Bill Text: FL S0790 | 2017 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Probation and Community Control
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2017-05-02 - Laid on Table, companion bill(s) passed, see HB 7091 (Ch. 2017-115) [S0790 Detail]
Download: Florida-2017-S0790-Introduced.html
Bill Title: Probation and Community Control
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2017-05-02 - Laid on Table, companion bill(s) passed, see HB 7091 (Ch. 2017-115) [S0790 Detail]
Download: Florida-2017-S0790-Introduced.html
Florida Senate - 2017 SB 790
By Senator Brandes
24-00573A-17 2017790__
1 A bill to be entitled
2 An act relating to probation and community control;
3 amending s. 948.001, F.S.; redefining terms and
4 deleting a definition; amending s. 948.01, F.S.;
5 deleting a provision prohibiting a private entity from
6 providing probationary or supervision services to
7 misdemeanor offenders under certain circumstances;
8 requiring the Department of Corrections to revise and
9 make available to the courts, rather than develop and
10 disseminate to the courts, uniform order of
11 supervision forms; amending s. 948.012, F.S.; adding
12 the addiction-recovery supervision program as an
13 exception to the immediate commencement of the period
14 of probation upon the release of the defendant;
15 amending s. 948.013, F.S.; revising the list of
16 offenses that make an offender ineligible for
17 placement on administrative probation; amending s.
18 948.03, F.S.; authorizing the court to require a
19 probationer or offender to report to, to permit visits
20 by, to submit to random testing as directed by,
21 probation officers, rather than probation and parole
22 supervisors or correctional probation officers;
23 removing the option of incarceration in specified
24 locations if a court withholds adjudication of guilt
25 or imposes incarceration as a condition of probation;
26 amending s. 948.031, F.S.; replacing the term “public
27 service” with the term “community service”; amending
28 s. 948.035, F.S.; removing a probation program drug
29 punishment treatment community facility from the list
30 of residential treatment or incarceration facilities
31 that an offender must be restricted to under certain
32 circumstances; requiring a qualified practitioner to
33 provide, rather than a court to obtain, an assessment
34 and recommendation on the treatment needs of an
35 offender entering a treatment facility; amending s.
36 948.037, F.S.; authorizing, rather than requiring, a
37 court to require an offender to make a good faith
38 effort toward completion of certain skills or a
39 specific diploma as a condition of community control,
40 probation, or probation following incarceration;
41 amending s. 948.06, F.S.; replacing the term “parole
42 or probation supervisor” with the term “probation
43 officer”; specifying that the probationary period is
44 tolled after the issuance of a violation of probation
45 or community control warrant, rather than an arrest
46 warrant; authorizing a chief judge to direct the
47 department to use a notice to appear for technical
48 violations; amending s. 948.09, F.S.; expanding the
49 types of supervision under which an offender must pay
50 for the cost of supervision; conforming provisions to
51 changes made by the act; revising the factors under
52 which the department may exempt an offender from
53 payments; requiring the certification of student
54 status to be supplied to the offender’s probation
55 officer, rather than to the Secretary of Corrections;
56 deleting duties of the secretary; deleting provisions
57 authorizing the department to provide monthly payments
58 to court-approved entities that provide supervision or
59 rehabilitation for offenders under certain
60 circumstances; deleting provisions relating to
61 contract terms with, and a monthly report from,
62 certain entities; amending s. 948.10, F.S.; requiring
63 a community control program to focus on the provision
64 of home confinement with limitations, rather than
65 sanctions and consequences, commensurate with the
66 crime committed; specifying and revising who the
67 target population is for the community control
68 program; revising departmental requirements for the
69 operation of the program and caseloads; making
70 technical changes; specifying the types of facilities
71 used for the community control program; deleting an
72 annual reporting requirement of the department to the
73 Governor and the Legislature which includes certain
74 information; amending s. 948.101, F.S.; conforming
75 provisions to changes made by the act; amending s.
76 948.11, F.S.; requiring, rather than authorizing, the
77 department to electronically monitor offenders
78 sentenced to community control under certain
79 circumstances; conforming terminology to changes made
80 by the act; amending s. 948.15, F.S.; revising the
81 required terms of the contract for a private entity
82 providing services for the supervision of misdemeanor
83 probationers; repealing s. 948.50, F.S., relating to a
84 short title; reenacting s. 921.187(1)(n), F.S.,
85 relating to disposition and sentencing, alternatives,
86 and restitution, to incorporate the amendment made to
87 s. 948.013, F.S., in a reference thereto; reenacting
88 s. 947.1405(7)(b), F.S., relating to the conditional
89 release program, to incorporate the amendment made to
90 s. 948.09, F.S., in a reference thereto; reenacting
91 ss. 947.1747 and 948.01(3), F.S., relating to
92 community control as a special condition of parole and
93 when a court may place a defendant on probation or
94 into community control, respectively, to incorporate
95 the amendment made to s. 948.10, F.S., in references
96 thereto; providing an effective date.
