HB 1487

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


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