| 1 | A bill to be entitled | 
| 2 | An act relating to probation and community control; | 
| 3 | amending s. 947.22, F.S.; requiring law enforcement | 
| 4 | officers to assist probation officers in making | 
| 5 | warrantless arrests; amending s. 948.06, F.S.; requiring | 
| 6 | law enforcement officers to assist probation officers in | 
| 7 | making warrantless arrests; requiring law enforcement and | 
| 8 | probation officers to arrest a probationer or offender if | 
| 9 | the officer has reasonable grounds to believe that the | 
| 10 | probationer or offender has violated his or her probation | 
| 11 | or community control and if the officer is aware that the | 
| 12 | probationer or offender has a history of convictions for | 
| 13 | violence; creating s. 948.061, F.S.; requiring the | 
| 14 | Department of Corrections to develop a risk assessment and | 
| 15 | alert system to monitor certain offenders placed on | 
| 16 | probation or community control; requiring increased | 
| 17 | supervision of such offenders under certain circumstances; | 
| 18 | requiring that certain information be provided to the | 
| 19 | court by the correctional probation officer; creating s. | 
| 20 | 948.062, F.S.; requiring the Department of Corrections to | 
| 21 | review the circumstances of certain arrests of offenders | 
| 22 | on probation or community control; requiring the Office of | 
| 23 | Program Policy Analysis and Government Accountability to | 
| 24 | analyze the reviews and report to the President of the | 
| 25 | Senate and the Speaker of the House of Representatives; | 
| 26 | providing legislative findings with respect to the | 
| 27 | necessity for increased supervision of high-risk offenders | 
| 28 | who violate community supervision; requesting that the | 
| 29 | Supreme Court amend a Rule of Criminal Procedure to | 
| 30 | require that certain offenders arrested for a violation of | 
| 31 | probation or community control be detained while awaiting | 
| 32 | a hearing on the violation; providing an effective date. | 
| 33 | 
 | 
| 34 | Be It Enacted by the Legislature of the State of Florida: | 
| 35 | 
 | 
| 36 | Section 1.  Subsection (2) of section 947.22, Florida | 
| 37 | Statutes, is amended to read: | 
| 38 | 947.22  Authority to arrest parole violators with or | 
| 39 | without warrant.-- | 
| 40 | (2)  Any parole and probation officer, when she or he has | 
| 41 | reasonable ground to believe that a parolee, control releasee, | 
| 42 | or conditional releasee has violated the terms and conditions of | 
| 43 | her or his parole, control release, or conditional release in a | 
| 44 | material respect, has the right to arrest, or to request any law | 
| 45 | enforcement officer to arrest, the releasee or parolee without | 
| 46 | warrant and bring her or him forthwith before one or more | 
| 47 | commissioners or a duly authorized representative of the Parole | 
| 48 | Commission or Control Release Authority; and proceedings shall | 
| 49 | thereupon be had as provided herein when a warrant has been | 
| 50 | issued by a member of the commission or authority or a duly | 
| 51 | authorized representative of the commission or authority. Local | 
| 52 | law enforcement officers shall assist the probation officer, | 
| 53 | upon request, in making a warrantless arrest, taking the | 
| 54 | releasee or parolee into custody, and transporting the releasee | 
| 55 | or parolee to the county jail. | 
| 56 | Section 2.  Paragraph (a) of subsection (1) of section | 
| 57 | 948.06, Florida Statutes, is amended to read: | 
| 58 | 948.06  Violation of probation or community control; | 
| 59 | revocation; modification; continuance; failure to pay | 
| 60 | restitution or cost of supervision.-- | 
| 61 | (1)(a)1.  Whenever within the period of probation or | 
| 62 | community control there are reasonable grounds to believe that a | 
| 63 | probationer or offender in community control has violated his or | 
| 64 | her probation or community control in a material respect, any | 
| 65 | law enforcement officer who is aware of the probationary or | 
| 66 | community control status of the probationer or offender in | 
| 67 | community control or any parole or probation supervisor may | 
| 68 | arrest or request any county or municipal law enforcement | 
| 69 | officer to arrest the suchprobationer or offender without | 
| 70 | warrant wherever found and forthwith return him or her to the | 
| 71 | court granting suchprobation or community control. Local law | 
| 72 | enforcement officers shall assist the probation officer, upon | 
| 73 | request, in making a warrantless arrest, taking the probationer | 
| 74 | or offender into custody, and transporting the probationer or | 
| 75 | offender to the county jail. | 
| 76 | 2.  Within the period of probation or community control, | 
| 77 | whenever there are reasonable grounds to believe that a | 
| 78 | probationer or offender in community control has violated his or | 
