Senate Bill sb0018
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Florida Senate - 2007 SB 18
By Senator Lynn
7-70-07
1 A bill to be entitled
2 An act relating to sexual offenders and
3 habitual violent felony offenders; creating s.
4 903.0351, F.S.; denying bail or any form of
5 pretrial release to sexual offenders or
6 habitual violent felony offenders under certain
7 circumstances; amending s. 948.06, F.S.;
8 requiring that a sexual offender or habitual
9 violent felony offender remain in custody
10 pending a hearing on the probation or community
11 control violation; requiring that the hearing
12 determine the nature and probability of any
13 danger that the offender poses to the community
14 before release of the violator following a
15 violation of probation or community control;
16 providing criteria by which to determine risk
17 posed by a sexual offender or habitual violent
18 felony offender; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 903.0351, Florida Statutes, is
23 created to read:
24 903.0351 Sexual offenders and habitual violent felony
25 offenders; bail hearing required.--A sexual offender, as
26 defined in s. 943.0435(1), or a habitual violent felony
27 offender, as defined in s. 775.084(1), who has been arrested
28 for an alleged violation of probation or community control may
29 not be granted bail or any form of pretrial release before the
30 resolution of the hearing on the violation of probation or
31
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Florida Senate - 2007 SB 18
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1 community control unless the charge or arrest is based solely
2 on the offender's failure to pay costs, fines, or restitution.
3 Section 2. Subsection (4) of section 948.06, Florida
4 Statutes, is amended, and subsection (8) is added to that
5 section, to read:
6 948.06 Violation of probation or community control;
7 revocation; modification; continuance; failure to pay
8 restitution or cost of supervision.--
9 (4) Notwithstanding any other provision of this
10 section, a probationer or an offender in community control who
11 is arrested for violating his or her probation or community
12 control in a material respect may be taken before the court in
13 the county or circuit in which the probationer or offender was
14 arrested. That court shall advise him or her of such charge of
15 a violation and, if the such charge is admitted, shall cause
16 him or her to be brought before the court that which granted
17 the probation or community control. If the such violation is
18 not admitted by the probationer or offender, the court may
19 commit him or her or release him or her with or without bail
20 to await further hearing. However, if the probationer or
21 offender is under supervision for any criminal offense
22 proscribed in chapter 794, s. 800.04(4), (5), (6), s. 827.071,
23 or s. 847.0145, or is a registered sexual predator or a
24 registered sexual offender, or is under supervision for a
25 criminal offense for which he or she would meet the
26 registration criteria in s. 775.21, s. 943.0435, or s. 944.607
27 but for the effective date of those sections, the court must
28 make a finding that the probationer or offender is not a
29 danger to the public prior to release with or without bail. In
30 determining the danger posed by the offender's or
31 probationer's release, the court may consider the nature and
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Florida Senate - 2007 SB 18
7-70-07
1 circumstances of the violation and any new offenses charged;
2 the offender's or probationer's past and present conduct,
3 including convictions of crimes; any record of arrests without
4 conviction for crimes involving violence or sexual crimes; any
5 other evidence of allegations of unlawful sexual conduct or
6 the use of violence by the offender or probationer; the
7 offender's or probationer's family ties, length of residence
8 in the community, employment history, and mental condition;
9 his or her history and conduct during the probation or
10 community control supervision from which the violation arises
11 and any other previous supervisions, including disciplinary
12 records of previous incarcerations; the likelihood that the
13 offender or probationer will engage again in a criminal course
14 of conduct; the weight of the evidence against the offender or
15 probationer; and any other facts the court considers relevant.
16 The court, as soon as is practicable, shall give the
17 probationer or offender an opportunity to be fully heard on
18 his or her behalf in person or by counsel. After the such
19 hearing, the court shall make findings of fact and forward the
20 findings to the court that which granted the probation or
21 community control and to the probationer or offender or his or
22 her attorney. The findings of fact by the hearing court are
23 binding on the court that which granted the probation or
24 community control. Upon the probationer or offender being
25 brought before it, the court which granted the probation or
26 community control may revoke, modify, or continue the
27 probation or community control or may place the probationer
28 into community control as provided in this section. However,
29 if any violation other than a failure to pay costs, fines, or
30 restitution is alleged to have been committed by a sexual
31 offender as defined in s. 943.0435(1) or by a habitual violent
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Florida Senate - 2007 SB 18
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1 felony offender as defined in s. 775.084(1), the probationer
2 or offender may not be released and may not be admitted to
3 bail but shall be brought before the court that granted the
4 probation or community control.
5 (8)(a) In addition to the provisions of subsections
6 (1)-(7), this subsection provides additional requirements
7 regarding a probationer or offender in community control who
8 is a sexual offender, as defined in s. 943.0435(1), or a
9 habitual violent felony offender, as defined in s. 775.084(1).
10 The provisions of this subsection shall control over any
11 conflicting provision in subsections (1)-(7).
12 (b) In the case of an alleged violation of probation
13 or community control by a sexual offender or a habitual
14 violent felony offender on any ground other than a failure to
15 pay costs, fines, or restitution, the sexual offender or
16 habitual violent felony offender shall remain in custody
17 pending the resolution of the violation of probation or
18 community control. The court may not dismiss the violation of
19 probation or community control which is pending against the
20 sexual offender or habitual violent felony offender without
21 holding a recorded hearing at which the state and the offender
22 are represented.
23 (c) If the court, after conducting the hearing,
24 determines that the sexual offender or habitual violent felony
25 offender has violated any nonmonetary term of probation or
26 community control, the court must determine whether to revoke
27 the offender's probation or community control.
28 1. If the court determines, by a preponderance of the
29 evidence, that the sexual offender or habitual violent felony
30 offender poses a danger to the community, the court shall
31 revoke probation or community control and sentence the sexual
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Florida Senate - 2007 SB 18
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1 offender or habitual violent felony offender up to the
2 statutory maximum.
3 2. In determining the danger to the community posed by
4 the offender's release, the court may consider the nature and
5 circumstances of the violation and any new offenses charged;
6 the offender's past and present conduct, including convictions
7 of crimes; the offender's family ties, length of residence in
8 the community, employment history, and mental condition; the
9 offender's amenability to nonincarcerative sanctions based on
10 his or her history and conduct during the probation or
11 community control supervision from which the violation hearing
12 arises and on any other previous supervisions, including
13 disciplinary records of previous incarcerations; the
14 likelihood that the offender will engage again in a criminal
15 course of conduct; the weight of the evidence against the
16 offender; and any other facts the court considers relevant.
17 3. The court must enter a written order in support of
18 its findings.
19 Section 3. This act shall take effect July 1, 2007.
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22 SENATE SUMMARY
23 Denies bail or any form of pretrial release to sexual
offenders or habitual violent felony offenders under
24 certain circumstances. Requires that a sexual offender or
habitual violent felony offender remain in custody
25 pending a hearing on the probation or community control
violation. Requires that the hearing determine the nature
26 and probability of any danger that the offender poses to
the community before release of the violator following a
27 violation of probation or community control. Provides
criteria by which to determine risk posed by a sexual
28 offender or habitual violent felony offender.
29
30
31
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