Florida Senate - 2018 SB 868 By Senator Bracy 11-00694-18 2018868__ 1 A bill to be entitled 2 An act relating to presentence information; amending 3 ss. 921.231 and 948.015, F.S.; requiring the 4 Department of Corrections to report specified 5 sentencing information regarding first-time offenders 6 in a presentence report; amending s. 948.08, F.S.; 7 making a clarifying technical change; reenacting s. 8 944.17(5), F.S., relating to commitments, 9 classifications, and transfers to the state 10 correctional system, to incorporate the amendment made 11 to s. 921.231, F.S., in a reference thereto; providing 12 an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (1) of section 921.231, Florida 17 Statutes, is amended to read: 18 921.231 Presentence investigation reports.— 19 (1) Any circuit court of the state, when the defendant in a 20 criminal case has been found guilty or has entered a plea of 21 nolo contendere or guilty, may refer the case to the Department 22 of Corrections for investigation and recommendation. Upon 23 request of the court, it shall be the duty of the department to 24 make either or both of the following reports in writing to the 25 circuit court at a specified time prior to sentencing, depending 26 upon the circumstances of the offender and the offense. The full 27 report shall include: 28 (a) A complete description of the situation surrounding the 29 criminal activity with which the offender has been charged, 30 including a synopsis of the trial transcript, if one has been 31 made; nature of the plea agreement including the number of 32 counts waived, the pleas agreed upon, the sentence agreed upon, 33 and additional terms of agreement; and, at the offender’s 34 discretion, his or her version and explanation of the act. 35 (b) The offender’s sentencing status, including whether the 36 offender is a first-timefirstoffender, habitual offender, or 37 youthful offender or is currently on probation. 38 (c) The offender’s prior record of arrests and convictions. 39 (d) The offender’s educational background. 40 (e) The offender’s employment background, including any 41 military record, his or her present employment status, and his 42 or her occupational capabilities. 43 (f) The offender’s financial status, including total 44 monthly income and estimated total debts. 45 (g) The social history of the offender, including his or 46 her family relationships, marital status, interests, and related 47 activities. 48 (h) The residence history of the offender. 49 (i) The offender’s medical history and, as appropriate, a 50 psychological or psychiatric evaluation. 51 (j) Information about the environments to which the 52 offender might return or to which the offender could be sent 53 should a sentence of nonincarceration or community supervision 54 be imposed by the court and consideration of the offender’s plan 55 concerning employment supervision and treatment. 56 (k) Information about any resources available to assist the 57 offender, such as: 58 1. Treatment centers. 59 2. Residential facilities. 60 3. Vocational training programs. 61 4. Special education programs. 62 5. Services that may preclude or supplement commitment to 63 the department. 64 (l) The views of the person preparing the report as to the 65 offender’s motivations and ambitions and an assessment of the 66 offender’s explanations for his or her criminal activity. 67 (m) An explanation of the offender’s criminal record, if 68 any, including his or her version and explanation of any 69 previous offenses. 70 (n) A statement regarding the extent of the victim’s loss 71 or injury. 72 (o) A recommendation as to disposition by the court. It 73 shall be the duty of the department to make a written 74 determination as to the reasons for its recommendation. The 75 department shall include an evaluation of the following factors: 76 1. The appropriateness or inappropriateness of community 77 facilities, programs, or services for treatment or supervision. 78 2. The ability or inability of the department to provide an 79 adequate level of supervision for the offender in the community 80 and a statement of what constitutes an adequate level of 81 supervision. 82 3. The existence of other treatment modalities which the 83 offender could use but which do not exist at present in the 84 community. 85 (p) The statewide mean sentence for first-time offenders 86 convicted of the offender’s primary offense. If applicable, the 87 department shall report that the statewide mean sentence for the 88 primary offense is a nonstate prison sanction or that sentencing 89 data is unavailable. If sentencing data indicates that the 90 statewide mean sentence for the primary offense is a state 91 prison sentence, the department shall report the statewide mean 92 prison sentence in months. Sentencing information required to be 93 provided pursuant to this paragraph shall be based on sentencing 94 data regarding first-time offenders for the year preceding the 95 year in which the offender is to be sentenced for his or her 96 primary offense. 97 98 If requested by the court, the department shall also provide to 99 the court a summary report designed to expeditiously give the 100 court information critical to its approval of any plea. The 101 summary report shall include the information required by 102 paragraphs (a), (b), (c), (j), (m), (n),and(o), and (p). 103 Section 2. Section 948.015, Florida Statutes, is amended to 104 read: 105 948.015 Presentence investigation reports.—The circuit 106 court, when the defendant in a criminal case has been found 107 guilty or has entered a plea of nolo contendere or guilty and 108 has a lowest permissible sentence under the Criminal Punishment 109 Code of any nonstate prison sanction, may refer the case to the 110 department for investigation or recommendation. Upon such 111 referral, the department shall make the following report in 112 writing at a time specified by the court prior to sentencing. 113 The full report shall include: 114 (1) A complete description of the situation surrounding the 115 criminal activity with which the offender has been charged, 116 including a synopsis of the trial transcript, if one has been 117 made; nature of the plea agreement, including the number of 118 counts waived, the pleas agreed upon, the sentence agreed upon, 119 and any additional terms of agreement; and, at the offender’s 120 discretion, his or her version and explanation of the criminal 121 activity. 122 (2) The offender’s sentencing status, including whether the 123 offender is a first-timefirstoffender, a habitual or violent 124 offender, a youthful offender, or is currently on probation. 125 (3) The offender’s prior record of arrests and convictions. 126 (4) The offender’s educational background. 127 (5) The offender’s employment background, including any 128 military record, present employment status, and occupational 129 capabilities. 