Florida Senate - 2024                             CS for SB 1154
       
       
        
       By the Committee on Criminal Justice; and Senator Simon
       
       
       
       
       
       591-02983-24                                          20241154c1
    1                        A bill to be entitled                      
    2         An act relating to probation and community control
    3         violations; amending s. 921.0024, F.S.; revising the
    4         sentencing score sheet to reflect the absence of
    5         community sanction points assessed in certain
    6         circumstances; amending s. 948.06, F.S.; revising
    7         sanctions for probation violations; providing for
    8         hearings within a specified time period for low-risk
    9         probation or community control violations; providing
   10         for the release of offenders in certain circumstances
   11         if a hearing is not held; providing for nonmonetary
   12         conditions of release; making technical changes;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (b) of subsection (1) of section
   18  921.0024, Florida Statutes, is amended to read:
   19         921.0024 Criminal Punishment Code; worksheet computations;
   20  scoresheets.—
   21         (1)
   22         (b) WORKSHEET KEY:
   23  Legal status points are assessed when any form of legal status
   24  existed at the time the offender committed an offense before the
   25  court for sentencing. Four (4) sentence points are assessed for
   26  an offender’s legal status.
   27  
   28  Community sanction violation points are assessed when a
   29  community sanction violation is before the court for sentencing.
   30  Six (6) sentence points are assessed for each community sanction
   31  violation and each successive community sanction violation,
   32  unless any of the following apply:
   33         1. If the community sanction violation includes a new
   34  felony conviction before the sentencing court, twelve (12)
   35  community sanction violation points are assessed for the
   36  violation, and for each successive community sanction violation
   37  involving a new felony conviction.
   38         2. If the community sanction violation is committed by a
   39  violent felony offender of special concern as defined in s.
   40  948.06:
   41         a. Twelve (12) community sanction violation points are
   42  assessed for the violation and for each successive violation of
   43  felony probation or community control where:
   44         I. The violation does not include a new felony conviction;
   45  and
   46         II. The community sanction violation is not based solely on
   47  the probationer or offender’s failure to pay costs or fines or
   48  make restitution payments.
   49         b. Twenty-four (24) community sanction violation points are
   50  assessed for the violation and for each successive violation of
   51  felony probation or community control where the violation
   52  includes a new felony conviction.
   53  
   54  Multiple counts of community sanction violations before the
   55  sentencing court shall not be a basis for multiplying the
   56  assessment of community sanction violation points.
   57  
   58  If the community sanction violation is resolved through the
   59  alternative sanctioning program under s. 948.06(9), no points
   60  are assessed. If a community sanction violation not resolved
   61  through the alternative sanctioning program is before the court,
   62  no points are assessed for prior violations that were resolved
   63  through the alternative sanctioning program.
   64  
   65  Prior serious felony points: If the offender has a primary
   66  offense or any additional offense ranked in level 8, level 9, or
   67  level 10, and one or more prior serious felonies, a single
   68  assessment of thirty (30) points shall be added. For purposes of
   69  this section, a prior serious felony is an offense in the
   70  offender’s prior record that is ranked in level 8, level 9, or
   71  level 10 under s. 921.0022 or s. 921.0023 and for which the
   72  offender is serving a sentence of confinement, supervision, or
   73  other sanction or for which the offender’s date of release from
   74  confinement, supervision, or other sanction, whichever is later,
   75  is within 3 years before the date the primary offense or any
   76  additional offense was committed.
   77  
   78  Prior capital felony points: If the offender has one or more
   79  prior capital felonies in the offender’s criminal record, points
   80  shall be added to the subtotal sentence points of the offender
   81  equal to twice the number of points the offender receives for
   82  the primary offense and any additional offense. A prior capital
   83  felony in the offender’s criminal record is a previous capital
   84  felony offense for which the offender has entered a plea of nolo
   85  contendere or guilty or has been found guilty; or a felony in
   86  another jurisdiction which is a capital felony in that
   87  jurisdiction, or would be a capital felony if the offense were
   88  committed in this state.
   89  
   90  Possession of a firearm, semiautomatic firearm, or machine gun:
   91  If the offender is convicted of committing or attempting to
   92  commit any felony other than those enumerated in s. 775.087(2)
   93  while having in his or her possession: a firearm as defined in
   94  s. 790.001, an additional eighteen (18) sentence points are
   95  assessed; or if the offender is convicted of committing or
   96  attempting to commit any felony other than those enumerated in
   97  s. 775.087(3) while having in his or her possession a
   98  semiautomatic firearm as defined in s. 775.087(3) or a machine
   99  gun as defined in s. 790.001, an additional twenty-five (25)
