13 treatment, and submit to random substance abuse testing
14 intermittently throughout the term of supervision, upon the
15 direction of the correctional probation officer as defined in
16 s. 943.10(3).
17 (l) Be prohibited from possessing, carrying, or owning
18 any firearm unless authorized by the court and consented to by
19 the probation officer.
20 (m) Be prohibited from using intoxicants to excess or
21 using or possessing a controlled substance or drug any drugs
22 or narcotics unless prescribed by a physician. The probationer
23 or community controllee shall not knowingly visit places where
24 intoxicants, drugs, or other dangerous substances are
25 unlawfully sold, dispensed, or used.
26 (n) Remain at liberty without violating the law.
27 (o)(n) Attend an HIV/AIDS awareness program consisting
28 of a class of not less than 2 hours or more than 4 hours in
29 length, the cost for which shall be paid by the offender, if
30 such a program is available in the county of the offender's
31 residence.
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Amendment No. ___ Barcode 334206
1 (p)(o) Pay not more than $1 per month during the term
2 of probation or community control to a nonprofit organization
3 established for the sole purpose of supplementing the
4 rehabilitative efforts of the Department of Corrections.
5 (3)(a)1. The Department of Corrections may, at its
6 discretion, instruct an offender to submit to electronic
7 monitoring electronically monitor an offender sentenced to
8 community control. In such cases, the electronic monitoring
9 shall be considered to be supervisory instructions
10 implementing the standard condition of supervision requiring
11 the offender to report to probation officers as directed. This
12 subparagraph does not limit the judge's discretion to order
13 electronic monitoring in appropriate cases.
14 2. The Department of Corrections shall electronically
15 monitor an offender sentenced to criminal quarantine community
16 control 24 hours per day.
17 (b) Any offender placed on community control who
18 violates the terms and conditions of community control and is
19 restored to community control may be supervised by means of an
20 electronic monitoring device or system.
21 (c) For those offenders being electronically
22 monitored, the Department of Corrections shall develop
23 procedures to determine, investigate, and report the
24 offender's noncompliance with the terms and conditions of
25 sentence 24 hours per day. All reports of noncompliance shall
26 be immediately investigated by a community control officer.
27 (d) The Department of Corrections may contract with
28 local law enforcement agencies to assist in the location and
29 apprehension of offenders who are in noncompliance as reported
30 by the electronic monitoring system. This contract is intended
31 to provide the department a means for providing immediate
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Bill No. CS for SB 2284
Amendment No. ___ Barcode 334206
1 investigation of noncompliance reports, especially after
2 normal office hours.
3 Section 3. Section 948.032, Florida Statutes, is
4 amended to read:
5 948.032 Condition of probation; restitution.--If a
6 defendant is placed on probation, any restitution ordered
7 under s. 775.089 shall be a condition of the probation. The
8 court may revoke probation if the defendant fails to comply
9 with the order. In determining whether to revoke probation,
10 the court shall consider the defendant's employment status,
11 earning ability, and financial resources; the willfulness of
12 the defendant's failure to pay; and any other special
13 circumstances that may have a bearing on the defendant's
14 ability to pay. As provided in s. 948.06(5), it shall be the
15 responsibility of the defendant to prove his or her inability
16 to pay restitution ordered by the court.
17 Section 4. Effective July 1, 2004, and applicable to
18 offenses or violations committed on or after that date,
19 section 948.06, Florida Statutes, is amended to read:
20 948.06 Violation of probation or community control;
21 revocation; modification; continuance; failure to pay
22 restitution or cost of supervision.--
23 (1)(a) Whenever within the period of probation or
24 community control there are reasonable grounds to believe that
25 a probationer or offender in community control has violated
26 his or her probation or community control in a material
27 respect, any law enforcement officer who is aware of the
28 probationary or community control status of the probationer or
29 offender in community control or any parole or probation
30 supervisor may arrest or request any county or municipal law
31 enforcement officer to arrest such probationer or offender
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Amendment No. ___ Barcode 334206
1 without warrant wherever found and forthwith return him or her
2 to the court granting such probation or community control.
3 Local law enforcement officers shall assist the probation
4 officer, upon request, in making warrantless arrests, taking
5 offenders into custody, and transporting offenders to the
6 county jail.
7 (b) Any committing magistrate may issue a warrant,
8 upon the facts being made known to him or her by affidavit of
9 one having knowledge of such facts, for the arrest of the
10 probationer or offender, returnable forthwith before the court
11 granting such probation or community control.
12 (c) Any parole or probation supervisor, any officer
13 authorized to serve criminal process, or any peace officer of
14 this state is authorized to serve and execute such warrant.
15 (d) Upon the filing of an affidavit alleging a
16 violation of probation or community control and following
17 issuance of a warrant under s. 901.02 or upon a warrantless
18 arrest, the probationary period is tolled until the court
19 enters a ruling on the violation. Notwithstanding the tolling
20 of probation as provided in this subsection, the court shall
21 retain jurisdiction over the offender for any violation of the
22 conditions of probation or community control that is alleged
23 to have occurred during the tolling period. The probation
24 officer is permitted to continue to supervise any offender who
25 remains available to the officer for supervision until the
26 supervision expires pursuant to the order of probation or
27 community control or until the court revokes or terminates the
28 probation or community control, whichever comes first.
