Senate Bill sb0888

    Florida Senate - 2001                                   SB 888

    By Senator Campbell





    33-730-01

  1                      A bill to be entitled

  2         An act relating to violations of probation or

  3         community control; amending s. 948.06, F.S.;

  4         providing for tolling the period of probation

  5         or community control for an offender following

  6         the filing of an affidavit alleging a violation

  7         of probation or community control and issuance

  8         of a warrant; providing for a previously

  9         imposed period of probation or community

10         control to be reinstated following dismissal of

11         the affidavit; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Subsection (1) of section 948.06, Florida

16  Statutes, is amended to read:

17         948.06  Violation of probation or community control;

18  revocation; modification; continuance; failure to pay

19  restitution or cost of supervision.--

20         (1)  Whenever within the period of probation or

21  community control there are reasonable grounds to believe that

22  a probationer or offender in community control has violated

23  his or her probation or community control in a material

24  respect, any law enforcement officer who is aware of the

25  probationary or community control status of the probationer or

26  offender in community control or any parole or probation

27  supervisor may arrest or request any county or municipal law

28  enforcement officer to arrest such probationer or offender

29  without warrant wherever found and forthwith return him or her

30  to the court granting such probation or community control. Any

31  committing magistrate may issue a warrant, upon the facts

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 888
    33-730-01




  1  being made known to him or her by affidavit of one having

  2  knowledge of such facts, for the arrest of the probationer or

  3  offender, returnable forthwith before the court granting such

  4  probation or community control. Any parole or probation

  5  supervisor, any officer authorized to serve criminal process,

  6  or any peace officer of this state is authorized to serve and

  7  execute such warrant. Upon the filing of an affidavit alleging

  8  a violation of probation or community control and following

  9  issuance of a warrant under s. 901.02, the probationary period

10  is tolled until the court enters a ruling on the violation.

11  The court, upon the probationer or offender being brought

12  before it, shall advise him or her of such charge of violation

13  and, if such charge is admitted to be true, may forthwith

14  revoke, modify, or continue the probation or community control

15  or place the probationer into a community control program. If

16  probation or community control is revoked, the court shall

17  adjudge the probationer or offender guilty of the offense

18  charged and proven or admitted, unless he or she has

19  previously been adjudged guilty, and impose any sentence which

20  it might have originally imposed before placing the

21  probationer on probation or the offender into community

22  control. If such violation of probation or community control

23  is not admitted by the probationer or offender, the court may

24  commit him or her or release him or her with or without bail

25  to await further hearing, or it may dismiss the charge of

26  probation or community control violation. If such charge is

27  not at that time admitted by the probationer or offender and

28  if it is not dismissed, the court, as soon as may be

29  practicable, shall give the probationer or offender an

30  opportunity to be fully heard on his or her behalf in person

31  or by counsel. After such hearing, the court may revoke,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 888
    33-730-01




  1  modify, or continue the probation or community control or

  2  place the probationer into community control. If such

  3  probation or community control is revoked, the court shall

  4  adjudge the probationer or offender guilty of the offense

  5  charged and proven or admitted, unless he or she has

  6  previously been adjudged guilty, and impose any sentence which

  7  it might have originally imposed before placing the

  8  probationer or offender on probation or into community

  9  control. If the court dismisses an affidavit alleging a

10  violation of probation or community control, the offender's

11  probation or community control shall continue as previously

12  imposed, notwithstanding any period the probation or community

13  control was tolled.

14         Section 2.  This act shall take effect July 1, 2001.

15

16            *****************************************

17                          SENATE SUMMARY

18    Provides that if an affidavit is filed alleging an
      offender has violated his or her probation or community
19    control, the probationary period is tolled until the
      court rules on the alleged violation. Provides for the
20    probationary period to continue as previously imposed if
      the court dismisses the affidavit.
21

22

23

24

25

26

27

28

29

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.