Senate Bill sb1794

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    Florida Senate - 2007                                  SB 1794

    By the Committee on Criminal Justice





    591-1477-07

  1                      A bill to be entitled

  2         An act relating to probation; amending s.

  3         948.001, F.S.; redefining the term "drug

  4         offender probation" to remove a specific

  5         limitation on the caseload of an officer having

  6         responsibility for offenders placed on drug

  7         offender probation; amending s. 948.06, F.S.;

  8         authorizing the court to approve the use of a

  9         notification letter of a technical violation of

10         a term of probation or community control;

11         requiring the Department of Corrections to

12         provide the court with recommendations as to

13         disposition by the court; amending s. 948.10,

14         F.S.; deleting a specific limitation on the

15         caseload of an officer having responsibility

16         for offenders in a community control program;

17         amending s. 948.12, F.S.; deleting a specific

18         limitation on the caseload requirements for the

19         intensive supervision of postprison releasees;

20         providing an effective date.

21  

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

23  

24         Section 1.  Subsection (4) of section 948.001, Florida

25  Statutes, is amended to read:

26         948.001  Definitions.--As used in this chapter, the

27  term:

28         (4)  "Drug offender probation" means a form of

29  intensive supervision which emphasizes treatment of drug

30  offenders in accordance with individualized treatment plans

31  administered by officers with restricted caseloads.  Caseloads

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    Florida Senate - 2007                                  SB 1794
    591-1477-07




 1  should be restricted to a maximum of 50 cases per officer in

 2  order to ensure an adequate level of staffing.

 3         Section 2.  Paragraphs (h) and (i) are added to

 4  subsection (2) of section 948.06, Florida Statutes, to read:

 5         948.06  Violation of probation or community control;

 6  revocation; modification; continuance; failure to pay

 7  restitution or cost of supervision.--

 8         (2)

 9         (h)  The chief judge of each judicial circuit may

10  direct the department to use a notification letter of a

11  technical violation in lieu of a violation report, affidavit,

12  and warrant when the alleged violation is not a new felony or

13  misdemeanor offense. Such direction must be in writing and

14  must specify the types of specific violations which are to be

15  reported by a notification letter of a technical violation,

16  any exceptions to those violations, and the required process

17  for submission. At the direction of the chief judge, the

18  department shall send the notification letter of a technical

19  violation to the court.

20         (i)1.  For each case in which the offender admits to

21  committing a violation or is found to have committed a

22  violation, the department shall provide the court with a

23  recommendation as to disposition by the court. The department

24  shall provide the reasons for its recommendation and include

25  an evaluation of:

26         a.  The appropriateness or inappropriateness of

27  community facilities, programs, or services for treating or

28  supervising the offender;

29         b.  The ability or inability of the department to

30  provide an adequate level of supervision of the offender in

31  

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    Florida Senate - 2007                                  SB 1794
    591-1477-07




 1  the community and a statement of what constitutes an adequate

 2  level of supervision; and

 3         c.  The existence of the treatment modalities that the

 4  offender could use but that do not currently exist in the

 5  community.

 6         2.  The report must also include a summary of the

 7  offender's prior supervision history, including the offender's

 8  prior participation in treatment, educational, and vocational

 9  programs, and any other actions by or circumstances concerning

10  the offender which are relevant.

11         3.  The court may specify whether the recommendation or

12  report must be oral or written and may waive the requirement

13  for a report in an individual case or a class of cases. This

14  paragraph does not prohibit the department from making any

15  other report or recommendation that is provided for by law or

16  requested by the court.

17         Section 3.  Subsection (3) of section 948.10, Florida

18  Statutes, is amended to read:

19         948.10  Community control programs.--

20         (3)  The department shall commit not less than 10

21  percent of the parole and probation field staff and supporting

22  resources to the operation of the community control program.

23  Caseloads should be restricted to a maximum of 25 cases per

24  officer in order to ensure an adequate level of staffing.

25  Community control is an individualized program in which the

26  offender is restricted to noninstitutional quarters or

27  restricted to his or her own residence subject to an

28  authorized level of limited freedom.

29         Section 4.  Section 948.12, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2007                                  SB 1794
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 1         948.12  Intensive supervision for postprison release of

 2  violent offenders.--It is the finding of the Legislature that

 3  the population of violent offenders released from state prison

 4  into the community poses the greatest threat to the public

 5  safety of the groups of offenders under community supervision.

 6  Therefore, for the purpose of enhanced public safety, any

 7  offender released from state prison who:

 8         (1)  Was most recently incarcerated for an offense that

 9  is or was contained in category 1 (murder, manslaughter),

10  category 2 (sexual offenses), category 3 (robbery), or

11  category 4 (violent personal crimes) of Rules 3.701 and 3.988,

12  Florida Rules of Criminal Procedure (1993), and who has served

13  at least one prior felony commitment at a state or federal

14  correctional institution;

15         (2)  Was sentenced as a habitual offender, violent

16  habitual offender, or violent career criminal pursuant to s.

17  775.084; or

18         (3)  Has been found to be a sexual predator pursuant to

19  s. 775.21,

20  

21  and who has a term of probation to follow the period of

22  incarceration shall be provided intensive supervision by

23  experienced correctional probation officers. Subject to

24  specific appropriation by the Legislature, Caseloads may be

25  restricted to a maximum of 40 offenders per officer to provide

26  for enhanced public safety as well as to effectively monitor

27  conditions of electronic monitoring or curfews, if such was

28  ordered by the court.

29         Section 5.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2007                                  SB 1794
    591-1477-07




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 2                          SENATE SUMMARY

 3    Deletes certain restrictions on the caseloads of officers
      supervising offenders placed on drug offender probation,
 4    offenders in community control programs, and postprison
      releasees. Authorizes the court to approve the use of a
 5    notification letter of a technical violation of a term of
      probation or community control. Requires that the
 6    Department of Corrections provide the court with
      recommendations as to disposition by the court.
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