Florida Senate - 2011                                     SB 124
       
       
       
       By Senator Bullard
       
       
       
       
       39-00174-11                                            2011124__
    1                        A bill to be entitled                      
    2         An act relating to probation and community control;
    3         amending ss. 948.03, 948.11, 948.101, and 948.30,
    4         F.S.; requiring the Department of Corrections to
    5         electronically monitor a person who is sentenced to
    6         probation or to community control; providing an
    7         effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (1) of section 948.03, Florida
   12  Statutes, is amended to read:
   13         948.03 Terms and conditions of probation.—
   14         (1) The court shall determine the terms and conditions of
   15  probation. Conditions specified in this section do not require
   16  oral pronouncement at the time of sentencing and may be
   17  considered standard conditions of probation. These conditions
   18  shall include electronic monitoring and may include among them
   19  the following, that the probationer or offender in community
   20  control shall:
   21         (a) Report to the probation and parole supervisors as
   22  directed.
   23         (b) Permit such supervisors to visit him or her at his or
   24  her home or elsewhere.
   25         (c) Work faithfully at suitable employment insofar as may
   26  be possible.
   27         (d) Remain within a specified place.
   28         (e) Live without violating any law. A conviction in a court
   29  of law is not necessary for such a violation of law to
   30  constitute a violation of probation, community control, or any
   31  other form of court-ordered supervision.
   32         (f) Make reparation or restitution to the aggrieved party
   33  for the damage or loss caused by his or her offense in an amount
   34  to be determined by the court. The court shall make such
   35  reparation or restitution a condition of probation, unless it
   36  determines that clear and compelling reasons exist to the
   37  contrary. If the court does not order restitution, or orders
   38  restitution of only a portion of the damages, as provided in s.
   39  775.089, it shall state on the record in detail the reasons
   40  therefor.
   41         (g) Effective July 1, 1994, and applicable for offenses
   42  committed on or after that date, Make payment of the debt due
   43  and owing to a county or municipal detention facility under s.
   44  951.032 for medical care, treatment, hospitalization, or
   45  transportation received by the felony probationer while in that
   46  detention facility. The court, in determining whether to order
   47  such repayment and the amount of the repayment, shall consider
   48  the amount of the debt, whether there was any fault of the
   49  institution for the medical expenses incurred, the financial
   50  resources of the felony probationer, the present and potential
   51  future financial needs and earning ability of the probationer,
   52  and dependents, and other appropriate factors.
   53         (h) Support his or her legal dependents to the best of his
   54  or her ability.
   55         (i) Make payment of the debt due and owing to the state
   56  under s. 960.17, subject to modification based on change of
   57  circumstances.
   58         (j) Pay any application fee assessed under s. 27.52(1)(b)
   59  and attorney’s fees and costs assessed under s. 938.29, subject
   60  to modification based on change of circumstances.
   61         (k) Not associate with persons engaged in criminal
   62  activities.
   63         (l)1. Submit to random testing as directed by the
   64  correctional probation officer or the professional staff of the
   65  treatment center where he or she is receiving treatment to
   66  determine the presence or use of alcohol or controlled
   67  substances.
   68         2. If the offense was a controlled substance violation and
   69  the period of probation immediately follows a period of
   70  incarceration in the state correction system, the conditions
   71  shall include a requirement that the offender submit to random
   72  substance abuse testing intermittently throughout the term of
   73  supervision, upon the direction of the correctional probation
   74  officer as defined in s. 943.10(3).
   75         (m) Be prohibited from possessing, carrying, or owning any:
   76         1. Firearm.
   77         2. Weapon without first procuring the consent of the
   78  correctional probation officer.
   79         (n) Be prohibited from using intoxicants to excess or
   80  possessing any drugs or narcotics unless prescribed by a
   81  physician. The probationer or community controllee shall not
   82  knowingly visit places where intoxicants, drugs, or other
   83  dangerous substances are unlawfully sold, dispensed, or used.
   84         (o) Submit to the drawing of blood or other biological
