HB 1385CS

CHAMBER ACTION



1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to probation and community control;
7amending s. 947.22, F.S.; requiring law enforcement
8officers, to the extent possible, to assist probation
9officers in making warrantless arrests; amending s.
10948.06, F.S.; requiring law enforcement officers, to the
11extent possible, to assist probation officers in making
12warrantless arrests; requiring law enforcement and
13probation officers to arrest a probationer or offender if
14the officer has reasonable grounds to believe that the
15probationer or offender has violated his or her probation
16or community control and if the officer is aware that the
17probationer or offender has a history of convictions for
18violence; creating s. 948.061, F.S.; requiring the
19Department of Corrections to develop a risk assessment and
20alert system to monitor certain offenders placed on
21probation or community control; requiring increased
22supervision of such offenders under certain circumstances;
23requiring that certain information be provided to the
24court by the correctional probation officer; authorizing
25rulemaking; creating s. 948.062, F.S.; requiring the
26Department of Corrections to review the circumstances of
27certain arrests of offenders on probation or community
28control; requiring the Office of Program Policy Analysis
29and Government Accountability to analyze the reviews and
30report to the President of the Senate and the Speaker of
31the House of Representatives; providing legislative
32findings with respect to the necessity for increased
33supervision of high-risk offenders who violate community
34supervision; requesting that the Supreme Court amend a
35Rule of Criminal Procedure to require that certain
36offenders arrested for a violation of probation or
37community control be detained while awaiting a hearing on
38the violation; providing that implementation of the act is
39not contingent upon an appropriation; providing an
40effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Subsection (2) of section 947.22, Florida
45Statutes, is amended to read:
46     947.22  Authority to arrest parole violators with or
47without warrant.--
48     (2)  Any parole and probation officer, when she or he has
49reasonable ground to believe that a parolee, control releasee,
50or conditional releasee has violated the terms and conditions of
51her or his parole, control release, or conditional release in a
52material respect, has the right to arrest, or to request any law
53enforcement officer to arrest, the releasee or parolee without
54warrant and bring her or him forthwith before one or more
55commissioners or a duly authorized representative of the Parole
56Commission or Control Release Authority; and proceedings shall
57thereupon be had as provided herein when a warrant has been
58issued by a member of the commission or authority or a duly
59authorized representative of the commission or authority. To the
60extent possible, local law enforcement officers shall assist the
61probation officer, upon request, in making a warrantless arrest,
62taking the releasee or parolee into custody, and transporting
63the releasee or parolee to the county jail.
64     Section 2.  Paragraph (a) of subsection (1) of section
65948.06, Florida Statutes, is amended to read:
66     948.06  Violation of probation or community control;
67revocation; modification; continuance; failure to pay
68restitution or cost of supervision.--
69     (1)(a)1.  Whenever within the period of probation or
70community control there are reasonable grounds to believe that a
71probationer or offender in community control has violated his or
72her probation or community control in a material respect, any
73law enforcement officer who is aware of the probationary or
74community control status of the probationer or offender in
75community control or any parole or probation supervisor may
76arrest or request any county or municipal law enforcement
77officer to arrest the such probationer or offender without
78warrant wherever found and forthwith return him or her to the
79court granting such probation or community control. To the
80extent possible, local law enforcement officers shall assist the
81probation officer, upon request, in making a warrantless arrest,
82taking the probationer or offender into custody, and
83transporting the probationer or offender to the county jail.
84     2.  Whenever within the period of probation or community
85control there are reasonable grounds to believe that a
86probationer or offender in community control has violated his or
87her probation or community control in a material respect, any
88law enforcement officer or parole or probation supervisor who is
89aware of the probationary or community control status of the
90probationer or offender in community control and who is aware
91that the probationer or offender has a history of convictions
92for violence shall arrest the probationer or offender without
93warrant wherever found and forthwith return him or her to the
94court granting the probation or community control. To the extent
95possible, local law enforcement officers shall assist the
96probation officer, upon request, in making a warrantless arrest,
97taking the probationer or offender into custody, and
98transporting the probationer or offender to the county jail.
99     Section 3.  Section 948.061, Florida Statutes, is created
100to read:
101     948.061  Identifying, assessing, and monitoring certain
102high-risk offenders on community supervision; providing
103cumulative criminal and supervision histories to the court.--
104     (1)  By December 1, 2005, the department shall develop a
105graduated risk assessment and alert system that continuously
106identifies, assesses, and closely monitors offenders who are
107placed on probation or in community control and who:
108     (a)  Have previously been placed on probation or in
109community control and have a history of committing multiple
110violations of community supervision in this state or in any
111other jurisdiction or have previously been incarcerated in this
112state or in any other jurisdiction; and
113     (b)  Have experienced more than one of the following risk
114factors that could potentially make the offender more likely to
115pose a danger to others:
116     1.  Attempted suicide or severe depression;
117     2.  Marital instability or a history of domestic violence;
118     3.  A history of substance abuse;
119     4.  Unemployment or substantial financial difficulties;
120     5.  A history of violence, particularly involving
121strangers; or
122     6.  Any other risk factor identified by the department.
123     (2)  Recognizing that an offender having an extensive
124criminal history and multiple risk factors may pose a serious
