HB 1801CS

CHAMBER ACTION



1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to probation and community control;
8amending s. 901.15, F.S.; authorizing law enforcement
9officers to make warrantless arrests of certain
10probationers, community controllees, and parolees;
11amending s. 921.187, F.S.; limiting the circumstances in
12which certain offenders may be placed on community control
13or probation; defining the term "disqualifying forcible
14felony;" creating s. 903.0473, F.S.; authorizing the court
15to order an appearance bond as a condition of an
16offender's probation, community control, or other
17community supervision; requiring the appearance of the
18offender pursuant to the conditions of the bond, subject
19to notice; providing for the surrender of the offender in
20certain circumstances; providing for estreature and
21forfeiture of the bond in circumstances involving the
22offender's failure to appear; amending s. 947.22, F.S.;
23authorizing local law enforcement officers to provide
24certain assistance to probation officers; amending s.
25948.01, F.S.; deleting a 2-year limitation on the duration
26of community control or public service; limiting the
27circumstances in which certain offenders may be placed on
28community control or probation; defining the term
29"disqualifying forcible felony;" amending s. 948.03, F.S.;
30deleting a reference to parole supervisors; revising the
31standard conditions of probation and community control
32that do not require oral pronouncement; requiring
33probationers and community controllees to report monthly
34to the probation officer; requiring probationers and
35community controllees to account for specified
36information; authorizing the Department of Corrections to
37include electronic monitoring as a condition of the
38monthly report; requiring certain probationers and
39community controllees to submit to random, monthly
40substance abuse testing; prohibiting probationers and
41community controllees from using or possessing controlled
42substance or drugs without a prescription; providing that
43the standard conditions of probation and community control
44include a requirement to remain on such supervision
45without violating the law and to not have contact with any
46victim of the offense unless authorized by the court;
47amending s. 948.032, F.S.; providing that it is the
48defendant's responsibility to prove inability to pay
49court-ordered restitution; amending s. 948.06, F.S.;
50authorizing local law enforcement officers to provide
51certain assistance to probation officers; providing for
52the tolling of the period of probation pursuant to
53warrantless arrest; requiring that high-risk felony
54probationers or community controllees be held without bail
55for alleged violations of nonmonetary conditions of
56supervision; providing for the Department of Corrections
57to make reports to the court concerning disposition
58recommendations for certain violations of probation or
59community control; providing for the form and contents of
60such report; specifying contents of reports alleging
61violations involving court-ordered obligations; providing
62for the court to conduct "danger to the community
63hearings" in certain circumstances; specifying
64circumstances that may indicate a defendant poses a risk
65of physical harm to persons; providing that a finding that
66defendant poses a risk of physical harm to persons must be
67established by a preponderance of the evidence; specifying
68a period of incarceration for defendants found to pose a
69risk of physical harm to others; providing a definition
70for the term, "high-risk felony;" providing for
71representation and participation by the state in
72proceedings under ch. 948, F.S.; providing applicability;
73creating s. 948.062, F.S.; providing for the inspector
74general of the Department of Corrections to review the
75circumstances surrounding specified offenses occurring
76while certain offenders are under supervision of the
77department; providing for the Department of Corrections to
78annually submit the reviews to the Office of Program
79Policy Analysis and Governmental Accountability; requiring
80the Office of Program Policy Analysis and Governmental
81Accountability to submit an annual report based upon the
82reviews; specifying the minimum contents of such report;
83amending s. 948.10, F.S.; providing for the department to
84review an offender's eligibility for probation in certain
85circumstances; providing for reports concerning such
86eligibility; amending ss. 958.14 and 921.0017, F.S.;
87revising cross references, to conform; reenacting s.
88570.073(2), F.S., relating to the arrest powers of law
89enforcement officers employed by the Department of
90Agriculture and Consumer Services, for the purpose of
91incorporating the amendment to s. 901.15, F.S., in a
92reference thereto; reenacting ss. 372.921(5) and
93372.922(4), F.S., relating to certain dispositions of
94offenses involving the exhibition or sale of wildlife and
95certain dispositions of offenses involving the personal
96possession of wildlife, respectively, for the purpose of
97incorporating the amendment to s. 921.187, F.S., in
98references thereto; reenacting s. 921.187(1)(a), F.S.,
99relating to sentencing alternatives, for the purpose of
100incorporating the amendment to s. 948.01, F.S., in a
101reference thereto; reenacting ss. 775.089(1)(a),
102948.001(5), 958.03(4), and 947.23(6), F.S., relating to
103restitution, the definition of the term "probation" for
104purposes of ch. 948, F.S., the definition of the term
105"probation" for purposes of the Florida Youthful Offender
106Act, and actions upon arrest of parolees, respectively,
107for the purpose of incorporating the amendment to s.
108948.03, F.S., in references thereto; reenacting s.
109948.01(9), (11)(b), and (13)(b), F.S., relating to
110procedures governing violations, revocations,
111modifications, and continuations of community control, for
112the purpose of incorporating the amendment to s. 948.06,
113F.S., in references thereto; providing effective dates.
114
115Be It Enacted by the Legislature of the State of Florida:
116
117     Section 1.  Subsection (17) is added to section 901.15,
118Florida Statutes, to read:
119     901.15  When arrest by officer without warrant is
120lawful.--A law enforcement officer may arrest a person without a
121A law enforcement officer may arrest a person without a warrant
122when:
123     (17)  The officer is making an arrest of a person on
124probation, community control, or parole pursuant to s. 948.06(1)
125or s. 947.22.
