Florida Senate - 2022                              CS for SB 752
       
       
        
       By the Committee on Criminal Justice; and Senators Gainer and
       Pizzo
       
       
       
       
       591-02279-22                                           2022752c1
    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. 948.15,
    9         F.S.; authorizing a private or public entity to
   10         provide probation services and other specified
   11         programming to misdemeanor offenders; revising who may
   12         approve specified contracts; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (a) of subsection (1) and subsection
   18  (5) of section 948.01, Florida Statutes, are amended to read:
   19         948.01 When court may place defendant on probation or into
   20  community control.—
   21         (1) Any state court having original jurisdiction of
   22  criminal actions may at a time to be determined by the court,
   23  with or without an adjudication of the guilt of the defendant,
   24  hear and determine the question of the probation of a defendant
   25  in a criminal case, except for an offense punishable by death,
   26  who has been found guilty by the verdict of a jury, has entered
   27  a plea of guilty or a plea of nolo contendere, or has been found
   28  guilty by the court trying the case without a jury.
   29         (a) If the court places the defendant on probation or into
   30  community control for a felony, the department shall provide
   31  immediate supervision by an officer employed in compliance with
   32  the minimum qualifications for officers as provided in s.
   33  943.13. The department may provide supervision to misdemeanor
   34  offenders sentenced or placed on probation by a circuit court
   35  when so ordered by the sentencing court. A private entity may
   36  not provide probationary or supervision services to felony or
   37  misdemeanor offenders sentenced or placed on probation or other
   38  supervision by the circuit court.
   39         (5) The imposition of sentence may not be suspended and the
   40  defendant thereupon placed on probation or into community
   41  control unless the defendant is placed under the custody of the
   42  department or another public or private entity. A private entity
   43  may not provide probationary or supervision services to felony
   44  or misdemeanor offenders sentenced or placed on probation or
   45  other supervision by the circuit court.
   46         Section 2. Subsections (2) and (3) of section 948.15,
   47  Florida Statutes, are amended to read:
   48         948.15 Misdemeanor probation services.—
   49         (2) A private entity or public entity, including a licensed
   50  substance abuse education and intervention program, under the
   51  supervision of the board of county commissioners or the court
   52  may provide probation services and licensed substance abuse
   53  education and treatment intervention programs for misdemeanor
   54  offenders sentenced or placed on probation by the county court.
   55         (3) Any private entity, including a licensed substance
   56  abuse education and intervention program, providing services for
   57  the supervision of misdemeanor probationers must contract with
   58  the county in which the services are to be rendered. The chief
   59  judge In a county having a population of fewer than 70,000, the
   60  county court judge, or the administrative judge of the county
   61  court in a county that has more than one county court judge,
   62  must approve the contract. Terms of the contract must state, but
   63  are not limited to:
   64         (a) The extent of the services to be rendered by the entity
   65  providing supervision or rehabilitation.
   66         (b) Staff qualifications and criminal record checks of
   67  staff.
   68         (c) Staffing levels.
   69         (d) The number of face-to-face contacts with the offender.
   70         (e) Procedures for handling the collection of all offender
   71  fees and restitution.
   72         (f) Procedures for handling indigent offenders which ensure
   73  placement irrespective of ability to pay.
   74         (g) Circumstances under which revocation of an offender’s
   75  probation may be recommended.
   76         (h) Reporting and recordkeeping requirements.
   77         (i) Default and contract termination procedures.
   78         (j) Procedures that aid offenders with job assistance.
   79         (k) Procedures for accessing criminal history records of
   80  probationers.
   81  
   82  In addition, the entity shall supply the chief judge’s office
   83  with a quarterly report summarizing the number of offenders
   84  supervised by the private entity, payment of the required
   85  contribution under supervision or rehabilitation, and the number
   86  of offenders for whom supervision or rehabilitation will be
   87  terminated. All records of the entity must be open to inspection
   88  upon the request of the county, the court, the Auditor General,
   89  the Office of Program Policy Analysis and Government
   90  Accountability, or agents thereof.
   91         Section 3. This act shall take effect July 1, 2022.