Bill Text: FL S1088 | 2021 | Regular Session | Comm Sub

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Bill Title: Modification or Continuation of Terms of Probation

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-04-14 - Laid on Table, companion bill(s) passed, see HB 661 (Ch. 2021-210) [S1088 Detail]

Download: Florida-2021-S1088-Comm_Sub.html

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       Florida Senate - 2021                             CS for SB 1088
       
       
        
       By the Committee on Criminal Justice; and Senator Rodrigues
       
       
       
       
       
       591-02608-21                                          20211088c1
    1                        A bill to be entitled                      
    2         An act relating to modification or continuation of
    3         terms of probation; amending s. 948.06, F.S.; revising
    4         the circumstances under which a court must modify or
    5         continue a term of probation; providing an effective
    6         date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (f) of subsection (2) of section
   11  948.06, Florida Statutes, is amended to read:
   12         948.06 Violation of probation or community control;
   13  revocation; modification; continuance; failure to pay
   14  restitution or cost of supervision.—
   15         (2)
   16         (f)1. Except as provided in subparagraph 3. or upon waiver
   17  by the probationer, the court shall modify or continue a
   18  probationary term upon finding a probationer in violation when
   19  all any of the following apply applies:
   20         a. The term of supervision is probation;.
   21         b. The probationer does not qualify as a violent felony
   22  offender of special concern, as defined in paragraph (8)(b);.
   23         c. The violation is a low-risk technical violation, as
   24  defined in paragraph (9)(b); and.
   25         d. The court has not previously found the probationer in
   26  violation of his or her probation pursuant to a filed violation
   27  of probation affidavit during the current term of supervision. A
   28  probationer who has successfully completed sanctions through the
   29  alternative sanctioning program is eligible for mandatory
   30  modification or continuation of his or her probation.
   31         2. Upon modifying probation under subparagraph 1., the
   32  court may include in the sentence a maximum of 90 days in county
   33  jail as a special condition of probation.
   34         3. Notwithstanding s. 921.0024, if a probationer has less
   35  than 90 days of supervision remaining on his or her term of
   36  probation and meets the criteria for mandatory modification or
   37  continuation in subparagraph 1., the court may revoke probation
   38  and sentence the probationer to a maximum of 90 days in county
   39  jail.
   40         4. For purposes of imposing a jail sentence under this
   41  paragraph only, the court may grant credit only for time served
   42  in the county jail since the probationer’s most recent arrest
   43  for the violation. However, the court may not order the
   44  probationer to a total term of incarceration greater than the
   45  maximum provided by s. 775.082.
   46         Section 2. This act shall take effect upon becoming a law.