Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 752
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to probationary or supervision
    3         services for misdemeanor offenders; amending s.
    4         948.01, F.S.; authorizing the Department of
    5         Corrections to supervise certain misdemeanor
    6         offenders; deleting a prohibition on private entities
    7         providing probationary or supervision services to
    8         certain misdemeanor offenders; amending s. 948.03,
    9         F.S.; authorizing a probationer or offender in
   10         community control to report to a probation officer
   11         through remote reporting under specified
   12         circumstances; requiring a probation officer to take
   13         specified circumstances into consideration when
   14         scheduling meetings; requiring the department and
   15         county probation authorities or entities to adopt and
   16         make available certain probation reporting policies;
   17         deleting remaining within a specified place as a
   18         standard condition of probation; amending s. 948.05,
   19         F.S.; requiring the department to reduce a
   20         probationer’s or offender’s supervision term by a
   21         specified amount of time for completing an educational
   22         advancement activity; defining the term “educational
   23         advancement activity”; amending s. 948.15, F.S.;
   24         authorizing a private or public entity to provide
   25         probation services and other specified programming to
   26         misdemeanor offenders; revising who may approve
   27         specified contracts; amending s. 948.09, F.S.;
   28         conforming a cross-reference; providing an effective
   29         date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Paragraph (a) of subsection (1) and subsection
   34  (5) of section 948.01, Florida Statutes, are amended to read:
   35         948.01 When court may place defendant on probation or into
   36  community control.—
   37         (1) Any state court having original jurisdiction of
   38  criminal actions may at a time to be determined by the court,
   39  with or without an adjudication of the guilt of the defendant,
   40  hear and determine the question of the probation of a defendant
   41  in a criminal case, except for an offense punishable by death,
   42  who has been found guilty by the verdict of a jury, has entered
   43  a plea of guilty or a plea of nolo contendere, or has been found
   44  guilty by the court trying the case without a jury.
   45         (a) If the court places the defendant on probation or into
   46  community control for a felony, the department shall provide
   47  immediate supervision by an officer employed in compliance with
   48  the minimum qualifications for officers as provided in s.
   49  943.13. The department may provide supervision to misdemeanor
   50  offenders sentenced or placed on probation by a circuit court
   51  when so ordered by the sentencing court. A private entity may
   52  not provide probationary or supervision services to felony or
   53  misdemeanor offenders sentenced or placed on probation or other
   54  supervision by the circuit court.
   55         (5) The imposition of sentence may not be suspended and the
   56  defendant thereupon placed on probation or into community
   57  control unless the defendant is placed under the custody of the
   58  department or another public or private entity. A private entity
   59  may not provide probationary or supervision services to felony
   60  or misdemeanor offenders sentenced or placed on probation or
   61  other supervision by the circuit court.
   62         Section 2. Paragraphs (a) and (d) of subsection (1) of
   63  section 948.03, Florida Statutes, are amended to read:
   64         948.03 Terms and conditions of probation.—
   65         (1) The court shall determine the terms and conditions of
   66  probation. Conditions specified in this section do not require
   67  oral pronouncement at the time of sentencing and may be
   68  considered standard conditions of probation. These conditions
   69  may include among them the following, that the probationer or
   70  offender in community control shall:
   71         (a) Report to the probation officer as directed. Such
   72  reporting requirements may be fulfilled through remote reporting
   73  if approved by the relevant probation officer, the relevant
   74  county probation authority or entity, or the Department of
   75  Corrections and if the court has not excluded the possibility of
   76  remote reporting by the defendant in his or her order of
   77  probation. The probation officer shall schedule meetings
   78  required as a condition of probation at times and locations that
   79  take into consideration and accommodate the work schedule,
   80  family caregiver obligations, and medical care of the
   81  probationer unless doing so would cause a threat to public
   82  safety. The Department of Corrections and county probation
   83  authorities or entities shall adopt and make available probation
   84  reporting policies that allow for remote reporting and consider
   85  the scheduling conflicts referenced in this paragraph.
   86         (d) Remain within a specified place.
   87         Section 3. Subsection (2) of section 948.05, Florida
   88  Statutes, is amended to read:
   89         948.05 Court to admonish or commend probationer or offender
   90  in community control; graduated incentives.—
   91         (2) The department shall implement a system of graduated
   92  incentives to promote compliance with the terms of supervision,
   93  encourage stable employment, and prioritize the highest levels
   94  of supervision for probationers or offenders presenting the
   95  greatest risk of recidivism.
