1 | A bill to be entitled |
2 | An act relating to violation of probation or community |
3 | control; amending s. 948.06, F.S.; requiring a court, |
4 | under certain circumstances, to revoke a probationer's or |
5 | offender's probation or community control, adjudicate the |
6 | person guilty of the offense forming the basis of the |
7 | probation or community control, and impose a term of |
8 | imprisonment that the court might have imposed before |
9 | placing the person on probation or in community control; |
10 | amending s. 921.0017, F.S.; conforming a cross-reference; |
11 | providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Subsections (3) through (7) of section 948.06, |
16 | Florida Statutes, are renumbered as subsections (4) through (8), |
17 | respectively, and a new subsection (3) is added to that section, |
18 | to read: |
19 | 948.06 Violation of probation or community control; |
20 | revocation; modification; continuance; failure to pay |
21 | restitution or cost of supervision.-- |
22 | (3) For any probationer or offender on community control |
23 | who: |
24 | (a) Is placed on probation or community control for a |
25 | first degree felony offense committed on or after July 1, 2006; |
26 | (b) Is found to have committed a violation of a condition |
27 | of probation or community control during the period of |
28 | supervision; and |
29 | (c) Has previously or concurrently been found to have |
30 | committed two or more violations of a condition of probation or |
31 | community control during the period of supervision; |
32 |
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33 | the court shall revoke the probationer's or offender's probation |
34 | or community control, adjudicate the probationer or offender |
35 | guilty of the offense forming the basis of the probation or |
36 | community control, unless the probationer or offender has |
37 | previously been adjudicated guilty, and impose a term of |
38 | imprisonment that the court might have originally imposed before |
39 | placing the probationer on probation or the offender in |
40 | community control. |
41 | Section 2. Section 921.0017, Florida Statutes, is amended |
42 | to read: |
43 | 921.0017 Credit upon recommitment of offender serving |
44 | split sentence.--Effective for offenses committed on or after |
45 | January 1, 1994, if an offender's probation or community control |
46 | is revoked and the offender is serving a split sentence pursuant |
47 | to s. 948.012, upon recommitment to the Department of |
48 | Corrections, the court shall order credit for time served in |
49 | state prison or county jail only, without considering any type |
50 | of gain-time earned before release to supervision, or any type |
51 | of sentence reduction granted to avoid prison overcrowding, |
52 | including, but not limited to, any sentence reduction resulting |
53 | from administrative gain-time, provisional credits, or control |
54 | release. The court shall determine the amount of jail-time |
55 | credit to be awarded for time served between the date of arrest |
56 | as a violator and the date of recommitment, and shall direct the |
57 | Department of Corrections to compute and apply credit for all |
58 | other time served previously on the prior sentence for the |
59 | offense for which the offender is being recommitted. This |
60 | section does not affect or limit the department's authority to |
61 | forfeit gain-time under ss. 944.28(1) and 948.06(8)(7). |
62 | Section 3. This act shall take effect July 1, 2006. |