| 79 | her probation or community control in a material respect, any | 
| 80 | law enforcement officer or parole or probation supervisor who is | 
| 81 | aware of the probationary or community control status of the | 
| 82 | probationer or offender in community control and who is aware | 
| 83 | that the probationer or offender has a history of convictions | 
| 84 | for violence shall arrest the probationer or offender without | 
| 85 | warrant wherever found and forthwith return him or her to the | 
| 86 | court granting the probation or community control. Local law | 
| 87 | enforcement officers shall assist the probation officer, upon | 
| 88 | request, in making a warrantless arrest, taking the probationer | 
| 89 | or offender into custody, and transporting the probationer or | 
| 90 | offender to the county jail. | 
| 91 | Section 3.  Section 948.061, Florida Statutes, is created | 
| 92 | to read: | 
| 93 | 948.061  Identifying, assessing, and monitoring certain | 
| 94 | high-risk offenders on community supervision; providing | 
| 95 | cumulative criminal and supervision histories to the court.-- | 
| 96 | (1)  By December 1, 2005, the department shall develop a | 
| 97 | graduated risk assessment and alert system that continuously | 
| 98 | identifies, assesses, and closely monitors offenders who are | 
| 99 | placed on probation or in community control and who: | 
| 100 | (a)  Have previously been placed on probation or in | 
| 101 | community control and have a history of committing multiple | 
| 102 | violations of community supervision in this state or in any | 
| 103 | other jurisdiction or have previously been incarcerated in this | 
| 104 | state or in any other jurisdiction; and | 
| 105 | (b)  Have experienced more than one of the following risk | 
| 106 | factors that could potentially make the offender more likely to | 
| 107 | pose a danger to others: | 
| 108 | 1.  Attempted suicide or severe depression; | 
| 109 | 2.  Marital instability or a history of domestic violence; | 
| 110 | 3.  A history of substance abuse; | 
| 111 | 4.  Unemployment or substantial financial difficulties; | 
| 112 | 5.  A history of violence, particularly involving | 
| 113 | strangers; or | 
| 114 | 6.  Any other risk factor identified by the department. | 
| 115 | (2)  Recognizing that an offender having an extensive | 
| 116 | criminal history and multiple risk factors may pose a serious | 
| 117 | threat to the community, the department shall consider the | 
| 118 | cumulative impact of these risk factors and, if necessary, place | 
| 119 | an offender on an elevated alert status and provide a high level | 
| 120 | of supervision for the offender until the situation stabilizes | 
| 121 | and the department no longer believes that the offender poses a | 
| 122 | threat to others. In providing such supervision and | 
| 123 | surveillance, the department shall increase the number of office | 
| 124 | and home visits conducted by the correctional probation officer; | 
| 125 | expand the number of and type of employment, family, community, | 
| 126 | and neighborhood contacts by the correctional probation officer; | 
| 127 | increase referrals to available community mental health | 
| 128 | facilities and community assistance programs; develop emergency | 
| 129 | communication plans and alert systems for law enforcement | 
| 130 | agencies and the court in order to quickly detain the offender | 
| 131 | in response to a violation; and prioritize departmental | 
| 132 | resources in order to more closely monitor the offender's | 
| 133 | activities in an effort to prevent escalating criminal behavior. | 
| 134 | (3)  In providing criminal history and background | 
| 135 | information to the court, the correctional probation officer | 
| 136 | shall provide in each report submitted to the court and at each | 
| 137 | hearing before the court a clear, complete, and concise | 
| 138 | cumulative and integrated chronology of the offender's criminal | 
| 139 | history and prior terms of probation or community control, | 
| 140 | including all substantive or technical violations of probation | 
| 141 | or community control. | 
| 142 | Section 4.  Section 948.062, Florida Statutes, is created | 
| 143 | to read: | 
| 144 | 948.062  Reviewing and reporting serious offenses committed | 
| 145 | by offenders placed on probation or community control.-- | 
| 146 | (1)  The department shall review the circumstances related | 
| 147 | to offenders placed on probation or community control who have | 
| 148 | been arrested while on supervision for the following offenses: | 
| 149 | (a)  Any murder as provided in s. 782.04; | 
| 150 | (b)  Any sexual battery as provided in s. 794.011 or s. | 
| 151 | 794.023; | 
| 152 | (c)  Any sexual performance by a child as provided in s. | 
| 153 | 827.071; | 
| 154 | (d)  Any kidnapping, false imprisonment, or luring of a | 
| 155 | child as provided in s. 787.01, s. 787.02, or s. 787.025; | 