   96         (a) As part of the graduated incentives system, the
   97  department may, without leave of court, offer the following
   98  incentives to a compliant probationer or offender in community
   99  control:
  100         1. Up to 25 percent reduction of required community service
  101  hours;
  102         2. Waiver of supervision fees;
  103         3. Reduction in frequency of reporting;
  104         4. Permission to report by mail or telephone; or
  105         5. Transfer of an eligible offender to administrative
  106  probation as authorized under s. 948.013.
  107         (b) The department may also incentivize positive behavior
  108  and compliance with recommendations to the court to modify the
  109  terms of supervision, including recommending:
  110         1. Permission to travel;
  111         2. Reduction of supervision type;
  112         3. Modification or cessation of curfew;
  113         4. Reduction or cessation of substance abuse testing; or
  114         5. Early termination of supervision.
  115         (c) The department shall, without leave of court,
  116  incentivize educational achievement by awarding a compliant
  117  probationer or offender in community control with a 60-day
  118  reduction of his or her term of supervision for each educational
  119  advancement activity he or she completes during the term of
  120  supervision. As used in this paragraph, the term “educational
  121  advancement activity” means a high school equivalency degree, an
  122  academic degree, or a vocational certificate.
  123         (d) A probationer or offender who commits a subsequent
  124  violation of probation may forfeit any previously earned
  125  probation incentive, as determined appropriate by his or her
  126  probation officer.
  127         Section 4. Subsections (2) and (3) of section 948.15,
  128  Florida Statutes, are amended to read:
  129         948.15 Misdemeanor probation services.—
  130         (2) A private entity or public entity, including a licensed
  131  substance abuse education and intervention program, under the
  132  supervision of the board of county commissioners or the court
  133  may provide probation services and licensed substance abuse
  134  education and treatment intervention programs for misdemeanor
  135  offenders sentenced or placed on probation by the county court.
  136         (3) Any private entity, including a licensed substance
  137  abuse education and intervention program, providing services for
  138  the supervision of misdemeanor probationers must contract with
  139  the county in which the services are to be rendered. The chief
  140  judge In a county having a population of fewer than 70,000, the
  141  county court judge, or the administrative judge of the county
  142  court in a county that has more than one county court judge,
  143  must approve the contract. Terms of the contract must state, but
  144  are not limited to:
  145         (a) The extent of the services to be rendered by the entity
  146  providing supervision or rehabilitation.
  147         (b) Staff qualifications and criminal record checks of
  148  staff.
  149         (c) Staffing levels.
  150         (d) The number of face-to-face contacts with the offender.
  151         (e) Procedures for handling the collection of all offender
  152  fees and restitution.
  153         (f) Procedures for handling indigent offenders which ensure
  154  placement irrespective of ability to pay.
  155         (g) Circumstances under which revocation of an offender’s
  156  probation may be recommended.
  157         (h) Reporting and recordkeeping requirements.
  158         (i) Default and contract termination procedures.
  159         (j) Procedures that aid offenders with job assistance.
  160         (k) Procedures for accessing criminal history records of
  161  probationers.
  163  In addition, the entity shall supply the chief judge’s office
  164  with a quarterly report summarizing the number of offenders
  165  supervised by the private entity, payment of the required
  166  contribution under supervision or rehabilitation, and the number
  167  of offenders for whom supervision or rehabilitation will be
  168  terminated. All records of the entity must be open to inspection
  169  upon the request of the county, the court, the Auditor General,
  170  the Office of Program Policy Analysis and Government
  171  Accountability, or agents thereof.
  172         Section 5. Subsection (6) of section 948.09, Florida
  173  Statutes, is amended to read:
  174         948.09 Payment for cost of supervision and other monetary
  175  obligations.—
  176         (6) The department shall establish a payment plan for all
  177  costs ordered by the courts for collection by the department and
  178  a priority order for payments, except that victim restitution
  179  payments authorized under s. 948.03(1)(e) s. 948.03(1)(f) take
  180  precedence over all other court-ordered payments. The department
  181  is not required to disburse cumulative amounts of less than $10
  182  to individual payees established on this payment plan.
  183         Section 6. This act shall take effect July 1, 2022.