Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. CS for SB 642
Ì516056+Î516056
LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Criminal and Civil Justice
(Bracy) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 336 - 544
4 and insert:
5 Section 11. Paragraphs (g) and (h) of subsection (1) of
6 section 948.06, Florida Statutes, are amended to read:
7 948.06 Violation of probation or community control;
8 revocation; modification; continuance; failure to pay
9 restitution or cost of supervision.—
10 (1)
11 (g) The chief judge of each judicial circuit shall may
12 direct the department to use a notification letter of a
13 technical violation in appropriate cases in lieu of a violation
14 report, affidavit, and warrant or a notice to appear when the
15 alleged violation is not a new felony or misdemeanor offense.
16 Such direction must be in writing and must specify the types of
17 specific technical violations which are to be reported by a
18 notification letter of a technical violation, any exceptions to
19 those violations, and the required process for submission. At
20 the direction of the chief judge, the department shall send the
21 notification letter of a technical violation to the court. For
22 purposes of this section, the term “technical violation” means
23 an alleged violation of supervision which is not a new felony
24 offense, a new misdemeanor offense, or a new criminal traffic
25 offense.
26 (h)1. The chief judge of each judicial circuit shall, in
27 consultation with the state attorney and, the public defender,
28 and the department, may establish an alternative sanctioning
29 program to ensure that in which the department, after receiving
30 court approval, may enforce specified sanctions for certain
31 technical violations of probation or community control do not
32 result in returning an individual to jail or prison supervision.
33 For purposes of this paragraph, the term “technical violation”
34 means any alleged violation of supervision that is not a new
35 felony offense, misdemeanor offense, or criminal traffic
36 offense.
37 2. To establish an alternative sanctioning program, the
38 chief judge must issue an administrative order specifying:
39 a. Eligibility criteria.
40 b. The technical violations that are eligible for the
41 program.
42 c. The sanctions that may be recommended by a probation
43 officer for each technical violation.
44 d. The process for reporting technical violations through
45 the alternative sanctioning program, including approved forms.
46 3. If an offender is alleged to have committed a technical
47 violation of supervision that is eligible for the program, the
48 offender may:
49 a. Waive participation in the alternative sanctioning
50 program, in which case the probation officer may submit a
51 violation report, affidavit, and warrant to the court in
52 accordance with this section; or
53 b. Elect to participate in the alternative sanctioning
54 program after receiving written notice of an alleged technical
55 violation and a disclosure of the evidence against the offender,
56 admit to the technical violation, agree to comply with the
57 probation officer’s recommended sanction if subsequently ordered
58 by the court, and agree to waive the right to:
59 (I) Be represented by legal counsel.
60 (II) Require the state to prove his or her guilt before a
61 neutral and detached hearing body.
62 (III) Subpoena witnesses and present to a judge evidence in
63 his or her defense.
64 (IV) Confront and cross-examine adverse witnesses.
65 (V) Receive a written statement from a factfinder as to the
66 evidence relied on and the reasons for the sanction imposed.
67 4. If the offender admits to committing the technical
68 violation and agrees with the probation officer’s recommended
69 sanction, the probation officer must, before imposing the
70 sanction, submit the recommended sanction to the court as well
71 as documentation reflecting the offender’s admission to the
72 technical violation and agreement with the recommended sanction.
73 5. The court may impose the recommended sanction or may
74 direct the department to submit a violation report, affidavit,
75 and warrant to the court in accordance with this section.
76 6. An offender’s participation in an alternative
77 sanctioning program is voluntary. The offender may elect to
78 waive or discontinue participation in an alternative sanctioning
79 program at any time before the issuance of a court order
80 imposing the recommended sanction.
81 7. If an offender waives or discontinues participation in
82 an alternative sanctioning program, the probation officer may
83 submit a violation report, affidavit, and warrant to the court
84 in accordance with this section. The offender’s prior admission
85 to the technical violation may not be used as evidence in
86 subsequent proceedings.
87
88 ================= T I T L E A M E N D M E N T ================
89 And the title is amended as follows:
90 Delete lines 62 - 102
91 and insert:
92 terms of sentence; amending s. 948.06, F.S.;
93 requiring, rather than authorizing, the chief judge of
94 each judicial circuit to direct the department to use
95 a notification letter of a technical violation in
96 certain situations; defining the term “technical
97 violation”; requiring, rather than authorizing, the
98 chief judge to establish an alternative sanctioning
99 program, in consultation with the state attorney and
100 public defender; deleting provisions relating to
101 requirements for an alternative sanctioning program;
102 creating s. 951.30, F.S.; requiring each