1 | A bill to be entitled |
2 | An act relating to probation and community control; |
3 | amending s. 947.22, F.S.; requiring law enforcement |
4 | officers to assist probation officers in making |
5 | warrantless arrests; amending s. 948.06, F.S.; requiring |
6 | law enforcement officers to assist probation officers in |
7 | making warrantless arrests; requiring law enforcement and |
8 | probation officers to arrest a probationer or offender if |
9 | the officer has reasonable grounds to believe that the |
10 | probationer or offender has violated his or her probation |
11 | or community control and if the officer is aware that the |
12 | probationer or offender has a history of convictions for |
13 | violence; creating s. 948.061, F.S.; requiring the |
14 | Department of Corrections to develop a risk assessment and |
15 | alert system to monitor certain offenders placed on |
16 | probation or community control; requiring increased |
17 | supervision of such offenders under certain circumstances; |
18 | requiring that certain information be provided to the |
19 | court by the correctional probation officer; creating s. |
20 | 948.062, F.S.; requiring the Department of Corrections to |
21 | review the circumstances of certain arrests of offenders |
22 | on probation or community control; requiring the Office of |
23 | Program Policy Analysis and Government Accountability to |
24 | analyze the reviews and report to the President of the |
25 | Senate and the Speaker of the House of Representatives; |
26 | providing legislative findings with respect to the |
27 | necessity for increased supervision of high-risk offenders |
28 | who violate community supervision; requesting that the |
29 | Supreme Court amend a Rule of Criminal Procedure to |
30 | require that certain offenders arrested for a violation of |
31 | probation or community control be detained while awaiting |
32 | a hearing on the violation; providing an effective date. |
33 |
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34 | Be It Enacted by the Legislature of the State of Florida: |
35 |
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36 | Section 1. Subsection (2) of section 947.22, Florida |
37 | Statutes, is amended to read: |
38 | 947.22 Authority to arrest parole violators with or |
39 | without warrant.-- |
40 | (2) Any parole and probation officer, when she or he has |
41 | reasonable ground to believe that a parolee, control releasee, |
42 | or conditional releasee has violated the terms and conditions of |
43 | her or his parole, control release, or conditional release in a |
44 | material respect, has the right to arrest, or to request any law |
45 | enforcement officer to arrest, the releasee or parolee without |
46 | warrant and bring her or him forthwith before one or more |
47 | commissioners or a duly authorized representative of the Parole |
48 | Commission or Control Release Authority; and proceedings shall |
49 | thereupon be had as provided herein when a warrant has been |
50 | issued by a member of the commission or authority or a duly |
51 | authorized representative of the commission or authority. Local |
52 | law enforcement officers shall assist the probation officer, |
53 | upon request, in making a warrantless arrest, taking the |
54 | releasee or parolee into custody, and transporting the releasee |
55 | or parolee to the county jail. |
56 | Section 2. Paragraph (a) of subsection (1) of section |
57 | 948.06, Florida Statutes, is amended to read: |
58 | 948.06 Violation of probation or community control; |
59 | revocation; modification; continuance; failure to pay |
60 | restitution or cost of supervision.-- |
61 | (1)(a)1. Whenever within the period of probation or |
62 | community control there are reasonable grounds to believe that a |
63 | probationer or offender in community control has violated his or |
64 | her probation or community control in a material respect, any |
65 | law enforcement officer who is aware of the probationary or |
66 | community control status of the probationer or offender in |
67 | community control or any parole or probation supervisor may |
68 | arrest or request any county or municipal law enforcement |
69 | officer to arrest the such probationer or offender without |
70 | warrant wherever found and forthwith return him or her to the |
71 | court granting such probation or community control. Local law |
72 | enforcement officers shall assist the probation officer, upon |
73 | request, in making a warrantless arrest, taking the probationer |
74 | or offender into custody, and transporting the probationer or |
75 | offender to the county jail. |
76 | 2. Within the period of probation or community control, |
77 | whenever there are reasonable grounds to believe that a |
