Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 448
       
       
       
       
       
       
                                Barcode 331064                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             03/09/2012 03:41 PM       .                                
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 254 - 302
    4  and insert:
    5         (8)(a) The department shall submit a report to the
    6  sentencing court at least 30 days before the nonviolent offender
    7  is scheduled to complete the reentry program. The report must
    8  describe the offender’s performance in the reentry program and
    9  certify whether the performance is satisfactory. The court may
   10  schedule a hearing to consider any modification to the imposed
   11  sentence. Notwithstanding the eligibility criteria contained in
   12  s. 948.20, Florida Statutes, if the offender’s performance is
   13  satisfactory to the department and the court, the court shall
   14  issue an order modifying the sentence imposed and placing the
   15  offender on drug offender probation, as described in s.
   16  948.20(2), Florida Statutes, subject to the department’s
   17  certification of the offender’s successful completion of the
   18  remainder of the reentry program. The term of drug offender
   19  probation must not be less than the remainder of time that the
   20  offender would have served in prison, but for participating in
   21  the program. A condition of drug offender probation may include
   22  electronic monitoring or placement in a community residential or
   23  nonresidential licensed substance abuse treatment facility under
   24  the jurisdiction of the department or the Department of Children
   25  and Family Services or any public or private entity providing
   26  such services. The order shall include findings that the
   27  offender’s performance is satisfactory, that the requirements
   28  for resentencing under this section are satisfied, and that the
   29  public safety will not be compromised. If the nonviolent
   30  offender violates the conditions of drug offender probation, the
   31  court may revoke probation and impose any sentence that it might
   32  have originally imposed. No offender may be released from the
   33  custody of the department under this section except pursuant to
   34  a judicial order modifying his or her sentence.
   35         (b) If an offender being released pursuant to paragraph (a)
   36  intends to reside in a county that has established a
   37  postadjudicatory drug court program as described in s. 397.334,
   38  Florida Statutes, the sentencing court may require the offender
   39  to successfully complete the postadjudicatory drug court program
   40  as a condition of drug offender probation. The original
   41  sentencing court shall relinquish jurisdiction of the offender’s
   42  case to the postadjudicatory drug court program until the
   43  offender is no longer active in the program, the case is
   44  returned to the sentencing court due to the offender’s
   45  termination from the program for failure to comply with the
   46  terms thereof, or the offender’s sentence is completed. If
   47  transferred to a postadjudicatory drug court program, the
   48  offender shall comply with all conditions and orders of the
   49  program.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52         And the title is amended as follows:
   53         Delete lines 42 - 55
   54  and insert:
   55         requiring that the department submit a report to the
   56         sentencing court at least 30 days before the
   57         nonviolent offender is scheduled to complete the
   58         reentry program; setting forth the issues to be
   59         addressed in the report; providing a court may
   60         schedule a hearing to consider any modifications to an
   61         imposed sentence; requiring the sentencing court to
   62         issue an order modifying the sentence imposed and
   63         placing the nonviolent offender on drug offender
   64         probation if the nonviolent offender’s performance is
   65         satisfactory; authorizing the court to revoke
   66         probation and impose the original sentence in
   67         specified circumstances; authorizing the court to
   68         require the offender to complete a postadjudicatory
   69         drug court program in specified circumstances;
   70         directing the department to