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A bill to be entitled

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An act relating to felony offenders; amending s. 948.06,

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F.S.; clarifying provisions governing the procedures to be

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used following the arrest of a felony probationer or an

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offender in community control for a material violation of

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probation or community control; providing an effective

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date.

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

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     Section 1.  Subsection (4) of section 948.06, Florida

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Statutes, is amended to read:

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     948.06  Violation of probation or community control;

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revocation; modification; continuance; failure to pay restitution

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or cost of supervision.--

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     (4) Notwithstanding any other provision of this section and

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except for any conflicting provision in subsection (8), a felony

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probationer or an offender in community control who is arrested

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for violating his or her probation or community control in a

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material respect may be taken before the court in the county or

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circuit in which the probationer or offender was arrested. That

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court shall advise him or her of the charge of a violation and,

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if such charge is admitted, shall cause him or her to be brought

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before the court that granted the probation or community control.

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If the violation is not admitted by the probationer or offender,

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the court may commit him or her or release him or her with or

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without bail to await further hearing. However, if the

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probationer or offender is under supervision for any criminal

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offense proscribed in chapter 794, s. 800.04(4), (5), (6), s.

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827.071, or s. 847.0145, or is a registered sexual predator or a

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registered sexual offender, or is under supervision for a

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criminal offense for which he or she would meet the registration

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criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the

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effective date of those sections, the court must make a finding

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that the probationer or offender is not a danger to the public

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prior to release with or without bail. In determining the danger

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posed by the offender's or probationer's release, the court may

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consider the nature and circumstances of the violation and any

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new offenses charged; the offender's or probationer's past and

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present conduct, including convictions of crimes; any record of

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arrests without conviction for crimes involving violence or

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sexual crimes; any other evidence of allegations of unlawful

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sexual conduct or the use of violence by the offender or

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probationer; the offender's or probationer's family ties, length

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of residence in the community, employment history, and mental

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condition; his or her history and conduct during the probation or

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community control supervision from which the violation arises and

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any other previous supervisions, including disciplinary records

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of previous incarcerations; the likelihood that the offender or

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probationer will engage again in a criminal course of conduct;

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the weight of the evidence against the offender or probationer;

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and any other facts the court considers relevant. The court, as

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soon as is practicable, shall give the probationer or offender an

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opportunity to be fully heard on his or her behalf in person or

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by counsel. After the hearing, the court shall make findings of

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fact and forward the findings to the court that granted the

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probation or community control and to the probationer or offender

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or his or her attorney. The findings of fact by the hearing court

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are binding on the court that granted the probation or community

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control. Upon the probationer or offender being brought before

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it, the court that granted the probation or community control may

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revoke, modify, or continue the probation or community control or

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may place the probationer into community control as provided in

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this section. However, the probationer or offender shall not be

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released and shall not be admitted to bail, but shall be brought

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before the court that granted the probation or community control

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if any violation of felony probation or community control other

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than a failure to pay costs or fines or make restitution payments

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is alleged to have been committed by:

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     (a)  A violent felony offender of special concern, as

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defined in this section;

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     (b)  A person who is on felony probation or community

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control for any offense committed on or after the effective date

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of this act and who is arrested for a qualifying offense as

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defined in this section; or

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     (c)  A person who is on felony probation or community

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control and has previously been found by a court to be a habitual

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violent felony offender as defined in s. 775.084(1)(b), a three-

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time violent felony offender as defined in s. 775.084(1)(c), or a

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sexual predator under s. 775.21, and who is arrested for

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committing a qualifying offense as defined in this section on or

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after the effective date of this act.

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     Section 2.  This act shall take effect July 1, 2008.