   85  specimens as prescribed in ss. 943.325 and 948.014, and
   86  reimburse the appropriate agency for the costs of drawing and
   87  transmitting the blood or other biological specimens to the
   88  Department of Law Enforcement.
   89         (p) Submit to the taking of a digitized photograph by the
   90  department as a part of the offender’s records. This photograph
   91  may be displayed on the department’s public website while the
   92  offender is under court-ordered supervision. However, the
   93  department may not display the photograph on the website if the
   94  offender is only on pretrial intervention supervision or if the
   95  offender’s identity is exempt from disclosure due to an
   96  exemption from the requirements of s. 119.07.
   97         Section 2. Subsections (1) and (2) of section 948.11,
   98  Florida Statutes, are amended to read:
   99         948.11 Electronic monitoring devices.—
  100         (1) The Department of Corrections shall may, at its
  101  discretion, electronically monitor an offender sentenced to
  102  community control.
  103         (2) Any offender placed on community control who violates
  104  the terms and conditions of community control and is restored to
  105  community control shall may be supervised by means of an
  106  electronic monitoring device or system.
  107         Section 3. Subsection (1) of section 948.101, Florida
  108  Statutes, is amended to read:
  109         948.101 Terms and conditions of community control.—
  110         (1) The court shall determine the terms and conditions of
  111  community control. Conditions specified in this subsection do
  112  not require oral pronouncement at the time of sentencing and may
  113  be considered standard conditions of community control. The
  114  court shall require intensive supervision and surveillance for
  115  an offender placed into community control, which shall include
  116  electronic monitoring, and may include, but is not limited to:
  117         (a) Specified contact with the parole and probation
  118  officer.
  119         (b) Confinement to an agreed-upon residence during hours
  120  away from employment and public service activities.
  121         (c) Mandatory public service.
  122         (d) Supervision by the Department of Corrections by means
  123  of an electronic monitoring device or system.
  124         (d)(e) The standard conditions of probation set forth in s.
  125  948.03.
  126         Section 4. Subsection (2) of section 948.30, Florida
  127  Statutes, is amended to read:
  128         948.30 Additional terms and conditions of probation or
  129  community control for certain sex offenses.—Conditions imposed
  130  pursuant to this section do not require oral pronouncement at
  131  the time of sentencing and shall be considered standard
  132  conditions of probation or community control for offenders
  133  specified in this section.
  134         (2) Effective for a probationer or community controllee
  135  whose crime was committed on or after October 1, 1997, and who
  136  is placed on community control or sex offender probation for a
  137  violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
  138  or s. 847.0145, in addition to any other provision of this
  139  section, the court must impose the following conditions of
  140  probation or community control:
  141         (a) As part of a treatment program, participation at least
  142  annually in polygraph examinations to obtain information
  143  necessary for risk management and treatment and to reduce the
  144  sex offender’s denial mechanisms. A polygraph examination must
  145  be conducted by a polygrapher who is a member of a national or
  146  state polygraph association and who is certified as a
  147  postconviction sex offender polygrapher, where available, and
  148  shall be paid for by the probationer or community controllee.
  149  The results of the polygraph examination shall be provided to
  150  the probationer’s or community controllee’s probation officer
  151  and qualified practitioner and shall not be used as evidence in
  152  court to prove that a violation of community supervision has
  153  occurred.
  154         (b) Maintenance of a driving log and a prohibition against
  155  driving a motor vehicle alone without the prior approval of the
  156  supervising officer.
  157         (c) A prohibition against obtaining or using a post office
  158  box without the prior approval of the supervising officer.
  159         (d) If there was sexual contact, a submission to, at the
  160  probationer’s or community controllee’s expense, an HIV test
  161  with the results to be released to the victim or the victim’s
  162  parent or guardian.
  163         (e) Electronic monitoring when deemed necessary by the
  164  community control or probation officer and his or her
  165  supervisor, and ordered by the court at the recommendation of
  166  the Department of Corrections.
  167         Section 5. This act shall take effect July 1, 2011.