Senate Bill sb0172

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    Florida Senate - 2005                                   SB 172

    By Senator Lynn





    7-160-05

  1                      A bill to be entitled

  2         An act relating to probation and community

  3         control; amending s. 947.22, F.S.; requiring

  4         law enforcement officers to assist probation

  5         officers in making warrantless arrests;

  6         amending s. 948.06, F.S.; requiring law

  7         enforcement officers to assist probation

  8         officers in making warrantless arrests;

  9         requiring law enforcement and probation

10         officers to arrest a probationer or offender if

11         the officer has reasonable grounds to believe

12         that the probationer or offender has violated

13         his or her probation or community control and

14         if the officer is aware that the probationer or

15         offender has a history of convictions for

16         violence; creating s. 948.061, F.S.; requiring

17         the Department of Corrections to develop a risk

18         assessment and alert system to monitor certain

19         offenders placed on probation or community

20         control; requiring increased supervision of

21         such offenders under certain circumstances;

22         requiring that information be provided to the

23         court by the correctional probation officer;

24         creating s. 948.062, F.S.; requiring the

25         Department of Corrections to review the

26         circumstances of certain arrests of offenders

27         on probation or community control; requiring

28         the Office of Program Policy Analysis and

29         Government Accountability to analyze the

30         reviews and report to the President of the

31         Senate and the Speaker of the House of

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    Florida Senate - 2005                                   SB 172
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 1         Representatives; providing legislative findings

 2         with respect to the necessity for increased

 3         supervision of high-risk offenders who violate

 4         community supervision; requesting that the

 5         Supreme Court amend a Rule of Criminal

 6         Procedure to require that certain offenders

 7         arrested for a violation of probation or

 8         community control be detained while awaiting a

 9         hearing on the violation; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsection (2) of section 947.22, F.S., is

15  amended to read:

16         947.22  Authority to arrest parole violators with or

17  without warrant.--

18         (2)  Any parole and probation officer, when she or he

19  has reasonable ground to believe that a parolee, control

20  releasee, or conditional releasee has violated the terms and

21  conditions of her or his parole, control release, or

22  conditional release in a material respect, has the right to

23  arrest, or to request any law enforcement officer to arrest,

24  the releasee or parolee without warrant and bring her or him

25  forthwith before one or more commissioners or a duly

26  authorized representative of the Parole Commission or Control

27  Release Authority; and proceedings shall thereupon be had as

28  provided herein when a warrant has been issued by a member of

29  the commission or authority or a duly authorized

30  representative of the commission or authority. Local law

31  enforcement officers shall assist the probation officer, upon

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    Florida Senate - 2005                                   SB 172
    7-160-05




 1  request, in making a warrantless arrest, taking the releasee

 2  or parolee into custody, and transporting the releasee or

 3  parolee to the county jail.

 4         Section 2.  Paragraph (a) of subsection (1) of section

 5  948.06, Florida Statutes, is amended to read:

 6         948.06  Violation of probation or community control;

 7  revocation; modification; continuance; failure to pay

 8  restitution or cost of supervision.--

 9         (1)(a)1.  Whenever within the period of probation or

10  community control there are reasonable grounds to believe that

11  a probationer or offender in community control has violated

12  his or her probation or community control in a material

13  respect, any law enforcement officer who is aware of the

14  probationary or community control status of the probationer or

15  offender in community control or any parole or probation

16  supervisor may arrest or request any county or municipal law

17  enforcement officer to arrest the such probationer or offender

18  without warrant wherever found and forthwith return him or her

19  to the court granting such probation or community control.

20  Local law enforcement officers shall assist the probation

21  officer, upon request, in making a warrantless arrest, taking

22  the probationer or offender into custody, and transporting the

23  probation or offender to the county jail.

24         2.  Whenever within the period of probation or

25  community control there are reasonable grounds to believe that

26  a probationer or offender in community control has violated

27  his or her probation or community control in a material

28  respect, any law enforcement officer or parole or probation

29  supervisor who is aware of the probationary or community

30  control status of the probationer or offender in community

31  control and who is aware that the probationer or offender has

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    Florida Senate - 2005                                   SB 172
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 1  a history of convictions for violence shall arrest the

 2  probationer or offender without warrant wherever found and

 3  forthwith return him or her to the court granting the

 4  probation or community control. Local law enforcement officers

 5  shall assist the probation officer, upon request, in making a

 6  warrantless arrest, taking the probationer or offender into

 7  custody, and transporting the probationer or offender to the

 8  county jail.

