Florida Senate - 2017                                     SB 790
       
       
        
       By Senator Brandes
       
       24-00573A-17                                           2017790__
    1                        A bill to be entitled                      
    2         An act relating to probation and community control;
    3         amending s. 948.001, F.S.; redefining terms and
    4         deleting a definition; amending s. 948.01, F.S.;
    5         deleting a provision prohibiting a private entity from
    6         providing probationary or supervision services to
    7         misdemeanor offenders under certain circumstances;
    8         requiring the Department of Corrections to revise and
    9         make available to the courts, rather than develop and
   10         disseminate to the courts, uniform order of
   11         supervision forms; amending s. 948.012, F.S.; adding
   12         the addiction-recovery supervision program as an
   13         exception to the immediate commencement of the period
   14         of probation upon the release of the defendant;
   15         amending s. 948.013, F.S.; revising the list of
   16         offenses that make an offender ineligible for
   17         placement on administrative probation; amending s.
   18         948.03, F.S.; authorizing the court to require a
   19         probationer or offender to report to, to permit visits
   20         by, to submit to random testing as directed by,
   21         probation officers, rather than probation and parole
   22         supervisors or correctional probation officers;
   23         removing the option of incarceration in specified
   24         locations if a court withholds adjudication of guilt
   25         or imposes incarceration as a condition of probation;
   26         amending s. 948.031, F.S.; replacing the term “public
   27         service” with the term “community service”; amending
   28         s. 948.035, F.S.; removing a probation program drug
   29         punishment treatment community facility from the list
   30         of residential treatment or incarceration facilities
   31         that an offender must be restricted to under certain
   32         circumstances; requiring a qualified practitioner to
   33         provide, rather than a court to obtain, an assessment
   34         and recommendation on the treatment needs of an
   35         offender entering a treatment facility; amending s.
   36         948.037, F.S.; authorizing, rather than requiring, a
   37         court to require an offender to make a good faith
   38         effort toward completion of certain skills or a
   39         specific diploma as a condition of community control,
   40         probation, or probation following incarceration;
   41         amending s. 948.06, F.S.; replacing the term “parole
   42         or probation supervisor” with the term “probation
   43         officer”; specifying that the probationary period is
   44         tolled after the issuance of a violation of probation
   45         or community control warrant, rather than an arrest
   46         warrant; authorizing a chief judge to direct the
   47         department to use a notice to appear for technical
   48         violations; amending s. 948.09, F.S.; expanding the
   49         types of supervision under which an offender must pay
   50         for the cost of supervision; conforming provisions to
   51         changes made by the act; revising the factors under
   52         which the department may exempt an offender from
   53         payments; requiring the certification of student
   54         status to be supplied to the offender’s probation
   55         officer, rather than to the Secretary of Corrections;
   56         deleting duties of the secretary; deleting provisions
   57         authorizing the department to provide monthly payments
   58         to court-approved entities that provide supervision or
   59         rehabilitation for offenders under certain
   60         circumstances; deleting provisions relating to
   61         contract terms with, and a monthly report from,
   62         certain entities; amending s. 948.10, F.S.; requiring
   63         a community control program to focus on the provision
   64         of home confinement with limitations, rather than
   65         sanctions and consequences, commensurate with the
   66         crime committed; specifying and revising who the
   67         target population is for the community control
   68         program; revising departmental requirements for the
   69         operation of the program and caseloads; making
   70         technical changes; specifying the types of facilities
   71         used for the community control program; deleting an
   72         annual reporting requirement of the department to the
   73         Governor and the Legislature which includes certain
   74         information; amending s. 948.101, F.S.; conforming
   75         provisions to changes made by the act; amending s.
   76         948.11, F.S.; requiring, rather than authorizing, the
   77         department to electronically monitor offenders
   78         sentenced to community control under certain
   79         circumstances; conforming terminology to changes made
   80         by the act; amending s. 948.15, F.S.; revising the
   81         required terms of the contract for a private entity
   82         providing services for the supervision of misdemeanor
   83         probationers; repealing s. 948.50, F.S., relating to a
   84         short title; reenacting s. 921.187(1)(n), F.S.,
   85         relating to disposition and sentencing, alternatives,
   86         and restitution, to incorporate the amendment made to
   87         s. 948.013, F.S., in a reference thereto; reenacting
   88         s. 947.1405(7)(b), F.S., relating to the conditional
   89         release program, to incorporate the amendment made to
   90         s. 948.09, F.S., in a reference thereto; reenacting
   91         ss. 947.1747 and 948.01(3), F.S., relating to
   92         community control as a special condition of parole and
   93         when a court may place a defendant on probation or
   94         into community control, respectively, to incorporate
   95         the amendment made to s. 948.10, F.S., in references
   96         thereto; providing an effective date.
