Florida Senate - 2009                                    SB 2152
       
       
       
       By Senator Bennett
       
       
       
       
       21-01614-09                                           20092152__
    1                        A bill to be entitled                      
    2         An act relating to pretrial proceedings; amending s.
    3         948.06, F.S.; providing that at the first appearance
    4         of a probationer or an offender on community control
    5         arrested for a new offense for which the court finds
    6         the existence of probable cause, the court may order
    7         pretrial detention or pretrial release of the person
    8         with or without bail to await further hearing to
    9         determine the outcome of a violation hearing;
   10         providing for dismissal if no affidavit alleging a
   11         violation of probation or community control is filed
   12         within a specified period; exempting persons subject
   13         to hearings under specified provisions; providing an
   14         effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraphs (c) through (f) of subsection (1) of
   19  section 948.06, Florida Statutes, are redesignated as paragraphs
   20  (d) through (g), respectively, and a new paragraph (c) is added
   21  to that subsection to read:
   22         948.06 Violation of probation or community control;
   23  revocation; modification; continuance; failure to pay
   24  restitution or cost of supervision.—
   25         (1)
   26         (c) Notwithstanding s. 907.041, at the first appearance of
   27  a probationer or an offender on community control arrested for a
   28  new offense for which the court finds the existence of probable
   29  cause, the court may order pretrial detention or pretrial
   30  release of the person with or without bail to await further
   31  hearing to determine the outcome of a violation hearing. If no
   32  affidavit alleging a violation of probation or community control
   33  is filed with the court within 10 days after arrest for the new
   34  offense, the order regarding pretrial detention or pretrial
   35  release on the uncharged violation of probation or community
   36  control shall be dismissed. This paragraph does not apply to a
   37  probationer or community controllee who is subject to a hearing
   38  on whether he or she is a danger to the community as required
   39  under subsection (4) or paragraph (8)(e).
   40         Section 2. This act shall take effect October 1, 2009.