97
98 Be It Enacted by the Legislature of the State of Florida:
99
100 Section 1. Subsection (1) and present subsections (4) and
101 (9) of section 948.001, Florida Statutes, are amended, and
102 present subsections (5) through (14) of that section are
103 redesignated as subsections (4) through (13), respectively, to
104 read:
105 948.001 Definitions.—As used in this chapter, the term:
106 (1) “Administrative probation” means a form of no contact,
107 nonreporting noncontact supervision in which an offender who
108 presents a low risk of harm to the community may, upon
109 satisfactory completion of half the term of probation, be
110 transferred by the Department of Corrections to this type of
111 reduced level of supervision, as provided in s. 948.013
112 nonreporting status until expiration of the term of supervision.
113 (4) “Community residential drug punishment center” means a
114 residential drug punishment center designated by the Department
115 of Corrections. The Department of Corrections shall adopt rules
116 as necessary to define and operate such a center.
117 (8)(9) “Probation” means a form of community supervision
118 requiring specified contacts with parole and probation officers
119 and other terms and conditions as provided in s. 948.03.
120 Section 2. Subsections (1) and (5) of section 948.01,
121 Florida Statutes, are amended to read:
122 948.01 When court may place defendant on probation or into
123 community control.—
124 (1) Any state court having original jurisdiction of
125 criminal actions may at a time to be determined by the court,
126 with or without an adjudication of the guilt of the defendant,
127 hear and determine the question of the probation of a defendant
128 in a criminal case, except for an offense punishable by death,
129 who has been found guilty by the verdict of a jury, has entered
130 a plea of guilty or a plea of nolo contendere, or has been found
131 guilty by the court trying the case without a jury.
132 (a) If the court places the defendant on probation or into
133 community control for a felony, the department shall provide
134 immediate supervision by an officer employed in compliance with
135 the minimum qualifications for officers as provided in s.
136 943.13. A private entity may not provide probationary or
137 supervision services to felony or misdemeanor offenders
138 sentenced or placed on probation or other supervision by the
139 circuit court.
140 (b) The department, in consultation with the Office of the
141 State Courts Administrator, shall revise and make available
142 develop and disseminate to the courts uniform order of
143 supervision forms by July 1 of each year or as necessary. The
144 courts shall use the uniform order of supervision forms provided
145 by the department for all persons placed on community
146 supervision.
147 (5) The imposition of sentence may not be suspended and the
148 defendant thereupon placed on probation or into community
149 control unless the defendant is placed under the custody of the
150 department or another public or private entity. A private entity
151 may not provide probationary or supervision services to felony
152 or misdemeanor offenders sentenced or placed on probation or
153 other supervision by the circuit court.
154 Section 3. Subsection (1) of section 948.012, Florida
155 Statutes, is amended, and subsections (4), (5), and (6) of that
156 section are republished, to read:
157 948.012 Split sentence of probation or community control
158 and imprisonment.—
159 (1) If punishment by imprisonment for a misdemeanor or a
160 felony, except for a capital felony, is prescribed, the court
161 may, at the time of sentencing, impose a split sentence whereby
162 the defendant is to be placed on probation or, with respect to
163 any such felony, into community control upon completion of any
164 specified period of such sentence which may include a term of
165 years or less. In such case, the court shall stay and withhold
166 the imposition of the remainder of sentence imposed upon the
167 defendant and direct that the defendant be placed upon probation
168 or into community control after serving such period as may be
169 imposed by the court. Except as provided in s. 944.4731(2)(b)
170 and subsection (6), the period of probation or community control
171 shall commence immediately upon the release of the defendant
172 from incarceration, whether by parole or gain-time allowances.
173 (4) Effective for offenses committed on or after September
174 1, 2005, the court must impose a split sentence pursuant to
175 subsection (1) for any person who is convicted of a life felony
176 for lewd and lascivious molestation pursuant to s. 800.04(5)(b)
177 if the court imposes a term of years in accordance with s.
178 775.082(3)(a)4.a.(II) rather than life imprisonment. The
179 probation or community control portion of the split sentence
180 imposed by the court for a defendant must extend for the
181 duration of the defendant’s natural life and include a condition
182 that he or she be electronically monitored.