   97          
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. Subsection (1) and present subsections (4) and
  101  (9) of section 948.001, Florida Statutes, are amended, and
  102  present subsections (5) through (14) of that section are
  103  redesignated as subsections (4) through (13), respectively, to
  104  read:
  105         948.001 Definitions.—As used in this chapter, the term:
  106         (1) “Administrative probation” means a form of no contact,
  107  nonreporting noncontact supervision in which an offender who
  108  presents a low risk of harm to the community may, upon
  109  satisfactory completion of half the term of probation, be
  110  transferred by the Department of Corrections to this type of
  111  reduced level of supervision, as provided in s. 948.013
  112  nonreporting status until expiration of the term of supervision.
  113         (4) “Community residential drug punishment center” means a
  114  residential drug punishment center designated by the Department
  115  of Corrections. The Department of Corrections shall adopt rules
  116  as necessary to define and operate such a center.
  117         (8)(9) “Probation” means a form of community supervision
  118  requiring specified contacts with parole and probation officers
  119  and other terms and conditions as provided in s. 948.03.
  120         Section 2. Subsections (1) and (5) of section 948.01,
  121  Florida Statutes, are amended to read:
  122         948.01 When court may place defendant on probation or into
  123  community control.—
  124         (1) Any state court having original jurisdiction of
  125  criminal actions may at a time to be determined by the court,
  126  with or without an adjudication of the guilt of the defendant,
  127  hear and determine the question of the probation of a defendant
  128  in a criminal case, except for an offense punishable by death,
  129  who has been found guilty by the verdict of a jury, has entered
  130  a plea of guilty or a plea of nolo contendere, or has been found
  131  guilty by the court trying the case without a jury.
  132         (a) If the court places the defendant on probation or into
  133  community control for a felony, the department shall provide
  134  immediate supervision by an officer employed in compliance with
  135  the minimum qualifications for officers as provided in s.
  136  943.13. A private entity may not provide probationary or
  137  supervision services to felony or misdemeanor offenders
  138  sentenced or placed on probation or other supervision by the
  139  circuit court.
  140         (b) The department, in consultation with the Office of the
  141  State Courts Administrator, shall revise and make available
  142  develop and disseminate to the courts uniform order of
  143  supervision forms by July 1 of each year or as necessary. The
  144  courts shall use the uniform order of supervision forms provided
  145  by the department for all persons placed on community
  146  supervision.
  147         (5) The imposition of sentence may not be suspended and the
  148  defendant thereupon placed on probation or into community
  149  control unless the defendant is placed under the custody of the
  150  department or another public or private entity. A private entity
  151  may not provide probationary or supervision services to felony
  152  or misdemeanor offenders sentenced or placed on probation or
  153  other supervision by the circuit court.
  154         Section 3. Subsection (1) of section 948.012, Florida
  155  Statutes, is amended, and subsections (4), (5), and (6) of that
  156  section are republished, to read:
  157         948.012 Split sentence of probation or community control
  158  and imprisonment.—
  159         (1) If punishment by imprisonment for a misdemeanor or a
  160  felony, except for a capital felony, is prescribed, the court
  161  may, at the time of sentencing, impose a split sentence whereby
  162  the defendant is to be placed on probation or, with respect to
  163  any such felony, into community control upon completion of any
  164  specified period of such sentence which may include a term of
  165  years or less. In such case, the court shall stay and withhold
  166  the imposition of the remainder of sentence imposed upon the
  167  defendant and direct that the defendant be placed upon probation
  168  or into community control after serving such period as may be
  169  imposed by the court. Except as provided in s. 944.4731(2)(b)
  170  and subsection (6), the period of probation or community control
  171  shall commence immediately upon the release of the defendant
  172  from incarceration, whether by parole or gain-time allowances.
  173         (4) Effective for offenses committed on or after September
  174  1, 2005, the court must impose a split sentence pursuant to
  175  subsection (1) for any person who is convicted of a life felony
  176  for lewd and lascivious molestation pursuant to s. 800.04(5)(b)
  177  if the court imposes a term of years in accordance with s.
  178  775.082(3)(a)4.a.(II) rather than life imprisonment. The
  179  probation or community control portion of the split sentence
  180  imposed by the court for a defendant must extend for the
  181  duration of the defendant’s natural life and include a condition
  182  that he or she be electronically monitored.
  183         (5)(a) Effective for offenses committed on or after October
  184  1, 2014, if the court imposes a term of years in accordance with
  185  s. 775.082 which is less than the maximum sentence for the
  186  offense, the court must impose a split sentence pursuant to
  187  subsection (1) for any person who is convicted of a violation
  188  of:
  189         1. Section 782.04(1)(a)2.c.;
  190         2. Section 787.01(3)(a)2. or 3.;
  191         3. Section 787.02(3)(a)2. or 3.;
  192         4. Section 794.011, excluding s. 794.011(10);
  193         5. Section 800.04;
  194         6. Section 825.1025; or
  195         7. Section 847.0135(5).
