Bill Text: FL S0332 | 2018 | Regular Session | Introduced

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Bill Title: Probation and Community Control

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Criminal Justice [S0332 Detail]

Download: Florida-2018-S0332-Introduced.html

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       Florida Senate - 2018                                     SB 332
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00243-18                                            2018332__
    1                        A bill to be entitled                      
    2         An act relating to probation and community control;
    3         amending s. 948.011, F.S.; authorizing a trial court
    4         to order certain defendants to perform community
    5         service or participate in a work program, instead of
    6         ordering payment of a fine and as a condition of
    7         probation or community control; amending ss. 921.187
    8         and 948.06, F.S.; conforming provisions to changes
    9         made by the act; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 948.011, Florida Statutes, is amended to
   14  read:
   15         948.011 When court may impose fine and order place on
   16  probation or into community control as an alternative to
   17  imprisonment; community service or work program assignments.—
   18         (1) When the law authorizes the placing of a defendant on
   19  probation, and when the defendant’s offense is punishable by
   20  both fine and imprisonment, the trial court may, in its
   21  discretion, impose a fine upon him or her and place him or her
   22  on probation or into community control as an alternative to
   23  imprisonment.
   24         (2) Instead of payment of the fine and as a condition of
   25  probation or community control under subsection (1), the trial
   26  court may order a defendant who is not a violent felony offender
   27  of special concern as defined in s. 948.06 to perform community
   28  service pursuant to s. 948.031 or participate in a work program
   29  pursuant to s. 948.036.
   30         Section 2. Paragraph (d) of subsection (1) of section
   31  921.187, Florida Statutes, is amended to read:
   32         921.187 Disposition and sentencing; alternatives;
   33  restitution.—
   34         (1) The alternatives provided in this section for the
   35  disposition of criminal cases shall be used in a manner that
   36  will best serve the needs of society, punish criminal offenders,
   37  and provide the opportunity for rehabilitation. If the offender
   38  does not receive a state prison sentence, the court may:
   39         (d) Impose a fine and probation, or order performance of
   40  community service or participation in a work program instead of
   41  payment of the fine, pursuant to s. 948.011 when the offense is
   42  punishable by both a fine and imprisonment and probation is
   43  authorized.
   44         Section 3. Paragraph (b) of subsection (8) of section
   45  948.06, Florida Statutes, is amended to read:
   46         948.06 Violation of probation or community control;
   47  revocation; modification; continuance; failure to pay
   48  restitution or cost of supervision.—
   49         (8)
   50         (b) For purposes of this section and ss. 903.0351,
   51  921.0024, 948.011, and 948.064, and 921.0024, the term “violent
   52  felony offender of special concern” means a person who is on:
   53         1. Felony probation or community control related to the
   54  commission of a qualifying offense committed on or after the
   55  effective date of this act;
   56         2. Felony probation or community control for any offense
   57  committed on or after the effective date of this act, and has
   58  previously been convicted of a qualifying offense;
   59         3. Felony probation or community control for any offense
   60  committed on or after the effective date of this act, and is
   61  found to have violated that probation or community control by
   62  committing a qualifying offense;
   63         4. Felony probation or community control and has previously
   64  been found by a court to be a habitual violent felony offender
   65  as defined in s. 775.084(1)(b) and has committed a qualifying
   66  offense on or after the effective date of this act;
   67         5. Felony probation or community control and has previously
   68  been found by a court to be a three-time violent felony offender
   69  as defined in s. 775.084(1)(c) and has committed a qualifying
   70  offense on or after the effective date of this act; or
   71         6. Felony probation or community control and has previously
   72  been found by a court to be a sexual predator under s. 775.21
   73  and has committed a qualifying offense on or after the effective
   74  date of this act.
   75         Section 4. This act shall take effect July 1, 2018.