Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. CS for SB 752 Ì319708AÎ319708 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/16/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Criminal and Civil Justice (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 45 and 46 4 insert: 5 Section 2. Paragraphs (a) and (d) of subsection (1) of 6 section 948.03, Florida Statutes, are amended to read: 7 948.03 Terms and conditions of probation.— 8 (1) The court shall determine the terms and conditions of 9 probation. Conditions specified in this section do not require 10 oral pronouncement at the time of sentencing and may be 11 considered standard conditions of probation. These conditions 12 may include among them the following, that the probationer or 13 offender in community control shall: 14 (a) Report to the probation officer as directed. Such 15 reporting requirements may be fulfilled through remote reporting 16 if approved by the relevant probation officer, the relevant 17 county probation authority or entity, or the Department of 18 Corrections and if the court has not excluded the possibility of 19 remote reporting by the defendant in his or her order of 20 probation. The probation officer shall schedule meetings 21 required as a condition of probation at times and locations that 22 take into consideration and accommodate the work schedule, 23 family caregiver obligations, and medical care of the 24 probationer unless doing so would cause a threat to public 25 safety. The Department of Corrections and county probation 26 authorities or entities shall adopt and make available probation 27 reporting policies that allow for remote reporting and consider 28 the scheduling conflicts referenced in this paragraph. 29(d) Remain within a specified place.30 Section 3. Subsection (2) of section 948.05, Florida 31 Statutes, is amended to read: 32 948.05 Court to admonish or commend probationer or offender 33 in community control; graduated incentives.— 34 (2) The department shall implement a system of graduated 35 incentives to promote compliance with the terms of supervision, 36 encourage stable employment, and prioritize the highest levels 37 of supervision for probationers or offenders presenting the 38 greatest risk of recidivism. 39 (a) As part of the graduated incentives system, the 40 department may, without leave of court, offer the following 41 incentives to a compliant probationer or offender in community 42 control: 43 1. Up to 25 percent reduction of required community service 44 hours; 45 2. Waiver of supervision fees; 46 3. Reduction in frequency of reporting; 47 4. Permission to report by mail or telephone; or 48 5. Transfer of an eligible offender to administrative 49 probation as authorized under s. 948.013. 50 (b) The department may also incentivize positive behavior 51 and compliance with recommendations to the court to modify the 52 terms of supervision, including recommending: 53 1. Permission to travel; 54 2. Reduction of supervision type; 55 3. Modification or cessation of curfew; 56 4. Reduction or cessation of substance abuse testing; or 57 5. Early termination of supervision. 58 (c) The department shall, without leave of court, 59 incentivize educational achievement by awarding a compliant 60 probationer or offender in community control with a 60-day 61 reduction of his or her term of supervision for each educational 62 advancement activity he or she completes during the term of 63 supervision. As used in this paragraph, the term “educational 64 advancement activity” means a high school equivalency degree, an 65 academic degree, or a vocational certificate. 66 (d) A probationer or offender who commits a subsequent 67 violation of probation may forfeit any previously earned 68 probation incentive, as determined appropriate by his or her 69 probation officer. 70 Section 4. Subsection (6) of section 948.09, Florida 71 Statutes, is amended to read: 72 948.09 Payment for cost of supervision and other monetary 73 obligations.— 74 (6) The department shall establish a payment plan for all 75 costs ordered by the courts for collection by the department and 76 a priority order for payments, except that victim restitution 77 payments authorized under s. 948.03(1)(e)s. 948.03(1)(f)take 78 precedence over all other court-ordered payments. The department 79 is not required to disburse cumulative amounts of less than $10 80 to individual payees established on this payment plan. 81 82 ================= T I T L E A M E N D M E N T ================ 83 And the title is amended as follows: 84 Delete line 8 85 and insert: 86 certain misdemeanor offenders; amending s. 948.03, 87 F.S.; authorizing a probationer or offender in 88 community control to report to a probation officer 89 through remote reporting under specified 90 circumstances; requiring a probation officer to take 91 specified circumstances into consideration when 92 scheduling meetings; requiring the Department of 93 Corrections and county probation authorities or 94 entities to adopt and make available certain probation 95 reporting policies; deleting remaining within a 96 specified place as a standard condition of probation; 97 amending s. 948.05, F.S.; requiring the Department of 98 Corrections to reduce a probationer’s or offender’s 99 supervision term by a specified amount of time for 100 completing an educational advancement activity; 101 defining the term “educational advancement activity”; 102 amending s. 948.09, F.S.; conforming a cross 103 reference; amending s. 948.15,