Senate Bill sb2138

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    Florida Senate - 2006                                  SB 2138

    By Senator Crist





    12-1374-06

  1                      A bill to be entitled

  2         An act relating to a violation of probation or

  3         community control; amending s. 948.06, F.S.;

  4         requiring a court, under certain circumstances,

  5         to revoke an offender's probation or community

  6         control, adjudicate the offender guilty of the

  7         offense forming the basis of the probation or

  8         community control, and impose a term of

  9         imprisonment which the court might have imposed

10         before placing the offender on probation or in

11         community control; amending s. 921.0017, F.S.;

12         conforming a cross-reference; providing an

13         effective date.

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

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17         Section 1.  Present subsections (3) through (7) of

18  section 948.06, Florida Statutes, are redesignated subsections

19  (4) through (8), respectively, and a new subsection (3) is

20  added to that section, to read:

21         948.06  Violation of probation or community control;

22  revocation; modification; continuance; failure to pay

23  restitution or cost of supervision.--

24         (3)  For any probationer or offender on community

25  control who:

26         (a)  Is placed on probation or community control for a

27  first-degree felony offense committed on or after July 1,

28  2006;

29         (b)  Is found to have committed a violation of a

30  condition of probation or community control during the period

31  of supervision; and

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    Florida Senate - 2006                                  SB 2138
    12-1374-06




 1         (c)  Has previously or concurrently been found to have

 2  committed two or more violations of a condition of probation

 3  or community control during the period of supervision,

 4  

 5  the court shall revoke the offender's probation or community

 6  control, adjudicate the probationer or offender guilty of the

 7  offense forming the basis of the probation or community

 8  control, unless the offender has previously been adjudicated

 9  guilty, and impose a term of imprisonment which the court

10  might have originally imposed before placing the probationer

11  on probation or the offender in community control.

12         Section 2.  Section 921.0017, Florida Statutes, is

13  amended to read:

14         921.0017  Credit upon recommitment of offender serving

15  split sentence.--Effective for offenses committed on or after

16  January 1, 1994, if an offender's probation or community

17  control is revoked and the offender is serving a split

18  sentence pursuant to s. 948.012, upon recommitment to the

19  Department of Corrections, the court shall order credit for

20  time served in state prison or county jail only, without

21  considering any type of gain-time earned before release to

22  supervision, or any type of sentence reduction granted to

23  avoid prison overcrowding, including, but not limited to, any

24  sentence reduction resulting from administrative gain-time,

25  provisional credits, or control release. The court shall

26  determine the amount of jail-time credit to be awarded for

27  time served between the date of arrest as a violator and the

28  date of recommitment, and shall direct the Department of

29  Corrections to compute and apply credit for all other time

30  served previously on the prior sentence for the offense for

31  which the offender is being recommitted. This section does not

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    Florida Senate - 2006                                  SB 2138
    12-1374-06




 1  affect or limit the department's authority to forfeit

 2  gain-time under ss. 944.28(1) and 948.06(8) 948.06(7).

 3         Section 3.  This act shall take effect July 1, 2006.

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 6                          SENATE SUMMARY

 7    Requires a court, under certain circumstances, to revoke
      an offender's probation or community control, adjudicate
 8    the person guilty of the offense forming the basis of the
      probation or community control, and impose a term of
 9    imprisonment which the court might have imposed before
      placing the offender on probation or in community
10    control.

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