126     Section 2.  Subsection (2) of section 921.187, Florida
127Statutes, is amended, and paragraph (a) of subsection (1) of
128said section is reenacted for the purpose of incorporating the
129amendment to section 948.01, Florida Statutes, in a reference
130thereto, to read:
131     921.187  Disposition and sentencing; alternatives;
132restitution.--
133     (1)  The alternatives provided in this section for the
134disposition of criminal cases shall be used in a manner that
135will best serve the needs of society, punish criminal offenders,
136and provide the opportunity for rehabilitation.
137     (a)  If the offender does not receive a state prison
138sentence, the court may:
139     1.  Impose a split sentence whereby the offender is to be
140placed on probation upon completion of any specified period of
141such sentence, which period may include a term of years or less.
142     2.  Make any other disposition that is authorized by law.
143     3.  Place the offender on probation with or without an
144adjudication of guilt pursuant to s. 948.01.
145     4.  Impose a fine and probation pursuant to s. 948.011 when
146the offense is punishable by both a fine and imprisonment and
147probation is authorized.
148     5.  Place the offender into community control requiring
149intensive supervision and surveillance pursuant to chapter 948.
150     6.  Impose, as a condition of probation or community
151control, a period of treatment which shall be restricted to a
152county facility, a Department of Corrections probation and
153restitution center, a probation program drug punishment
154treatment community, or a community residential or
155nonresidential facility, excluding a community correctional
156center as defined in s. 944.026, which is owned and operated by
157any qualified public or private entity providing such services.
158Before admission to such a facility, the court shall obtain an
159individual assessment and recommendations on the appropriate
160treatment needs, which shall be considered by the court in
161ordering such placements. Placement in such a facility, except
162for a county residential probation facility, may not exceed 364
163days. Placement in a county residential probation facility may
164not exceed 3 years. Early termination of placement may be
165recommended to the court, when appropriate, by the center
166supervisor, the supervising probation officer, or the probation
167program manager.
168     7.  Sentence the offender pursuant to s. 922.051 to
169imprisonment in a county jail when a statute directs
170imprisonment in a state prison, if the offender's cumulative
171sentence, whether from the same circuit or from separate
172circuits, is not more than 364 days.
173     8.  Sentence the offender who is to be punished by
174imprisonment in a county jail to a jail in another county if
175there is no jail within the county suitable for such prisoner
176pursuant to s. 950.01.
177     9.  Require the offender to participate in a work-release
178or educational or technical training program pursuant to s.
179951.24 while serving a sentence in a county jail, if such a
180program is available.
181     10.  Require the offender to perform a specified public
182service pursuant to s. 775.091.
183     11.  Require the offender who violates chapter 893 or
184violates any law while under the influence of a controlled
185substance or alcohol to participate in a substance abuse
186program.
187     12.a.  Require the offender who violates any criminal
188provision of chapter 893 to pay an additional assessment in an
189amount up to the amount of any fine imposed, pursuant to ss.
190938.21 and 938.23.
191     b.  Require the offender who violates any provision of s.
192893.13 to pay an additional assessment in an amount of $100,
193pursuant to ss. 938.25 and 943.361.
194     13.  Impose a split sentence whereby the offender is to be
195placed in a county jail or county work camp upon the completion
196of any specified term of community supervision.
197     14.  Impose split probation whereby upon satisfactory
198completion of half the term of probation, the Department of
199Corrections may place the offender on administrative probation
200pursuant to s. 948.01 for the remainder of the term of
201supervision.
202     15.  Require residence in a state probation and restitution
203center or private drug treatment program for offenders on
204community control or offenders who have violated conditions of
205probation.
206     16.  Impose any other sanction which is provided within the
207community and approved as an intermediate sanction by the county
208public safety coordinating council as described in s. 951.26.
209     17.  Impose, as a condition of community control,
210probation, or probation following incarceration, a requirement
211that an offender who has not obtained a high school diploma or
212high school equivalency diploma or who lacks basic or functional
213literacy skills, upon acceptance by an adult education program,
214make a good faith effort toward completion of such basic or
215functional literacy skills or high school equivalency diploma,
216as defined in s. 1003.435, in accordance with the assessed adult
217general education needs of the individual offender.
218     (2)  Unless agreed to by the state attorney as part of a
219negotiated plea or sentence, an offender may not be placed on in
220community control or probation if:
221     (a)  Convicted of or adjudication is withheld for a
222disqualifying forcible felony as defined in s. 776.08; and
223     (b)  Previously convicted of or adjudication was withheld
224for a disqualifying forcible felony as defined in s. 776.08.
225
226Nothing in this subsection prohibits placement of certain
227inmates on community control pursuant to s. 947.1747. For
228purposes of this subsection, the term "disqualifying a forcible
229felony" means a forcible felony defined in s. 776.08, excluding
230burglary under s. 810.02(4) and aggravated assault committed
231without a deadly weapon under s. 784.021(1)(b) does not include
232manslaughter or burglary.
233     Section 3.  Section 903.0473, Florida Statutes, is created
234to read:
235     903.0473  Probation appearance bond.--As a condition of
236probation, community control, or any other court-ordered
237community supervision authorized under chapter 948, the court
238may order the posting of a bond to secure the appearance of the
239defendant at any subsequent court proceeding. The appearance
240bond shall be filed by the bail agent with the sheriff who shall
241provide a copy to the clerk of court. Upon 72 hours' notice by
242the clerk, the bail agent shall produce to the court the person
243on probation, community control, or other court-ordered
244community supervision to the court. The bail agent shall
245surrender to the sheriff the person on probation, community
246control or other court-ordered community supervision upon notice
247by the probation officer that the person has violated the terms
248of probation, community control, or other court-ordered
249community supervision. If the bail agent fails to produce the
250defendant to the court at the time and place properly noticed,
251the bond shall be estreated and forfeited according to the
252procedures set forth in this chapter and chapter 643. The
253defendant's failure to appear shall be the sole grounds for
254forfeiture and estreature of the appearance bond. Where not
255inconsistent with this subsection, this chapter and chapter 643
256shall regulate the relationship between the bail agent and
257probationer.
