Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1792
                        Barcode 310120
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       04/13/2007 10:43 AM         .                    
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11  The Committee on Criminal and Civil Justice Appropriations
12  (Argenziano) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 5, between lines 26 and 27,
16  
17  insert:  
18         Section 5.  Subsection (1) of section 948.06, Florida
19  Statutes, is amended and paragraph (h) is added to subsection
20  (2) of 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         (1)(a)  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 who is aware of the
29  probationary or community control status of the probationer or
30  offender in community control or any parole or probation
31  supervisor may arrest or request any county or municipal law
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    12:31 PM   04/11/07                          s1792c1c-ja03-r4f

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1792 Barcode 310120 1 enforcement officer to arrest such probationer or offender 2 without warrant wherever found and forthwith return him or her 3 to the court granting such probation or community control. 4 (b) Any committing trial court judge may issue a 5 warrant, upon the facts being made known to him or her by 6 affidavit of one having knowledge of such facts, for the 7 arrest of the probationer or offender, returnable forthwith 8 before the court granting such probation or community control. 9 In lieu of issuing a warrant for arrest, the committing trial 10 court judge may issue a notice to appear if the probationer or 11 offender in community control has never been convicted of 12 committing, and is not currently alleged to have committed, a 13 qualifying offense as defined in this section. 14 (c) Any parole or probation supervisor, any officer 15 authorized to serve criminal process, or any peace officer of 16 this state is authorized to serve and execute such warrant. 17 Any parole or probation supervisor is authorized to serve such 18 notice to appear. 19 (d) Upon the filing of an affidavit alleging a 20 violation of probation or community control and following 21 issuance of a warrant under s. 901.02, a warrantless arrest 22 under this section, or a notice to appear under this section, 23 the probationary period is tolled until the court enters a 24 ruling on the violation. Notwithstanding the tolling of 25 probation as provided in this subsection, the court shall 26 retain jurisdiction over the offender for any violation of the 27 conditions of probation or community control that is alleged 28 to have occurred during the tolling period. The probation 29 officer is permitted to continue to supervise any offender who 30 remains available to the officer for supervision until the 31 supervision expires pursuant to the order of probation or 2 12:31 PM 04/11/07 s1792c1c-ja03-r4f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1792 Barcode 310120 1 community control or until the court revokes or terminates the 2 probation or community control, whichever comes first. 3 (e) The chief judge of each judicial circuit shall 4 direct the department to use a notification letter of a 5 technical violation in appropriate cases in lieu of a 6 violation report, affidavit, and warrant when the alleged 7 violation is not a new felony or misdemeanor offense. Such 8 direction must be in writing and must specify the types of 9 specific violations which are to be reported by a notification 10 letter of a technical violation, any exceptions to those 11 violations, and the required process for submission. At the 12 direction of the chief judge, the department shall send the 13 notification letter of a technical violation to the court. 14 (f) The court may allow the department to file an 15 affidavit, notification letter, violation report, or other 16 report under this section by facsimile or electronic 17 submission. 18 (2) 19 (h)1. For each case in which the offender admits to 20 committing a violation or is found to have committed a 21 violation, the department shall provide the court with a 22 recommendation as to disposition by the court. The department 23 shall provide the reasons for its recommendation and include 24 an evaluation of: 25 a. The appropriateness or inappropriateness of 26 community facilities, programs, or services for treating or 27 supervising the offender; 28 b. The ability or inability of the department to 29 provide an adequate level of supervision of the offender in 30 the community and a statement of what constitutes an adequate 31 level of supervision; and 3 12:31 PM 04/11/07 s1792c1c-ja03-r4f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1792 Barcode 310120 1 c. The existence of treatment modalities that the 2 offender could use but that do not currently exist in the 3 community. 4 2. The report must also include a summary of the 5 offender's prior supervision history, including the offender's 6 prior participation in treatment, educational, and vocational 7 programs, and any other actions by or circumstances concerning 8 the offender which are relevant. 9 3. The court may specify whether the recommendation or 10 report must be oral or written and may waive the requirement 11 for a report in an individual case or a class of cases. This 12 paragraph does not prohibit the department from making any 13 other report or recommendation that is provided for by law or 14 requested by the court. 15 Section 6. The Department of Corrections shall conduct 16 a caseload and risk-assessment study to determine management 17 caseload ratios for probation and community control and 18 provide supervision based on an offender's level of risk. The 19 department shall submit a final report to the Governor, the 20 President of the Senate, and the Speaker of the House of 21 Representatives by December 31, 2007. 22 23 (Redesignate subsequent sections.) 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 1, line 25, after the semicolon 29 30 insert: 31 amending s. 948.06, F.S.; authorizing the court 4 12:31 PM 04/11/07 s1792c1c-ja03-r4f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 1792 Barcode 310120 1 to issue a notice to appear for certain 2 violators; providing for service of notices to 3 appear; providing for tolling of the 4 probationary period; providing for the use of a 5 notification letter of a technical violation of 6 a term of probation or community control; 7 authorizing the court to allow the submission 8 of certain documents electronically or by 9 facsimile; requiring the Department of 10 Corrections to provide the court with 11 recommendations as to disposition by the court; 12 requiring the Department of Corrections to 13 conduct a study and submit a report; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 12:31 PM 04/11/07 s1792c1c-ja03-r4f