183 (5)(a) Effective for offenses committed on or after October
184 1, 2014, if the court imposes a term of years in accordance with
185 s. 775.082 which is less than the maximum sentence for the
186 offense, the court must impose a split sentence pursuant to
187 subsection (1) for any person who is convicted of a violation
188 of:
189 1. Section 782.04(1)(a)2.c.;
190 2. Section 787.01(3)(a)2. or 3.;
191 3. Section 787.02(3)(a)2. or 3.;
192 4. Section 794.011, excluding s. 794.011(10);
193 5. Section 800.04;
194 6. Section 825.1025; or
195 7. Section 847.0135(5).
196 (b) The probation or community control portion of the split
197 sentence imposed by the court must extend for at least 2 years.
198 However, if the term of years imposed by the court extends to
199 within 2 years of the maximum sentence for the offense, the
200 probation or community control portion of the split sentence
201 must extend for the remainder of the maximum sentence.
202 (6) If a defendant who has been sentenced to a split
203 sentence pursuant to subsection (1) is transferred to the
204 custody of the Department of Children and Families pursuant to
205 part V of chapter 394, the period of probation or community
206 control is tolled until such person is no longer in the custody
207 of the Department of Children and Families. This subsection
208 applies to all sentences of probation or community control which
209 begin on or after October 1, 2014, regardless of the date of the
210 underlying offense.
211 Section 4. Subsection (2) of section 948.013, Florida
212 Statutes, is amended to read:
213 948.013 Administrative probation.—
214 (2) Effective for an offense committed on or after July 1,
215 1998, a person is ineligible for placement on administrative
216 probation if the person is sentenced to or is serving a term of
217 probation or community control, regardless of the conviction or
218 adjudication, for committing, or attempting, conspiring, or
219 soliciting to commit, any of the felony offenses described in s.
220 775.21(4)(a)1.a. or (4)(a)1.b. or s. 943.0435(1)(h)1.a. s.
221 787.01 or s. 787.02, where the victim is a minor and the
222 defendant is not the victim’s parent; s. 787.025; s.
223 787.06(3)(g); chapter 794; former s. 796.03; s. 800.04; s.
224 825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s.
225 847.0145.
226 Section 5. Paragraphs (a), (b), (l), and (m) of subsection
227 (1) and subsection (2) of section 948.03, Florida Statutes, are
228 amended to read:
229 948.03 Terms and conditions of probation.—
230 (1) The court shall determine the terms and conditions of
231 probation. Conditions specified in this section do not require
232 oral pronouncement at the time of sentencing and may be
233 considered standard conditions of probation. These conditions
234 may include among them the following, that the probationer or
235 offender in community control shall:
236 (a) Report to the probation officer and parole supervisors
237 as directed.
238 (b) Permit the probation officer such supervisors to visit
239 him or her at his or her home or elsewhere.
240 (l)1. Submit to random testing as directed by the
241 correctional probation officer or the professional staff of the
242 treatment center where he or she is receiving treatment to
243 determine the presence or use of alcohol or controlled
244 substances.
245 2. If the offense was a controlled substance violation and
246 the period of probation immediately follows a period of
247 incarceration in the state correction system, the conditions
248 must shall include a requirement that the offender submit to
249 random substance abuse testing intermittently throughout the
250 term of supervision, upon the direction of the correctional
251 probation officer as defined in s. 943.10(3).
252 (m) Be prohibited from possessing, carrying, or owning any:
253 1. Firearm.
254 2. Weapon without first procuring the consent of the
255 correctional probation officer.
256 (2) The enumeration of specific kinds of terms and
257 conditions does shall not prevent the court from adding thereto
258 such other or others as it considers proper. However, the
259 sentencing court may only impose a condition of supervision
260 allowing an offender convicted of s. 794.011, s. 800.04, s.
261 827.071, s. 847.0135(5), or s. 847.0145, to reside in another
262 state, if the order stipulates that it is contingent upon the
263 approval of the receiving state interstate compact authority.
264 The court may rescind or modify at any time the terms and
265 conditions theretofore imposed by it upon the probationer.
266 However, if the court withholds adjudication of guilt or imposes
267 a period of incarceration as a condition of probation, the
268 period may shall not exceed 364 days, and incarceration shall be
269 restricted to either a county facility, or a probation and
270 restitution center under the jurisdiction of the Department of
271 Corrections, a probation program drug punishment phase I secure
272 residential treatment institution, or a community residential
273 facility owned or operated by any entity providing such
274 services.
275 Section 6. Section 948.031, Florida Statutes, is amended to
276 read:
277 948.031 Condition of probation or community control;
278 community public service.—
279 (1) Any person who is convicted of a felony or misdemeanor
280 and who is placed on probation or into community control may be
281 required as a condition of supervision to perform some type of
282 community public service for a tax-supported or tax-exempt
283 entity, with the consent of such entity. Such community public
284 service shall be performed at a time other than during such
285 person’s regular hours of employment.