258     Section 4.  Subsection (2) of section 947.22, Florida
259Statutes, is amended to read:
260     947.22  Authority to arrest parole violators with or
261without warrant.--
262     (2)  Any parole and probation officer, when she or he has
263reasonable ground to believe that a parolee, control releasee,
264or conditional releasee has violated the terms and conditions of
265her or his parole, control release, or conditional release in a
266material respect, has the right to arrest, or to request any law
267enforcement officer to arrest, the releasee or parolee without
268warrant and bring her or him forthwith before one or more
269commissioners or a duly authorized representative of the Parole
270Commission or Control Release Authority; and proceedings shall
271thereupon be had as provided herein when a warrant has been
272issued by a member of the commission or authority or a duly
273authorized representative of the commission or authority. Upon
274request, local law enforcement officers may assist the probation
275officer in making a warrantless arrest of a releasee or parolee,
276taking a releasee or parolee into custody, and transporting a
277releasee or parolee to the county jail.
278     Section 5.  Subsections (4) and (10) of section 948.01,
279Florida Statutes, are amended, and subsection (9), paragraph (b)
280of subsection (11), and paragraph (b) of subsection (13) of said
281section are reenacted for the purpose of incorporating the
282amendment to s. 948.06, Florida Statutes, in references thereto,
283to read:
284     948.01  When court may place defendant on probation or into
285community control.--
286     (4)  The sanctions imposed by order of the court shall be
287commensurate with the seriousness of the offense. When community
288control or a program of public service is ordered by the court,
289the duration of community control supervision or public service
290may not be longer than the sentence that could have been imposed
291if the offender had been committed for the offense or a period
292not to exceed 2 years, whichever is less. When restitution or
293public service is ordered by the court, the amount of
294restitution or public service may not be greater than an amount
295which the offender could reasonably be expected to pay or
296perform.
297     (9)  Procedures governing violations of community control
298shall be the same as those described in s. 948.06 with respect
299to probation.
300     (10)  Unless agreed to by the state attorney as part of a
301negotiated plea or sentence, an offender may not be placed on in
302community control or probation if:
303     (a)  Convicted of or has adjudication withheld for a
304disqualifying forcible felony as defined in s. 776.08, and
305     (b)  Previously convicted of or had adjudication withheld
306for a disqualifying forcible felony as defined in s. 776.08.
307
308Nothing in this subsection prohibits placement of certain
309inmates on community control pursuant to s. 947.1747. For the
310purposes of this subsection, a "disqualifying forcible felony"
311means a forcible felony defined in s. 776.08, excluding burglary
312under s. 810.02(4) and aggravated assault committed without a
313deadly weapon under s. 784.021(1)(b) does not include
314manslaughter or burglary.
315     (11)  The court may also impose a split sentence whereby
316the defendant is sentenced to a term of probation which may be
317followed by a period of incarceration or, with respect to a
318felony, into community control, as follows:
319     (b)  If the offender does not meet the terms and conditions
320of probation or community control, the court may revoke, modify,
321or continue the probation or community control as provided in s.
322948.06. If the probation or community control is revoked, the
323court may impose any sentence that it could have imposed at the
324time the offender was placed on probation or community control.
325The court may not provide credit for time served for any portion
326of a probation or community control term toward a subsequent
327term of probation or community control. However, the court may
328not impose a subsequent term of probation or community control
329which, when combined with any amount of time served on preceding
330terms of probation or community control for offenses pending
331before the court for sentencing, would exceed the maximum
332penalty allowable as provided in s. 775.082. Such term of
333incarceration shall be served under applicable law or county
334ordinance governing service of sentences in state or county
335jurisdiction. This paragraph does not prohibit any other
336sanction provided by law.
337     (13)  If it appears to the court upon a hearing that the
338defendant is a chronic substance abuser whose criminal conduct
339is a violation of s. 893.13(2)(a) or (6)(a), the court may
340either adjudge the defendant guilty or stay and withhold the
341adjudication of guilt; and, in either case, it may stay and
342withhold the imposition of sentence and place the defendant on
343drug offender probation.
344     (b)  Offenders placed on drug offender probation are
345subject to revocation of probation as provided in s. 948.06.
346     Section 6.  Effective July 1, 2004, subsection (1) of
347section 948.03, Florida Statutes, as amended by section 136 of
348chapter 2003-402, Laws of Florida, is amended to read:
349     948.03  Terms and conditions of probation or community
350control.--
351     (1)  The court shall determine the terms and conditions of
352probation or community control. Conditions specified in
353paragraphs (a)-(o) (a)-(m) do not require oral pronouncement at
354the time of sentencing and may be considered standard conditions
355of probation. Conditions specified in paragraphs (a)-(o) (a)-(m)
356and (2)(a) do not require oral pronouncement at sentencing and
357may be considered standard conditions of community control.
358These conditions may include among them the following, that the
359probationer or offender in community control shall:
360     (a)  Report to the probation officer and parole supervisors
361as directed. The offender shall provide a full, truthful, and
362complete oral or written report each month. The report must
363include, but need not be limited to, the offender's employment
364status, monthly earnings, and financial ability. At the
365discretion of the department, the reporting requirement may
366include electronic monitoring.
