Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 642
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Criminal and Civil Justice
       (Bracy) recommended the following:
    1         Senate Amendment to Amendment (271420) (with title
    2  amendment)
    4         Delete lines 3675 - 3924
    5  and insert:
    6         Section 67. Paragraphs (g) and (h) of subsection (1) of
    7  section 948.06, Florida Statutes, are amended to read:
    8         948.06 Violation of probation or community control;
    9  revocation; modification; continuance; failure to pay
   10  restitution or cost of supervision.—
   11         (1)
   12         (g) The chief judge of each judicial circuit shall may
   13  direct the department to use a notification letter of a
   14  technical violation in appropriate cases in lieu of a violation
   15  report, affidavit, and warrant or a notice to appear when the
   16  alleged violation is not a new felony or misdemeanor offense.
   17  Such direction must be in writing and must specify the types of
   18  specific technical violations which are to be reported by a
   19  notification letter of a technical violation, any exceptions to
   20  those violations, and the required process for submission. At
   21  the direction of the chief judge, the department shall send the
   22  notification letter of a technical violation to the court. For
   23  purposes of this section, the term “technical violation” means
   24  an alleged violation of supervision which is not a new felony
   25  offense, a new misdemeanor offense, or a new criminal traffic
   26  offense.
   27         (h)1. The chief judge of each judicial circuit shall, in
   28  consultation with the state attorney and, the public defender,
   29  and the department, may establish an alternative sanctioning
   30  program to ensure that in which the department, after receiving
   31  court approval, may enforce specified sanctions for certain
   32  technical violations of probation or community control do not
   33  result in returning an individual to jail or prison supervision.
   34  For purposes of this paragraph, the term “technical violation”
   35  means any alleged violation of supervision that is not a new
   36  felony offense, misdemeanor offense, or criminal traffic
   37  offense.
   38         2. To establish an alternative sanctioning program, the
   39  chief judge must issue an administrative order specifying:
   40         a. Eligibility criteria.
   41         b. The technical violations that are eligible for the
   42  program.
   43         c. The sanctions that may be recommended by a probation
   44  officer for each technical violation.
   45         d. The process for reporting technical violations through
   46  the alternative sanctioning program, including approved forms.
   47         3. If an offender is alleged to have committed a technical
   48  violation of supervision that is eligible for the program, the
   49  offender may:
   50         a. Waive participation in the alternative sanctioning
   51  program, in which case the probation officer may submit a
   52  violation report, affidavit, and warrant to the court in
   53  accordance with this section; or
   54         b. Elect to participate in the alternative sanctioning
   55  program after receiving written notice of an alleged technical
   56  violation and a disclosure of the evidence against the offender,
   57  admit to the technical violation, agree to comply with the
   58  probation officer’s recommended sanction if subsequently ordered
   59  by the court, and agree to waive the right to:
   60         (I) Be represented by legal counsel.
   61         (II) Require the state to prove his or her guilt before a
   62  neutral and detached hearing body.
   63         (III) Subpoena witnesses and present to a judge evidence in
   64  his or her defense.
   65         (IV) Confront and cross-examine adverse witnesses.
   66         (V) Receive a written statement from a factfinder as to the
   67  evidence relied on and the reasons for the sanction imposed.
   68         4. If the offender admits to committing the technical
   69  violation and agrees with the probation officer’s recommended
   70  sanction, the probation officer must, before imposing the
   71  sanction, submit the recommended sanction to the court as well
   72  as documentation reflecting the offender’s admission to the
   73  technical violation and agreement with the recommended sanction.
   74         5. The court may impose the recommended sanction or may
   75  direct the department to submit a violation report, affidavit,
   76  and warrant to the court in accordance with this section.
   77         6. An offender’s participation in an alternative
   78  sanctioning program is voluntary. The offender may elect to
   79  waive or discontinue participation in an alternative sanctioning
   80  program at any time before the issuance of a court order
   81  imposing the recommended sanction.
   82         7. If an offender waives or discontinues participation in
   83  an alternative sanctioning program, the probation officer may
   84  submit a violation report, affidavit, and warrant to the court
   85  in accordance with this section. The offender’s prior admission
   86  to the technical violation may not be used as evidence in
   87  subsequent proceedings.
   89  ================= T I T L E  A M E N D M E N T ================
   90  And the title is amended as follows:
   91         Delete lines 7948 - 7989
   92  and insert:
   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; requiring, rather than
   97         authorizing, the chief judge to establish an
   98         alternative sanctioning program, in consultation with
   99         the state attorney and public defender; deleting
  100         provisions relating to requirements for an alternative
  101         sanctioning program; amending s. 948.08, F.S.;
  102         expanding