Florida Senate - 2016                             CS for SB 1256
       
       
        
       By the Committee on Criminal Justice; and Senator Brandes
       
       591-02916-16                                          20161256c1
    1                        A bill to be entitled                      
    2         An act relating to alternative sanctioning; amending
    3         s. 948.06, F.S.; authorizing the chief judge of each
    4         judicial circuit, in consultation with specified
    5         entities, to establish an alternative sanctioning
    6         program; defining the term “technical violation”;
    7         requiring the chief judge to issue an administrative
    8         order when creating an alternative sanctioning
    9         program; specifying requirements for the order;
   10         authorizing an offender who allegedly committed a
   11         technical violation of supervision to waive
   12         participation in or elect to participate in the
   13         program, admit to the violation, agree to comply with
   14         the recommended sanction, and agree to waive certain
   15         rights; requiring the probation officer to submit the
   16         recommended sanction and certain documentation to the
   17         court if the offender admits to committing the
   18         violation; authorizing the court to impose the
   19         recommended sanction or direct the Department of
   20         Corrections to submit a violation report, affidavit,
   21         and warrant to the court; specifying that an
   22         offender’s participation in an alternative sanctioning
   23         program is voluntary; authorizing a probation officer
   24         to submit a violation report, affidavit, and warrant
   25         to the court in certain circumstances; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (h) of subsection (1) of section
   31  948.06, Florida Statutes, is redesignated as paragraph (i), and
   32  a new paragraph (h) is added to that subsection, to read:
   33         948.06 Violation of probation or community control;
   34  revocation; modification; continuance; failure to pay
   35  restitution or cost of supervision.—
   36         (1)
   37         (h)1. The chief judge of each judicial circuit, in
   38  consultation with the state attorney, the public defender, and
   39  the department, may establish an alternative sanctioning program
   40  in which the department, after receiving court approval, may
   41  enforce specified sanctions for certain technical violations of
   42  supervision. For purposes of this paragraph, the term “technical
   43  violation” means any alleged violation of supervision that is
   44  not a new felony offense, misdemeanor offense, or criminal
   45  traffic offense.
   46         2. To establish an alternative sanctioning program, the
   47  chief judge must issue an administrative order specifying:
   48         a. Eligibility criteria.
   49         b. The technical violations that are eligible for the
   50  program.
   51         c. The sanctions that may be recommended by a probation
   52  officer for each technical violation.
   53         d. The process for reporting technical violations through
   54  the alternative sanctioning program, including approved forms.
   55         3. If an offender is alleged to have committed a technical
   56  violation of supervision that is eligible for the program, the
   57  offender may:
   58         a. Waive participation in the alternative sanctioning
   59  program, in which case the probation officer may submit a
   60  violation report, affidavit, and warrant to the court in
   61  accordance with this section; or
   62         b. Elect to participate in the alternative sanctioning
   63  program after receiving written notice of an alleged technical
   64  violation and a disclosure of the evidence against the offender,
   65  admit to the technical violation, agree to comply with the
   66  probation officer’s recommended sanction if subsequently ordered
   67  by the court, and agree to waive the right to:
   68         (I) Be represented by legal counsel.
   69         (II) Require the state to prove his or her guilt before a
   70  neutral and detached hearing body.
   71         (III) Subpoena witnesses and present to a judge evidence in
   72  his or her defense.
   73         (IV) Confront and cross-examine adverse witnesses.
   74         (V) Receive a written statement from a factfinder as to the
   75  evidence relied on and the reasons for the sanction imposed.
   76         4. If the offender admits to committing the technical
   77  violation and agrees with the probation officer’s recommended
   78  sanction, the probation officer must, before imposing the
   79  sanction, submit the recommended sanction to the court as well
   80  as documentation reflecting the offender’s admission to the
   81  technical violation and agreement with the recommended sanction.
   82         5. The court may impose the recommended sanction or may
   83  direct the department to submit a violation report, affidavit,
   84  and warrant to the court in accordance with this section.
   85         6. An offender’s participation in an alternative
   86  sanctioning program is voluntary. The offender may elect to
   87  waive or discontinue participation in an alternative sanctioning
   88  program at any time before the issuance of a court order
   89  imposing the recommended sanction.
   90         7. If an offender waives or discontinues participation in
   91  an alternative sanctioning program, the probation officer may
   92  submit a violation report, affidavit, and warrant to the court
   93  in accordance with this section. The offender’s prior admission
   94  to the technical violation may not be used as evidence in
   95  subsequent proceedings.
   96         Section 2. This act shall take effect July 1, 2016.