367     (b)  Permit such officers supervisors to visit him or her
368at his or her home or elsewhere.
369     (c)  Work faithfully at suitable employment insofar as may
370be possible.
371     (d)  Remain within a specified place.
372     (e)  Make reparation or restitution to the aggrieved party
373for the damage or loss caused by his or her offense in an amount
374to be determined by the court. The court shall make such
375reparation or restitution a condition of probation, unless it
376determines that clear and compelling reasons exist to the
377contrary. If the court does not order restitution, or orders
378restitution of only a portion of the damages, as provided in s.
379775.089, it shall state on the record in detail the reasons
380therefor.
381     (f)  Effective July 1, 1994, and applicable for offenses
382committed on or after that date, make payment of the debt due
383and owing to a county or municipal detention facility under s.
384951.032 for medical care, treatment, hospitalization, or
385transportation received by the felony probationer while in that
386detention facility. The court, in determining whether to order
387such repayment and the amount of such repayment, shall consider
388the amount of the debt, whether there was any fault of the
389institution for the medical expenses incurred, the financial
390resources of the felony probationer, the present and potential
391future financial needs and earning ability of the probationer,
392and dependents, and other appropriate factors.
393     (g)  Support his or her legal dependents to the best of his
394or her ability.
395     (h)  Make payment of the debt due and owing to the state
396under s. 960.17, subject to modification based on change of
397circumstances.
398     (i)  Pay any application fee assessed under s. 27.52(2)(a)
399and attorney's fees and costs assessed under s. 938.29, subject
400to modification based on change of circumstances.
401     (j)  Not associate with persons engaged in criminal
402activities.
403     (k)1.  Submit to random testing as directed by the
404correctional probation officer or the professional staff of the
405treatment center where he or she is receiving treatment to
406determine the presence or use of alcohol or controlled
407substances.
408     2.  If the offense was a controlled substance violation and
409the period of probation immediately follows a period of
410incarceration in the state correction system or if the offense
411was a controlled substance violation and the offender has
412previously served a term of imprisonment for an offense
413involving a controlled substance, the conditions shall include a
414requirement that the offender submit, no less than once every
415calendar month, to random substance abuse testing intermittently
416throughout the term of supervision, upon the direction of the
417correctional probation officer as defined in s. 943.10(3).
418     (l)  Be prohibited from possessing, carrying, or owning any
419firearm unless authorized by the court and consented to by the
420probation officer.
421     (m)  Be prohibited from using intoxicants to excess or
422using or possessing a controlled substance or drug any drugs or
423narcotics unless prescribed by a physician. The probationer or
424community controllee shall not knowingly visit places where
425intoxicants, drugs, or other dangerous substances are unlawfully
426sold, dispensed, or used.
427     (n)  Remain on supervision without violating the law.
428     (o)  For an offense involving a victim, not have contact
429with the victim unless authorized to do so by the court. If the
430court authorizes the defendant to have contact with the victim
431over the objection of the victim or the state attorney, the
432court shall state on the record the reasons therefor.
433     (p)(n)  Attend an HIV/AIDS awareness program consisting of
434a class of not less than 2 hours or more than 4 hours in length,
435the cost for which shall be paid by the offender, if such a
436program is available in the county of the offender's residence.
437     (q)(o)  Pay not more than $1 per month during the term of
438probation or community control to a nonprofit organization
439established for the sole purpose of supplementing the
440rehabilitative efforts of the Department of Corrections.
441     Section 7.  Section 948.032, Florida Statutes, is amended
442to read:
443     948.032  Condition of probation; restitution.--If a
444defendant is placed on probation, any restitution ordered under
445s. 775.089 shall be a condition of the probation. The court may
446revoke probation if the defendant fails to comply with the
447order. In determining whether to revoke probation, the court
448shall consider the defendant's employment status, earning
449ability, and financial resources; the willfulness of the
450defendant's failure to pay; and any other special circumstances
451that may have a bearing on the defendant's ability to pay. As
452provided in s. 948.06(5), it is the responsibility of the
453defendant to prove his or her inability to pay court-ordered
454restitution.
455     Section 8.  Effective July 1, 2004, and applicable to
456offenses committed on or after that date, section 948.06,
457Florida Statutes, is amended to read:
458     948.06  Violation of probation or community control;
459revocation; modification; continuance; failure to pay
460restitution or cost of supervision.--
461     (1)(a)  Whenever within the period of probation or
462community control there are reasonable grounds to believe that a
463probationer or offender on in community control has violated his
464or her probation or community control in a material respect, any
465law enforcement officer who is aware of the probationary or
466community control status of the probationer or offender in
467community control or any parole or probation supervisor may
468arrest or request any county or municipal law enforcement
469officer to arrest such probationer or offender without warrant
470wherever found and forthwith return him or her to the court
471granting such probation or community control. Upon request,
472local law enforcement officers may assist the probation officer
473in making a warrantless arrest of a probationer or community
474controllee, taking a probationer or community controllee into
475custody, and transporting a probationer or community controllee
476to the county jail. Any committing magistrate may issue a
477warrant, upon the facts being made known to him or her by
478affidavit of one having knowledge of such facts, for the arrest
479of the probationer or offender, returnable forthwith before the
480court granting such probation or community control. Any parole
481or probation supervisor, any officer authorized to serve
482criminal process, or any peace officer of this state is
483authorized to serve and execute such warrant.
