Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 1478
       
       
       
       
       
       
                                Ì185804-Î185804                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/28/2023 04:04 PM       .                                
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       Senator Simon moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 176 - 400
    4  and insert:
    5         Section 2. Paragraph (c) of subsection (1), subsection (4),
    6  and paragraphs (e) and (i) of subsection (9) of section 948.06,
    7  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         (c) If a probationer or offender on community control
   13  commits a technical violation, the probation officer shall
   14  determine whether the probationer or offender on community
   15  control is eligible for the alternative sanctioning program
   16  under subsection (9). If the probation officer determines that
   17  the probationer or offender on community control is eligible,
   18  the probation officer may proceed with the alternative
   19  sanctioning program in lieu of filing an affidavit of violation
   20  with the court. If the probationer or offender on community
   21  control is eligible for the alternative sanctioning program and
   22  the violation is a low-risk violation as defined in paragraph
   23  (9)(b), the probation officer must proceed with the alternative
   24  sanctioning program in lieu of filing an affidavit of violation
   25  with the court unless directed by the court to submit or file an
   26  affidavit of violation pursuant to paragraph (9)(i). For
   27  purposes of this section, the term “technical violation” means
   28  an alleged violation of supervision that is not a new felony
   29  offense, misdemeanor offense, or criminal traffic offense.
   30         (4) Notwithstanding any other provision of this section, a
   31  felony probationer or an offender in community control who is
   32  arrested for violating his or her probation or community control
   33  in a material respect may be taken before the court in the
   34  county or circuit in which the probationer or offender was
   35  arrested. That court shall advise him or her of the charge of a
   36  violation and, if such charge is admitted, shall cause him or
   37  her to be brought before the court that granted the probation or
   38  community control. If the violation is not admitted by the
   39  probationer or offender, the court may commit him or her or
   40  release him or her with or without bail to await further
   41  hearing. However, if the probationer or offender is under
   42  supervision for any criminal offense proscribed in chapter 794,
   43  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
   44  registered sexual predator or a registered sexual offender, or
   45  is under supervision for a criminal offense for which he or she
   46  would meet the registration criteria in s. 775.21, s. 943.0435,
   47  or s. 944.607 but for the effective date of those sections, the
   48  court must make a finding that the probationer or offender is
   49  not a danger to the public prior to release with or without
   50  bail. In determining the danger posed by the offender’s or
   51  probationer’s release, the court may consider the nature and
   52  circumstances of the violation and any new offenses charged; the
   53  offender’s or probationer’s past and present conduct, including
   54  convictions of crimes; any record of arrests without conviction
   55  for crimes involving violence or sexual crimes; any other
   56  evidence of allegations of unlawful sexual conduct or the use of
   57  violence by the offender or probationer; the offender’s or
   58  probationer’s family ties, length of residence in the community,
   59  employment history, and mental condition; his or her history and
   60  conduct during the probation or community control supervision
   61  from which the violation arises and any other previous
   62  supervisions, including disciplinary records of previous
   63  incarcerations; the likelihood that the offender or probationer
   64  will engage again in a criminal course of conduct; the weight of
   65  the evidence against the offender or probationer; and any other
   66  facts the court considers relevant. The court, as soon as is
   67  practicable, shall give the probationer or offender an
   68  opportunity to be fully heard on his or her behalf in person or
   69  by counsel. If the alleged violation is a low-risk violation as
   70  defined in paragraph (9)(b), the court must, within 20 days
   71  after arrest, give the probationer or offender an opportunity to
   72  be fully heard on his or her behalf in person or by counsel. If
   73  no hearing is held within 20 days after arrest, the court must
   74  release the probationer or offender without bail. The court may
   75  impose nonmonetary conditions of release. After the hearing, the
   76  court shall make findings of fact and forward the findings to
   77  the court that granted the probation or community control and to
   78  the probationer or offender or his or her attorney. The findings
   79  of fact by the hearing court are binding on the court that
   80  granted the probation or community control. Upon the probationer
   81  or offender being brought before it, the court that granted the
   82  probation or community control may revoke, modify, or continue
   83  the probation or community control or may place the probationer
   84  into community control as provided in this section. However, the
   85  probationer or offender shall not be released and shall not be
   86  admitted to bail, but shall be brought before the court that
   87  granted the probation or community control if any violation of
   88  felony probation or community control other than a failure to
   89  pay costs or fines or make restitution payments is alleged to
   90  have been committed by:
   91         (a) A violent felony offender of special concern, as
   92  defined in this section;
   93         (b) A person who is on felony probation or community
   94  control for any offense committed on or after the effective date
   95  of this act and who is arrested for a qualifying offense as
   96  defined in this section; or
   97         (c) A person who is on felony probation or community
   98  control and has previously been found by a court to be a
   99  habitual violent felony offender as defined in s. 775.084(1)(b),
  100  a three-time violent felony offender as defined in s.
  101  775.084(1)(c), or a sexual predator under s. 775.21, and who is
  102  arrested for committing a qualifying offense as defined in this
  103  section on or after the effective date of this act.
  104         (9)
  105         (e) For a first or second low-risk violation, as defined in
  106  paragraph (b), within the current term of supervision, a
  107  probation officer shall may offer an eligible probationer one or
  108  more of the following as an alternative sanction:
  109         1. Up to 5 days in the county jail.
  110         2. Up to 50 additional community service hours.
  111         3. Counseling or treatment.
  112         4. Support group attendance.
  113         5. Drug testing.
  114         6. Loss of travel or other privileges.
  115         7. Curfew for up to 30 days.
  116         8. House arrest for up to 30 days.
  117         9.a. Any other sanction as determined by administrative
  118  order of the chief judge of the circuit.
  119         b. However, in no circumstance shall participation in an
  120  alternative sanctioning program convert a withheld adjudication
  121  to an adjudication of guilt.
  122  
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete lines 10 - 23
  126  and insert:
  127         circumstances; correcting provisions concerning
  128         limiting prison sentences for first-time revocations
  129         for technical violations; providing time periods for
  130         hearing and release of a probationer or offender
  131         concerning alleged violations that are low-risk
  132         violations; providing that an alternative sanction is
  133         the required method for resolving certain low-risk
  134         violations;