  196         (b) The probation or community control portion of the split
  197  sentence imposed by the court must extend for at least 2 years.
  198  However, if the term of years imposed by the court extends to
  199  within 2 years of the maximum sentence for the offense, the
  200  probation or community control portion of the split sentence
  201  must extend for the remainder of the maximum sentence.
  202         (6) If a defendant who has been sentenced to a split
  203  sentence pursuant to subsection (1) is transferred to the
  204  custody of the Department of Children and Families pursuant to
  205  part V of chapter 394, the period of probation or community
  206  control is tolled until such person is no longer in the custody
  207  of the Department of Children and Families. This subsection
  208  applies to all sentences of probation or community control which
  209  begin on or after October 1, 2014, regardless of the date of the
  210  underlying offense.
  211         Section 4. Subsection (2) of section 948.013, Florida
  212  Statutes, is amended to read:
  213         948.013 Administrative probation.—
  214         (2) Effective for an offense committed on or after July 1,
  215  1998, a person is ineligible for placement on administrative
  216  probation if the person is sentenced to or is serving a term of
  217  probation or community control, regardless of the conviction or
  218  adjudication, for committing, or attempting, conspiring, or
  219  soliciting to commit, any of the felony offenses described in s.
  220  775.21(4)(a)1.a. or (4)(a)1.b. or s. 943.0435(1)(h)1.a. s.
  221  787.01 or s. 787.02, where the victim is a minor and the
  222  defendant is not the victim’s parent; s. 787.025; s.
  223  787.06(3)(g); chapter 794; former s. 796.03; s. 800.04; s.
  224  825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s.
  225  847.0145.
  226         Section 5. Paragraphs (a), (b), (l), and (m) of subsection
  227  (1) and subsection (2) of section 948.03, Florida Statutes, are
  228  amended to read:
  229         948.03 Terms and conditions of probation.—
  230         (1) The court shall determine the terms and conditions of
  231  probation. Conditions specified in this section do not require
  232  oral pronouncement at the time of sentencing and may be
  233  considered standard conditions of probation. These conditions
  234  may include among them the following, that the probationer or
  235  offender in community control shall:
  236         (a) Report to the probation officer and parole supervisors
  237  as directed.
  238         (b) Permit the probation officer such supervisors to visit
  239  him or her at his or her home or elsewhere.
  240         (l)1. Submit to random testing as directed by the
  241  correctional probation officer or the professional staff of the
  242  treatment center where he or she is receiving treatment to
  243  determine the presence or use of alcohol or controlled
  244  substances.
  245         2. If the offense was a controlled substance violation and
  246  the period of probation immediately follows a period of
  247  incarceration in the state correction system, the conditions
  248  must shall include a requirement that the offender submit to
  249  random substance abuse testing intermittently throughout the
  250  term of supervision, upon the direction of the correctional
  251  probation officer as defined in s. 943.10(3).
  252         (m) Be prohibited from possessing, carrying, or owning any:
  253         1. Firearm.
  254         2. Weapon without first procuring the consent of the
  255  correctional probation officer.
  256         (2) The enumeration of specific kinds of terms and
  257  conditions does shall not prevent the court from adding thereto
  258  such other or others as it considers proper. However, the
  259  sentencing court may only impose a condition of supervision
  260  allowing an offender convicted of s. 794.011, s. 800.04, s.
  261  827.071, s. 847.0135(5), or s. 847.0145, to reside in another
  262  state, if the order stipulates that it is contingent upon the
  263  approval of the receiving state interstate compact authority.
  264  The court may rescind or modify at any time the terms and
  265  conditions theretofore imposed by it upon the probationer.
  266  However, if the court withholds adjudication of guilt or imposes
  267  a period of incarceration as a condition of probation, the
  268  period may shall not exceed 364 days, and incarceration shall be
  269  restricted to either a county facility, or a probation and
  270  restitution center under the jurisdiction of the Department of
  271  Corrections, a probation program drug punishment phase I secure
  272  residential treatment institution, or a community residential
  273  facility owned or operated by any entity providing such
  274  services.
  275         Section 6. Section 948.031, Florida Statutes, is amended to
  276  read:
  277         948.031 Condition of probation or community control;
  278  community public service.—
  279         (1) Any person who is convicted of a felony or misdemeanor
  280  and who is placed on probation or into community control may be
  281  required as a condition of supervision to perform some type of
  282  community public service for a tax-supported or tax-exempt
  283  entity, with the consent of such entity. Such community public
  284  service shall be performed at a time other than during such
  285  person’s regular hours of employment.
  286         (2) Upon the request of the chief judge of the circuit, the
  287  Department of Corrections shall establish a community public
  288  service program for a county, which program may include, but is
  289  shall not be limited to, any of the following types of community
  290  public service:
  291         (a) Maintenance work on any property or building owned or
  292  leased by any state, county, or municipality or any nonprofit
  293  organization or agency.
