| 1 | A bill to be entitled |
| 2 | An act relating to pretrial proceedings; providing a short |
| 3 | title; amending s. 948.06, F.S.; providing that at the |
| 4 | first appearance of a probationer or an offender on |
| 5 | community control arrested for a new offense for which the |
| 6 | court finds the existence of probable cause, the court may |
| 7 | determine the likelihood of a prison sanction for the |
| 8 | violation based on the new arrest; providing that the |
| 9 | court may order detention if it appears more likely than |
| 10 | not that a prison sanction may be forthcoming on the |
| 11 | violation; providing that the court may release the |
| 12 | probationer or offender on community control with or |
| 13 | without bail on the violation; exempting persons subject |
| 14 | to hearings under specified provisions; providing an |
| 15 | effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. This act may be cited as the "Officer Andrew |
| 20 | Widman Act." |
| 21 | Section 2. Present paragraphs (c) through (f) of |
| 22 | subsection (1) of section 948.06, Florida Statutes, are |
| 23 | redesignated as paragraphs (d) through (g), respectively, and a |
| 24 | new paragraph (c) is added to that subsection to read: |
| 25 | 948.06 Violation of probation or community control; |
| 26 | revocation; modification; continuance; failure to pay |
| 27 | restitution or cost of supervision.- |
| 28 | (1) |
| 29 | (c) Notwithstanding s. 907.041, when a probationer or an |
| 30 | offender on community control is arrested and alleged to have |
| 31 | committed a new violation of law for which the court at first |
| 32 | appearance finds probable cause, based upon the facts made known |
| 33 | to the court: |
| 34 | 1. If the probationer or offender has not been arrested |
| 35 | under law enforcement's authority set forth in paragraph (a) |
| 36 | prior to first appearance, the court may order the arrest of the |
| 37 | probationer or offender on a violation of probation or community |
| 38 | control, pursuant to the court's finding of probable cause that |
| 39 | the probationer or offender has committed a new law violation |
| 40 | and that there exist reasonable grounds to believe that the |
| 41 | probationer or offender has therefore violated his or her |
| 42 | probation or community control in a material respect. |
| 43 | a. Upon arrest and at first appearance on the violation, |
| 44 | the court shall advise the probationer or offender of the charge |
| 45 | of the violation and, if such charge is admitted, shall cause |
| 46 | him or her to be brought before the court that granted the |
| 47 | probation or community control. |
| 48 | b. If the violation is not admitted by the probationer or |
| 49 | offender, the court may commit him or her or release him or her |
| 50 | with or without bail to await further hearing. |
| 51 | c. If the court reaches the issue of a bail determination |
| 52 | on the violation of probation or community control, the court |
| 53 | may consider as a factor whether it is more likely than not that |
| 54 | the probationer or offender on community control will receive a |
| 55 | prison sanction for violating the terms of community supervision |
| 56 | based upon the arrest for the new violation of law; or |
| 57 | 2. Upon its determination that probable cause exists for |
| 58 | the new law violation and that there exist reasonable grounds to |
| 59 | believe that the probationer or offender has violated his or her |
| 60 | probation or community control in a material respect, the court |
| 61 | may order that the probationer or offender be arrested and |
| 62 | returned to the court granting such probation or community |
| 63 | control. |
| 64 |
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| 65 | This paragraph does not apply to a probationer or offender on |
| 66 | community control who is subject to the hearing requirements |
| 67 | under subsection (4) or paragraph (8)(e). |
| 68 | Section 3. This act shall take effect October 1, 2011. |