Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 642
       
       
       
       
       
       
                                Ì516056+Î516056                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/16/2019           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Bracy) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 336 - 544
    4  and insert:
    5         Section 11. Paragraphs (g) and (h) of subsection (1) of
    6  section 948.06, Florida Statutes, are amended to read:
    7         948.06 Violation of probation or community control;
    8  revocation; modification; continuance; failure to pay
    9  restitution or cost of supervision.—
   10         (1)
   11         (g) The chief judge of each judicial circuit shall may
   12  direct the department to use a notification letter of a
   13  technical violation in appropriate cases in lieu of a violation
   14  report, affidavit, and warrant or a notice to appear when the
   15  alleged violation is not a new felony or misdemeanor offense.
   16  Such direction must be in writing and must specify the types of
   17  specific technical violations which are to be reported by a
   18  notification letter of a technical violation, any exceptions to
   19  those violations, and the required process for submission. At
   20  the direction of the chief judge, the department shall send the
   21  notification letter of a technical violation to the court. For
   22  purposes of this section, the term “technical violation” means
   23  an alleged violation of supervision which is not a new felony
   24  offense, a new misdemeanor offense, or a new criminal traffic
   25  offense.
   26         (h)1. The chief judge of each judicial circuit shall, in
   27  consultation with the state attorney and, the public defender,
   28  and the department, may establish an alternative sanctioning
   29  program to ensure that in which the department, after receiving
   30  court approval, may enforce specified sanctions for certain
   31  technical violations of probation or community control do not
   32  result in returning an individual to jail or prison supervision.
   33  For purposes of this paragraph, the term “technical violation”
   34  means any alleged violation of supervision that is not a new
   35  felony offense, misdemeanor offense, or criminal traffic
   36  offense.
   37         2. To establish an alternative sanctioning program, the
   38  chief judge must issue an administrative order specifying:
   39         a. Eligibility criteria.
   40         b. The technical violations that are eligible for the
   41  program.
   42         c. The sanctions that may be recommended by a probation
   43  officer for each technical violation.
   44         d. The process for reporting technical violations through
   45  the alternative sanctioning program, including approved forms.
   46         3. If an offender is alleged to have committed a technical
   47  violation of supervision that is eligible for the program, the
   48  offender may:
   49         a. Waive participation in the alternative sanctioning
   50  program, in which case the probation officer may submit a
   51  violation report, affidavit, and warrant to the court in
   52  accordance with this section; or
   53         b. Elect to participate in the alternative sanctioning
   54  program after receiving written notice of an alleged technical
   55  violation and a disclosure of the evidence against the offender,
   56  admit to the technical violation, agree to comply with the
   57  probation officer’s recommended sanction if subsequently ordered
   58  by the court, and agree to waive the right to:
   59         (I) Be represented by legal counsel.
   60         (II) Require the state to prove his or her guilt before a
   61  neutral and detached hearing body.
   62         (III) Subpoena witnesses and present to a judge evidence in
   63  his or her defense.
   64         (IV) Confront and cross-examine adverse witnesses.
   65         (V) Receive a written statement from a factfinder as to the
   66  evidence relied on and the reasons for the sanction imposed.
   67         4. If the offender admits to committing the technical
   68  violation and agrees with the probation officer’s recommended
   69  sanction, the probation officer must, before imposing the
   70  sanction, submit the recommended sanction to the court as well
   71  as documentation reflecting the offender’s admission to the
   72  technical violation and agreement with the recommended sanction.
   73         5. The court may impose the recommended sanction or may
   74  direct the department to submit a violation report, affidavit,
   75  and warrant to the court in accordance with this section.
   76         6. An offender’s participation in an alternative
   77  sanctioning program is voluntary. The offender may elect to
   78  waive or discontinue participation in an alternative sanctioning
   79  program at any time before the issuance of a court order
   80  imposing the recommended sanction.
   81         7. If an offender waives or discontinues participation in
   82  an alternative sanctioning program, the probation officer may
   83  submit a violation report, affidavit, and warrant to the court
   84  in accordance with this section. The offender’s prior admission
   85  to the technical violation may not be used as evidence in
   86  subsequent proceedings.
   87  
   88  ================= T I T L E  A M E N D M E N T ================
   89  And the title is amended as follows:
   90         Delete lines 62 - 102
   91  and insert:
   92         terms of sentence; amending s. 948.06, F.S.;
   93         requiring, rather than authorizing, the chief judge of
   94         each judicial circuit to direct the department to use
   95         a notification letter of a technical violation in
   96         certain situations; defining the term “technical
   97         violation”; requiring, rather than authorizing, the
   98         chief judge to establish an alternative sanctioning
   99         program, in consultation with the state attorney and
  100         public defender; deleting provisions relating to
  101         requirements for an alternative sanctioning program;
  102         creating s. 951.30, F.S.; requiring each