484     (b)  Upon the filing of an affidavit alleging a violation
485of probation or community control and following issuance of a
486warrant under s. 901.02 or upon warrantless arrest, the
487probationary period is tolled until the court enters a ruling on
488the violation. Notwithstanding the tolling of probation as
489provided in this subsection, the court shall retain jurisdiction
490over the offender for any violation of the conditions of
491probation or community control that is alleged to have occurred
492during the tolling period. The probation officer is permitted to
493continue to supervise any offender who remains available to the
494officer for supervision until the supervision expires pursuant
495to the order of probation or community control or until the
496court revokes or terminates the probation or community control,
497whichever comes first.
498     (2)  The court, upon the probationer or offender being
499brought before it, shall advise him or her of such charge of
500violation. and,
501     (a)  If such violation of probation or community control
502charge is admitted to be true, the court may forthwith revoke,
503modify, or continue the probation or community control or place
504the probationer into a community control program. If probation
505or community control is revoked, the court shall adjudge the
506probationer or offender guilty of the offense charged and proven
507or admitted, unless he or she has previously been adjudged
508guilty, and impose any sentence which it might have originally
509imposed before placing the probationer on probation or the
510offender into community control.
511     (b)  If such violation of probation or community control is
512not admitted by the probationer or offender, the court may
513commit him or her or release him or her with or without bail to
514await further hearing, except that a defendant who is on
515probation or community control for a high-risk felony, as
516defined in subsection (10), must be held without bail for an
517alleged violation that involves a nonmonetary condition of
518supervision or it may dismiss the charge of probation or
519community control violation. If such charge is not at that time
520admitted by the probationer or offender and if it is not
521dismissed, The court, as soon as may be practicable, shall give
522the probationer or offender an opportunity to be fully heard on
523his or her behalf in person or by counsel. The state shall be
524represented by the state attorney at such hearing and shall be
525given an opportunity to be heard and to present evidence. After
526such hearing, the court may revoke, modify, or continue the
527probation or community control or place the probationer into
528community control. If such probation or community control is
529revoked, the court shall adjudge the probationer or offender
530guilty of the offense charged and proven or admitted, unless he
531or she has previously been adjudged guilty, and impose any
532sentence which it might have originally imposed before placing
533the probationer or offender on probation or into community
534control.
535     (c)  Notwithstanding s. 775.082, when a period of probation
536or community control has been tolled, upon revocation or
537modification of the probation or community control, the court
538may impose a sanction with a term that when combined with the
539amount of supervision served and tolled, exceeds the term
540permissible pursuant to s. 775.082 for a term up to the amount
541of the tolled period supervision.
542     (d)  If the court dismisses an affidavit alleging a
543violation of probation or community control, the offender's
544probation or community control shall continue as previously
545imposed, and the offender shall receive credit for all tolled
546time against his or her term of probation or community control.
547     (e)  For each case in which the offender admits to
548committing a violation or is found to have committed a
549violation, the department shall provide the court with a
550recommendation as to the appropriate disposition. The report
551must include, but need not be limited to, a summary of the
552offender's prior supervision history, including the offender's
553prior participation in treatment, educational, and vocational
554programs, and any other actions or circumstances of the offender
555which are relevant. The court may specify whether the report
556must be oral or written and may waive the requirement for a
557report on a case-by-case basis. This paragraph does not prohibit
558the department from making any other report or recommendation
559that is provided for by law or requested by the court or the
560state attorney.
561     (3)(2)(a)  When any state or local law enforcement agency
562investigates or arrests a person for committing, or attempting,
563soliciting, or conspiring to commit, a violation of s. 787.025,
564chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
565847.0135, or s. 847.0145, the law enforcement agency shall
566contact the Department of Corrections to verify whether the
567person under investigation or under arrest is on probation,
568community control, parole, conditional release, or control
569release.
570     (b)  If the law enforcement agency finds that the person
571under investigation or under arrest is on probation, community
572control, parole, conditional release, or control release, the
573law enforcement agency shall immediately notify the person's
574probation officer or release supervisor of the investigation or
575the arrest.
576     (4)(3)  When the court imposes a subsequent term of
577supervision following a revocation of probation or community
578control, it shall not provide credit for time served while on
579probation or community control toward any subsequent term of
580probation or community control. However, the court may not
581impose a subsequent term of probation or community control
582which, when combined with any amount of time served on preceding
583terms of probation or community control for offenses before the
584court for sentencing, would exceed the maximum penalty allowable
585as provided by s. 775.082. No part of the time that the
586defendant is on probation or in community control shall be
587considered as any part of the time that he or she shall be
588sentenced to serve.
589     (5)(4)  Notwithstanding any other provision of this
590section, a probationer or an offender in community control who
591is arrested for violating his or her probation or community
592control in a material respect may be taken before the court in
593the county or circuit in which the probationer or offender was
594arrested. That court shall advise him or her of such charge of a
595violation and, if such charge is admitted, shall cause him or
596her to be brought before the court which granted the probation
597or community control.
598     (a)  If such violation is not admitted by the probationer
599or offender, the court may commit him or her or release him or
600her with or without bail to await further hearing. The court, as
601soon as is practicable, shall give the probationer or offender
602an opportunity to be fully heard on his or her behalf in person
603or by counsel.
604     (b)  After such hearing, the court shall make findings of
605fact and forward the findings to the court which granted the
606probation or community control and to the probationer or
607offender or his or her attorney. The findings of fact by the
608hearing court are binding on the court which granted the
609probation or community control. Upon the probationer or offender
610being brought before it, the court which granted the probation
611or community control may revoke, modify, or continue the
612probation or community control or may place the probationer into
613community control as provided in this section.
