Bill Text: FL S1478 | 2023 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal Sentencing

Spectrum: Bipartisan Bill

Status: (Vetoed) 2023-06-27 - Vetoed by Governor [S1478 Detail]

Download: Florida-2023-S1478-Engrossed.html

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       CS for SB 1478                                   First Engrossed
       
       
       
       
       
       
       
       
       20231478e1
       
    1                        A bill to be entitled                      
    2         An act relating to criminal sentencing; amending s.
    3         921.0024, F.S.; prohibiting points from being assessed
    4         for violations of community sanctions which are
    5         resolved under an alternative sanctioning program for
    6         purposes of calculations under the Criminal Punishment
    7         Code; amending s. 948.06, F.S.; providing for the
    8         resolution of low-risk violations of probation through
    9         an alternative sanctioning program in certain
   10         circumstances; correcting provisions concerning
   11         limiting prison sentences for first-time revocations
   12         for technical violations; providing time periods for
   13         hearing and release of a probationer or offender
   14         concerning alleged violations that are low-risk
   15         violations; providing that an alternative sanction is
   16         the required method for resolving certain low-risk
   17         violations; requiring a court to impose the
   18         recommended sanction for certain low-risk violations;
   19         providing an exception; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (b) of subsection (1) of section
   24  921.0024, Florida Statutes, is amended to read:
   25         921.0024 Criminal Punishment Code; worksheet computations;
   26  scoresheets.—
   27         (1)
   28         (b) WORKSHEET KEY:
   29  
   30  Legal status points are assessed when any form of legal status
   31  existed at the time the offender committed an offense before the
   32  court for sentencing. Four (4) sentence points are assessed for
   33  an offender’s legal status.
   34  
   35  Community sanction violation points are assessed when a
   36  community sanction violation is before the court for sentencing.
   37  Six (6) sentence points are assessed for each community sanction
   38  violation and each successive community sanction violation,
   39  unless any of the following apply:
   40         1. If the community sanction violation includes a new
   41  felony conviction before the sentencing court, twelve (12)
   42  community sanction violation points are assessed for the
   43  violation, and for each successive community sanction violation
   44  involving a new felony conviction.
   45         2. If the community sanction violation is committed by a
   46  violent felony offender of special concern as defined in s.
   47  948.06:
   48         a. Twelve (12) community sanction violation points are
   49  assessed for the violation and for each successive violation of
   50  felony probation or community control where:
   51         I. The violation does not include a new felony conviction;
   52  and
   53         II. The community sanction violation is not based solely on
   54  the probationer or offender’s failure to pay costs or fines or
   55  make restitution payments.
   56         b. Twenty-four (24) community sanction violation points are
   57  assessed for the violation and for each successive violation of
   58  felony probation or community control where the violation
   59  includes a new felony conviction.
   60  
   61  Multiple counts of community sanction violations before the
   62  sentencing court shall not be a basis for multiplying the
   63  assessment of community sanction violation points.
   64  
   65  If the community sanction violation is resolved through the
   66  alternative sanctioning program under s. 948.06(9), no points
   67  are assessed. If a community sanction violation not resolved
   68  through the alternative sanctioning program is before the court,
   69  no points are assessed for prior violations that were resolved
   70  through the alternative sanctioning program.
   71  
   72  Prior serious felony points: If the offender has a primary
   73  offense or any additional offense ranked in level 8, level 9, or
   74  level 10, and one or more prior serious felonies, a single
   75  assessment of thirty (30) points shall be added. For purposes of
   76  this section, a prior serious felony is an offense in the
   77  offender’s prior record that is ranked in level 8, level 9, or
   78  level 10 under s. 921.0022 or s. 921.0023 and for which the
   79  offender is serving a sentence of confinement, supervision, or
   80  other sanction or for which the offender’s date of release from
   81  confinement, supervision, or other sanction, whichever is later,
   82  is within 3 years before the date the primary offense or any
   83  additional offense was committed.
   84  
   85  Prior capital felony points: If the offender has one or more
   86  prior capital felonies in the offender’s criminal record, points
   87  shall be added to the subtotal sentence points of the offender
   88  equal to twice the number of points the offender receives for
   89  the primary offense and any additional offense. A prior capital
   90  felony in the offender’s criminal record is a previous capital
   91  felony offense for which the offender has entered a plea of nolo
   92  contendere or guilty or has been found guilty; or a felony in
   93  another jurisdiction which is a capital felony in that
   94  jurisdiction, or would be a capital felony if the offense were
   95  committed in this state.
   96  
   97  Possession of a firearm, semiautomatic firearm, or machine gun:
   98  If the offender is convicted of committing or attempting to
   99  commit any felony other than those enumerated in s. 775.087(2)
