Senate Bill sb0888c1

    Florida Senate - 2001                            CS for SB 888

    By the Committee on Criminal Justice and Senator Campbell





    307-1557-01

  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.

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

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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

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    Florida Senate - 2001                            CS for SB 888
    307-1557-01




  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  Notwithstanding the tolling of probation as provided in this

12  subsection, the court shall retain jurisdiction over the

13  offender for any violation of the conditions of probation or

14  community control that is alleged to have occurred during the

15  tolling period.  The court, upon the probationer or offender

16  being brought before it, shall advise him or her of such

17  charge of violation and, if such charge is admitted to be

18  true, may forthwith revoke, modify, or continue the probation

19  or community control or place the probationer into a community

20  control program. If probation or community control is revoked,

21  the court shall adjudge the probationer or offender guilty of

22  the offense charged and proven or admitted, unless he or she

23  has previously been adjudged guilty, and impose any sentence

24  which it might have originally imposed before placing the

25  probationer on probation or the offender into community

26  control. If such violation of probation or community control

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

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

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

30  probation or community control violation. If such charge is

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

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    Florida Senate - 2001                            CS for SB 888
    307-1557-01




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

  2  practicable, shall give the probationer or offender an

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

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

  5  modify, or continue the probation or community control or

  6  place the probationer into community control. If such

  7  probation or community control is revoked, the court shall

  8  adjudge the probationer or offender guilty of the offense

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

10  previously been adjudged guilty, and impose any sentence which

11  it might have originally imposed before placing the

12  probationer or offender on probation or into community

13  control. If the court dismisses an affidavit alleging a

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

15  probation or community control shall continue as previously

16  imposed, and the offender shall receive credit for all tolled

17  time against his or her term of probation or community

18  control.

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

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21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 888

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24  The CS specifies that while the term of supervision is tolled
    by an affidavit and warrant, the offender shall remain under
25  the jurisdiction of the court.

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