 9         Section 3.  Section 948.061, Florida Statutes, is

10  created to read:

11         948.061  Identifying, assessing, and monitoring certain

12  high-risk offenders on community supervision; providing

13  cumulative criminal and supervision histories to the court.--

14         (1)  By December 1, 2005, the department shall develop

15  a graduated risk assessment and alert system that continuously

16  identifies, assesses, and closely monitors offenders who are

17  placed on probation or in community control and who:

18         (a)  Have previously been placed on probation or in

19  community control and have a history of committing multiple

20  violations of community supervision in this state or in any

21  other jurisdiction or have previously been incarcerated in

22  this state or in any other jurisdiction; and

23         (b)  Have experienced more than one of the following

24  risk factors that could potentially make the offender more

25  likely to pose a danger to others:

26         1.  Attempted suicide or severe depression;

27         2.  Marital instability or a history of domestic

28  violence;

29         3.  A history of substance abuse;

30         4.  Unemployment or substantial financial difficulties;

31  

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 1         5.  A history of violence, particularly involving

 2  strangers; or

 3         6.  Any other risk factor identified by the department.

 4         (2)  Recognizing that an offender having an extensive

 5  criminal history and multiple risk factors may pose a serious

 6  threat to the community, the department shall consider the

 7  cumulative impact of these risk factors and, if necessary,

 8  place an offender on an elevated alert status and provide a

 9  high level of supervision for the offender until the situation

10  stabilizes and the department no longer believes that the

11  offender poses a threat to others. In providing such

12  supervision and surveillance, the department shall increase

13  the number of office and home visits conducted by the

14  correctional probation officer; expand the number of and type

15  of employment, family, community, and neighborhood contacts by

16  the correctional probation officer; increase referrals to

17  available community mental health facilities and community

18  assistance programs; develop emergency communication plans and

19  alert systems for law enforcement agencies and the court in

20  order to quickly detain the offender in response to a

21  violation; and prioritize departmental resources in order to

22  more closely monitor the offender's activities in an effort to

23  prevent escalating criminal behavior.

24         (3)  In providing criminal history and background

25  information to the court, the correctional probation officer

26  shall provide in each report submitted to the court and at

27  each hearing before the court a clear, complete, and concise

28  cumulative and integrated chronology of the offender's

29  criminal history and prior terms of probation or community

30  control, including all substantive or technical violations of

31  probation or community control.

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 1         Section 4.  Section 948.062, Florida Statutes, is

 2  created to read:

 3         948.062  Reviewing and reporting serious offenses

 4  committed by offenders placed on probation or community

 5  control.--

 6         (1)  The department shall review the circumstances

 7  related to offenders placed on probation or community control

 8  who have been arrested while on supervision for the following

 9  offenses:

10         (a)  Any murder as provided in s. 782.04;

11         (b)  Any sexual battery as provided in s. 794.011 or s.

12  794.023;

13         (c)  Any sexual performance by a child as provided in

14  s. 827.071;

15         (d)  Any kidnapping, false imprisonment, or luring of a

16  child as provided in s. 787.01, s. 782.07, or s. 787.025;

17         (e)  Any lewd and lascivious battery or lewd and

18  lascivious molestation as provided in s. 800.04(4) or s.

19  800.04(5);

20         (f)  Any aggravated child abuse as provided in s.

21  827.03(2);

22         (g)  Any robbery with a firearm or other deadly weapon,

23  home invasion robbery, or carjacking as provided in s.

24  812.13(2)(a), s. 812.135, or s. 812.133;

25         (h)  Any aggravated stalking as provided in s.

26  784.048(3), (4), or (5);

27         (i)  Any forcible felony as provided in s. 776.08,

28  committed by any person on probation or community control who

29  is designated as a sexual predator; or

30         (j)  Any DUI manslaughter as provided in s.

31  316.193(3)(c), or vehicular or vessel homicide as provided in

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    Florida Senate - 2005                                   SB 172
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 1  s. 782.071 or s. 787.072, committed by any person who is on

 2  probation or community control for an offense involving death

 3  or injury resulting from a driving incident.

