HB 1385

1
A bill to be entitled
2An act relating to probation and community control;
3amending s. 947.22, F.S.; requiring law enforcement
4officers to assist probation officers in making
5warrantless arrests; amending s. 948.06, F.S.; requiring
6law enforcement officers to assist probation officers in
7making warrantless arrests; requiring law enforcement and
8probation officers to arrest a probationer or offender if
9the officer has reasonable grounds to believe that the
10probationer or offender has violated his or her probation
11or community control and if the officer is aware that the
12probationer or offender has a history of convictions for
13violence; creating s. 948.061, F.S.; requiring the
14Department of Corrections to develop a risk assessment and
15alert system to monitor certain offenders placed on
16probation or community control; requiring increased
17supervision of such offenders under certain circumstances;
18requiring that certain information be provided to the
19court by the correctional probation officer; creating s.
20948.062, F.S.; requiring the Department of Corrections to
21review the circumstances of certain arrests of offenders
22on probation or community control; requiring the Office of
23Program Policy Analysis and Government Accountability to
24analyze the reviews and report to the President of the
25Senate and the Speaker of the House of Representatives;
26providing legislative findings with respect to the
27necessity for increased supervision of high-risk offenders
28who violate community supervision; requesting that the
29Supreme Court amend a Rule of Criminal Procedure to
30require that certain offenders arrested for a violation of
31probation or community control be detained while awaiting
32a hearing on the violation; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Subsection (2) of section 947.22, Florida
37Statutes, is amended to read:
38     947.22  Authority to arrest parole violators with or
39without warrant.--
40     (2)  Any parole and probation officer, when she or he has
41reasonable ground to believe that a parolee, control releasee,
42or conditional releasee has violated the terms and conditions of
43her or his parole, control release, or conditional release in a
44material respect, has the right to arrest, or to request any law
45enforcement officer to arrest, the releasee or parolee without
46warrant and bring her or him forthwith before one or more
47commissioners or a duly authorized representative of the Parole
48Commission or Control Release Authority; and proceedings shall
49thereupon be had as provided herein when a warrant has been
50issued by a member of the commission or authority or a duly
51authorized representative of the commission or authority. Local
52law enforcement officers shall assist the probation officer,
53upon request, in making a warrantless arrest, taking the
54releasee or parolee into custody, and transporting the releasee
55or parolee to the county jail.
56     Section 2.  Paragraph (a) of subsection (1) of section
57948.06, Florida Statutes, is amended to read:
58     948.06  Violation of probation or community control;
59revocation; modification; continuance; failure to pay
60restitution or cost of supervision.--
61     (1)(a)1.  Whenever within the period of probation or
62community control there are reasonable grounds to believe that a
63probationer or offender in community control has violated his or
64her probation or community control in a material respect, any
65law enforcement officer who is aware of the probationary or
66community control status of the probationer or offender in
67community control or any parole or probation supervisor may
68arrest or request any county or municipal law enforcement
69officer to arrest the such probationer or offender without
70warrant wherever found and forthwith return him or her to the
71court granting such probation or community control. Local law
72enforcement officers shall assist the probation officer, upon
73request, in making a warrantless arrest, taking the probationer
74or offender into custody, and transporting the probationer or
75offender to the county jail.
76     2.  Within the period of probation or community control,
77whenever there are reasonable grounds to believe that a
78probationer or offender in community control has violated his or
79her probation or community control in a material respect, any
80law enforcement officer or parole or probation supervisor who is
81aware of the probationary or community control status of the
82probationer or offender in community control and who is aware
83that the probationer or offender has a history of convictions
84for violence shall arrest the probationer or offender without
85warrant wherever found and forthwith return him or her to the
86court granting the probation or community control. Local law
87enforcement officers shall assist the probation officer, upon
88request, in making a warrantless arrest, taking the probationer
89or offender into custody, and transporting the probationer or
90offender to the county jail.
91     Section 3.  Section 948.061, Florida Statutes, is created
92to read:
93     948.061  Identifying, assessing, and monitoring certain
94high-risk offenders on community supervision; providing
95cumulative criminal and supervision histories to the court.--
96     (1)  By December 1, 2005, the department shall develop a
97graduated risk assessment and alert system that continuously
98identifies, assesses, and closely monitors offenders who are
99placed on probation or in community control and who:
100     (a)  Have previously been placed on probation or in
101community control and have a history of committing multiple
102violations of community supervision in this state or in any
103other jurisdiction or have previously been incarcerated in this
104state or in any other jurisdiction; and
105     (b)  Have experienced more than one of the following risk
106factors that could potentially make the offender more likely to
107pose 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
113strangers; or
114     6.  Any other risk factor identified by the department.
