Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 752
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2022           .                                

       The Committee on Criminal Justice (Gainer) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) and subsection
    6  (5) of section 948.01, Florida Statutes, is amended to read:
    7         948.01 When court may place defendant on probation or into
    8  community control.—
    9         (1) Any state court having original jurisdiction of
   10  criminal actions may at a time to be determined by the court,
   11  with or without an adjudication of the guilt of the defendant,
   12  hear and determine the question of the probation of a defendant
   13  in a criminal case, except for an offense punishable by death,
   14  who has been found guilty by the verdict of a jury, has entered
   15  a plea of guilty or a plea of nolo contendere, or has been found
   16  guilty by the court trying the case without a jury.
   17         (a) If the court places the defendant on probation or into
   18  community control for a felony, the department shall provide
   19  immediate supervision by an officer employed in compliance with
   20  the minimum qualifications for officers as provided in s.
   21  943.13. The department may provide supervision to misdemeanor
   22  offenders sentenced or placed on probation by a circuit court,
   23  when so ordered by the sentencing court. A private entity may
   24  not provide probationary or supervision services to felony or
   25  misdemeanor offenders sentenced or placed on probation or other
   26  supervision by the circuit court.
   27         (5) The imposition of sentence may not be suspended and the
   28  defendant thereupon placed on probation or into community
   29  control unless the defendant is placed under the custody of the
   30  department or another public or private entity. A private entity
   31  may not provide probationary or supervision services to felony
   32  or misdemeanor offenders sentenced or placed on probation or
   33  other supervision by the circuit court.
   34         Section 2. Subsections (2) and (3) of section 948.15,
   35  Florida Statutes, are amended to read:
   36         948.15 Misdemeanor probation services.—
   37         (2) A private entity or public entity, including a licensed
   38  substance abuse education and intervention program, under the
   39  supervision of the board of county commissioners or the court
   40  may provide probation services and licensed substance abuse
   41  education and treatment intervention programs for misdemeanor
   42  offenders sentenced or placed on probation by the county court.
   43         (3) Any private entity, including a licensed substance
   44  abuse education and intervention program, providing services for
   45  the supervision of misdemeanor probationers must contract with
   46  the county in which the services are to be rendered. The chief
   47  judge In a county having a population of fewer than 70,000, the
   48  county court judge, or the administrative judge of the county
   49  court in a county that has more than one county court judge,
   50  must approve the contract. Terms of the contract must state, but
   51  are not limited to:
   52         (a) The extent of the services to be rendered by the entity
   53  providing supervision or rehabilitation.
   54         (b) Staff qualifications and criminal record checks of
   55  staff.
   56         (c) Staffing levels.
   57         (d) The number of face-to-face contacts with the offender.
   58         (e) Procedures for handling the collection of all offender
   59  fees and restitution.
   60         (f) Procedures for handling indigent offenders which ensure
   61  placement irrespective of ability to pay.
   62         (g) Circumstances under which revocation of an offender’s
   63  probation may be recommended.
   64         (h) Reporting and recordkeeping requirements.
   65         (i) Default and contract termination procedures.
   66         (j) Procedures that aid offenders with job assistance.
   67         (k) Procedures for accessing criminal history records of
   68  probationers.
   70  In addition, the entity shall supply the chief judge’s office
   71  with a quarterly report summarizing the number of offenders
   72  supervised by the private entity, payment of the required
   73  contribution under supervision or rehabilitation, and the number
   74  of offenders for whom supervision or rehabilitation will be
   75  terminated. All records of the entity must be open to inspection
   76  upon the request of the county, the court, the Auditor General,
   77  the Office of Program Policy Analysis and Government
   78  Accountability, or agents thereof.
   79         Section 3. This act shall take effect July 1, 2022.
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete everything before the enacting clause
   84  and insert:
   85                        A bill to be entitled                      
   86         An act relating to probationary or supervision
   87         services for misdemeanor offenders; amending s.
   88         948.01, F.S.; authorizing the Department of
   89         Corrections to supervise certain misdemeanor
   90         offenders; deleting a prohibition on private entities
   91         providing probationary or supervision services to
   92         certain misdemeanor offenders; amending s. 948.15,
   93         F.S.; authorizing a private or public entity to
   94         provide probation services and other specified
   95         programming to misdemeanor offenders; revising who may
   96         approve specified contracts; providing an effective
   97         date.