CS/HB 575

1	A bill to be entitled
2	An act relating to violations of probation or community
3	control; creating the "Officer Andrew Widman Act";
4	amending s. 948.06, F.S.; authorizing a judge, after
5	making a certain finding, to issue a warrant for the
6	arrest of a probationer or offender who has violated the
7	terms of probation or community control; requiring that
8	the court inform the probationer or offender of the
9	violation; authorizing the court to commit or release the
10	probationer or offender under certain circumstances;
11	authorizing the court, in determining whether to require
12	or set the amount of bail, to consider the likelihood that
13	the person will be imprisoned for the violation of
14	probation or community control; providing an effective
15	date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  This act may be cited as the "Officer Andrew
20	Widman Act."
21	Section 2.  Subsection (1) of section 948.06, Florida
22	Statutes, is amended to read:
23	948.06  Violation of probation or community control;
24	revocation; modification; continuance; failure to pay
25	restitution or cost of supervision.-
26	(1)(a)  Whenever within the period of probation or
27	community control there are reasonable grounds to believe that a
28	probationer or offender in community control has violated his or
29	her probation or community control in a material respect, any
30	law enforcement officer who is aware of the probationary or
31	community control status of the probationer or offender in
32	community control or any parole or probation supervisor may
33	arrest or request any county or municipal law enforcement
34	officer to arrest such probationer or offender without warrant
35	wherever found and return him or her to the court granting such
36	probation or community control.
37	(b)  Any committing trial court judge may issue a warrant,
38	upon the facts being made known to him or her by affidavit of
39	one having knowledge of such facts, for the arrest of the
40	probationer or offender, returnable forthwith before the court
41	granting such probation or community control. In lieu of issuing
42	a warrant for arrest, the committing trial court judge may issue
43	a notice to appear if the probationer or offender in community
44	control has never been convicted of committing, and is not
45	currently alleged to have committed, a qualifying offense as
46	defined in this section.
47	(c)  If a judge finds reasonable grounds to believe that a
48	probationer or an offender has violated his or her probation or
49	community control in a material respect by committing a new
50	violation of law, the judge may issue a warrant for the arrest
51	of the person.
52	(d)1.  At a first appearance hearing for an offender who
53	has been arrested for violating his or her probation or
54	community control in a material respect by committing a new
55	violation of law, the court:
56	a.  Shall inform the person of the violation.
57	b.  May order the person to be taken before the court that
58	granted the probation or community control if the person admits
59	the violation.
60	2.  If the probationer or offender does not admit the
61	violation at the first appearance hearing, the court:
62	a.  May commit the probationer or offender or may release
63	the person with or without bail to await further hearing,
64	notwithstanding s. 907.041; or
65	b.  May order the probationer or offender to be brought
66	before the court that granted the probation or community
67	control.
68	3.  In determining whether to require or set the amount of
69	bail, and notwithstanding s. 907.041, the court may consider
70	whether the probationer or offender is more likely than not to
71	receive a prison sanction for the violation.
72
73	This paragraph does not apply to a probationer or offender on
74	community control who is subject to the hearing requirements of
75	subsection (4) or paragraph (8)(e).
76	(e)(c)  Any parole or probation supervisor, any officer
77	authorized to serve criminal process, or any peace officer of
78	this state is authorized to serve and execute such warrant. Any
79	parole or probation supervisor is authorized to serve such
80	notice to appear.
81	(f)(d)  Upon the filing of an affidavit alleging a
82	violation of probation or community control and following
83	issuance of a warrant under s. 901.02, a warrantless arrest
84	under this section, or a notice to appear under this section,
85	the probationary period is tolled until the court enters a
86	ruling on the violation. Notwithstanding the tolling of
87	probation, the court shall retain jurisdiction over the offender
88	for any violation of the conditions of probation or community
89	control that is alleged to have occurred during the tolling
90	period. The probation officer is permitted to continue to
91	supervise any offender who remains available to the officer for
92	supervision until the supervision expires pursuant to the order
93	of probation or community control or until the court revokes or
94	terminates the probation or community control, whichever comes
95	first.
96	(g)(e)  The chief judge of each judicial circuit may direct
97	the department to use a notification letter of a technical
98	violation in appropriate cases in lieu of a violation report,
99	affidavit, and warrant when the alleged violation is not a new
100	felony or misdemeanor offense. Such direction must be in writing
101	and must specify the types of specific violations which are to
102	be reported by a notification letter of a technical violation,
103	any exceptions to those violations, and the required process for
104	submission. At the direction of the chief judge, the department
105	shall send the notification letter of a technical violation to
106	the court.
107	(h)(f)  The court may allow the department to file an
108	affidavit, notification letter, violation report, or other
109	report under this section by facsimile or electronic submission.
110	Section 3.  This act shall take effect October 1, 2011.

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