  100  sentence points are assessed.
  101  
  102  Sentencing multipliers:
  103  
  104  Drug trafficking: If the primary offense is drug trafficking
  105  under s. 893.135, the subtotal sentence points are multiplied,
  106  at the discretion of the court, for a level 7 or level 8
  107  offense, by 1.5. The state attorney may move the sentencing
  108  court to reduce or suspend the sentence of a person convicted of
  109  a level 7 or level 8 offense, if the offender provides
  110  substantial assistance as described in s. 893.135(4).
  111  
  112  Violent offenses committed against specified justice system
  113  personnel: If the primary offense is a violation of s.
  114  775.0823(2), (3), or (4), the subtotal sentence points are
  115  multiplied by 2.5. If the primary offense is a violation of s.
  116  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  117  are multiplied by 2.0. If the primary offense is a violation of
  118  s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
  119  subtotal sentence points are multiplied by 1.5.
  120  
  121  Grand theft of a motor vehicle: If the primary offense is grand
  122  theft of the third degree involving a motor vehicle and in the
  123  offender’s prior record, there are three or more grand thefts of
  124  the third degree involving a motor vehicle, the subtotal
  125  sentence points are multiplied by 1.5.
  126  
  127  Offense related to a criminal gang: If the offender is convicted
  128  of the primary offense and committed that offense for the
  129  purpose of benefiting, promoting, or furthering the interests of
  130  a criminal gang as defined in s. 874.03, the subtotal sentence
  131  points are multiplied by 1.5. If applying the multiplier results
  132  in the lowest permissible sentence exceeding the statutory
  133  maximum sentence for the primary offense under chapter 775, the
  134  court may not apply the multiplier and must sentence the
  135  defendant to the statutory maximum sentence.
  136  
  137  Domestic violence in the presence of a child: If the offender is
  138  convicted of the primary offense and the primary offense is a
  139  crime of domestic violence, as defined in s. 741.28, which was
  140  committed in the presence of a child under 16 years of age who
  141  is a family or household member as defined in s. 741.28(3) with
  142  the victim or perpetrator, the subtotal sentence points are
  143  multiplied by 1.5.
  144  
  145  Adult-on-minor sex offense: If the offender was 18 years of age
  146  or older and the victim was younger than 18 years of age at the
  147  time the offender committed the primary offense, and if the
  148  primary offense was an offense committed on or after October 1,
  149  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  150  violation involved a victim who was a minor and, in the course
  151  of committing that violation, the defendant committed a sexual
  152  battery under chapter 794 or a lewd act under s. 800.04 or s.
  153  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  154  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  155  800.04; or s. 847.0135(5), the subtotal sentence points are
  156  multiplied by 2.0. If applying the multiplier results in the
  157  lowest permissible sentence exceeding the statutory maximum
  158  sentence for the primary offense under chapter 775, the court
  159  may not apply the multiplier and must sentence the defendant to
  160  the statutory maximum sentence.
  161         Section 2. Paragraph (f) of subsection (2) and subsection
  162  (4) of section 948.06, Florida Statutes, are amended to read:
  163         948.06 Violation of probation or community control;
  164  revocation; modification; continuance; failure to pay
  165  restitution or cost of supervision.—
  166         (2)
  167         (f)1. Except as provided in subparagraph 3. or upon waiver
  168  by the probationer, the court shall modify or continue a
  169  probationary term upon finding a probationer in violation when
  170  all of the following apply:
  171         a. The term of supervision is probation.
  172         b. The probationer does not qualify as a violent felony
  173  offender of special concern, as defined in paragraph (8)(b).
  174         c. The violation is a low-risk technical violation, as
  175  defined in paragraph (9)(b).
  176         d. The court has not, on two or more separate occasions,
  177  previously found the probationer in violation of his or her
  178  probation pursuant to a filed violation of probation affidavit
  179  during the current term of supervision. A probationer who has
  180  successfully completed sanctions through the alternative
  181  sanctioning program is eligible for mandatory modification or
  182  continuation of his or her probation.
  183         2. Upon modifying probation under subparagraph 1., the
  184  court may include in the sentence a maximum of 90 days in county
  185  jail as a special condition of probation. If the court has
  186  previously found the probationer in violation of his or her
  187  probation and modified probation with up to 90 days in county
  188  jail as a special condition of probation, it may, upon
  189  modification of probation under subparagraph 1., include in the
  190  sentence a maximum of 120 days in county jail as a special
  191  condition of probation.
  192         3. Notwithstanding s. 921.0024, if a probationer meets the
  193  criteria for mandatory modification in subparagraph 1. but has
  194  less time on supervision remaining than the number of days in
  195  jail authorized in subparagraph 2. than 90 days of supervision
  196  remaining on his or her term of probation and meets the criteria
  197  for mandatory modification or continuation in subparagraph 1.,
