Senate Bill sb1794c1

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    Florida Senate - 2007                           CS for SB 1794

    By the Committee on Criminal Justice





    591-2138-07

  1                      A bill to be entitled

  2         An act relating to probation; amending s.

  3         948.06, F.S.; authorizing the court to issue a

  4         notice to appear for certain violators;

  5         providing for service of notices to appear;

  6         providing for tolling of the probationary

  7         period; providing for the use of a notification

  8         letter of a technical violation of a term of

  9         probation or community control; authorizing the

10         court to allow the submission of certain

11         documents electronically or by facsimile;

12         requiring the Department of Corrections to

13         provide the court with recommendations as to

14         disposition by the court; requiring the

15         Department of Corrections to conduct a study

16         and submit a report; providing an effective

17         date.

18  

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

20  

21         Section 1.  Subsection (1) of section 948.06, Florida

22  Statutes, is amended and paragraph (h) is added to subsection

23  (2) of that section, to read:

24         948.06  Violation of probation or community control;

25  revocation; modification; continuance; failure to pay

26  restitution or cost of supervision.--

27         (1)(a)  Whenever within the period of probation or

28  community control there are reasonable grounds to believe that

29  a probationer or offender in community control has violated

30  his or her probation or community control in a material

31  respect, any law enforcement officer who is aware of the

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    Florida Senate - 2007                           CS for SB 1794
    591-2138-07




 1  probationary or community control status of the probationer or

 2  offender in community control or any parole or probation

 3  supervisor may arrest or request any county or municipal law

 4  enforcement officer to arrest such probationer or offender

 5  without warrant wherever found and forthwith return him or her

 6  to the court granting such probation or community control.

 7         (b)  Any committing trial court judge may issue a

 8  warrant, upon the facts being made known to him or her by

 9  affidavit of one having knowledge of such facts, for the

10  arrest of the probationer or offender, returnable forthwith

11  before the court granting such probation or community control.

12  In lieu of issuing a warrant for arrest, the committing trial

13  court judge may issue a notice to appear if the probationer or

14  offender in community control has never been convicted of

15  committing, and is not currently alleged to have committed, a

16  qualifying offense as defined in this section.

17         (c)  Any parole or probation supervisor, any officer

18  authorized to serve criminal process, or any peace officer of

19  this state is authorized to serve and execute such warrant.

20  Any parole or probation supervisor is authorized to serve such

21  notice to appear.

22         (d)  Upon the filing of an affidavit alleging a

23  violation of probation or community control and following

24  issuance of a warrant under s. 901.02, a warrantless arrest

25  under this section, or a notice to appear under this section,

26  the probationary period is tolled until the court enters a

27  ruling on the violation. Notwithstanding the tolling of

28  probation as provided in this subsection, the court shall

29  retain jurisdiction over the offender for any violation of the

30  conditions of probation or community control that is alleged

31  to have occurred during the tolling period. The probation

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    Florida Senate - 2007                           CS for SB 1794
    591-2138-07




 1  officer is permitted to continue to supervise any offender who

 2  remains available to the officer for supervision until the

 3  supervision expires pursuant to the order of probation or

 4  community control or until the court revokes or terminates the

 5  probation or community control, whichever comes first.

 6         (e)  The chief judge of each judicial circuit shall

 7  direct the department to use a notification letter of a

 8  technical violation in appropriate cases in lieu of a

 9  violation report, affidavit, and warrant when the alleged

10  violation is not a new felony or misdemeanor offense. Such

11  direction must be in writing and must specify the types of

12  specific violations which are to be reported by a notification

13  letter of a technical violation, any exceptions to those

14  violations, and the required process for submission. At the

15  direction of the chief judge, the department shall send the

16  notification letter of a technical violation to the court.

17         (f)  The court may allow the department to file an

18  affidavit, notification letter, violation report, or other

19  report under this section by facsimile or electronic

20  submission.

21         (2)

22         (h)1.  For each case in which the offender admits to

23  committing a violation or is found to have committed a

24  violation the department shall provide the court with a

25  recommendation as to disposition by the court. The department

26  shall provide the reasons for its recommendation and include

27  an evaluation of:

28         a.  The appropriateness or inappropriateness of

29  community facilities, programs, or services for treating or

30  supervising the offender;

31  

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    Florida Senate - 2007                           CS for SB 1794
    591-2138-07




 1         b.  The ability or inability of the department to

 2  provide an adequate level of supervision of the offender in

 3  the community and a statement of what constitutes an adequate

 4  level of supervision; and

 5         c.  The existence of treatment modalities that the

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

 7  community.

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

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

10  prior participation in treatment, educational, and vocational

11  programs, and any other actions by or circumstances concerning

12  the offender which are relevant.

13         3.  The court may specify whether the recommendation or

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

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

16  paragraph does not prohibit the department from making any

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

18  requested by the court.

19         Section 2.  The Department of Corrections shall conduct

20  a caseload and risk-assessment study to determine management

21  caseload ratios for probation and community control and

22  provide supervision based on an offender's level of risk. The

23  department shall submit a final report to the Governor, the

24  President of the Senate, and the Speaker of the House of

25  Representatives by December 31, 2007.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 2007                           CS for SB 1794
    591-2138-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1794

 3                                 

 4  -    Authorizes judges to issue notices to appear to offenders
         who are alleged to have violated probation or community
 5       control, rather than having them arrested and jailed. Use
         of a notice to appear is not authorized for offenders who
 6       have committed one of the Anti-Murder Act qualifying
         offenses. The notices are to be served by probation
 7       officers.

 8  -    Provides for tolling of the period of probation or
         community control when a notice to appear is issued or a
 9       warrantless arrest is made.

10  -    Provides that the chief judge of the circuit "shall,"
         rather than "may," direct the Department of Corrections
11       to use a notification letter of technical violation to
         report violations that are not new crimes. The chief
12       judge determines the details of the process, including
         the types of violations and offenders who may be included
13       and how the letter is to be submitted.

14  -    Allows the department to submit affidavits and reports
         related to probation violations by e-mail or facsimile if
15       authorized by the court.

16  -    Deletes the bill's provision that would have repealed
         statutory restrictions on probation officer caseloads for
17       certain offense categories, and directs the Department of
         Corrections to study and report on using a
18       risk-assessment based caseload management system.

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