Florida Senate - 2022                                    SB 1378
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01599A-22                                           20221378__
    1                        A bill to be entitled                      
    2         An act relating to terms and conditions of probation;
    3         amending s. 948.03, F.S.; authorizing remote reporting
    4         to probation officers in certain circumstances;
    5         deleting an order to remain in a specified place as a
    6         standard condition of probation; specifying that
    7         noncriminal moving violations are not considered
    8         probation violations; revising what may be considered
    9         association with persons engaged in criminal
   10         activities; providing requirements in order for a
   11         court to add additional terms and conditions of
   12         probation; creating s. 948.051, F.S.; providing
   13         definitions; providing for the award of probation
   14         credits by the Department of Corrections; specifying
   15         circumstances in which such credits may be awarded;
   16         providing for periodic accountings of such credits;
   17         providing for rulemaking; requiring a report; amending
   18         s. 948.04, F.S.; conforming a provision to changes
   19         made by the act; amending s. 948.09, F.S.; conforming
   20         a cross-reference; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraphs (a), (d), (e), and (k) of subsection
   25  (1) and subsection (2) of section 948.03, Florida Statutes, are
   26  amended to read:
   27         948.03 Terms and conditions of probation.—
   28         (1) The court shall determine the terms and conditions of
   29  probation. Conditions specified in this section do not require
   30  oral pronouncement at the time of sentencing and may be
   31  considered standard conditions of probation. These conditions
   32  may include among them the following, that the probationer or
   33  offender in community control shall:
   34         (a) Report to the probation officer as directed. Such
   35  reporting requirements may be fulfilled through remote reporting
   36  if approved by the relevant probation officer, relevant county
   37  probation authority or entity, or the Department of Corrections.
   38  The probation officer shall schedule meetings required as a
   39  condition of probation at times and locations that take into
   40  consideration and accommodate the work schedule, family
   41  caregiver obligations, and medical care of the probationer
   42  unless doing so would cause a threat to public safety. The
   43  Department of Corrections and county probation authorities or
   44  entities shall promulgate and make available probation reporting
   45  policies that allow for remote reporting and consider the
   46  scheduling conflicts referenced in this paragraph.
   47         (d)Remain within a specified place.
   48         (d)(e) Live without violating any law, except that a
   49  noncriminal moving violation is not a violation of the law for
   50  the purposes of this paragraph. A conviction in a court of law
   51  is not necessary for such a violation of law to constitute a
   52  violation of probation, community control, or any other form of
   53  court-ordered supervision.
   54         (j)(k) Not knowingly associate with persons engaged in
   55  criminal activities, except that a violation of this prohibition
   56  cannot be based solely on the fact that a person has a criminal
   57  record.
   58         (2) The enumeration of specific kinds of terms and
   59  conditions does not prevent the court from adding thereto such
   60  other or others as it considers proper, to the extent that such
   61  conditions involve only such deprivations of liberty or property
   62  as are reasonably necessary to protect the public from the
   63  probationer’s conduct in the underlying conviction or violation
   64  and the court states on the record the purpose of each condition
   65  in protecting the public from the probationer’s conduct in the
   66  underlying conviction or violation. However, the sentencing
   67  court may only impose a condition of supervision allowing an
   68  offender convicted of s. 794.011, s. 800.04, s. 827.071, s.
   69  847.0135(5), or s. 847.0145 to reside in another state if the
   70  order stipulates that it is contingent upon the approval of the
   71  receiving state interstate compact authority. The court may
   72  rescind or modify at any time the terms and conditions
   73  theretofore imposed by it upon the probationer. However, if the
   74  court withholds adjudication of guilt or imposes a period of
   75  incarceration as a condition of probation, the period may not
   76  exceed 364 days, and incarceration shall be restricted to either
   77  a county facility, or a probation and restitution center under
   78  the jurisdiction of the Department of Corrections.
   79         Section 2. Section 948.051, Florida Statutes, is created to
   80  read:
   81         948.051Probation credits.—
   82         (1)As used in this section, the term:
   83         (a) “Compliance” means the absence of a violation report
   84  submitted by a probation officer during a calendar month, a
   85  technical violation notification letter filed during a calendar
   86  month, an alternative sanction imposed under s. 948.06 during a
   87  calendar month, a motion to revoke or motion to suspend
   88  probation filed in a calendar month, or a determination of the
   89  probationer’s guilt of a probation violation or criminal
   90  offense, whether by trial, hearing, or plea.
   91         (b)“Department” means the Department of Corrections.
   92         (c)“Life skills program” means a program approved by the
   93  department which is designed to reduce recidivism by addressing,
   94  at a minimum, education, job skills, interpersonal skills,
   95  stress and anger management, and personal development.
   96         (2)The department may grant deductions from terms of
   97  probation in the form of probation credits to encourage
   98  satisfactory behavior on probation, to provide a meaningful
   99  incentive for probationers to participate in and complete
  100  recidivism-reducing activities and programs, and to reward
  101  probationers who perform outstanding deeds or services. Credits
  102  shall be awarded in accordance with the following terms:
  103         (a)A probationer shall be eligible to earn probation
  104  credits to reduce his or her term of probation during each full
  105  calendar month in which the probationer is in compliance with
  106  the terms of his or her probation.
  107         (b)As a means of encouraging satisfactory behavior and
  108  successful reentry, the department shall grant a probationer a
  109  probation credit for good behavior which shall reduce a
  110  probationer’s term of probation by 10 days for each calendar
  111  month of compliance with the terms of his or her probation.
  112         1.A probation credit for good behavior for a partial month
  113  shall be prorated on the basis of a 30-day month.