  294         (b) Maintenance work on any state-owned, county-owned, or
  295  municipally owned road or highway.
  296         (c) Landscaping or maintenance work in any state, county,
  297  or municipal park or recreation area.
  298         (d) Work in any state, county, or municipal hospital or any
  299  developmental services institution or other nonprofit
  300  organization or agency.
  301         Section 7. Subsections (1) and (3) of section 948.035,
  302  Florida Statutes, are amended to read:
  303         948.035 Residential treatment as a condition of probation
  304  or community control.—
  305         (1) If the court imposes a period of residential treatment
  306  or incarceration as a condition of probation or community
  307  control, the residential treatment or incarceration shall be
  308  restricted to the following facilities:
  309         (a) A Department of Corrections probation and restitution
  310  center;
  311         (b) A probation program drug punishment treatment
  312  community;
  313         (b)(c) A community residential facility that which is owned
  314  and operated by a any public or private entity, excluding a
  315  community correctional center as defined in s. 944.026; or
  316         (c)(d) A county-owned facility.
  317         (3) Before Prior to admission to such a facility or center
  318  treatment community, a qualified practitioner must provide the
  319  court shall obtain an individual assessment and recommendation
  320  on the appropriate treatment needs pursuant to the Community
  321  Control Implementation Manual which shall be considered by the
  322  court in ordering such placements. Placement in such a facility
  323  or center may, or in the phase I secure residential phase of a
  324  probation program drug punishment treatment community, shall not
  325  exceed 364 days. Early completion of an offender’s placement
  326  shall be recommended to the court, when appropriate, by the
  327  facility or center supervisor, by the supervising probation
  328  officer, or by the program manager. The Department of
  329  Corrections is authorized to contract with appropriate agencies
  330  for provision of services.
  331         Section 8. Subsection (1) of section 948.037, Florida
  332  Statutes, is amended to read:
  333         948.037 Education and learning as a condition of probation
  334  or community control.—
  335         (1) As a condition of community control, probation, or
  336  probation following incarceration, the court may shall require
  337  an offender who has not obtained a high school diploma or high
  338  school equivalency diploma or who lacks basic or functional
  339  literacy skills, upon acceptance by an adult education program,
  340  to make a good faith effort toward completion of such basic or
  341  functional literacy skills or high school equivalency diploma,
  342  as defined in s. 1003.435, in accordance with the assessed adult
  343  general education needs of the individual offender. The court
  344  may shall not revoke community control, probation, or probation
  345  following incarceration because of the offender’s inability to
  346  achieve such skills or diploma but may revoke community control,
  347  probation, or probation following incarceration if the offender
  348  fails to make a good faith effort to achieve such skills or
  349  diploma. The court may grant early termination of community
  350  control, probation, or probation following incarceration upon
  351  the offender’s successful completion of the approved program. As
  352  used in this subsection, “good faith effort” means the offender
  353  is enrolled in a program of instruction and is attending and
  354  making satisfactory progress toward completion of the
  355  requirements.
  356         Section 9. Paragraphs (a), (e), (f), and (g) of subsection
  357  (1) of section 948.06, Florida Statutes, are amended to read:
  358         948.06 Violation of probation or community control;
  359  revocation; modification; continuance; failure to pay
  360  restitution or cost of supervision.—
  361         (1)(a) Whenever within the period of probation or community
  362  control there are reasonable grounds to believe that a
  363  probationer or offender in community control has violated his or
  364  her probation or community control in a material respect, any
  365  law enforcement officer who is aware of the probationary or
  366  community control status of the probationer or offender in
  367  community control or any parole or probation officer supervisor
  368  may arrest or request any county or municipal law enforcement
  369  officer to arrest such probationer or offender without warrant
  370  wherever found and return him or her to the court granting such
  371  probation or community control.
  372         (e) Any parole or probation officer supervisor, any officer
  373  authorized to serve criminal process, or any peace officer of
  374  this state is authorized to serve and execute such warrant. Any
  375  parole or probation officer supervisor is authorized to serve
  376  such notice to appear.
  377         (f) Upon the filing of an affidavit alleging a violation of
  378  probation or community control and following issuance of a
  379  warrant for such violation under s. 901.02, a warrantless arrest
  380  under this section, or a notice to appear under this section,
  381  the probationary period is tolled until the court enters a
  382  ruling on the violation. Notwithstanding the tolling of
  383  probation, the court shall retain jurisdiction over the offender
  384  for any violation of the conditions of probation or community
  385  control that is alleged to have occurred during the tolling
  386  period. The probation officer is permitted to continue to
  387  supervise any offender who remains available to the officer for
  388  supervision until the supervision expires pursuant to the order
  389  of probation or community control or until the court revokes or
  390  terminates the probation or community control, whichever comes
  391  first.