  198  the court may revoke probation and sentence the probationer to a
  199  maximum of 90 or 120 days in county jail as provided in
  200  subparagraph 2.
  201         4. For purposes of imposing a jail sentence under this
  202  paragraph only, the court may grant credit only for time served
  203  in the county jail since the probationer’s most recent arrest
  204  for the violation. However, the court may not order the
  205  probationer to a total term of incarceration greater than the
  206  maximum provided by s. 775.082.
  207         (4) Notwithstanding any other provision of this section, a
  208  felony probationer or an offender in community control who is
  209  arrested for violating his or her probation or community control
  210  in a material respect may be taken before the court in the
  211  county or circuit in which the probationer or offender was
  212  arrested. That court shall advise him or her of the charge of a
  213  violation and, if such charge is admitted, shall cause him or
  214  her to be brought before the court that granted the probation or
  215  community control. If the violation is not admitted by the
  216  probationer or offender, the court may commit him or her or
  217  release him or her with or without bail to await further
  218  hearing. However, if the probationer or offender is under
  219  supervision for any criminal offense proscribed in chapter 794,
  220  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
  221  registered sexual predator or a registered sexual offender, or
  222  is under supervision for a criminal offense for which he or she
  223  would meet the registration criteria in s. 775.21, s. 943.0435,
  224  or s. 944.607 but for the effective date of those sections, the
  225  court must make a finding that the probationer or offender is
  226  not a danger to the public prior to release with or without
  227  bail. In determining the danger posed by the offender’s or
  228  probationer’s release, the court may consider the nature and
  229  circumstances of the violation and any new offenses charged; the
  230  offender’s or probationer’s past and present conduct, including
  231  convictions of crimes; any record of arrests without conviction
  232  for crimes involving violence or sexual crimes; any other
  233  evidence of allegations of unlawful sexual conduct or the use of
  234  violence by the offender or probationer; the offender’s or
  235  probationer’s family ties, length of residence in the community,
  236  employment history, and mental condition; his or her history and
  237  conduct during the probation or community control supervision
  238  from which the violation arises and any other previous
  239  supervisions, including disciplinary records of previous
  240  incarcerations; the likelihood that the offender or probationer
  241  will engage again in a criminal course of conduct; the weight of
  242  the evidence against the offender or probationer; and any other
  243  facts the court considers relevant. The court, as soon as is
  244  practicable, shall give the probationer or offender an
  245  opportunity to be fully heard on his or her behalf in person or
  246  by counsel. If the alleged violation is a low-risk violation, as
  247  defined in paragraph (9)(b), the court shall, within 30 days
  248  after the probationer’s or offender’s arrest, give the
  249  probationer or offender an opportunity to be fully heard on his
  250  or her behalf in person or by counsel. If a hearing is not held
  251  within 30 days after such arrest, the court must release the
  252  probationer or offender without bail unless the court finds that
  253  a hearing was not held in the applicable timeframe due to
  254  circumstances attributable to the probationer or offender. If
  255  the probationer or offender is released, the court may impose
  256  nonmonetary conditions of release. After the hearing, the court
  257  shall make findings of fact and forward the findings to the
  258  court that granted the probation or community control and to the
  259  probationer or offender or his or her attorney. The findings of
  260  fact by the hearing court are binding on the court that granted
  261  the probation or community control. Upon the probationer or
  262  offender being brought before it, the court that granted the
  263  probation or community control may revoke, modify, or continue
  264  the probation or community control or may place the probationer
  265  into community control as provided in this section. However, the
  266  probationer or offender shall not be released and shall not be
  267  admitted to bail, but shall be brought before the court that
  268  granted the probation or community control if any violation of
  269  felony probation or community control other than a failure to
  270  pay costs or fines or make restitution payments is alleged to
  271  have been committed by:
  272         (a) A violent felony offender of special concern, as
  273  defined in this section;
  274         (b) A person who is on felony probation or community
  275  control for any offense committed on or after March 12, 2007,
  276  the effective date of this act and who is arrested for a
  277  qualifying offense as defined in this section; or
  278         (c) A person who is on felony probation or community
  279  control and has previously been found by a court to be a
  280  habitual violent felony offender as defined in s. 775.084(1)(b),
  281  a three-time violent felony offender as defined in s.
  282  775.084(1)(c), or a sexual predator under s. 775.21, and who is
  283  arrested for committing a qualifying offense as defined in this
  284  section on or after March 12, 2007 the effective date of this
  285  act.
  286         Section 3. This act shall take effect July 1, 2024.