286 (2) Upon the request of the chief judge of the circuit, the
287 Department of Corrections shall establish a community public
288 service program for a county, which program may include, but is
289 shall not be limited to, any of the following types of community
290 public service:
291 (a) Maintenance work on any property or building owned or
292 leased by any state, county, or municipality or any nonprofit
293 organization or agency.
294 (b) Maintenance work on any state-owned, county-owned, or
295 municipally owned road or highway.
296 (c) Landscaping or maintenance work in any state, county,
297 or municipal park or recreation area.
298 (d) Work in any state, county, or municipal hospital or any
299 developmental services institution or other nonprofit
300 organization or agency.
301 Section 7. Subsections (1) and (3) of section 948.035,
302 Florida Statutes, are amended to read:
303 948.035 Residential treatment as a condition of probation
304 or community control.—
305 (1) If the court imposes a period of residential treatment
306 or incarceration as a condition of probation or community
307 control, the residential treatment or incarceration shall be
308 restricted to the following facilities:
309 (a) A Department of Corrections probation and restitution
310 center;
311 (b) A probation program drug punishment treatment
312 community;
313 (b)(c) A community residential facility that which is owned
314 and operated by a any public or private entity, excluding a
315 community correctional center as defined in s. 944.026; or
316 (c)(d) A county-owned facility.
317 (3) Before Prior to admission to such a facility or center
318 treatment community, a qualified practitioner must provide the
319 court shall obtain an individual assessment and recommendation
320 on the appropriate treatment needs pursuant to the Community
321 Control Implementation Manual which shall be considered by the
322 court in ordering such placements. Placement in such a facility
323 or center may, or in the phase I secure residential phase of a
324 probation program drug punishment treatment community, shall not
325 exceed 364 days. Early completion of an offender’s placement
326 shall be recommended to the court, when appropriate, by the
327 facility or center supervisor, by the supervising probation
328 officer, or by the program manager. The Department of
329 Corrections is authorized to contract with appropriate agencies
330 for provision of services.
331 Section 8. Subsection (1) of section 948.037, Florida
332 Statutes, is amended to read:
333 948.037 Education and learning as a condition of probation
334 or community control.—
335 (1) As a condition of community control, probation, or
336 probation following incarceration, the court may shall require
337 an offender who has not obtained a high school diploma or high
338 school equivalency diploma or who lacks basic or functional
339 literacy skills, upon acceptance by an adult education program,
340 to make a good faith effort toward completion of such basic or
341 functional literacy skills or high school equivalency diploma,
342 as defined in s. 1003.435, in accordance with the assessed adult
343 general education needs of the individual offender. The court
344 may shall not revoke community control, probation, or probation
345 following incarceration because of the offender’s inability to
346 achieve such skills or diploma but may revoke community control,
347 probation, or probation following incarceration if the offender
348 fails to make a good faith effort to achieve such skills or
349 diploma. The court may grant early termination of community
350 control, probation, or probation following incarceration upon
351 the offender’s successful completion of the approved program. As
352 used in this subsection, “good faith effort” means the offender
353 is enrolled in a program of instruction and is attending and
354 making satisfactory progress toward completion of the
355 requirements.
356 Section 9. Paragraphs (a), (e), (f), and (g) of subsection
357 (1) of section 948.06, Florida Statutes, are amended to read:
358 948.06 Violation of probation or community control;
359 revocation; modification; continuance; failure to pay
360 restitution or cost of supervision.—
361 (1)(a) Whenever within the period of probation or community
362 control there are reasonable grounds to believe that a
363 probationer or offender in community control has violated his or
364 her probation or community control in a material respect, any
365 law enforcement officer who is aware of the probationary or
366 community control status of the probationer or offender in
367 community control or any parole or probation officer supervisor
368 may arrest or request any county or municipal law enforcement
369 officer to arrest such probationer or offender without warrant
370 wherever found and return him or her to the court granting such
371 probation or community control.
372 (e) Any parole or probation officer supervisor, any officer
373 authorized to serve criminal process, or any peace officer of
374 this state is authorized to serve and execute such warrant. Any
375 parole or probation officer supervisor is authorized to serve
376 such notice to appear.
377 (f) Upon the filing of an affidavit alleging a violation of
378 probation or community control and following issuance of a
379 warrant for such violation under s. 901.02, a warrantless arrest
380 under this section, or a notice to appear under this section,
381 the probationary period is tolled until the court enters a
382 ruling on the violation. Notwithstanding the tolling of
383 probation, the court shall retain jurisdiction over the offender
384 for any violation of the conditions of probation or community
385 control that is alleged to have occurred during the tolling
386 period. The probation officer is permitted to continue to
387 supervise any offender who remains available to the officer for
388 supervision until the supervision expires pursuant to the order
389 of probation or community control or until the court revokes or
390 terminates the probation or community control, whichever comes
391 first.