  392         (g) The chief judge of each judicial circuit may direct the
  393  department to use a notification letter of a technical violation
  394  in appropriate cases in lieu of a violation report, affidavit,
  395  and warrant or a notice to appear when the alleged violation is
  396  not a new felony or misdemeanor offense. Such direction must be
  397  in writing and must specify the types of specific technical
  398  violations which are to be reported by a notification letter of
  399  a technical violation, any exceptions to those violations, and
  400  the required process for submission. At the direction of the
  401  chief judge, the department shall send the notification letter
  402  of a technical violation to the court.
  403         Section 10. Section 948.09, Florida Statutes, is amended to
  404  read:
  405         948.09 Payment for cost of supervision and other monetary
  406  obligations rehabilitation.—
  407         (1)(a)1. Any person ordered by the court, the Department of
  408  Corrections, or the Florida Commission on Offender Review to be
  409  placed under on probation, drug offender probation, community
  410  control, parole, control release, provisional release
  411  supervision, addiction-recovery supervision, or conditional
  412  release supervision under this chapter, chapter 944, chapter
  413  945, chapter 947, or chapter 958, or in a pretrial intervention
  414  program, must, as a condition of any placement, pay the
  415  department a total sum of money equal to the total month or
  416  portion of a month of supervision times the court-ordered
  417  amount, but not to exceed the actual per diem cost of the
  418  supervision. The department shall adopt rules by which an
  419  offender who pays in full and in advance of regular termination
  420  of supervision may receive a reduction in the amount due. The
  421  rules shall incorporate provisions by which the offender’s
  422  ability to pay is linked to an established written payment plan.
  423  Funds collected from felony offenders may be used to offset
  424  costs of the Department of Corrections associated with community
  425  supervision programs, subject to appropriation by the
  426  Legislature.
  427         2. In addition to any other contribution or surcharge
  428  imposed by this section, each felony offender assessed under
  429  this paragraph shall pay a $2-per-month surcharge to the
  430  department. The surcharge shall be deemed to be paid only after
  431  the full amount of any monthly payment required by the
  432  established written payment plan has been collected by the
  433  department. These funds shall be used by the department to pay
  434  for correctional probation officers’ training and equipment,
  435  including radios, and firearms training, firearms, and attendant
  436  equipment necessary to train and equip officers who choose to
  437  carry a concealed firearm while on duty. This subparagraph does
  438  not limit the department’s authority to determine who shall be
  439  authorized to carry a concealed firearm while on duty, or limit
  440  the right of a correctional probation officer to carry a
  441  personal firearm approved by the department.
  442         (b) Any person placed on misdemeanor probation by a county
  443  court must contribute not less than $40 per month, as decided by
  444  the sentencing court, to the court-approved public or private
  445  entity providing misdemeanor supervision.
  446         (2) Any person being electronically monitored by the
  447  department as a result of being placed on supervision shall pay
  448  the department for electronic monitoring services at a rate that
  449  may not exceed the full cost of the monitoring service in
  450  addition to the cost of supervision as directed by the
  451  sentencing court. The funds collected under this subsection
  452  shall be deposited in the General Revenue Fund. The department
  453  may exempt a person from paying all or any part of the costs of
  454  the electronic monitoring service if it finds that any of the
  455  factors listed in subsection (3) exist.
  456         (3) Any failure to pay contribution as required under this
  457  section may constitute a ground for the revocation of
  458  supervision probation by the court or, the revocation of parole
  459  or conditional release by the Florida Commission on Offender
  460  Review, the revocation of control release by the Control Release
  461  Authority, or the removal from the pretrial intervention program
  462  by the state attorney. The Department of Corrections may exempt
  463  a person from the payment of all or any part of the contribution
  464  if it finds any of the following factors to exist:
  465         (a) The offender has diligently attempted, but has been
  466  unable, to obtain or maintain employment that which provides him
  467  or her sufficient income to make such payments.
  468         (b) The offender is a student in a school, college,
  469  university, or course of career training designed to fit the
  470  student for gainful employment. Certification of such student
  471  status shall be supplied to the offender’s probation officer
  472  Secretary of Corrections by the educational institution in which
  473  the offender is enrolled.
  474         (c) The offender has an employment handicap, as determined
  475  by a physical, psychological, or psychiatric examination
  476  acceptable to, or ordered by, the secretary.
  477         (d) The offender’s age prevents him or her from obtaining
  478  employment.
  479         (e) The offender is responsible for the support of
  480  dependents, and the payment of such contribution constitutes an
  481  undue hardship on the offender.
  482         (f) The offender has been transferred outside the state
  483  under an interstate compact adopted pursuant to chapter 949.
  484         (g) There are other extenuating circumstances, as
  485  determined by the secretary.