  114         2.A probationer may not earn a probation credit for good
  115  behavior on the last full calendar month of his or her
  116  probation.
  117         3.If earned, probation credits for good behavior shall be
  118  credited and applied by the probationer’s probation officer at
  119  least quarterly.
  120         (c)1.As a means of encouraging employment and public
  121  safety and well-being, the department shall grant a probation
  122  credit for rehabilitation which shall reduce a probationer’s
  123  term of probation by 60 days for each completion of a
  124  recidivism-reducing activity, including the following:
  125         a.A high school equivalency diploma.
  126         b.An academic degree, vocational course, or certificate.
  127         c.Validated substance abuse or mental health treatment not
  128  required as a condition of supervision.
  129         d.Life skills programs and other recidivism-reducing
  130  programs and activities approved by the court or the relevant
  131  office of supervision.
  132         2.If earned, probation credits for rehabilitation shall be
  133  credited and applied by the probationer’s probation officer at
  134  least quarterly.
  135         3.Probation credits for rehabilitation awarded for
  136  completing a recidivism-reducing activity under this paragraph
  137  are retroactive.
  138         (d)The department may grant additional probation credits
  139  for rehabilitation of up to 20 days for each month in which a
  140  probationer works diligently, participates in training or
  141  education, uses time constructively, or otherwise engages in
  142  positive activities. If earned, probation credits for
  143  rehabilitation shall be credited and applied by the
  144  probationer’s probation officer at least quarterly.
  145         (e)To encourage outstanding deeds or service to the
  146  community, the department may award a probationer probation
  147  credits for meritorious actions under the terms and in the
  148  amount applicable to inmates as provided in s. 944.275(4)(c).
  149  Probation credits awarded under this paragraph may be applied
  150  retroactively. If earned, probation credits shall be credited
  151  and applied by the probationer’s probation officer at least
  152  quarterly.
  153         (f)A probationer may not earn any probation credits for a
  154  calendar month in which a sustained violation occurred, he or
  155  she absconded from probation, or he or she is incarcerated on a
  156  conviction or a sustained violation.
  157         (g)The calculation of probation credits begins on the
  158  probationer’s first day of probation or on July 1, 2022, if the
  159  probationer began a term of probation before June 1, 2022.
  160         (h)When a probationer is subject to more than one period
  161  of community supervision, the reductions authorized in this
  162  section shall be applied to each period of supervision to which
  163  the probationer is subject.
  164         (i)Any probation credits for good behavior earned under
  165  this section may be rescinded if the court revokes a term of
  166  probation and imposes a term of incarceration.
  167         (j)Once the combination of time served on probation and
  168  accrued probation credits satisfies the total term of probation
  169  imposed, the court shall order the supervision terminated, so
  170  long as the probationer has not been found to have willfully
  171  failed to pay any restitution amount.
  172         (3)At least quarterly and before consideration of early
  173  termination of supervision under s. 948.04(4), the probationer’s
  174  probation officer shall calculate and provide the probationer in
  175  writing, by electronic communication, or at a scheduled check
  176  in, with an account of his or her earned probation credits by
  177  type of credits earned under subsection (2) and the length of
  178  the remaining term. If the probationer disagrees with the
  179  probation officer’s calculation of his or her credits, the
  180  probationer may ask for court review of his or her probation
  181  credits before any consideration of early termination of
  182  supervision under s. 948.04(4) and within 3 months before the
  183  probation termination date established by the court under s.
  184  948.04.
  185         (4)The department shall adopt rules to implement the
  186  granting, forfeiture, restoration, and deletion of probation
  187  credits for good behavior, probation credits for rehabilitation,
  188  and probation credits for meritorious actions. These rules must
  189  include procedures for informing each probationer at the
  190  commencement of his or her probation term of his or her
  191  eligibility to earn such credits and the processes by which he
  192  or she can earn each type of credit.
  193         (5)The department shall collect information and report
  194  annually to the Governor, the President of the Senate, and the
  195  Speaker of the House of Representatives, no later than December
  196  1 of each year, the number of probationers under the supervision
  197  of the department who have earned credits under this section
  198  during that year, the average amount of credits earned per
  199  probationer during that year, the total number of supervision
  200  days reduced due to the awarding of credits under this section,
  201  and the number of probationers terminated from supervision early
  202  that year.
  203         Section 3. Paragraph (a) of subsection (4) of section
  204  948.04, Florida Statutes, is amended to read:
  205         948.04 Period of probation; duty of probationer; early
  206  termination; conversion of term.—
  207         (4) Except as provided in subsection (5), for defendants
  208  sentenced to probation on or after October 1, 2019, the court,
  209  upon motion by the probationer or the probation officer, shall
  210  either early terminate the probationer’s supervision or convert
  211  the supervisory term to administrative probation if all of the
  212  following requirements are met:
  213         (a) The probationer has completed at least half of the term
  214  of probation to which he or she was sentenced, accounting for
  215  the application of any credits earned under s. 948.051.
  216         Section 4. Subsection (6) of section 948.09, Florida
  217  Statutes, is amended to read:
  218         948.09 Payment for cost of supervision and other monetary
  219  obligations.—
  220         (6) The department shall establish a payment plan for all
  221  costs ordered by the courts for collection by the department and
  222  a priority order for payments, except that victim restitution
  223  payments authorized under s. 948.03(1)(e) s. 948.03(1)(f) take
  224  precedence over all other court-ordered payments. The department
  225  is not required to disburse cumulative amounts of less than $10
  226  to individual payees established on this payment plan.
  227         Section 5. This act shall take effect July 1, 2022.