392 (g) The chief judge of each judicial circuit may direct the
393 department to use a notification letter of a technical violation
394 in appropriate cases in lieu of a violation report, affidavit,
395 and warrant or a notice to appear when the alleged violation is
396 not a new felony or misdemeanor offense. Such direction must be
397 in writing and must specify the types of specific technical
398 violations which are to be reported by a notification letter of
399 a technical violation, any exceptions to those violations, and
400 the required process for submission. At the direction of the
401 chief judge, the department shall send the notification letter
402 of a technical violation to the court.
403 Section 10. Section 948.09, Florida Statutes, is amended to
404 read:
405 948.09 Payment for cost of supervision and other monetary
406 obligations rehabilitation.—
407 (1)(a)1. Any person ordered by the court, the Department of
408 Corrections, or the Florida Commission on Offender Review to be
409 placed under on probation, drug offender probation, community
410 control, parole, control release, provisional release
411 supervision, addiction-recovery supervision, or conditional
412 release supervision under this chapter, chapter 944, chapter
413 945, chapter 947, or chapter 958, or in a pretrial intervention
414 program, must, as a condition of any placement, pay the
415 department a total sum of money equal to the total month or
416 portion of a month of supervision times the court-ordered
417 amount, but not to exceed the actual per diem cost of the
418 supervision. The department shall adopt rules by which an
419 offender who pays in full and in advance of regular termination
420 of supervision may receive a reduction in the amount due. The
421 rules shall incorporate provisions by which the offender’s
422 ability to pay is linked to an established written payment plan.
423 Funds collected from felony offenders may be used to offset
424 costs of the Department of Corrections associated with community
425 supervision programs, subject to appropriation by the
426 Legislature.
427 2. In addition to any other contribution or surcharge
428 imposed by this section, each felony offender assessed under
429 this paragraph shall pay a $2-per-month surcharge to the
430 department. The surcharge shall be deemed to be paid only after
431 the full amount of any monthly payment required by the
432 established written payment plan has been collected by the
433 department. These funds shall be used by the department to pay
434 for correctional probation officers’ training and equipment,
435 including radios, and firearms training, firearms, and attendant
436 equipment necessary to train and equip officers who choose to
437 carry a concealed firearm while on duty. This subparagraph does
438 not limit the department’s authority to determine who shall be
439 authorized to carry a concealed firearm while on duty, or limit
440 the right of a correctional probation officer to carry a
441 personal firearm approved by the department.
442 (b) Any person placed on misdemeanor probation by a county
443 court must contribute not less than $40 per month, as decided by
444 the sentencing court, to the court-approved public or private
445 entity providing misdemeanor supervision.
446 (2) Any person being electronically monitored by the
447 department as a result of being placed on supervision shall pay
448 the department for electronic monitoring services at a rate that
449 may not exceed the full cost of the monitoring service in
450 addition to the cost of supervision as directed by the
451 sentencing court. The funds collected under this subsection
452 shall be deposited in the General Revenue Fund. The department
453 may exempt a person from paying all or any part of the costs of
454 the electronic monitoring service if it finds that any of the
455 factors listed in subsection (3) exist.
456 (3) Any failure to pay contribution as required under this
457 section may constitute a ground for the revocation of
458 supervision probation by the court or, the revocation of parole
459 or conditional release by the Florida Commission on Offender
460 Review, the revocation of control release by the Control Release
461 Authority, or the removal from the pretrial intervention program
462 by the state attorney. The Department of Corrections may exempt
463 a person from the payment of all or any part of the contribution
464 if it finds any of the following factors to exist:
465 (a) The offender has diligently attempted, but has been
466 unable, to obtain or maintain employment that which provides him
467 or her sufficient income to make such payments.
468 (b) The offender is a student in a school, college,
469 university, or course of career training designed to fit the
470 student for gainful employment. Certification of such student
471 status shall be supplied to the offender’s probation officer
472 Secretary of Corrections by the educational institution in which
473 the offender is enrolled.
474 (c) The offender has an employment handicap, as determined
475 by a physical, psychological, or psychiatric examination
476 acceptable to, or ordered by, the secretary.
477 (d) The offender’s age prevents him or her from obtaining
478 employment.
479 (e) The offender is responsible for the support of
480 dependents, and the payment of such contribution constitutes an
481 undue hardship on the offender.
482 (f) The offender has been transferred outside the state
483 under an interstate compact adopted pursuant to chapter 949.
484 (g) There are other extenuating circumstances, as
485 determined by the secretary.
