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-time first offender, 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-time first offender, 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-time Any first offender, or a any person
  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.