78 | probationer or offender in community control has violated his or |
79 | her probation or community control in a material respect, any |
80 | law enforcement officer or parole or probation supervisor who is |
81 | aware of the probationary or community control status of the |
82 | probationer or offender in community control and who is aware |
83 | that the probationer or offender has a history of convictions |
84 | for violence shall arrest the probationer or offender without |
85 | warrant wherever found and forthwith return him or her to the |
86 | court granting the probation or community control. Local law |
87 | enforcement officers shall assist the probation officer, upon |
88 | request, in making a warrantless arrest, taking the probationer |
89 | or offender into custody, and transporting the probationer or |
90 | offender to the county jail. |
91 | Section 3. Section 948.061, Florida Statutes, is created |
92 | to read: |
93 | 948.061 Identifying, assessing, and monitoring certain |
94 | high-risk offenders on community supervision; providing |
95 | cumulative criminal and supervision histories to the court.-- |
96 | (1) By December 1, 2005, the department shall develop a |
97 | graduated risk assessment and alert system that continuously |
98 | identifies, assesses, and closely monitors offenders who are |
99 | placed on probation or in community control and who: |
100 | (a) Have previously been placed on probation or in |
101 | community control and have a history of committing multiple |
102 | violations of community supervision in this state or in any |
103 | other jurisdiction or have previously been incarcerated in this |
104 | state or in any other jurisdiction; and |
105 | (b) Have experienced more than one of the following risk |
106 | factors that could potentially make the offender more likely to |
107 | pose a danger to others: |
108 | 1. Attempted suicide or severe depression; |
109 | 2. Marital instability or a history of domestic violence; |
110 | 3. A history of substance abuse; |
111 | 4. Unemployment or substantial financial difficulties; |
112 | 5. A history of violence, particularly involving |
113 | strangers; or |
114 | 6. Any other risk factor identified by the department. |
115 | (2) Recognizing that an offender having an extensive |
116 | criminal history and multiple risk factors may pose a serious |
117 | threat to the community, the department shall consider the |
118 | cumulative impact of these risk factors and, if necessary, place |
119 | an offender on an elevated alert status and provide a high level |
120 | of supervision for the offender until the situation stabilizes |
121 | and the department no longer believes that the offender poses a |
122 | threat to others. In providing such supervision and |
123 | surveillance, the department shall increase the number of office |
124 | and home visits conducted by the correctional probation officer; |
125 | expand the number of and type of employment, family, community, |
126 | and neighborhood contacts by the correctional probation officer; |
127 | increase referrals to available community mental health |
128 | facilities and community assistance programs; develop emergency |
129 | communication plans and alert systems for law enforcement |
130 | agencies and the court in order to quickly detain the offender |
131 | in response to a violation; and prioritize departmental |
132 | resources in order to more closely monitor the offender's |
133 | activities in an effort to prevent escalating criminal behavior. |
134 | (3) In providing criminal history and background |
135 | information to the court, the correctional probation officer |
136 | shall provide in each report submitted to the court and at each |
137 | hearing before the court a clear, complete, and concise |
138 | cumulative and integrated chronology of the offender's criminal |
139 | history and prior terms of probation or community control, |
140 | including all substantive or technical violations of probation |
141 | or community control. |
142 | Section 4. Section 948.062, Florida Statutes, is created |
143 | to read: |
144 | 948.062 Reviewing and reporting serious offenses committed |
145 | by offenders placed on probation or community control.-- |
146 | (1) The department shall review the circumstances related |
147 | to offenders placed on probation or community control who have |
148 | been arrested while on supervision for the following offenses: |
149 | (a) Any murder as provided in s. 782.04; |
150 | (b) Any sexual battery as provided in s. 794.011 or s. |
151 | 794.023; |
152 | (c) Any sexual performance by a child as provided in s. |
153 | 827.071; |
154 | (d) Any kidnapping, false imprisonment, or luring of a |
155 | child as provided in s. 787.01, s. 787.02, or s. 787.025; |