  100  while having in his or her possession: a firearm as defined in
  101  s. 790.001(6), an additional eighteen (18) sentence points are
  102  assessed; or if the offender is convicted of committing or
  103  attempting to commit any felony other than those enumerated in
  104  s. 775.087(3) while having in his or her possession a
  105  semiautomatic firearm as defined in s. 775.087(3) or a machine
  106  gun as defined in s. 790.001(9), an additional twenty-five (25)
  107  sentence points are assessed.
  108  
  109  Sentencing multipliers:
  110  
  111  Drug trafficking: If the primary offense is drug trafficking
  112  under s. 893.135, the subtotal sentence points are multiplied,
  113  at the discretion of the court, for a level 7 or level 8
  114  offense, by 1.5. The state attorney may move the sentencing
  115  court to reduce or suspend the sentence of a person convicted of
  116  a level 7 or level 8 offense, if the offender provides
  117  substantial assistance as described in s. 893.135(4).
  118  
  119  Law enforcement protection: If the primary offense is a
  120  violation of the Law Enforcement Protection Act under s.
  121  775.0823(2), (3), or (4), the subtotal sentence points are
  122  multiplied by 2.5. If the primary offense is a violation of s.
  123  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  124  are multiplied by 2.0. If the primary offense is a violation of
  125  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  126  Protection Act under s. 775.0823(10) or (11), the subtotal
  127  sentence points are multiplied by 1.5.
  128  
  129  Grand theft of a motor vehicle: If the primary offense is grand
  130  theft of the third degree involving a motor vehicle and in the
  131  offender’s prior record, there are three or more grand thefts of
  132  the third degree involving a motor vehicle, the subtotal
  133  sentence points are multiplied by 1.5.
  134  
  135  Offense related to a criminal gang: If the offender is convicted
  136  of the primary offense and committed that offense for the
  137  purpose of benefiting, promoting, or furthering the interests of
  138  a criminal gang as defined in s. 874.03, the subtotal sentence
  139  points are multiplied by 1.5. If applying the multiplier results
  140  in the lowest permissible sentence exceeding the statutory
  141  maximum sentence for the primary offense under chapter 775, the
  142  court may not apply the multiplier and must sentence the
  143  defendant to the statutory maximum sentence.
  144  
  145  Domestic violence in the presence of a child: If the offender is
  146  convicted of the primary offense and the primary offense is a
  147  crime of domestic violence, as defined in s. 741.28, which was
  148  committed in the presence of a child under 16 years of age who
  149  is a family or household member as defined in s. 741.28(3) with
  150  the victim or perpetrator, the subtotal sentence points are
  151  multiplied by 1.5.
  152  
  153  Adult-on-minor sex offense: If the offender was 18 years of age
  154  or older and the victim was younger than 18 years of age at the
  155  time the offender committed the primary offense, and if the
  156  primary offense was an offense committed on or after October 1,
  157  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  158  violation involved a victim who was a minor and, in the course
  159  of committing that violation, the defendant committed a sexual
  160  battery under chapter 794 or a lewd act under s. 800.04 or s.
  161  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  162  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  163  800.04; or s. 847.0135(5), the subtotal sentence points are
  164  multiplied by 2.0. If applying the multiplier results in the
  165  lowest permissible sentence exceeding the statutory maximum
  166  sentence for the primary offense under chapter 775, the court
  167  may not apply the multiplier and must sentence the defendant to
  168  the statutory maximum sentence.
  169         Section 2. Paragraph (c) of subsection (1), subsection (4),
  170  and paragraphs (e) and (i) of subsection (9) of section 948.06,
  171  Florida Statutes, are amended to read:
  172         948.06 Violation of probation or community control;
  173  revocation; modification; continuance; failure to pay
  174  restitution or cost of supervision.—
  175         (1)
  176         (c) If a probationer or offender on community control
  177  commits a technical violation, the probation officer shall
  178  determine whether the probationer or offender on community
  179  control is eligible for the alternative sanctioning program
  180  under subsection (9). If the probation officer determines that
  181  the probationer or offender on community control is eligible,
  182  the probation officer may proceed with the alternative
  183  sanctioning program in lieu of filing an affidavit of violation
  184  with the court. If the probationer or offender on community
  185  control is eligible for the alternative sanctioning program and
  186  the violation is a low-risk violation as defined in paragraph
  187  (9)(b), the probation officer must proceed with the alternative
  188  sanctioning program in lieu of filing an affidavit of violation
  189  with the court unless directed by the court to submit or file an
  190  affidavit of violation pursuant to paragraph (9)(i). For
  191  purposes of this section, the term “technical violation” means
  192  an alleged violation of supervision that is not a new felony
  193  offense, misdemeanor offense, or criminal traffic offense.
  194         (4) Notwithstanding any other provision of this section, a
  195  felony probationer or an offender in community control who is
  196  arrested for violating his or her probation or community control
  197  in a material respect may be taken before the court in the
  198  county or circuit in which the probationer or offender was
  199  arrested. That court shall advise him or her of the charge of a