29 (2)(a) The court, upon the probationer or offender
30 being brought before it, shall advise him or her of such
31 charge of violation and, if such charge is admitted to be
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Bill No. CS for SB 2284
Amendment No. ___ Barcode 334206
1 true, may forthwith revoke, modify, or continue the probation
2 or community control or place the probationer into a community
3 control program.
4 (b) If probation or community control is revoked, the
5 court shall adjudge the probationer or offender guilty of the
6 offense charged and proven or admitted, unless he or she has
7 previously been adjudged guilty, and impose any sentence which
8 it might have originally imposed before placing the
9 probationer on probation or the offender into community
10 control.
11 (c) If such violation of probation or community
12 control is not admitted by the probationer or offender, the
13 court may commit him or her or release him or her with or
14 without bail to await further hearing, or it may dismiss the
15 charge of probation or community control violation.
16 (d) If such charge is not at that time admitted by the
17 probationer or offender and if it is not dismissed, the court,
18 as soon as may be practicable, shall give the probationer or
19 offender an opportunity to be fully heard on his or her behalf
20 in person or by counsel.
21 (e) After such hearing, the court may revoke, modify,
22 or continue the probation or community control or place the
23 probationer into community control. If such probation or
24 community control is revoked, the court shall adjudge the
25 probationer or offender guilty of the offense charged and
26 proven or admitted, unless he or she has previously been
27 adjudged guilty, and impose any sentence which it might have
28 originally imposed before placing the probationer or offender
29 on probation or into community control.
30 (f) Notwithstanding s. 775.082, when a period of
31 probation or community control has been tolled, upon
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Amendment No. ___ Barcode 334206
1 revocation or modification of the probation or community
2 control, the court may impose a sanction with a term that when
3 combined with the amount of supervision served and tolled,
4 exceeds the term permissible pursuant to s. 775.082 for a term
5 up to the amount of the tolled period supervision.
6 (g) If the court dismisses an affidavit alleging a
7 violation of probation or community control, the offender's
8 probation or community control shall continue as previously
9 imposed, and the offender shall receive credit for all tolled
10 time against his or her term of probation or community
11 control.
12 (h) The chief judge of each judicial circuit may
13 direct the department to use a notification letter of a
14 technical violation in lieu of a violation report, affidavit,
15 and warrant when the violation is not a new felony or
16 misdemeanor offense. Such direction must be in writing and
17 specify the types of specific violations which are to be
18 reported by a notification letter of a technical violation,
19 any exceptions, and the required process for submission. At
20 the direction of the chief judge, the department shall send
21 the notification letter of a technical violation to the court.
22 (i)1. For each case in which the offender admits to
23 committing a violation or is found to have committed a
24 violation, the department shall provide the court with a
25 recommendation as to disposition by the court. The department
26 shall make a determination as to the reasons for its
27 recommendation, and shall include an evaluation of the
28 following factors:
29 a. The appropriateness or inappropriateness of
30 community facilities, programs, or services for treatment or
31 supervision of the offender.
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Amendment No. ___ Barcode 334206
1 b. The ability or inability of the department to
2 provide an adequate level of supervision of the offender in
3 the community and a statement of what constitutes an adequate
4 level of supervision.
5 c. The existence of other treatment modalities that
6 the offender could use but that do not currently exist in the
7 community.
8 2. The report must also include a summary of the
9 offender's prior supervision history, including the offender's
10 prior participation in treatment, educational, and vocational
11 programs, and any other actions or circumstances of the
12 offender which are relevant.
13 3. The court may specify whether the recommendation or
14 report must be oral or written and may waive the requirement
15 for a report in an individual case or a class of cases. This
16 paragraph does not prohibit the department from making any
17 other report or recommendation that is provided for by law or
18 requested by the court.
19 (3)(2)(a) When any state or local law enforcement
20 agency investigates or arrests a person for committing, or
21 attempting, soliciting, or conspiring to commit, a violation
22 of s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 827.071,
23 s. 847.0133, s. 847.0135, or s. 847.0145, the law enforcement
24 agency shall contact the Department of Corrections to verify
25 whether the person under investigation or under arrest is on
26 probation, community control, parole, conditional release, or
27 control release.
28 (b) If the law enforcement agency finds that the
29 person under investigation or under arrest is on probation,
30 community control, parole, conditional release, or control
31 release, the law enforcement agency shall immediately notify
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Amendment No. ___ Barcode 334206
1 the person's probation officer or release supervisor of the
2 investigation or the arrest.
3 (4)(3) When the court imposes a subsequent term of
4 supervision following a revocation of probation or community
5 control, it shall not provide credit for time served while on
6 probation or community control toward any subsequent term of
7 probation or community control. However, the court may not
8 impose a subsequent term of probation or community control
9 which, when combined with any amount of time served on
10 preceding terms of probation or community control for offenses
11 before the court for sentencing, would exceed the maximum
12 penalty allowable as provided by s. 775.082. No part of the
13 time that the defendant is on probation or in community
14 control shall be considered as any part of the time that he or
15 she shall be sentenced to serve.