 4  

 5  The review shall document whether the supervision of the

 6  offender met enumerated rules, policies, and procedures and

 7  whether supervision practices were followed.

 8         (2)  The department shall annually provide these

 9  reviews to the Office of Program Policy Analysis and

10  Government Accountability. The Office of Program Policy

11  Analysis and Government Accountability shall analyze these

12  reviews and provide an annual written report to the President

13  of the Senate and the Speaker of the House of Representatives.

14  The report must include, at a minimum, any identified systemic

15  deficiencies in managing high-risk offenders on community

16  supervision and the judicial disposition of such offenders;

17  any patterns of noncompliance by correctional probation

18  officers and any inconsistent or inefficient judicial case

19  processing for offenders who have violated community

20  supervision; and recommendations for improving the community

21  supervision program.

22         Section 5.  (1)  The 2005 Legislature closely examined

23  chapter 948, Florida Statutes, to address certain critical

24  public safety concerns and substantive policy issues involving

25  offenders who violate probation or community control. The

26  Legislature has carefully scrutinized the effectiveness of the

27  state's community supervision system and concluded that the

28  system should increase the level of supervision of high-risk

29  offenders who violate probation or community control. The

30  Legislature finds that offenders having extensive criminal

31  histories and multiple risk factors may pose a serious threat

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    Florida Senate - 2005                                   SB 172
    7-160-05




 1  to the community. In addition, the Legislature finds that the

 2  system should consider the cumulative impact of the offenders'

 3  histories and risk factors and quickly detain offenders

 4  alleged to be in violation of probation or community control

 5  in order to protect the public and prevent escalating criminal

 6  behavior.

 7         (2)(a)  Therefore, the Legislature strongly urges the

 8  Florida Supreme Court to amend the concomitant Rule of

 9  Criminal Procedure that sets forth the procedures for the

10  lower courts to follow when considering bail in cases of

11  violations of probation or community control.

12         (b)  As the Florida Supreme Court opined in Bernhardt

13  v. State, 288 So. 490 (Fla. 1974), release on bail pending a

14  revocation-of-probation hearing is not a constitutional right.

15  However, the Legislature recognizes that it is the prerogative

16  of the Florida Supreme Court to act in the area of practice

17  and procedure. The Legislature, therefore, recommends that the

18  Florida Supreme Court consider revising Rule 3.790, Florida

19  Rules of Criminal Procedure, regarding bail in certain cases

20  involving a violation of probation or community control.

21         (c)  Specifically, the Florida Supreme Court is

22  requested to amend its rule to require that a probationer or

23  community controllee who is arrested on an alleged violation,

24  regardless of adjudication in the underlying offense, be

25  detained while awaiting a hearing before the court that

26  granted the probation or community control, if the offense for

27  which the probationer or community controllee is currently on

28  probation or community control is a forcible felony or if the

29  probationer or community controllee has previously been

30  convicted of a forcible felony as provided in section 776.08,

31  Florida Statutes.

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    Florida Senate - 2005                                   SB 172
    7-160-05




 1         Section 6.  This act shall take effect upon becoming a

 2  law.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Requires law enforcement officers to assist probation
      officers in making warrantless arrests. Directs a law
 7    enforcement officer or probation officer to arrest a
      probationer or offender if the officer has reasonable
 8    grounds to believe that the probationer or offender has
      violated his or her probation or community control and
 9    the officer is aware that the probationer or offender has
      a history of convictions for violence. Directs the
10    Department of Corrections to develop a risk assessment
      and alert system to monitor certain offenders placed on
11    probation or community control. Requires increased
      supervision of offenders under certain circumstances.
12    Requires that information be provided to the court by the
      correctional probation officer. Directs the Department of
13    Corrections to review the circumstances of certain
      arrests of offenders on probation or community control.
14    Directs the Office of Program Policy Analysis and
      Government Accountability to analyze the reviews and
15    report to the Legislature. Provides legislative findings
      with respect to the necessity for increased supervision
16    of high-risk offenders who violate community supervision.
      Requests the Florida Supreme Court to amend a Rule of
17    Criminal Procedure to require that certain offenders
      arrested for a violation of probation or community
18    control be detained while awaiting a hearing on the
      violation.
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