486 (4) In addition to the contribution required under
487 subsection (1), the department may provide a maximum payment of
488 $10 per month for each misdemeanor probationer who is
489 contributing $10 per month to the court-approved public or
490 private entity which is providing him or her with misdemeanor
491 supervision or rehabilitation. The $10 payment set forth herein
492 shall only be for first degree misdemeanors, petty theft, and
493 worthless checks. The department shall make such payment to the
494 court-approved public or private entity which is providing
495 supervision to the offender under this section. Such payment
496 shall be implemented through a contract to be entered into by
497 the Secretary of Corrections and the entity. Terms of the
498 contract shall state, but are not limited to, the extent of the
499 services to be rendered by the entity providing supervision or
500 rehabilitation. In addition, the entity shall supply the
501 department with a monthly report documenting the acceptance of
502 each offender placed under its supervision by the court,
503 documenting the payment of the required contribution by each
504 offender under supervision or rehabilitation, and notifying the
505 department of all offenders for whom supervision or
506 rehabilitation will be terminated. Supervisory records of the
507 entity shall be open to inspection upon the request of the
508 department or its agents.
509 (4)(5) As a condition of an interstate compact adopted
510 pursuant to chapter 949, the department shall require each out
511 of-state probationer or parolee transferred to this state to
512 contribute not less than $30 or more than the cost of
513 supervision, certified by the Department of Corrections, per
514 month to defray the cost incurred by this state as a result of
515 providing supervision and rehabilitation during the period of
516 supervision.
517 (5)(6) In addition to any other required contributions, the
518 department, at its discretion, may require offenders under any
519 form of supervision to submit to and pay for urinalysis testing
520 to identify drug usage as part of the rehabilitation program.
521 Any failure to make such payment, or participate, may be
522 considered a ground for revocation by the court, the Florida
523 Commission on Offender Review, or the Control Release Authority,
524 or for removal from the pretrial intervention program by the
525 state attorney. The department may exempt a person from such
526 payment if it determines that any of the factors specified in
527 subsection (3) exist.
528 (6)(7) The department shall establish a payment plan for
529 all costs ordered by the courts for collection by the department
530 and a priority order for payments, except that victim
531 restitution payments authorized under s. 948.03(1)(f) take
532 precedence over all other court-ordered payments. The department
533 is not required to disburse cumulative amounts of less than $10
534 to individual payees established on this payment plan.
535 Section 11. Section 948.10, Florida Statutes, is amended to
536 read:
537 948.10 Community control programs; home confinement.—
538 (1) The Department of Corrections shall develop and
539 administer a community control program. This complementary
540 program shall be rigidly structured and designed to accommodate
541 offenders who, in the absence of such a program, would have been
542 incarcerated in a jail or prison. The program shall focus on the
543 provision of home confinement subject to an authorized level of
544 limited freedom and special conditions sanctions and
545 consequences which that are commensurate with the seriousness of
546 the crime. The program shall offer the courts and the Florida
547 Commission on Offender Review an alternative, community-based
548 method to punish an offender in lieu of incarceration and shall
549 provide intensive supervision to closely monitor compliance with
550 restrictions and special conditions, including, but not limited
551 to, treatment or rehabilitative programs. The targeted
552 population for this community control program includes if the
553 offender is a member of one of the following target groups:
554 (a) Probation violators charged with technical violations
555 or new misdemeanor violations of law.
556 (b) Parole or conditional release violators charged with
557 technical violations or new misdemeanor violations of law.
558 (c) Individuals found guilty of felonies, who, due to their
559 criminal backgrounds or the seriousness of the offenses, would
560 not be placed on regular probation.
561 (2) The department shall commit not less than 10 percent of
562 the parole and probation field staff and supporting resources to
563 the operation of the community control program. Caseloads should
564 be restricted to a maximum of 30 25 cases per officer in order
565 to ensure an adequate level of staffing. Community control is an
566 individualized program in which the offender is restricted to a
567 residential treatment facility or a nursing facility
568 noninstitutional quarters or restricted to his or her approved
569 own residence subject to an authorized level of limited freedom.
570 (3) Procedures governing violations of community control
571 are shall be the same as those described in s. 948.06 with
572 respect to probation.
573 (4) Upon completion of the sanctions imposed and in the
574 community control plan before the expiration of the community
575 control term ordered by the court, the department may petition
576 the court to terminate early the supervision of discharge the
577 offender from community control supervision or to return the
578 offender to a program of regular probation supervision for the
579 remainder of the term. In considering the petition, the court
580 should recognize the limited staff resources committed to the
581 community control program, the purpose of the program, and the
582 offender’s successful compliance with the conditions set forth
583 in the order of the court.
