| 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. |