614     (6)(5)  Whenever the department submits a violation report
615to the court involving allegations of failure to pay court-
616ordered obligations, the department shall include a statement by
617the probationer or offender on community control concerning his
618or her ability to pay such obligations. In any hearing in which
619the failure of a probationer or offender in community control to
620pay restitution or the cost of supervision as provided in s.
621948.09, as directed, is established by the state, if the
622probationer or offender asserts his or her inability to pay
623restitution or the cost of supervision, it is incumbent upon the
624probationer or offender to prove by clear and convincing
625evidence that he or she does not have the present resources
626available to pay restitution or the cost of supervision despite
627sufficient bona fide efforts legally to acquire the resources to
628do so. If the probationer or offender cannot pay restitution or
629the cost of supervision despite sufficient bona fide efforts,
630the court shall consider alternate measures of punishment other
631than imprisonment. Only if alternate measures are not adequate
632to meet the state's interests in punishment and deterrence may
633the court imprison a probationer or offender in community
634control who has demonstrated sufficient bona fide efforts to pay
635restitution or the cost of supervision.
636     (7)(6)  Any parolee in a community control program who has
637allegedly violated the terms and conditions of such placement is
638subject to the provisions of ss. 947.22 and 947.23.
639     (8)(7)  Any provision of law to the contrary
640notwithstanding, whenever probation, community control, or
641control release, including the probationary, community control
642portion of a split sentence, is violated and the probation or
643community control is revoked, the offender, by reason of his or
644her misconduct, shall be deemed to have forfeited all gain-time
645or commutation of time for good conduct, as provided by law,
646earned up to the date of his or her release on probation,
647community control, or control release. This subsection does not
648deprive the prisoner of his or her right to gain-time or
649commutation of time for good conduct, as provided by law, from
650the date on which the prisoner is returned to prison. However,
651if a prisoner is sentenced to incarceration following
652termination from a drug punishment program imposed as a
653condition of probation, the sentence may include incarceration
654without the possibility of gain-time or early release for the
655period of time remaining in his or her treatment program
656placement term.
657     (9)(a)  The court shall conduct a danger to the community
658hearing as provided in paragraph (b) to determine whether the
659defendant poses a risk of physical harm to persons if:
660     1.  The defendant is on probation or community control for
661a high-risk felony; or
662     2.  The defendant is on probation or community control for
663any felony and has been adjudged to be in violation of
664nonmonetary conditions of probation or community control for the
665current felony and has been previously convicted of, or had
666adjudication of guilt withheld for, a high-risk felony, a
667forcible felony as defined in s. 776.08, or any violation of s.
668800.04.
669     (b)  In a danger to the community hearing, the court may
670conclude that a defendant poses a risk of physical harm to
671persons based on factors, including, but not limited to:
672     1.  The defendant's sentence for the felony included court-
673ordered treatment for abuse of illegal controlled substances and
674the present violation was committed for the purpose of acquiring
675controlled substances.
676     2.  The defendant has two prior nonmonetary violations of
677the current supervision and has:
678     a.  Committed a new felony offense, excluding felony
679violations of chapters 815, 817, 818, 823, 831, 832, 837, 838,
680839, 849, and 896; or
681     b.  Committed a new misdemeanor offense involving the use
682or threatened use of force or violence.
683     3.  The defendant has three prior nonmonetary violations of
684the current supervision.
685     4.  The defendant is in violation of a condition of
686supervision involving contacting a victim against the victim's
687will or involving contacting a minor in violation of s.
688948.03(5), if the felony was committed against a minor.
689
690At the conclusion of the danger to the community hearing, the
691court shall state its finding as to whether the defendant poses
692a risk of physical harm to persons. A finding that the defendant
693poses a risk of physical harm to persons must be established by
694a preponderance of the evidence. If the court finds that the
695defendant poses a risk of physical harm to persons, the court
696must impose a sentence that includes a period of incarceration
697in state prison within the sentencing range provided under the
698Criminal Punishment Code.
699     (10)  For purposes of this chapter, the term "high-risk
700felony" means lewd or lascivious battery as defined in s.
701800.04, an act of terrorism as defined in s. 775.30, or any
702forcible felony defined in s. 776.08, excluding burglary under
703s. 810.02(4) and aggravated assault committed without a deadly
704weapon under s. 784.021(1)(b).
705     (11)  The state attorney shall represent the state in all
706hearings described in this chapter regarding persons on
707probation or community control. The state shall be given the
708opportunity to be heard and to present evidence to establish the
709defendant's violation and the facts or circumstances which
710support a finding that a defendant poses a threat of physical
711harm to persons.
712     Section 9.  Section 948.062, Florida Statutes, is created
713to read:
714     948.062  Reviewing and reporting serious offenses committed
715by offenders placed on community supervision.--
716     (1)  The department's inspector general, as designated
717pursuant to s. 944.31, shall review the circumstances related to
718offenders placed on community supervision who have been arrested
719while on supervision for the following serious offenses:
720     (a)  Any murder as provided in s. 782.04;
721     (b)  Any sexual battery as provided in s. 794.011 or s.
722794.023;
723     (c)  Any sexual performance by a child as provided in s.
724827.071;
725     (d)  Any kidnapping, false imprisonment, or luring of a
726child as provided in s. 787.01, s. 787.02, or s. 787.025;
727     (e)  Any lewd and lascivious battery or lewd and lascivious
728molestation as provided in s. 800.04(4) or s. 800.04(5);
729     (f)  Any aggravated child abuse as provided in s.
730827.03(2);
731     (g)  Any robbery with a firearm or other deadly weapon,
732home invasion robbery, or carjacking as provided in s.