584 (5) In its annual report to the Governor, the President of
585 the Senate, and the Speaker of the House of Representatives
586 under s. 20.315(5), the department shall include a detailed
587 analysis of the community control program and the department’s
588 specific efforts to protect the public from offenders placed on
589 community control. The analysis must include, but need not be
590 limited to, specific information on the department’s ability to
591 meet minimum officer-to-offender contact standards, the number
592 of crimes committed by offenders on community control, and the
593 level of community supervision provided.
594 Section 12. Subsection (2) of section 948.101, Florida
595 Statutes, is amended to read:
596 948.101 Terms and conditions of community control.—
597 (2) The enumeration of specific kinds of terms and
598 conditions does not prevent the court from adding any other
599 terms or conditions that the court considers proper. However,
600 the sentencing court may only impose a condition of supervision
601 allowing an offender convicted of s. 794.011, s. 800.04, s.
602 827.071, s. 847.0135(5), or s. 847.0145 to reside in another
603 state if the order stipulates that it is contingent upon the
604 approval of the receiving state interstate compact authority.
605 The court may rescind or modify at any time the terms and
606 conditions theretofore imposed by it upon the offender in
607 community control. However, if the court withholds adjudication
608 of guilt or imposes a period of incarceration as a condition of
609 community control, the period may not exceed 364 days, and
610 incarceration shall be restricted to a county facility, a
611 probation and restitution center under the jurisdiction of the
612 Department of Corrections, or a probation program drug
613 punishment phase I secure residential treatment institution, or
614 a community residential facility owned or operated by any entity
615 providing such services.
616 Section 13. Subsections (1), (2), and (3) of section
617 948.11, Florida Statutes, are amended, and subsection (5) of
618 that section is republished, to read:
619 948.11 Electronic monitoring devices.—
620 (1) The Department of Corrections shall may electronically
621 monitor an offender sentenced to community control when the
622 court has imposed electronic monitoring as a condition of
623 community control.
624 (2) Any offender placed under supervision on community
625 control who violates the terms and conditions of supervision
626 community control and is restored to supervision community
627 control may be supervised by means of an electronic monitoring
628 device or system if ordered by the court.
629 (3) For those offenders being electronically monitored, the
630 Department of Corrections shall develop procedures to determine,
631 investigate, and report the offender’s noncompliance with the
632 terms and conditions of sentence 24 hours per day. All reports
633 of noncompliance shall be immediately investigated by a
634 probation community control officer.
635 (5) Any person being electronically monitored by the
636 department as a result of being placed on supervision shall pay
637 the department for the electronic monitoring services as
638 provided in s. 948.09(2).
639 Section 14. Paragraph (b) of subsection (3) of section
640 948.15, Florida Statutes, is amended to read:
641 948.15 Misdemeanor probation services.—
642 (3) Any private entity, including a licensed substance
643 abuse education and intervention program, providing services for
644 the supervision of misdemeanor probationers must contract with
645 the county in which the services are to be rendered. In a county
646 having a population of fewer than 70,000, the county court
647 judge, or the administrative judge of the county court in a
648 county that has more than one county court judge, must approve
649 the contract. Terms of the contract must state, but are not
650 limited to:
651 (b) Staff qualifications and criminal record checks of
652 staff in accordance with essential standards established by the
653 American Correctional Association as of January 1, 1991.
654
655 In addition, the entity shall supply the chief judge’s office
656 with a quarterly report summarizing the number of offenders
657 supervised by the private entity, payment of the required
658 contribution under supervision or rehabilitation, and the number
659 of offenders for whom supervision or rehabilitation will be
660 terminated. All records of the entity must be open to inspection
661 upon the request of the county, the court, the Auditor General,
662 the Office of Program Policy Analysis and Government
663 Accountability, or agents thereof.
664 Section 15. Section 948.50, Florida Statutes, is repealed.
665 Section 16. For the purpose of incorporating the amendment
666 made by this act to section 948.013, Florida Statutes, in a
667 reference thereto, paragraph (n) of subsection (1) of section
668 921.187, Florida Statutes, is reenacted to read:
669 921.187 Disposition and sentencing; alternatives;
670 restitution.—
671 (1) The alternatives provided in this section for the
672 disposition of criminal cases shall be used in a manner that
673 will best serve the needs of society, punish criminal offenders,
674 and provide the opportunity for rehabilitation. If the offender
675 does not receive a state prison sentence, the court may:
676 (n) Impose split probation whereby upon satisfactory
677 completion of half the term of probation, the Department of
678 Corrections may place the offender on administrative probation
679 pursuant to s. 948.013 for the remainder of the term of
680 supervision.
