Florida Senate - 2011                                     SB 844
       
       
       
       By Senator Benacquisto
       
       
       
       
       27-00950-11                                            2011844__
    1                        A bill to be entitled                      
    2         An act relating to violations of probation or
    3         community control; creating the “Officer Andrew Widman
    4         Act”; amending s. 948.06, F.S.; authorizing a circuit
    5         court judge, after making a certain finding, to issue
    6         a warrant for the arrest of a probationer or offender
    7         who has violated the terms of probation or community
    8         control; requiring that the court inform the
    9         probationer or offender of the violation, and may
   10         order the person taken before the court that granted
   11         the probation or community control; authorizing the
   12         court to commit or release the probationer or offender
   13         under certain circumstances; authorizing the court, in
   14         determining whether to require or set the amount of
   15         bail, to consider the likelihood that the person will
   16         be imprisoned for the violation of probation or
   17         community control; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. This act may be cited as the “Officer Andrew
   22  Widman Act.”
   23         Section 2. Subsection (1) of section 948.06, Florida
   24  Statutes, is amended to read:
   25         948.06 Violation of probation or community control;
   26  revocation; modification; continuance; failure to pay
   27  restitution or cost of supervision.—
   28         (1)(a) Whenever within the period of probation or community
   29  control there are reasonable grounds to believe that a
   30  probationer or offender in community control has violated his or
   31  her probation or community control in a material respect, any
   32  law enforcement officer who is aware of the probationary or
   33  community control status of the probationer or offender in
   34  community control or any parole or probation supervisor may
   35  arrest or request any county or municipal law enforcement
   36  officer to arrest such probationer or offender without warrant
   37  wherever found and return him or her to the court granting such
   38  probation or community control.
   39         (b) Any committing trial court judge may issue a warrant,
   40  upon the facts being made known to him or her by affidavit of
   41  one having knowledge of such facts, for the arrest of the
   42  probationer or offender, returnable forthwith before the court
   43  granting such probation or community control. In lieu of issuing
   44  a warrant for arrest, the committing trial court judge may issue
   45  a notice to appear if the probationer or offender in community
   46  control has never been convicted of committing, and is not
   47  currently alleged to have committed, a qualifying offense as
   48  defined in this section.
   49         (c) If a circuit court judge finds reasonable grounds to
   50  believe that a probationer or an offender has violated his or
   51  her probation or community control in a material respect by
   52  committing a new violation of law, the judge may issue a warrant
   53  for the arrest of the person.
   54         (d)1. At a first appearance hearing for an offender who has
   55  been arrested for violating his or her probation or community
   56  control in a material respect by committing a new violation of
   57  law the court:
   58         a. Shall inform the person of the violation.
   59         b. May order the person to be taken before the court that
   60  granted the probation or community control if the person admits
   61  the violation.
   62         2. If the probationer or offender does not admit the
   63  violation at the first appearance hearing, the court:
   64         a. May commit the probationer or offender or may release
   65  the person with or without bail to await further hearing,
   66  notwithstanding s. 907.041, relating to pretrial detention and
   67  release; or
   68         b. May order the probationer or offender to be brought
   69  before the court that granted the probation or community control
   70  if the court finds reasonable grounds that the person violated
   71  his or her probation or community control in a material respect.
   72         3.In determining whether to require or set the amount of
   73  bail, and notwithstanding s. 907.041, relating to pretrial
   74  detention and release, the court may consider whether the
   75  probationer or offender is more likely than not to receive a
   76  prison sanction for the violation.
   77  
   78  This paragraph does not apply to a probationer or offender on
   79  community control who is subject to the hearing requirements
   80  under subsection (4) or paragraph (8)(e).
   81         (e)(c) Any parole or probation supervisor, any officer
   82  authorized to serve criminal process, or any peace officer of
   83  this state is authorized to serve and execute such warrant. Any
   84  parole or probation supervisor is authorized to serve such
   85  notice to appear.
   86         (f)(d) Upon the filing of an affidavit alleging a violation
   87  of probation or community control and following issuance of a
   88  warrant under s. 901.02, a warrantless arrest under this
   89  section, or a notice to appear under this section, the
   90  probationary period is tolled until the court enters a ruling on
   91  the violation. Notwithstanding the tolling of probation, the
   92  court shall retain jurisdiction over the offender for any
   93  violation of the conditions of probation or community control
   94  that is alleged to have occurred during the tolling period. The
   95  probation officer is permitted to continue to supervise any
   96  offender who remains available to the officer for supervision
   97  until the supervision expires pursuant to the order of probation
   98  or community control or until the court revokes or terminates
   99  the probation or community control, whichever comes first.
  100         (g)(e) The chief judge of each judicial circuit may direct
  101  the department to use a notification letter of a technical
  102  violation in appropriate cases in lieu of a violation report,
  103  affidavit, and warrant when the alleged violation is not a new
  104  felony or misdemeanor offense. Such direction must be in writing
  105  and must specify the types of specific violations which are to
  106  be reported by a notification letter of a technical violation,
  107  any exceptions to those violations, and the required process for
  108  submission. At the direction of the chief judge, the department
  109  shall send the notification letter of a technical violation to
  110  the court.
  111         (h)(f) The court may allow the department to file an
  112  affidavit, notification letter, violation report, or other
  113  report under this section by facsimile or electronic submission.
  114         Section 3. This act shall take effect October 1, 2011.