  486         (4) In addition to the contribution required under
  487  subsection (1), the department may provide a maximum payment of
  488  $10 per month for each misdemeanor probationer who is
  489  contributing $10 per month to the court-approved public or
  490  private entity which is providing him or her with misdemeanor
  491  supervision or rehabilitation. The $10 payment set forth herein
  492  shall only be for first degree misdemeanors, petty theft, and
  493  worthless checks. The department shall make such payment to the
  494  court-approved public or private entity which is providing
  495  supervision to the offender under this section. Such payment
  496  shall be implemented through a contract to be entered into by
  497  the Secretary of Corrections and the entity. Terms of the
  498  contract shall state, but are not limited to, the extent of the
  499  services to be rendered by the entity providing supervision or
  500  rehabilitation. In addition, the entity shall supply the
  501  department with a monthly report documenting the acceptance of
  502  each offender placed under its supervision by the court,
  503  documenting the payment of the required contribution by each
  504  offender under supervision or rehabilitation, and notifying the
  505  department of all offenders for whom supervision or
  506  rehabilitation will be terminated. Supervisory records of the
  507  entity shall be open to inspection upon the request of the
  508  department or its agents.
  509         (4)(5) As a condition of an interstate compact adopted
  510  pursuant to chapter 949, the department shall require each out
  511  of-state probationer or parolee transferred to this state to
  512  contribute not less than $30 or more than the cost of
  513  supervision, certified by the Department of Corrections, per
  514  month to defray the cost incurred by this state as a result of
  515  providing supervision and rehabilitation during the period of
  516  supervision.
  517         (5)(6) In addition to any other required contributions, the
  518  department, at its discretion, may require offenders under any
  519  form of supervision to submit to and pay for urinalysis testing
  520  to identify drug usage as part of the rehabilitation program.
  521  Any failure to make such payment, or participate, may be
  522  considered a ground for revocation by the court, the Florida
  523  Commission on Offender Review, or the Control Release Authority,
  524  or for removal from the pretrial intervention program by the
  525  state attorney. The department may exempt a person from such
  526  payment if it determines that any of the factors specified in
  527  subsection (3) exist.
  528         (6)(7) The department shall establish a payment plan for
  529  all costs ordered by the courts for collection by the department
  530  and a priority order for payments, except that victim
  531  restitution payments authorized under s. 948.03(1)(f) take
  532  precedence over all other court-ordered payments. The department
  533  is not required to disburse cumulative amounts of less than $10
  534  to individual payees established on this payment plan.
  535         Section 11. Section 948.10, Florida Statutes, is amended to
  536  read:
  537         948.10 Community control programs; home confinement.—
  538         (1) The Department of Corrections shall develop and
  539  administer a community control program. This complementary
  540  program shall be rigidly structured and designed to accommodate
  541  offenders who, in the absence of such a program, would have been
  542  incarcerated in a jail or prison. The program shall focus on the
  543  provision of home confinement subject to an authorized level of
  544  limited freedom and special conditions sanctions and
  545  consequences which that are commensurate with the seriousness of
  546  the crime. The program shall offer the courts and the Florida
  547  Commission on Offender Review an alternative, community-based
  548  method to punish an offender in lieu of incarceration and shall
  549  provide intensive supervision to closely monitor compliance with
  550  restrictions and special conditions, including, but not limited
  551  to, treatment or rehabilitative programs. The targeted
  552  population for this community control program includes if the
  553  offender is a member of one of the following target groups:
  554         (a) Probation violators charged with technical violations
  555  or new misdemeanor violations of law.
  556         (b) Parole or conditional release violators charged with
  557  technical violations or new misdemeanor violations of law.
  558         (c) Individuals found guilty of felonies, who, due to their
  559  criminal backgrounds or the seriousness of the offenses, would
  560  not be placed on regular probation.
  561         (2) The department shall commit not less than 10 percent of
  562  the parole and probation field staff and supporting resources to
  563  the operation of the community control program. Caseloads should
  564  be restricted to a maximum of 30 25 cases per officer in order
  565  to ensure an adequate level of staffing. Community control is an
  566  individualized program in which the offender is restricted to a
  567  residential treatment facility or a nursing facility
  568  noninstitutional quarters or restricted to his or her approved
  569  own residence subject to an authorized level of limited freedom.
  570         (3) Procedures governing violations of community control
  571  are shall be the same as those described in s. 948.06 with
  572  respect to probation.
  573         (4) Upon completion of the sanctions imposed and in the
  574  community control plan before the expiration of the community
  575  control term ordered by the court, the department may petition
  576  the court to terminate early the supervision of discharge the
  577  offender from community control supervision or to return the
  578  offender to a program of regular probation supervision for the
  579  remainder of the term. In considering the petition, the court
  580  should recognize the limited staff resources committed to the
  581  community control program, the purpose of the program, and the
  582  offender’s successful compliance with the conditions set forth
  583  in the order of the court.