681 Section 17. For the purpose of incorporating the amendment
682 made by this act to section 948.09, Florida Statutes, in a
683 reference thereto, paragraph (b) of subsection (7) of section
684 947.1405, Florida Statutes, is reenacted to read:
685 947.1405 Conditional release program.—
686 (7)
687 (b) For a releasee whose crime was committed on or after
688 October 1, 1997, in violation of chapter 794, s. 800.04, s.
689 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
690 conditional release supervision, in addition to any other
691 provision of this subsection, the commission shall impose the
692 following additional conditions of conditional release
693 supervision:
694 1. As part of a treatment program, participation in a
695 minimum of one annual polygraph examination to obtain
696 information necessary for risk management and treatment and to
697 reduce the sex offender’s denial mechanisms. The polygraph
698 examination must be conducted by a polygrapher who is a member
699 of a national or state polygraph association and who is
700 certified as a postconviction sex offender polygrapher, where
701 available, and at the expense of the releasee. The results of
702 the examination shall be provided to the releasee’s probation
703 officer and qualified practitioner and may not be used as
704 evidence in a hearing to prove that a violation of supervision
705 has occurred.
706 2. Maintenance of a driving log and a prohibition against
707 driving a motor vehicle alone without the prior approval of the
708 supervising officer.
709 3. A prohibition against obtaining or using a post office
710 box without the prior approval of the supervising officer.
711 4. If there was sexual contact, a submission to, at the
712 releasee’s expense, an HIV test with the results to be released
713 to the victim or the victim’s parent or guardian.
714 5. Electronic monitoring of any form when ordered by the
715 commission. Any person who has been placed under supervision and
716 is electronically monitored by the department must pay the
717 department for the cost of the electronic monitoring service at
718 a rate that may not exceed the full cost of the monitoring
719 service. Funds collected under this subparagraph shall be
720 deposited into the General Revenue Fund. The department may
721 exempt a person from the payment of all or any part of the
722 electronic monitoring service cost if the department finds that
723 any of the factors listed in s. 948.09(3) exist.
724 Section 18. For the purpose of incorporating the amendment
725 made by this act to section 948.10, Florida Statutes, in a
726 reference thereto, section 947.1747, Florida Statutes, is
727 reenacted to read:
728 947.1747 Community control as a special condition of
729 parole.—Upon the establishment of an effective parole release
730 date as provided for in ss. 947.1745 and 947.1746, the
731 commission may, as a special condition of parole, require an
732 inmate to be placed in the community control program of the
733 Department of Corrections as described in s. 948.10 for a period
734 not exceeding 6 months. In every case in which the commission
735 decides to place an inmate on community control as a special
736 condition of parole, the commission shall provide a written
737 explanation of the reasons for its decision.
738 Section 19. For the purpose of incorporating the amendment
739 made by this act to section 948.10, Florida Statutes, in a
740 reference thereto, subsection (3) of section 948.01, Florida
741 Statutes, is reenacted to read:
742 948.01 When court may place defendant on probation or into
743 community control.—
744 (3) If, after considering the provisions of subsection (2)
745 and the offender’s prior record or the seriousness of the
746 offense, it appears to the court in the case of a felony
747 disposition that probation is an unsuitable dispositional
748 alternative to imprisonment, the court may place the offender in
749 a community control program as provided in s. 948.10. Or, in a
750 case of prior disposition of a felony commitment, upon motion of
751 the offender or the department or upon its own motion, the court
752 may, within the period of its retained jurisdiction following
753 commitment, suspend the further execution of the disposition and
754 place the offender in a community control program upon such
755 terms as the court may require. The court may consult with a
756 local offender advisory council pursuant to s. 948.90 with
757 respect to the placement of an offender into community control.
758 Not later than 3 working days before the hearing on the motion,
759 the department shall forward to the court all relevant material
760 on the offender’s progress while in custody. If this sentencing
761 alternative to incarceration is utilized, the court shall:
762 (a) Determine what community-based sanctions will be
763 imposed in the community control plan. Community-based sanctions
764 may include, but are not limited to, rehabilitative restitution
765 in money or in kind, curfew, revocation or suspension of the
766 driver license, community service, deprivation of nonessential
767 activities or privileges, or other appropriate restraints on the
768 offender’s liberty.
769 (b) After appropriate sanctions for the offense are
770 determined, develop, approve, and order a plan of community
771 control which contains rules, requirements, conditions, and
772 programs that are designed to encourage noncriminal functional
773 behavior and promote the rehabilitation of the offender and the
774 protection of the community. If the offense was a controlled
775 substance violation, the conditions shall include a requirement
776 that the offender submit to random substance abuse testing
777 intermittently throughout the term of supervision, upon the
778 direction of the correctional probation officer as defined in s.
779 943.10(3).
780 Section 20. This act shall take effect July 1, 2017.
