Florida Senate - 2017 SB 894
By Senator Simmons
9-00517-17 2017894__
1 A bill to be entitled
2 An act relating to arrest warrants for state
3 prisoners; creating s. 948.33, F.S.; authorizing a
4 prisoner in a state prison who has an unserved
5 violation of probation or an unserved violation of
6 community control warrant to file a notice of unserved
7 warrant in the circuit court where the warrant was
8 issued; requiring the prisoner to serve notice on the
9 state attorney; requiring the state attorney to
10 schedule a status hearing within a certain time after
11 receiving notice; specifying procedures and
12 requirements for the status hearing; providing for
13 prosecution of the violation; requiring the court to
14 send the order to the county sheriff; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 948.33, Florida Statutes, is created to
20 read:
21 948.33 Prosecution for violation of probation and community
22 control arrest warrants of state prisoners.—A prisoner in a
23 state prison in this state who has an unserved violation of
24 probation or an unserved violation of community control warrant
25 for his or her arrest may file a state prisoner’s notice of
26 unserved warrant in the circuit court of the judicial circuit in
27 which the unserved warrant was issued. The prisoner must serve
28 notice on the state attorney of that circuit and the state
29 attorney must schedule the notice for a status hearing before
30 the circuit court within 90 days after receipt of the notice.
31 The state prisoner may not be transported to the status hearing.
32 At the status hearing the state attorney shall inform the court
33 whether there is an unserved violation of probation or an
34 unserved violation of community control warrant for the arrest
35 of the state prisoner. If a warrant for either violation exists,
36 the court must order the state attorney to submit to the court
37 within 30 days after the status hearing an order to transport
38 the state prisoner to the county jail of the county that issued
39 the warrant for prosecution of the violation and the court shall
40 send the order to the county sheriff for execution.
41 Section 2. This act shall take effect July 1, 2017.