733812.13(2)(a), s. 812.135, or s. 812.133;
734     (h)  Any aggravated stalking as provided in s. 784.048(3),
735s. 784.048(4), or s. 784.048(5);
736     (i)  Any forcible felony as provided in s. 776.08 committed
737by any person under community supervision designated as a sexual
738predator; or
739     (j)  Any DUI manslaughter as provided in s. 316.193(3)(c),
740or vehicular or vessel homicide as provided in s. 782.071 or s.
741782.072, committed by any person under community supervision for
742an offense involving death or injury resulting from a driving
743incident.
744
745The inspector general's review shall document whether the
746supervision of the offender met enumerated rules, policies, and
747procedures and whether supervision practices were followed.
748     (2)  On an annual basis, the Department of Corrections
749shall provide these reviews to the Office of Program Policy
750Analysis and Government Accountability. The Office of Program
751Policy Analysis and Government Accountability shall annually
752analyze these reviews and provide a written report to the
753President of the Senate and the Speaker of the House of
754Representatives. The report must include, at a minimum, any
755identified systemic deficiencies in managing high-risk offenders
756on community supervision and the judicial disposition of the
757cases involving such offenders, any patterns of noncompliance by
758correctional probation officers and any inconsistent or
759inefficient judicial case processing for offenders who have
760violated community supervision, and recommendations for
761improving the community supervision program.
762     Section 10.  Subsections (7) and (9) of section 948.10,
763Florida Statutes, are amended to read:
764     948.10  Community control programs.--
765     (7)  If an offender is placed on sentenced to community
766control or probation by the court and the offender is ineligible
767for to be placed on community control or probation as provided
768in s. 948.01(10), the department shall:
769     (a)  Review and verify whether an ineligible offender was
770placed on community control or probation.
771     (b)  Within 30 days after receipt of the order, notify the
772sentencing judge, the state attorney, and the Attorney General
773that the offender was ineligible for placement on community
774control or probation.
775     (c)  Provide a quarterly report to the chief judge and the
776state attorney of each circuit citing the number of ineligible
777offenders placed on community control or probation within that
778circuit.
779     (d)  Provide an annual report to the Governor, the
780President of the Senate, the Speaker of the House of
781Representatives, and the Chief Justice of the Supreme Court on
782the placement of ineligible offenders on community control or
783probation in order to assist in preparing judicial education
784programs or for any other purpose.
785     (9)  In its annual report to the Governor, the President of
786the Senate, and the Speaker of the House of Representatives
787under s. 20.315(5), the department shall include a detailed
788analysis of the community control and probation programs program
789and the department's specific efforts to protect the public from
790offenders placed on community control or probation. The analysis
791must include, but need not be limited to, specific information
792on the department's ability to meet minimum officer-to-offender
793contact standards, the number and types of crimes committed by
794offenders on community control and probation, and the level of
795community supervision provided.
796     Section 11.  Section 958.14, Florida Statutes, is amended
797to read:
798     958.14  Violation of probation or community control
799program.--A violation or alleged violation of probation or the
800terms of a community control program shall subject the youthful
801offender to the provisions of s. 948.06(1) and (2). However, no
802youthful offender shall be committed to the custody of the
803department for a substantive violation for a period longer than
804the maximum sentence for the offense for which he or she was
805found guilty, with credit for time served while incarcerated, or
806for a technical or nonsubstantive violation for a period longer
807than 6 years or for a period longer than the maximum sentence
808for the offense for which he or she was found guilty, whichever
809is less, with credit for time served while incarcerated.
810     Section 12.  Section 921.0017, Florida Statutes, is amended
811to read:
812     921.0017  Credit upon recommitment of offender serving
813split sentence.--Effective for offenses committed on or after
814January 1, 1994, if an offender's probation or community control
815is revoked and the offender is serving a split sentence pursuant
816to s. 948.01, upon recommitment to the Department of
817Corrections, the court shall order credit for time served in
818state prison or county jail only, without considering any type
819of gain-time earned before release to supervision, or any type
820of sentence reduction granted to avoid prison overcrowding,
821including, but not limited to, any sentence reduction resulting
822from administrative gain-time, provisional credits, or control
823release. The court shall determine the amount of jail-time
824credit to be awarded for time served between the date of arrest
825as a violator and the date of recommitment, and shall direct the
826Department of Corrections to compute and apply credit for all
827other time served previously on the prior sentence for the
828offense for which the offender is being recommitted. This
829section does not affect or limit the department's authority to
830forfeit gain-time under ss. 944.28(1) and 948.06(8)(7).
831     Section 13.  For the purpose of incorporating the amendment
832to section 901.15, Florida Statutes, in a reference thereto,
833subsection (2) of section 570.073, Florida Statutes, is
834reenacted to read:
835     570.073  Department of Agriculture and Consumer Services,
836law enforcement officers.--
837     (2)  Each law enforcement officer shall meet the
838qualifications of law enforcement officers under s. 943.13 and
839shall be certified as a law enforcement officer by the
840Department of Law Enforcement under the provisions of chapter
841943. Upon certification, each law enforcement officer is subject
842to and shall have the same arrest and other authority provided
843for law enforcement officers generally in chapter 901 and shall
844have statewide jurisdiction. Each officer shall also have arrest
845authority as provided for state law enforcement officers in s.
846901.15. Such officers have full law enforcement powers granted
847to other peace officers of this state, including the authority
848to make arrests, carry firearms, serve court process, and seize
849contraband and the proceeds of illegal activities.
