| 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 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 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 |
| 29 | court 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 |
| 76 | any: |
| 77 | 1. Firearm. |
| 78 | 2. Weapon without first procuring the consent of the |
| 79 | correctional probation officer. |
| 80 | (n) Be prohibited from using intoxicants to excess or |
| 81 | possessing any drugs or narcotics unless prescribed by a |
| 82 | physician. The probationer or community controllee shall not |
| 83 | knowingly visit places where intoxicants, drugs, or other |
| 84 | dangerous substances are unlawfully sold, dispensed, or used. |
| 85 | (o) Submit to the drawing of blood or other biological |
| 86 | specimens as prescribed in ss. 943.325 and 948.014, and |
| 87 | reimburse the appropriate agency for the costs of drawing and |
| 88 | transmitting the blood or other biological specimens to the |
| 89 | Department of Law Enforcement. |
| 90 | (p) Submit to the taking of a digitized photograph by the |
| 91 | department as a part of the offender's records. This photograph |
| 92 | may be displayed on the department's public website while the |
| 93 | offender is under court-ordered supervision. However, the |
| 94 | department may not display the photograph on the website if the |
| 95 | offender is only on pretrial intervention supervision or if the |
| 96 | offender's identity is exempt from disclosure due to an |
| 97 | exemption from the requirements of s. 119.07. |
| 98 | Section 2. Subsections (1) and (2) of section 948.11, |
| 99 | Florida Statutes, are amended to read: |
| 100 | 948.11 Electronic monitoring devices.- |
| 101 | (1) The Department of Corrections shall may, at its |
| 102 | discretion, electronically monitor an offender sentenced to |
| 103 | community control. |
| 104 | (2) Any offender placed on community control who violates |
| 105 | the terms and conditions of community control and is restored to |
| 106 | community control shall may be supervised by means of an |
| 107 | electronic monitoring device or system. |
| 108 | Section 3. Subsection (1) of section 948.101, Florida |
| 109 | Statutes, is amended to read: |
| 110 | 948.101 Terms and conditions of community control.- |
| 111 | (1) The court shall determine the terms and conditions of |
| 112 | community control. Conditions specified in this subsection do |
| 113 | not require oral pronouncement at the time of sentencing and may |
| 114 | be considered standard conditions of community control. The |
| 115 | court shall require intensive supervision and surveillance for |
| 116 | an offender placed into community control, which shall include |
| 117 | electronic monitoring, and may include, but is not limited to: |
| 118 | (a) Specified contact with the parole and probation |
| 119 | officer. |
| 120 | (b) Confinement to an agreed-upon residence during hours |
| 121 | away from employment and public service activities. |
| 122 | (c) Mandatory public service. |
| 123 | (d) Supervision by the Department of Corrections by means |
| 124 | of an electronic monitoring device or system. |
| 125 | (d)(e) The standard conditions of probation set forth in |
| 126 | s. 948.03. |
| 127 | Section 4. Subsection (2) of section 948.30, Florida |
| 128 | Statutes, is amended to read: |
| 129 | 948.30 Additional terms and conditions of probation or |
| 130 | community control for certain sex offenses.-Conditions imposed |
| 131 | pursuant to this section do not require oral pronouncement at |
| 132 | the time of sentencing and shall be considered standard |
| 133 | conditions of probation or community control for offenders |
| 134 | specified in this section. |
| 135 | (2) Effective for a probationer or community controllee |
| 136 | whose crime was committed on or after October 1, 1997, and who |
| 137 | is placed on community control or sex offender probation for a |
| 138 | violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), |
| 139 | or s. 847.0145, in addition to any other provision of this |
| 140 | section, the court must impose the following conditions of |
| 141 | probation or community control: |
| 142 | (a) As part of a treatment program, participation at least |
| 143 | annually in polygraph examinations to obtain information |
| 144 | necessary for risk management and treatment and to reduce the |
| 145 | sex offender's denial mechanisms. A polygraph examination must |
| 146 | be conducted by a polygrapher who is a member of a national or |
| 147 | state polygraph association and who is certified as a |
| 148 | postconviction sex offender polygrapher, where available, and |
| 149 | shall be paid for by the probationer or community controllee. |
| 150 | The results of the polygraph examination shall be provided to |
| 151 | the probationer's or community controllee's probation officer |
| 152 | and qualified practitioner and shall not be used as evidence in |
| 153 | court to prove that a violation of community supervision has |
| 154 | occurred. |
| 155 | (b) Maintenance of a driving log and a prohibition against |
| 156 | driving a motor vehicle alone without the prior approval of the |
| 157 | supervising officer. |
| 158 | (c) A prohibition against obtaining or using a post office |
| 159 | box without the prior approval of the supervising officer. |
| 160 | (d) If there was sexual contact, a submission to, at the |
| 161 | probationer's or community controllee's expense, an HIV test |
| 162 | with the results to be released to the victim or the victim's |
| 163 | parent or guardian. |
| 164 | (e) Electronic monitoring when deemed necessary by the |
| 165 | community control or probation officer and his or her |
| 166 | supervisor, and ordered by the court at the recommendation of |
| 167 | the Department of Corrections. |
| 168 | Section 5. This act shall take effect July 1, 2012. |