  584         (5) In its annual report to the Governor, the President of
  585  the Senate, and the Speaker of the House of Representatives
  586  under s. 20.315(5), the department shall include a detailed
  587  analysis of the community control program and the department’s
  588  specific efforts to protect the public from offenders placed on
  589  community control. The analysis must include, but need not be
  590  limited to, specific information on the department’s ability to
  591  meet minimum officer-to-offender contact standards, the number
  592  of crimes committed by offenders on community control, and the
  593  level of community supervision provided.
  594         Section 12. Subsection (2) of section 948.101, Florida
  595  Statutes, is amended to read:
  596         948.101 Terms and conditions of community control.—
  597         (2) The enumeration of specific kinds of terms and
  598  conditions does not prevent the court from adding any other
  599  terms or conditions that the court considers proper. However,
  600  the sentencing court may only impose a condition of supervision
  601  allowing an offender convicted of s. 794.011, s. 800.04, s.
  602  827.071, s. 847.0135(5), or s. 847.0145 to reside in another
  603  state if the order stipulates that it is contingent upon the
  604  approval of the receiving state interstate compact authority.
  605  The court may rescind or modify at any time the terms and
  606  conditions theretofore imposed by it upon the offender in
  607  community control. However, if the court withholds adjudication
  608  of guilt or imposes a period of incarceration as a condition of
  609  community control, the period may not exceed 364 days, and
  610  incarceration shall be restricted to a county facility, a
  611  probation and restitution center under the jurisdiction of the
  612  Department of Corrections, or a probation program drug
  613  punishment phase I secure residential treatment institution, or
  614  a community residential facility owned or operated by any entity
  615  providing such services.
  616         Section 13. Subsections (1), (2), and (3) of section
  617  948.11, Florida Statutes, are amended, and subsection (5) of
  618  that section is republished, to read:
  619         948.11 Electronic monitoring devices.—
  620         (1) The Department of Corrections shall may electronically
  621  monitor an offender sentenced to community control when the
  622  court has imposed electronic monitoring as a condition of
  623  community control.
  624         (2) Any offender placed under supervision on community
  625  control who violates the terms and conditions of supervision
  626  community control and is restored to supervision community
  627  control may be supervised by means of an electronic monitoring
  628  device or system if ordered by the court.
  629         (3) For those offenders being electronically monitored, the
  630  Department of Corrections shall develop procedures to determine,
  631  investigate, and report the offender’s noncompliance with the
  632  terms and conditions of sentence 24 hours per day. All reports
  633  of noncompliance shall be immediately investigated by a
  634  probation community control officer.
  635         (5) Any person being electronically monitored by the
  636  department as a result of being placed on supervision shall pay
  637  the department for the electronic monitoring services as
  638  provided in s. 948.09(2).
  639         Section 14. Paragraph (b) of subsection (3) of section
  640  948.15, Florida Statutes, is amended to read:
  641         948.15 Misdemeanor probation services.—
  642         (3) Any private entity, including a licensed substance
  643  abuse education and intervention program, providing services for
  644  the supervision of misdemeanor probationers must contract with
  645  the county in which the services are to be rendered. In a county
  646  having a population of fewer than 70,000, the county court
  647  judge, or the administrative judge of the county court in a
  648  county that has more than one county court judge, must approve
  649  the contract. Terms of the contract must state, but are not
  650  limited to:
  651         (b) Staff qualifications and criminal record checks of
  652  staff in accordance with essential standards established by the
  653  American Correctional Association as of January 1, 1991.
  654  
  655  In addition, the entity shall supply the chief judge’s office
  656  with a quarterly report summarizing the number of offenders
  657  supervised by the private entity, payment of the required
  658  contribution under supervision or rehabilitation, and the number
  659  of offenders for whom supervision or rehabilitation will be
  660  terminated. All records of the entity must be open to inspection
  661  upon the request of the county, the court, the Auditor General,
  662  the Office of Program Policy Analysis and Government
  663  Accountability, or agents thereof.
  664         Section 15. Section 948.50, Florida Statutes, is repealed.
  665         Section 16. For the purpose of incorporating the amendment
  666  made by this act to section 948.013, Florida Statutes, in a
  667  reference thereto, paragraph (n) of subsection (1) of section
  668  921.187, Florida Statutes, is reenacted to read:
  669         921.187 Disposition and sentencing; alternatives;
  670  restitution.—
  671         (1) The alternatives provided in this section for the
  672  disposition of criminal cases shall be used in a manner that
  673  will best serve the needs of society, punish criminal offenders,
  674  and provide the opportunity for rehabilitation. If the offender
  675  does not receive a state prison sentence, the court may:
  676         (n) Impose split probation whereby upon satisfactory
  677  completion of half the term of probation, the Department of
  678  Corrections may place the offender on administrative probation
  679  pursuant to s. 948.013 for the remainder of the term of
  680  supervision.
