Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for SB 1478 Ì185804-Î185804 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/28/2023 04:04 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 shallmayoffer 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;