Senate Bill sb0428

    Florida Senate - 2003                                   SB 428

    By Senator Smith





    26-428-03

  1                      A bill to be entitled

  2         An act relating to community control; amending

  3         s. 948.10, F.S.; requiring that the Department

  4         of Corrections notify the supervising probation

  5         officer if the court places an offender on

  6         community control who is ineligible for such

  7         placement; requiring that the department seek

  8         modification of the offender's sentence if

  9         possible; requiring that the department notify

10         the sentencing judge; requiring that the

11         department report to the chief judge of each

12         circuit, the state attorneys, and the Supreme

13         Court on the placement of ineligible offenders

14         on community control; providing an effective

15         date.

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

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19         Section 1.  Subsection (7) is added to section 948.10,

20  Florida Statutes, to read:

21         948.10  Community control programs.--

22         (7)  If an offender is sentenced to community control

23  by the court as part of a plea agreement and the offender is

24  ineligible to be placed on community control as provided in s.

25  948.01(10), the department shall:

26         (a)  Immediately notify the correctional probation

27  officer assigned to supervise that offender of the offender's

28  status and direct that the officer monitor the offender

29  carefully. If possible, the department shall seek a

30  modification of the offender's sentence which provides for

31  greater surveillance, monitoring, or confinement.

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






    Florida Senate - 2003                                   SB 428
    26-428-03




 1         (b)  Notify the sentencing judge within 30 days after

 2  imposition of the sentence that the offender was ineligible

 3  for placement on community control.

 4         (c)  Report each quarter to the chief judge and the

 5  state attorney of each circuit the placement of any ineligible

 6  offender on community control within that circuit.

 7         (d)  Provide an annual report to the Chief Justice of

 8  the Supreme Court on the placement of ineligible offenders on

 9  community control in order to assist the Supreme Court in

10  preparing judicial education programs.

11         Section 2.  This act shall take effect July 1, 2003.

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14                          SENATE SUMMARY

15    If the court places an ineligible offender on community
      control, requires that the Department of Corrections
16    notify the offender's correctional probation officer.
      Provides for the department to seek to modify the
17    offender's sentence. Requires the department to notify
      the sentencing judge within 30 days after sentencing.
18    Requires that reports concerning the placement of
      ineligible offenders on community control be provided to
19    the chief judge of each circuit, the state attorneys, and
      the Supreme Court.
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CODING: Words stricken are deletions; words underlined are additions.