| 156 | (e)  Any lewd and lascivious battery or lewd and lascivious | 
| 157 | molestation as provided in s. 800.04(4) or s. 800.04(5); | 
| 158 | (f)  Any aggravated child abuse as provided in s. | 
| 159 | 827.03(2); | 
| 160 | (g)  Any robbery with a firearm or other deadly weapon, | 
| 161 | home invasion robbery, or carjacking as provided in s. | 
| 162 | 812.13(2)(a), s. 812.135, or s. 812.133; | 
| 163 | (h)  Any aggravated stalking as provided in s. 784.048(3), | 
| 164 | (4), or (5); | 
| 165 | (i)  Any forcible felony as provided in s. 776.08 committed | 
| 166 | by any person on probation or community control who is | 
| 167 | designated as a sexual predator; or | 
| 168 | (j)  Any DUI manslaughter as provided in s. 316.193(3)(c), | 
| 169 | or vehicular or vessel homicide as provided in s. 782.071 or s. | 
| 170 | 782.072, committed by any person who is on probation or | 
| 171 | community control for an offense involving death or injury | 
| 172 | resulting from a driving incident. | 
| 173 | 
 | 
| 174 | The review shall document whether the supervision of the | 
| 175 | offender met enumerated rules, policies, and procedures and | 
| 176 | whether supervision practices were followed. | 
| 177 | (2)  The department shall annually provide these reviews to | 
| 178 | the Office of Program Policy Analysis and Government | 
| 179 | Accountability. The Office of Program Policy Analysis and | 
| 180 | Government Accountability shall analyze these reviews and | 
| 181 | provide an annual written report to the President of the Senate | 
| 182 | and the Speaker of the House of Representatives. The report must | 
| 183 | include, at a minimum, any identified systemic deficiencies in | 
| 184 | managing high-risk offenders on community supervision and the | 
| 185 | judicial disposition of such offenders; any patterns of | 
| 186 | noncompliance by correctional probation officers and any | 
| 187 | inconsistent or inefficient judicial case processing for | 
| 188 | offenders who have violated community supervision; and | 
| 189 | recommendations for improving the community supervision program. | 
| 190 | Section 5.  (1)  The 2005 Legislature closely examined | 
| 191 | chapter 948, Florida Statutes, to address certain critical | 
| 192 | public safety concerns and substantive policy issues involving | 
| 193 | offenders who violate probation or community control. The | 
| 194 | Legislature has carefully scrutinized the effectiveness of the | 
| 195 | state's community supervision system and concluded that the | 
| 196 | system should increase the level of supervision of high-risk | 
| 197 | offenders who violate probation or community control. The | 
| 198 | Legislature finds that offenders having extensive criminal | 
| 199 | histories and multiple risk factors may pose a serious threat to | 
| 200 | the community. In addition, the Legislature finds that the | 
| 201 | system should consider the cumulative impact of the offenders' | 
| 202 | histories and risk factors and quickly detain offenders alleged | 
| 203 | to be in violation of probation or community control in order to | 
| 204 | protect the public and prevent escalating criminal behavior. | 
| 205 | (2)(a)  Therefore, the Legislature strongly urges the | 
| 206 | Florida Supreme Court to amend the concomitant Rule of Criminal | 
| 207 | Procedure that sets forth the procedures for the lower courts to | 
| 208 | follow when considering bail in cases of violations of probation | 
| 209 | or community control. | 
| 210 | (b)  As the Florida Supreme Court opined in Bernhardt v. | 
| 211 | State, 288 So.2d 490 (Fla. 1974), release on bail pending a | 
| 212 | revocation-of-probation hearing is not a constitutional right. | 
| 213 | However, the Legislature recognizes that it is the prerogative | 
| 214 | of the Florida Supreme Court to act in the area of practice and | 
| 215 | procedure. The Legislature, therefore, recommends that the | 
| 216 | Florida Supreme Court consider revising Rule 3.790, Florida | 
| 217 | Rules of Criminal Procedure, regarding bail in certain cases | 
| 218 | involving a violation of probation or community control. | 
| 219 | (c)  Specifically, the Florida Supreme Court is requested | 
| 220 | to amend its rule to require that a probationer or community | 
| 221 | controllee who is arrested on an alleged violation, regardless | 
| 222 | of adjudication in the underlying offense, be detained while | 
| 223 | awaiting a hearing before the court that granted the probation | 
| 224 | or community control, if the offense for which the probationer | 
| 225 | or community controllee is currently on probation or community | 
| 226 | control is a forcible felony or if the probationer or community | 
| 227 | controllee has previously been convicted of a forcible felony as | 
| 228 | provided in s. 776.08, Florida Statutes. | 
| 229 | Section 6.  This act shall take effect upon becoming a law. |