Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 752
Ì648722-Î648722
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/25/2022 .
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The Committee on Criminal Justice (Gainer) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (1) and subsection
6 (5) of section 948.01, Florida Statutes, is amended to read:
7 948.01 When court may place defendant on probation or into
8 community control.—
9 (1) Any state court having original jurisdiction of
10 criminal actions may at a time to be determined by the court,
11 with or without an adjudication of the guilt of the defendant,
12 hear and determine the question of the probation of a defendant
13 in a criminal case, except for an offense punishable by death,
14 who has been found guilty by the verdict of a jury, has entered
15 a plea of guilty or a plea of nolo contendere, or has been found
16 guilty by the court trying the case without a jury.
17 (a) If the court places the defendant on probation or into
18 community control for a felony, the department shall provide
19 immediate supervision by an officer employed in compliance with
20 the minimum qualifications for officers as provided in s.
21 943.13. The department may provide supervision to misdemeanor
22 offenders sentenced or placed on probation by a circuit court,
23 when so ordered by the sentencing court. A private entity may
24 not provide probationary or supervision services to felony or
25 misdemeanor offenders sentenced or placed on probation or other
26 supervision by the circuit court.
27 (5) The imposition of sentence may not be suspended and the
28 defendant thereupon placed on probation or into community
29 control unless the defendant is placed under the custody of the
30 department or another public or private entity. A private entity
31 may not provide probationary or supervision services to felony
32 or misdemeanor offenders sentenced or placed on probation or
33 other supervision by the circuit court.
34 Section 2. Subsections (2) and (3) of section 948.15,
35 Florida Statutes, are amended to read:
36 948.15 Misdemeanor probation services.—
37 (2) A private entity or public entity, including a licensed
38 substance abuse education and intervention program, under the
39 supervision of the board of county commissioners or the court
40 may provide probation services and licensed substance abuse
41 education and treatment intervention programs for misdemeanor
42 offenders sentenced or placed on probation by the county court.
43 (3) Any private entity, including a licensed substance
44 abuse education and intervention program, providing services for
45 the supervision of misdemeanor probationers must contract with
46 the county in which the services are to be rendered. The chief
47 judge In a county having a population of fewer than 70,000, the
48 county court judge, or the administrative judge of the county
49 court in a county that has more than one county court judge,
50 must approve the contract. Terms of the contract must state, but
51 are not limited to:
52 (a) The extent of the services to be rendered by the entity
53 providing supervision or rehabilitation.
54 (b) Staff qualifications and criminal record checks of
55 staff.
56 (c) Staffing levels.
57 (d) The number of face-to-face contacts with the offender.
58 (e) Procedures for handling the collection of all offender
59 fees and restitution.
60 (f) Procedures for handling indigent offenders which ensure
61 placement irrespective of ability to pay.
62 (g) Circumstances under which revocation of an offender’s
63 probation may be recommended.
64 (h) Reporting and recordkeeping requirements.
65 (i) Default and contract termination procedures.
66 (j) Procedures that aid offenders with job assistance.
67 (k) Procedures for accessing criminal history records of
68 probationers.
69
70 In addition, the entity shall supply the chief judge’s office
71 with a quarterly report summarizing the number of offenders
72 supervised by the private entity, payment of the required
73 contribution under supervision or rehabilitation, and the number
74 of offenders for whom supervision or rehabilitation will be
75 terminated. All records of the entity must be open to inspection
76 upon the request of the county, the court, the Auditor General,
77 the Office of Program Policy Analysis and Government
78 Accountability, or agents thereof.
79 Section 3. This act shall take effect July 1, 2022.
80
81 ================= T I T L E A M E N D M E N T ================
82 And the title is amended as follows:
83 Delete everything before the enacting clause
84 and insert:
85 A bill to be entitled
86 An act relating to probationary or supervision
87 services for misdemeanor offenders; amending s.
88 948.01, F.S.; authorizing the Department of
89 Corrections to supervise certain misdemeanor
90 offenders; deleting a prohibition on private entities
91 providing probationary or supervision services to
92 certain misdemeanor offenders; amending s. 948.15,
93 F.S.; authorizing a private or public entity to
94 provide probation services and other specified
95 programming to misdemeanor offenders; revising who may
96 approve specified contracts; providing an effective
97 date.