130 (6) The offender’s financial status, including total 131 monthly income and estimated total debts. 132 (7) The social history of the offender, including his or 133 her family relationships, marital status, interests, and 134 activities. 135 (8) The residence history of the offender. 136 (9) The offender’s medical history and, as appropriate, a 137 psychological or psychiatric evaluation. 138 (10) Information about the environments to which the 139 offender might return or to which the offender could be sent 140 should a sentence of nonincarceration or community supervision 141 be imposed by the court, and consideration of the offender’s 142 plan concerning employment supervision and treatment. 143 (11) Information about any resources available to assist 144 the offender, such as: 145 (a) Treatment centers. 146 (b) Residential facilities. 147 (c) Career training programs. 148 (d) Special education programs. 149 (e) Services that may preclude or supplement commitment to 150 the department. 151 (12) The views of the person preparing the report as to the 152 offender’s motivations and ambitions and an assessment of the 153 offender’s explanations for his or her criminal activity. 154 (13) An explanation of the offender’s criminal record, if 155 any, including his or her version and explanation of any 156 previous offenses. 157 (14) A statement regarding the extent of any victim’s loss 158 or injury. 159 (15) A recommendation as to disposition by the court. The 160 department shall make a written determination as to the reasons 161 for its recommendation, and shall include an evaluation of the 162 following factors: 163 (a) The appropriateness or inappropriateness of community 164 facilities, programs, or services for treatment or supervision 165 for the offender. 166 (b) The ability or inability of the department to provide 167 an adequate level of supervision for the offender in the 168 community and a statement of what constitutes an adequate level 169 of supervision. 170 (c) The existence of other treatment modalities which the 171 offender could use but which do not exist at present in the 172 community. 173 (16) The statewide mean sentence for first-time offenders 174 convicted of the offender’s primary offense. If applicable, the 175 department shall report that the statewide mean sentence for the 176 primary offense is a nonstate prison sanction or that sentencing 177 data is unavailable. If sentencing data indicates that the 178 statewide mean sentence for the primary offense is a state 179 prison sentence, the department shall report the statewide mean 180 prison sentence in months. Sentencing information required to be 181 provided pursuant to this subsection shall be based on 182 sentencing data regarding first-time offenders for the year 183 preceding the year in which the offender is to be sentenced for 184 his or her primary offense. 185 Section 3. Subsection (2) of section 948.08, Florida 186 Statutes, is amended to read: 187 948.08 Pretrial intervention program.— 188 (2) A first-timeAny firstoffender, or aanyperson 189 previously convicted of not more than one nonviolent 190 misdemeanor, who is charged with any misdemeanor or felony of 191 the third degree is eligible for release to the pretrial 192 intervention program on the approval of the administrator of the 193 program and the consent of the victim, the state attorney, and 194 the judge who presided at the initial appearance hearing of the 195 offender. However, the defendant may not be released to the 196 pretrial intervention program unless, after consultation with 197 his or her attorney, he or she has voluntarily agreed to such 198 program and has knowingly and intelligently waived his or her 199 right to a speedy trial for the period of his or her diversion. 200 The defendant or the defendant’s immediate family may not 201 personally contact the victim or the victim’s immediate family 202 to acquire the victim’s consent under this section. 203 Section 4. For the purpose of incorporating the amendments 204 made by this act to section 921.231, Florida Statutes, in a 205 reference thereto, subsection (5) of section 944.17, Florida 206 Statutes, is reenacted to read: 207 944.17 Commitments and classification; transfers.— 208 (5) The department shall also refuse to accept a person 209 into the state correctional system unless the following 210 documents are presented in a completed form by the sheriff or 211 chief correctional officer, or a designated representative, to 212 the officer in charge of the reception process. The department 213 may, at its discretion, receive such documents electronically: 214 (a) The uniform commitment and judgment and sentence forms 215 as described in subsection (4). 216 (b) The sheriff’s certificate as described in s. 921.161. 217 (c) A certified copy of the indictment or information 218 relating to the offense for which the person was convicted. 219 (d) A copy of the probable cause affidavit for each offense 220 identified in the current indictment or information. 221 (e) A copy of the Criminal Punishment Code scoresheet and 222 any attachments thereto prepared pursuant to Rule 3.701, Rule 223 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or 224 any other rule pertaining to the preparation of felony 225 sentencing scoresheets. 226 (f) A copy of the restitution order or the reasons by the 227 court for not requiring restitution pursuant to s. 775.089(1). 228 (g) The name and address of any victim, if available. 229 (h) A printout of a current criminal history record as 230 provided through an FCIC/NCIC printer. 231 (i) Any available health assessments including medical, 232 mental health, and dental, including laboratory or test 233 findings; custody classification; disciplinary and adjustment; 234 and substance abuse assessment and treatment information which 235 may have been developed during the period of incarceration 236 before the transfer of the person to the department’s custody. 237 Available information shall be transmitted on standard forms 238 developed by the department. 239 240 In addition, the sheriff or other officer having such person in 241 charge shall also deliver with the foregoing documents any 242 available presentence investigation reports as described in s. 243 921.231 and any attached documents. After a prisoner is admitted 244 into the state correctional system, the department may request 245 such additional records relating to the prisoner as it considers 246 necessary from the clerk of the court, the Department of 247 Children and Families, or any other state or county agency for 248 the purpose of determining the prisoner’s proper custody 249 classification, gain-time eligibility, or eligibility for early 250 release programs. An agency that receives such a request from 251 the department must provide the information requested. The 252 department may, at its discretion, receive such information 253 electronically. 254 Section 5. This act shall take effect July 1, 2018.