16 (5)(4) Notwithstanding any other provision of this
17 section, a probationer or an offender in community control who
18 is arrested for violating his or her probation or community
19 control in a material respect may be taken before the court in
20 the county or circuit in which the probationer or offender was
21 arrested. That court shall advise him or her of such charge of
22 a violation and, if such charge is admitted, shall cause him
23 or her to be brought before the court which granted the
24 probation or community control.
25 (a) If such violation is not admitted by the
26 probationer or offender, the court may commit him or her or
27 release him or her with or without bail to await further
28 hearing. The court, as soon as is practicable, shall give the
29 probationer or offender an opportunity to be fully heard on
30 his or her behalf in person or by counsel.
31 (b) After such hearing, the court shall make findings
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Amendment No. ___ Barcode 334206
1 of fact and forward the findings to the court which granted
2 the probation or community control and to the probationer or
3 offender or his or her attorney. The findings of fact by the
4 hearing court are binding on the court which granted the
5 probation or community control. Upon the probationer or
6 offender being brought before it, the court which granted the
7 probation or community control may revoke, modify, or continue
8 the probation or community control or may place the
9 probationer into community control as provided in this
10 section.
11 (6)(5) Whenever the department submits a violation
12 report to the court for failure to pay court-ordered
13 obligations, the department shall include a statement by the
14 probationer or offender on community control concerning his or
15 her ability to pay. However, the violation report may be
16 submitted without such statement if it cannot be obtained
17 through department efforts. In any hearing in which the
18 failure of a probationer or offender in community control to
19 pay restitution or the cost of supervision as provided in s.
20 948.09, as directed, is established by the state, if the
21 probationer or offender asserts his or her inability to pay
22 restitution or the cost of supervision, it is incumbent upon
23 the probationer or offender to prove by clear and convincing
24 evidence that he or she does not have the present resources
25 available to pay restitution or the cost of supervision
26 despite sufficient bona fide efforts legally to acquire the
27 resources to do so. If the probationer or offender cannot pay
28 restitution or the cost of supervision despite sufficient bona
29 fide efforts, the court shall consider alternate measures of
30 punishment other than imprisonment. Only if alternate measures
31 are not adequate to meet the state's interests in punishment
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Bill No. CS for SB 2284
Amendment No. ___ Barcode 334206
1 and deterrence may the court imprison a probationer or
2 offender in community control who has demonstrated sufficient
3 bona fide efforts to pay restitution or the cost of
4 supervision.
5 (7)(6) Any parolee in a community control program who
6 has allegedly violated the terms and conditions of such
7 placement is subject to the provisions of ss. 947.22 and
8 947.23.
9 (8)(7) Any provision of law to the contrary
10 notwithstanding, whenever probation, community control, or
11 control release, including the probationary, community control
12 portion of a split sentence, is violated and the probation or
13 community control is revoked, the offender, by reason of his
14 or her misconduct, shall be deemed to have forfeited all
15 gain-time or commutation of time for good conduct, as provided
16 by law, earned up to the date of his or her release on
17 probation, community control, or control release. This
18 subsection does not deprive the prisoner of his or her right
19 to gain-time or commutation of time for good conduct, as
20 provided by law, from the date on which the prisoner is
21 returned to prison. However, if a prisoner is sentenced to
22 incarceration following termination from a drug punishment
23 program imposed as a condition of probation, the sentence may
24 include incarceration without the possibility of gain-time or
25 early release for the period of time remaining in his or her
26 treatment program placement term.
27 Section 5. Section 948.061, Florida Statutes, is
28 created to read:
29 948.061 Identifying, assessing, and monitoring certain
30 high-risk offenders on community supervision; providing
31 cumulative criminal and supervision histories to the court.--
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Amendment No. ___ Barcode 334206
1 (1) By December 1, 2004, the department shall develop
2 a graduated risk assessment and alert system that continuously
3 identifies, assesses, and closely monitors the population of
4 offenders placed on probation or community control who have:
5 (a) Previously been placed on probation or community
6 control and who have a history of committing multiple
7 community supervision violations in this state or in other
8 jurisdictions or who have previously been incarcerated in this
9 state or in other jurisdictions; and
10 (b) Have experienced more than one of the following
11 risk factors that could potentially make the offender more
12 likely to pose a danger to others:
13 1. Attempted suicide or severe depression;
14 2. Marital instability or history of domestic
15 violence;
16 3. History of substance abuse;
17 4. Unemployment or substantial financial difficulties;
18 5. History of violence, particularly involving
19 strangers; or
20 6. Any other risk factor identified by the department.
21 (2) Recognizing that there may be a propensity for
22 these offenders with extensive criminal histories and multiple
23 risk factors to pose a serious threat to the community, the
24 department shall consider the cumulative impact of these risk
25 factors and, if necessary, place these offenders on an
26 elevated alert status and provide a high level of supervision
27 for these offenders until the situation
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