115     (2)  Recognizing that an offender having an extensive
116criminal history and multiple risk factors may pose a serious
117threat to the community, the department shall consider the
118cumulative impact of these risk factors and, if necessary, place
119an offender on an elevated alert status and provide a high level
120of supervision for the offender until the situation stabilizes
121and the department no longer believes that the offender poses a
122threat to others. In providing such supervision and
123surveillance, the department shall increase the number of office
124and home visits conducted by the correctional probation officer;
125expand the number of and type of employment, family, community,
126and neighborhood contacts by the correctional probation officer;
127increase referrals to available community mental health
128facilities and community assistance programs; develop emergency
129communication plans and alert systems for law enforcement
130agencies and the court in order to quickly detain the offender
131in response to a violation; and prioritize departmental
132resources in order to more closely monitor the offender's
133activities in an effort to prevent escalating criminal behavior.
134     (3)  In providing criminal history and background
135information to the court, the correctional probation officer
136shall provide in each report submitted to the court and at each
137hearing before the court a clear, complete, and concise
138cumulative and integrated chronology of the offender's criminal
139history and prior terms of probation or community control,
140including all substantive or technical violations of probation
141or community control.
142     Section 4.  Section 948.062, Florida Statutes, is created
143to read:
144     948.062  Reviewing and reporting serious offenses committed
145by offenders placed on probation or community control.--
146     (1)  The department shall review the circumstances related
147to offenders placed on probation or community control who have
148been 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.
151794.023;
152     (c)  Any sexual performance by a child as provided in s.
153827.071;
154     (d)  Any kidnapping, false imprisonment, or luring of a
155child as provided in s. 787.01, s. 787.02, or s. 787.025;
156     (e)  Any lewd and lascivious battery or lewd and lascivious
157molestation as provided in s. 800.04(4) or s. 800.04(5);
158     (f)  Any aggravated child abuse as provided in s.
159827.03(2);
160     (g)  Any robbery with a firearm or other deadly weapon,
161home invasion robbery, or carjacking as provided in s.
162812.13(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
166by any person on probation or community control who is
167designated as a sexual predator; or
168     (j)  Any DUI manslaughter as provided in s. 316.193(3)(c),
169or vehicular or vessel homicide as provided in s. 782.071 or s.
170782.072, committed by any person who is on probation or
171community control for an offense involving death or injury
172resulting from a driving incident.
173
174The review shall document whether the supervision of the
175offender met enumerated rules, policies, and procedures and
176whether supervision practices were followed.
177     (2)  The department shall annually provide these reviews to
178the Office of Program Policy Analysis and Government
179Accountability. The Office of Program Policy Analysis and
180Government Accountability shall analyze these reviews and
181provide an annual written report to the President of the Senate
182and the Speaker of the House of Representatives. The report must
183include, at a minimum, any identified systemic deficiencies in
184managing high-risk offenders on community supervision and the
185judicial disposition of such offenders; any patterns of
186noncompliance by correctional probation officers and any
187inconsistent or inefficient judicial case processing for
188offenders who have violated community supervision; and
189recommendations for improving the community supervision program.
190     Section 5.  (1)  The 2005 Legislature closely examined
191chapter 948, Florida Statutes, to address certain critical
192public safety concerns and substantive policy issues involving
193offenders who violate probation or community control. The
194Legislature has carefully scrutinized the effectiveness of the
195state's community supervision system and concluded that the
196system should increase the level of supervision of high-risk
197offenders who violate probation or community control. The
198Legislature finds that offenders having extensive criminal
199histories and multiple risk factors may pose a serious threat to
200the community. In addition, the Legislature finds that the
201system should consider the cumulative impact of the offenders'
202histories and risk factors and quickly detain offenders alleged
203to be in violation of probation or community control in order to
204protect the public and prevent escalating criminal behavior.
205     (2)(a)  Therefore, the Legislature strongly urges the
206Florida Supreme Court to amend the concomitant Rule of Criminal
207Procedure that sets forth the procedures for the lower courts to
208follow when considering bail in cases of violations of probation
209or community control.
210     (b)  As the Florida Supreme Court opined in Bernhardt v.
211State, 288 So.2d 490 (Fla. 1974), release on bail pending a
212revocation-of-probation hearing is not a constitutional right.
213However, the Legislature recognizes that it is the prerogative
214of the Florida Supreme Court to act in the area of practice and
215procedure. The Legislature, therefore, recommends that the
216Florida Supreme Court consider revising Rule 3.790, Florida
217Rules of Criminal Procedure, regarding bail in certain cases
218involving a violation of probation or community control.
219     (c)  Specifically, the Florida Supreme Court is requested
220to amend its rule to require that a probationer or community
221controllee who is arrested on an alleged violation, regardless
222of adjudication in the underlying offense, be detained while
223awaiting a hearing before the court that granted the probation
224or community control, if the offense for which the probationer
225or community controllee is currently on probation or community
226control is a forcible felony or if the probationer or community
227controllee has previously been convicted of a forcible felony as
228provided in s. 776.08, Florida Statutes.
229     Section 6.  This act shall take effect upon becoming a law.


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