850     Section 14.  For the purpose of incorporating the amendment
851to section 921.187, Florida Statutes, in a reference thereto,
852subsection (5) of section 372.921, Florida Statutes, is
853reenacted to read:
854     372.921  Exhibition or sale of wildlife.--
855     (5)  In instances where wildlife is seized or taken into
856custody by the commission, said owner or possessor of such
857wildlife shall be responsible for payment of all expenses
858relative to the capture, transport, boarding, veterinary care,
859or other costs associated with or incurred due to seizure or
860custody of wildlife. Such expenses shall be paid by said owner
861or possessor upon any conviction or finding of guilt of a
862criminal or noncriminal violation, regardless of adjudication or
863plea entered, of any provision of chapter 828 or this chapter,
864or rule of the commission or if such violation is disposed of
865under s. 921.187. Failure to pay such expense may be grounds for
866revocation or denial of permits to such individual to possess
867wildlife.
868     Section 15.  For the purpose of incorporating the amendment
869to section 921.187, Florida Statutes, in a reference thereto,
870subsection (4) of section 372.922, Florida Statutes, is
871reenacted to read:
872     372.922  Personal possession of wildlife.--
873     (4)  In instances where wildlife is seized or taken into
874custody by the commission, said owner or possessor of such
875wildlife shall be responsible for payment of all expenses
876relative to the capture, transport, boarding, veterinary care,
877or other costs associated with or incurred due to seizure or
878custody of wildlife. Such expenses shall be paid by said owner
879or possessor upon any conviction or finding of guilt of a
880criminal or noncriminal violation, regardless of adjudication or
881plea entered, of any provision of chapter 828 or this chapter,
882or rule of the commission or if such violation is disposed of
883under s. 921.187. Failure to pay such expense may be grounds for
884revocation or denial of permits to such individual to possess
885wildlife.
886     Section 16.  For the purpose of incorporating the amendment
887to section 948.03, Florida Statutes, in a reference thereto,
888paragraph (a) of subsection (1) of section 775.089, Florida
889Statutes, is reenacted to read:
890     775.089  Restitution.--
891     (1)(a)  In addition to any punishment, the court shall
892order the defendant to make restitution to the victim for:
893     1.  Damage or loss caused directly or indirectly by the
894defendant's offense; and
895     2.  Damage or loss related to the defendant's criminal
896episode,
897
898unless it finds clear and compelling reasons not to order such
899restitution. Restitution may be monetary or nonmonetary
900restitution. The court shall make the payment of restitution a
901condition of probation in accordance with s. 948.03. An order
902requiring the defendant to make restitution to a victim does not
903remove or diminish the requirement that the court order payment
904to the Crimes Compensation Trust Fund pursuant to chapter 960.
905Payment of an award by the Crimes Compensation Trust Fund shall
906create an order of restitution to the Crimes Compensation Trust
907Fund, unless specifically waived in accordance with subparagraph
908(b)1.
909     Section 17.  For the purpose of incorporating the amendment
910to section 948.03, Florida Statutes, in a reference thereto,
911subsection (5) of section 948.001, Florida Statutes, is
912reenacted to read:
913     948.001  Definitions.--As used in this chapter, the term:
914     (5)  "Probation" means a form of community supervision
915requiring specified contacts with parole and probation officers
916and other terms and conditions as provided in s. 948.03.
917     Section 18.  For the purpose of incorporating the amendment
918to section 948.03, Florida Statutes, in a reference thereto,
919subsection (4) of section 958.03, Florida Statutes, is reenacted
920to read:
921     958.03  Definitions.--As used in this act:
922     (4)  "Probation" means a form of community supervision
923requiring specified contacts with parole and probation officers
924and other terms and conditions as provided in s. 948.03.
925     Section 19.  For the purpose of incorporating the amendment
926to section 948.03, Florida Statutes, in references thereto,
927subsection (6) of section 947.23, Florida Statutes, is reenacted
928to read:
929     947.23  Action of commission upon arrest of parolee.--
930     (6)  Within a reasonable time after the hearing, the
931commissioner, commissioners, or duly authorized representative
932of the commission who conducted the hearing shall make findings
933of fact in regard to the alleged parole violation.
934     (a)  If the hearing was conducted by three or more
935commissioners, a majority of them shall enter an order
936determining whether the charges of parole violation have been
937sustained, based on the findings of fact made by them. By such
938order they shall revoke the parole and return the parolee to
939prison to serve the sentence theretofore imposed upon her or
940him, reinstate the original order of parole, order the placement
941of the parolee into a community control program as set forth in
942s. 948.03, or enter such other order as is proper.
943     (b)  If the hearing was conducted by one or two
944commissioners or a duly authorized representative of the
945commission, at least two commissioners shall enter an order
946determining whether or not the charges of parole violation have
947been sustained, based on the findings of fact made by the
948commissioner, commissioners, or duly authorized representative
949of the commission. The commissioners, by such order, shall
950revoke the parole and return the parolee to prison to serve the
951sentence theretofore imposed upon her or him, reinstate the
952original order of parole, order the placement of the parolee
953into a community control program as set forth in s. 948.03, or
954enter such other order as is proper.
955     (c)  If the disposition after the revocation hearing is to
956place the parolee into a community control program, the
957commission shall be guided by the procedures and requirements
958provided in chapter 948 which apply to the courts regarding the
959development and implementation of community control.
960
961However, any decision to revoke parole shall be based on a
962violation of a term or condition specifically enumerated in the
963parole release order. In a case in which parole is revoked, the
964majority of the commission or the two commissioners shall make a
965written statement of the evidence relied on and the reasons for
966revoking parole.
967     Section 20.  Except as otherwise provided, this act shall
968take effect upon becoming a law.


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