  681         Section 17. For the purpose of incorporating the amendment
  682  made by this act to section 948.09, Florida Statutes, in a
  683  reference thereto, paragraph (b) of subsection (7) of section
  684  947.1405, Florida Statutes, is reenacted to read:
  685         947.1405 Conditional release program.—
  686         (7)
  687         (b) For a releasee whose crime was committed on or after
  688  October 1, 1997, in violation of chapter 794, s. 800.04, s.
  689  827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
  690  conditional release supervision, in addition to any other
  691  provision of this subsection, the commission shall impose the
  692  following additional conditions of conditional release
  693  supervision:
  694         1. As part of a treatment program, participation in a
  695  minimum of one annual polygraph examination to obtain
  696  information necessary for risk management and treatment and to
  697  reduce the sex offender’s denial mechanisms. The polygraph
  698  examination must be conducted by a polygrapher who is a member
  699  of a national or state polygraph association and who is
  700  certified as a postconviction sex offender polygrapher, where
  701  available, and at the expense of the releasee. The results of
  702  the examination shall be provided to the releasee’s probation
  703  officer and qualified practitioner and may not be used as
  704  evidence in a hearing to prove that a violation of supervision
  705  has occurred.
  706         2. Maintenance of a driving log and a prohibition against
  707  driving a motor vehicle alone without the prior approval of the
  708  supervising officer.
  709         3. A prohibition against obtaining or using a post office
  710  box without the prior approval of the supervising officer.
  711         4. If there was sexual contact, a submission to, at the
  712  releasee’s expense, an HIV test with the results to be released
  713  to the victim or the victim’s parent or guardian.
  714         5. Electronic monitoring of any form when ordered by the
  715  commission. Any person who has been placed under supervision and
  716  is electronically monitored by the department must pay the
  717  department for the cost of the electronic monitoring service at
  718  a rate that may not exceed the full cost of the monitoring
  719  service. Funds collected under this subparagraph shall be
  720  deposited into the General Revenue Fund. The department may
  721  exempt a person from the payment of all or any part of the
  722  electronic monitoring service cost if the department finds that
  723  any of the factors listed in s. 948.09(3) exist.
  724         Section 18. For the purpose of incorporating the amendment
  725  made by this act to section 948.10, Florida Statutes, in a
  726  reference thereto, section 947.1747, Florida Statutes, is
  727  reenacted to read:
  728         947.1747 Community control as a special condition of
  729  parole.—Upon the establishment of an effective parole release
  730  date as provided for in ss. 947.1745 and 947.1746, the
  731  commission may, as a special condition of parole, require an
  732  inmate to be placed in the community control program of the
  733  Department of Corrections as described in s. 948.10 for a period
  734  not exceeding 6 months. In every case in which the commission
  735  decides to place an inmate on community control as a special
  736  condition of parole, the commission shall provide a written
  737  explanation of the reasons for its decision.
  738         Section 19. For the purpose of incorporating the amendment
  739  made by this act to section 948.10, Florida Statutes, in a
  740  reference thereto, subsection (3) of section 948.01, Florida
  741  Statutes, is reenacted to read:
  742         948.01 When court may place defendant on probation or into
  743  community control.—
  744         (3) If, after considering the provisions of subsection (2)
  745  and the offender’s prior record or the seriousness of the
  746  offense, it appears to the court in the case of a felony
  747  disposition that probation is an unsuitable dispositional
  748  alternative to imprisonment, the court may place the offender in
  749  a community control program as provided in s. 948.10. Or, in a
  750  case of prior disposition of a felony commitment, upon motion of
  751  the offender or the department or upon its own motion, the court
  752  may, within the period of its retained jurisdiction following
  753  commitment, suspend the further execution of the disposition and
  754  place the offender in a community control program upon such
  755  terms as the court may require. The court may consult with a
  756  local offender advisory council pursuant to s. 948.90 with
  757  respect to the placement of an offender into community control.
  758  Not later than 3 working days before the hearing on the motion,
  759  the department shall forward to the court all relevant material
  760  on the offender’s progress while in custody. If this sentencing
  761  alternative to incarceration is utilized, the court shall:
  762         (a) Determine what community-based sanctions will be
  763  imposed in the community control plan. Community-based sanctions
  764  may include, but are not limited to, rehabilitative restitution
  765  in money or in kind, curfew, revocation or suspension of the
  766  driver license, community service, deprivation of nonessential
  767  activities or privileges, or other appropriate restraints on the
  768  offender’s liberty.
  769         (b) After appropriate sanctions for the offense are
  770  determined, develop, approve, and order a plan of community
  771  control which contains rules, requirements, conditions, and
  772  programs that are designed to encourage noncriminal functional
  773  behavior and promote the rehabilitation of the offender and the
  774  protection of the community. If the offense was a controlled
  775  substance violation, the conditions shall include a requirement
  776  that the offender submit to random substance abuse testing
  777  intermittently throughout the term of supervision, upon the
  778  direction of the correctional probation officer as defined in s.
  779  943.10(3).
  780         Section 20. This act shall take effect July 1, 2017.