125threat to the community, the department shall consider the
126cumulative impact of these risk factors and, if necessary, place
127an offender on an elevated alert status and provide a high level
128of supervision for the offender until the situation stabilizes
129and the department no longer believes that the offender poses a
130threat to others. In providing such supervision and
131surveillance, the department shall increase the number of office
132and home visits conducted by the correctional probation officer;
133expand the number of and type of employment, family, community,
134and neighborhood contacts by the correctional probation officer;
135increase referrals to available community mental health
136facilities and community assistance programs; develop emergency
137communication plans and alert systems for law enforcement
138agencies and the court in order to quickly detain the offender
139in response to a violation; and prioritize departmental
140resources in order to more closely monitor the offender's
141activities in an effort to prevent escalating criminal behavior.
142     (3)  In providing criminal history and background
143information to the court for these high-risk offenders, the
144correctional probation officer shall provide in each report
145submitted to the court and at each hearing before the court a
146clear, complete, and concise cumulative and integrated
147chronology of the offender's criminal history and prior terms of
148probation or community control, including all substantive or
149technical violations of probation or community control.
150     (4)  The department may adopt rules as necessary to
151administer this section.
152     Section 4.  Section 948.062, Florida Statutes, is created
153to read:
154     948.062  Reviewing and reporting serious offenses committed
155by offenders placed on probation or community control.--
156     (1)  The department shall review the circumstances related
157to offenders placed on probation or community control who have
158been arrested while on supervision for the following offenses:
159     (a)  Any murder as provided in s. 782.04;
160     (b)  Any sexual battery as provided in s. 794.011 or s.
161794.023;
162     (c)  Any sexual performance by a child as provided in s.
163827.071;
164     (d)  Any kidnapping, false imprisonment, or luring of a
165child as provided in s. 787.01, s. 787.02, or s. 787.025;
166     (e)  Any lewd and lascivious battery or lewd and lascivious
167molestation as provided in s. 800.04(4) or (5);
168     (f)  Any aggravated child abuse as provided in s.
169827.03(2);
170     (g)  Any robbery with a firearm or other deadly weapon,
171carjacking, or home-invasion robbery as provided in s.
172812.13(2)(a), s. 812.133, or s. 812.135;
173     (h)  Any aggravated stalking as provided in s. 784.048(3),
174(4), or (5);
175     (i)  Any forcible felony as provided in s. 776.08 committed
176by any person on probation or community control who is
177designated as a sexual predator; or
178     (j)  Any DUI manslaughter as provided in s. 316.193(3)(c),
179or vehicular or vessel homicide as provided in s. 782.071 or s.
180782.072, committed by any person who is on probation or
181community control for an offense involving death or injury
182resulting from a driving incident.
183
184The review shall document whether the supervision of the
185offender met enumerated rules, policies, and procedures and
186whether supervision practices were followed.
187     (2)  The department shall provide these reviews to the
188Office of Program Policy Analysis and Government Accountability.
189The Office of Program Policy Analysis and Government
190Accountability shall analyze these reviews and provide a written
191report to the President of the Senate and the Speaker of the
192House of Representatives by March 1, 2006. The report must
193include, at a minimum, any identified systemic deficiencies in
194managing high-risk offenders on community supervision, any
195patterns of noncompliance by correctional probation officers,
196and any recommendations for improving the community supervision
197program.
198     Section 5.  (1)  The 2005 Legislature closely examined
199chapter 948, Florida Statutes, to address certain critical
200public safety concerns and substantive policy issues involving
201offenders who violate probation or community control. The
202Legislature has carefully scrutinized the effectiveness of the
203state's community supervision system and concluded that the
204system should increase the level of supervision of high-risk
205offenders who violate probation or community control. The
206Legislature finds that offenders having extensive criminal
207histories and multiple risk factors may pose a serious threat to
208the community. In addition, the Legislature finds that the
209system should consider the cumulative impact of the offenders'
210histories and risk factors and quickly detain offenders alleged
211to be in violation of probation or community control in order to
212protect the public and prevent escalating criminal behavior.
213     (2)(a)  Therefore, the Legislature strongly urges the
214Florida Supreme Court to amend the concomitant Rule of Criminal
215Procedure that sets forth the procedures for the lower courts to
216follow when considering bail in cases of violations of probation
217or community control.
218     (b)  As the Florida Supreme Court opined in Bernhardt v.
219State, 288 So.2d 490 (Fla. 1974), release on bail pending a
220revocation-of-probation hearing is not a constitutional right.
221However, the Legislature recognizes that it is the prerogative
222of the Florida Supreme Court to act in the area of practice and
223procedure. The Legislature, therefore, recommends that the
224Florida Supreme Court consider revising Rule 3.790, Florida
225Rules of Criminal Procedure, regarding bail in certain cases
226involving a violation of probation or community control.
227     (c)  Specifically, the Florida Supreme Court is requested
228to amend its rule to require that a probationer or community
229controllee who is arrested on an alleged violation, regardless
230of adjudication in the underlying offense, be detained while
231awaiting a hearing before the court that granted the probation
232or community control, if the offense for which the probationer
233or community controllee is currently on probation or community
234control is a forcible felony or if the probationer or community
235controllee has previously been convicted of a forcible felony as
236provided in s. 776.08, Florida Statutes.
237     Section 6.  This act is not contingent upon the
238appropriation of funds for its implementation.
239     Section 7.  This act shall take effect upon becoming a law.


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