156 | (e) Any lewd and lascivious battery or lewd and lascivious |
157 | molestation as provided in s. 800.04(4) or s. 800.04(5); |
158 | (f) Any aggravated child abuse as provided in s. |
159 | 827.03(2); |
160 | (g) Any robbery with a firearm or other deadly weapon, |
161 | home invasion robbery, or carjacking as provided in s. |
162 | 812.13(2)(a), s. 812.135, or s. 812.133; |
163 | (h) Any aggravated stalking as provided in s. 784.048(3), |
164 | (4), or (5); |
165 | (i) Any forcible felony as provided in s. 776.08 committed |
166 | by any person on probation or community control who is |
167 | designated as a sexual predator; or |
168 | (j) Any DUI manslaughter as provided in s. 316.193(3)(c), |
169 | or vehicular or vessel homicide as provided in s. 782.071 or s. |
170 | 782.072, committed by any person who is on probation or |
171 | community control for an offense involving death or injury |
172 | resulting from a driving incident. |
173 |
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174 | The review shall document whether the supervision of the |
175 | offender met enumerated rules, policies, and procedures and |
176 | whether supervision practices were followed. |
177 | (2) The department shall annually provide these reviews to |
178 | the Office of Program Policy Analysis and Government |
179 | Accountability. The Office of Program Policy Analysis and |
180 | Government Accountability shall analyze these reviews and |
181 | provide an annual written report to the President of the Senate |
182 | and the Speaker of the House of Representatives. The report must |
183 | include, at a minimum, any identified systemic deficiencies in |
184 | managing high-risk offenders on community supervision and the |
185 | judicial disposition of such offenders; any patterns of |
186 | noncompliance by correctional probation officers and any |
187 | inconsistent or inefficient judicial case processing for |
188 | offenders who have violated community supervision; and |
189 | recommendations for improving the community supervision program. |
190 | Section 5. (1) The 2005 Legislature closely examined |
191 | chapter 948, Florida Statutes, to address certain critical |
192 | public safety concerns and substantive policy issues involving |
193 | offenders who violate probation or community control. The |
194 | Legislature has carefully scrutinized the effectiveness of the |
195 | state's community supervision system and concluded that the |
196 | system should increase the level of supervision of high-risk |
197 | offenders who violate probation or community control. The |
198 | Legislature finds that offenders having extensive criminal |
199 | histories and multiple risk factors may pose a serious threat to |
200 | the community. In addition, the Legislature finds that the |
201 | system should consider the cumulative impact of the offenders' |
202 | histories and risk factors and quickly detain offenders alleged |
203 | to be in violation of probation or community control in order to |
204 | protect the public and prevent escalating criminal behavior. |
205 | (2)(a) Therefore, the Legislature strongly urges the |
206 | Florida Supreme Court to amend the concomitant Rule of Criminal |
207 | Procedure that sets forth the procedures for the lower courts to |
208 | follow when considering bail in cases of violations of probation |
209 | or community control. |
210 | (b) As the Florida Supreme Court opined in Bernhardt v. |
211 | State, 288 So.2d 490 (Fla. 1974), release on bail pending a |
212 | revocation-of-probation hearing is not a constitutional right. |
213 | However, the Legislature recognizes that it is the prerogative |
214 | of the Florida Supreme Court to act in the area of practice and |
215 | procedure. The Legislature, therefore, recommends that the |
216 | Florida Supreme Court consider revising Rule 3.790, Florida |
217 | Rules of Criminal Procedure, regarding bail in certain cases |
218 | involving a violation of probation or community control. |
219 | (c) Specifically, the Florida Supreme Court is requested |
220 | to amend its rule to require that a probationer or community |
221 | controllee who is arrested on an alleged violation, regardless |
222 | of adjudication in the underlying offense, be detained while |
223 | awaiting a hearing before the court that granted the probation |
224 | or community control, if the offense for which the probationer |
225 | or community controllee is currently on probation or community |
226 | control is a forcible felony or if the probationer or community |
227 | controllee has previously been convicted of a forcible felony as |
228 | provided in s. 776.08, Florida Statutes. |
229 | Section 6. This act shall take effect upon becoming a law. |