Senate Bill sb0174

    Florida Senate - 2005                                   SB 174

    By Senator Lynn





    7-172-05

  1                      A bill to be entitled

  2         An act relating to probation and community

  3         control; creating s. 948.033, F.S.; providing

  4         that, as a term or condition of probation or

  5         community control, a person who is convicted of

  6         a felony or misdemeanor and who is placed on

  7         probation or into community control may not

  8         become or remain a criminal street gang member

  9         or associate with a person who is a criminal

10         street gang member, a criminal street gang

11         associate, or a member of a prison gang;

12         requiring a court to order intensive

13         supervision and surveillance for any offender

14         placed on probation or into community control

15         who is or was a criminal street gang member;

16         providing specified terms and conditions for

17         probation or community control; authorizing a

18         court to revoke probation if the offender fails

19         to comply with the terms and conditions of

20         probation or community control; directing the

21         Department of Corrections to notify certain

22         sheriffs when an offender identified as a

23         street gang member is released from

24         incarceration; directing the department to

25         develop and provide specialized training for

26         each parole and probation officer supervising

27         an offender who has been identified as a prison

28         gang member or a criminal street gang member;

29         providing an effective date.

30  

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

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    Florida Senate - 2005                                   SB 174
    7-172-05




 1         Section 1.  Section 948.033, Florida Statutes, is

 2  created to read:

 3         948.033  Condition of probation and community control;

 4  street gang membership or activities.--

 5         (1)  As a term or condition of probation or community

 6  control, a person who is convicted of a felony or misdemeanor

 7  may not become or remain a criminal street gang member, as

 8  defined in s. 874.03, and may not associate with a person who

 9  is a criminal street gang member, a criminal street gang

10  associate, or a prison gang member.

11         (2)  The court shall require intensive supervision and

12  surveillance for an offender placed on probation or into

13  community control who is or was a criminal street gang member,

14  which may include, but is not limited to:

15         1.  Specified contact with the parole and probation

16  officer.

17         2.  Confinement to an agreed-upon residence during

18  hours away from employment and public service activities.

19         3.  Mandatory public service.

20         4.  Supervision by the Department of Corrections by

21  means of an electronic monitoring device or system.

22         5.  The standard conditions of probation set forth in

23  s. 948.03.

24         (3)  The court may revoke probation or community

25  control if the offender fails to comply with this section.

26         (4)  The Department of Corrections shall notify the

27  sheriff of the county in which the crime was committed and the

28  sheriff of the county in which the offender will reside when

29  an offender determined by the department to be a criminal

30  street gang member is released from incarceration. The notice

31  must state the date on which the offender was released and

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    Florida Senate - 2005                                   SB 174
    7-172-05




 1  state that the offender has been determined by the department

 2  to be a criminal street gang member.

 3         (5)  The Department of Corrections shall develop and

 4  provide specialized training for each parole and probation

 5  officer supervising an offender who has been identified by the

 6  department as a member of a prison gang or a criminal street

 7  gang member.

 8         Section 2.  This act shall take effect July 1, 2005.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Prohibits a person who is convicted of a felony or
      misdemeanor and placed on probation or into community
13    control from becoming or remaining a criminal street gang
      member or associating with a person who is a criminal
14    street gang member, a criminal street gang associate, or
      a prison gang member. Requires a court to order intensive
15    supervision and surveillance for any offender placed on
      probation or into community control who is or was a
16    criminal street gang member. Provides specified terms and
      conditions for probation or community control. Authorizes
17    a court to revoke probation if the offender fails to
      comply with the terms and conditions of probation.
18    Directs the Department of Corrections to notify certain
      sheriffs when an offender identified as a street gang
19    member is released from incarceration. Directs the
      department to develop and provide specialized training
20    for each parole and probation officer supervising an
      offender who has been identified as a prison gang member
21    or a criminal street gang member.

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