Senate Bill sb0428c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                            CS for SB 428

    By the Committee on Criminal Justice; and Senators Smith,
    Crist, Villalobos, Diaz de la Portilla, Geller, Siplin, Lynn,
    Dockery, Fasano, Lee, Sebesta, Jones, Constantine, Miller and
    Bullard


    307-1928-03

  1                      A bill to be entitled

  2         An act relating to community control; providing

  3         a short title; amending s. 948.10, F.S.;

  4         requiring that the Department of Corrections

  5         review and verify whether an ineligible

  6         offender is placed on community control and

  7         notify the sentencing judge, the state

  8         attorney, and the Attorney General; requiring

  9         that the department report on ineligible

10         placements to the chief judge and the state

11         attorney; requiring the department provide a

12         annual report to the Governor, the Legislature,

13         and the Supreme Court on the placement of

14         ineligible offenders on community control;

15         requiring the department to develop and

16         implement a supervision risk assessment

17         instrument; providing requirements for

18         department's annual report; requiring that the

19         department study the use of electronic

20         monitoring of offenders placed on community

21         control; requiring a report to the Governor and

22         the Legislature; providing an effective date.

23  

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

25  

26         Section 1.  This act may be cited as the "Howard E.

27  Futch Community Safety Act."

28         Section 2.  Subsections (7), (8), and (9) are added to

29  section 948.10, Florida Statutes, to read:

30         948.10  Community control programs.--

31  

                                  1

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






    Florida Senate - 2003                            CS for SB 428
    307-1928-03




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

 2  by the court and the offender is ineligible to be placed on

 3  community control as provided in s. 948.01(10), the department

 4  shall:

 5         (a)  Review and verify whether an ineligible offender

 6  was placed on community control.

 7         (b)  Within 30 days after receipt of the order, notify

 8  the sentencing judge, the state attorney, and the Attorney

 9  General that the offender was ineligible for placement on

10  community control.

11         (c)  Provide a quarterly report to the chief judge and

12  the state attorney of each circuit citing the number of

13  ineligible offenders placed on community control within that

14  circuit.

15         (d)  Provide an annual report to the Governor, the

16  President of the Senate, the Speaker of the House of

17  Representatives, and the Chief Justice of the Supreme Court on

18  the placement of ineligible offenders on community control in

19  order to assist in preparing judicial education programs or

20  for any other purpose.

21         (8)  The Department of Corrections shall:

22         (a)  Develop and maintain a weighted statewide caseload

23  equalization strategy designed to ensure that high-risk

24  offenders receive the highest level of supervision; and

25         (b)  Develop and implement a supervision risk

26  assessment instrument for the community control population

27  which is similar to the probation risk assessment instrument

28  established by the National Institute of Justice.

29         (9)  In its annual report to the Governor, the

30  President of the Senate, and the Speaker of the House of

31  Representatives under s. 20.315(5), the department shall

                                  2

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






    Florida Senate - 2003                            CS for SB 428
    307-1928-03




 1  include a detailed analysis of the community control program

 2  and the department's specific efforts to protect the public

 3  from offenders placed on community control. The analysis must

 4  include, but need not be limited to, specific information on

 5  the department's ability to meet minimum officer-to-offender

 6  contact standards, the number of crimes committed by offenders

 7  on community control, and the level of community supervision

 8  provided.

 9         Section 3.  The Department of Corrections shall:

10         (1)  Study the use of electronic monitoring and its

11  effectiveness on the community control population. For

12  purposes of the study, and notwithstanding section 948.10(2),

13  Florida Statutes, from July 1, 2003, until February 1, 2004,

14  the department may adjust the maximum community control

15  caseloads when electronic monitoring is used.

16         (2)  Report its findings to the Governor, the President

17  of the Senate, and the Speaker of the House of Representatives

18  by February 1, 2004.

19         Section 4.  This act shall take effect July 1, 2003.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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






    Florida Senate - 2003                            CS for SB 428
    307-1928-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 428

 3                                 

 4  -    Applies regardless of whether sentencing is the result of
         a plea bargain.
 5  
    -    Does not require the Department of Corrections to seek
 6       modification of improper sentence.

 7  -    Requires notification of improper sentence to be made
         within 30 days of receipt, rather than imposition of
 8       sentence; and adds Attorney General to recipients.

 9  -    Adds the Governor, President of the Senate, and Speaker
         of the House of Representatives as recipients of the
10       annual report of improper placements on community
         control, and adds that the information can be used for
11       any purpose.

12  -    Requires the department to develop and maintain a
         weighted caseload equalization strategy.
13  
    -    Requires the department to develop and implement a risk
14       assessment instrument for offenders on community control.

15  -    Requires the department to include a detailed analysis of
         the community control program in its annual report
16       submitted pursuant to s. 20.315(5), F.S., and to address
         specified aspects of the program.
17  
    -    Requires the department to study the use of electronic
18       monitoring and its effectiveness for use with offenders
         on community control, with a report to be submitted to
19       the Governor, President of the Senate, and Speaker of the
         House of Representatives by February 1, 2004.
20  
    -    Allows the department to deviate from the statutory
21       maximum caseload limit of 25 community control offenders
         for purposes of the study during the period from July 1,
22       2003, to February 1, 2004.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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