  200  violation and, if such charge is admitted, shall cause him or
  201  her to be brought before the court that granted the probation or
  202  community control. If the violation is not admitted by the
  203  probationer or offender, the court may commit him or her or
  204  release him or her with or without bail to await further
  205  hearing. However, if the probationer or offender is under
  206  supervision for any criminal offense proscribed in chapter 794,
  207  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
  208  registered sexual predator or a registered sexual offender, or
  209  is under supervision for a criminal offense for which he or she
  210  would meet the registration criteria in s. 775.21, s. 943.0435,
  211  or s. 944.607 but for the effective date of those sections, the
  212  court must make a finding that the probationer or offender is
  213  not a danger to the public prior to release with or without
  214  bail. In determining the danger posed by the offender’s or
  215  probationer’s release, the court may consider the nature and
  216  circumstances of the violation and any new offenses charged; the
  217  offender’s or probationer’s past and present conduct, including
  218  convictions of crimes; any record of arrests without conviction
  219  for crimes involving violence or sexual crimes; any other
  220  evidence of allegations of unlawful sexual conduct or the use of
  221  violence by the offender or probationer; the offender’s or
  222  probationer’s family ties, length of residence in the community,
  223  employment history, and mental condition; his or her history and
  224  conduct during the probation or community control supervision
  225  from which the violation arises and any other previous
  226  supervisions, including disciplinary records of previous
  227  incarcerations; the likelihood that the offender or probationer
  228  will engage again in a criminal course of conduct; the weight of
  229  the evidence against the offender or probationer; and any other
  230  facts the court considers relevant. The court, as soon as is
  231  practicable, shall give the probationer or offender an
  232  opportunity to be fully heard on his or her behalf in person or
  233  by counsel. If the alleged violation is a low-risk violation as
  234  defined in paragraph (9)(b), the court must, within 20 days
  235  after arrest, give the probationer or offender an opportunity to
  236  be fully heard on his or her behalf in person or by counsel. If
  237  no hearing is held within 20 days after arrest, the court must
  238  release the probationer or offender without bail. The court may
  239  impose nonmonetary conditions of release. After the hearing, the
  240  court shall make findings of fact and forward the findings to
  241  the court that granted the probation or community control and to
  242  the probationer or offender or his or her attorney. The findings
  243  of fact by the hearing court are binding on the court that
  244  granted the probation or community control. Upon the probationer
  245  or offender being brought before it, the court that granted the
  246  probation or community control may revoke, modify, or continue
  247  the probation or community control or may place the probationer
  248  into community control as provided in this section. However, the
  249  probationer or offender shall not be released and shall not be
  250  admitted to bail, but shall be brought before the court that
  251  granted the probation or community control if any violation of
  252  felony probation or community control other than a failure to
  253  pay costs or fines or make restitution payments is alleged to
  254  have been committed by:
  255         (a) A violent felony offender of special concern, as
  256  defined in this section;
  257         (b) A person who is on felony probation or community
  258  control for any offense committed on or after the effective date
  259  of this act and who is arrested for a qualifying offense as
  260  defined in this section; or
  261         (c) A person who is on felony probation or community
  262  control and has previously been found by a court to be a
  263  habitual violent felony offender as defined in s. 775.084(1)(b),
  264  a three-time violent felony offender as defined in s.
  265  775.084(1)(c), or a sexual predator under s. 775.21, and who is
  266  arrested for committing a qualifying offense as defined in this
  267  section on or after the effective date of this act.
  268         (9)
  269         (e) For a first or second low-risk violation, as defined in
  270  paragraph (b), within the current term of supervision, a
  271  probation officer shall may offer an eligible probationer one or
  272  more of the following as an alternative sanction:
  273         1. Up to 5 days in the county jail.
  274         2. Up to 50 additional community service hours.
  275         3. Counseling or treatment.
  276         4. Support group attendance.
  277         5. Drug testing.
  278         6. Loss of travel or other privileges.
  279         7. Curfew for up to 30 days.
  280         8. House arrest for up to 30 days.
  281         9.a. Any other sanction as determined by administrative
  282  order of the chief judge of the circuit.
  283         b. However, in no circumstance shall participation in an
  284  alternative sanctioning program convert a withheld adjudication
  285  to an adjudication of guilt.
  286         (i) If the violation is a low-risk violation under
  287  paragraph (b), the court must impose the recommended sanction
  288  unless it records a finding of specific, identified risk to
  289  public safety, in which case it may direct the department to
  290  submit a violation report, affidavit, and warrant to the court.
  291  In all other cases, the court may impose the recommended
  292  sanction or direct the department to submit a violation report,
  293  affidavit, and warrant to the court.
  294         Section 3. This act shall take effect October 1, 2023.