CS for CS for SB 752                             First Engrossed
    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 the department and county
   13         probation authorities or entities to adopt and make
   14         available remote probation reporting policies under
   15         certain circumstances; amending s. 948.05, F.S.;
   16         requiring the department to reduce a probationer’s or
   17         offender’s supervision term by a specified amount of
   18         time for completing an educational advancement
   19         activity; defining the term “educational advancement
   20         activity”; requiring the department to incentivize
   21         stable employment by reducing a probationer’s or
   22         offender’s term of supervision by a specified amount
   23         of time for each period of workforce achievement;
   24         defining the term “workforce achievement”; requiring
   25         the department to verify such employment; amending s.
   26         948.15, F.S.; authorizing a private or public entity
   27         to provide probation services and other specified
   28         programming to misdemeanor offenders; revising who
   29         must approve specified contracts; providing an
   30         effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Paragraph (a) of subsection (1) and subsection
   35  (5) of section 948.01, Florida Statutes, are amended to read:
   36         948.01 When court may place defendant on probation or into
   37  community control.—
   38         (1) Any state court having original jurisdiction of
   39  criminal actions may at a time to be determined by the court,
   40  with or without an adjudication of the guilt of the defendant,
   41  hear and determine the question of the probation of a defendant
   42  in a criminal case, except for an offense punishable by death,
   43  who has been found guilty by the verdict of a jury, has entered
   44  a plea of guilty or a plea of nolo contendere, or has been found
   45  guilty by the court trying the case without a jury.
   46         (a) If the court places the defendant on probation or into
   47  community control for a felony, the department shall provide
   48  immediate supervision by an officer employed in compliance with
   49  the minimum qualifications for officers as provided in s.
   50  943.13. The department may provide supervision to misdemeanor
   51  offenders sentenced or placed on probation by a circuit court
   52  when so ordered by the sentencing court. A private entity may
   53  not provide probationary or supervision services to felony or
   54  misdemeanor offenders sentenced or placed on probation or other
   55  supervision by the circuit court.
   56         (5) The imposition of sentence may not be suspended and the
   57  defendant thereupon placed on probation or into community
   58  control unless the defendant is placed under the custody of the
   59  department or another public or private entity. A private entity
   60  may not provide probationary or supervision services to felony
   61  or misdemeanor offenders sentenced or placed on probation or
   62  other supervision by the circuit court.
   63         Section 2. Paragraphs (a) of subsection (1) of section
   64  948.03, Florida Statutes, is amended to read:
   65         948.03 Terms and conditions of probation.—
   66         (1) The court shall determine the terms and conditions of
   67  probation. Conditions specified in this section do not require
   68  oral pronouncement at the time of sentencing and may be
   69  considered standard conditions of probation. These conditions
   70  may include among them the following, that the probationer or
   71  offender in community control shall:
   72         (a) Report to the probation officer as directed. Such
   73  reporting requirements may be fulfilled through remote reporting
   74  if approved by the relevant probation officer, relevant county
   75  probation authority or entity, or the Department of Corrections
   76  and if the court has not excluded the possibility of remote
   77  reporting by the defendant in his or her order of probation. If
   78  the Department of Corrections or a county probation authority or
   79  entity elects to authorize remote reporting, it must adopt and
   80  make available remote probation reporting policies.
   81         Section 3. Subsection (2) of section 948.05, Florida
   82  Statutes, is amended to read:
   83         948.05 Court to admonish or commend probationer or offender
   84  in community control; graduated incentives.—
   85         (2) The department shall implement a system of graduated
   86  incentives to promote compliance with the terms of supervision,
   87  encourage educational achievement and stable employment, and
   88  prioritize the highest levels of supervision for probationers or
   89  offenders presenting the greatest risk of recidivism.
   90         (a) As part of the graduated incentives system, the
   91  department may, without leave of court, offer the following
   92  incentives to a compliant probationer or offender in community
   93  control:
   94         1. Up to 25 percent reduction of required community service
   95  hours;
   96         2. Waiver of supervision fees;
   97         3. Reduction in frequency of reporting;
   98         4. Permission to report by mail or telephone; or
   99         5. Transfer of an eligible offender to administrative
  100  probation as authorized under s. 948.013.
  101         (b) The department may also incentivize positive behavior
  102  and compliance with recommendations to the court to modify the
  103  terms of supervision, including recommending:
  104         1. Permission to travel;
  105         2. Reduction of supervision type;
  106         3. Modification or cessation of curfew;
  107         4. Reduction or cessation of substance abuse testing; or
  108         5. Early termination of supervision.
  109         (c) The department shall, without leave of court,
  110  incentivize educational achievement by awarding a compliant
  111  probationer or offender in community control with a 60-day
  112  reduction of his or her term of supervision for each educational
  113  advancement activity he or she completes during the term of
  114  supervision. As used in this paragraph, the term “educational
  115  advancement activity” means a high school equivalency degree, an
  116  academic degree, or a vocational certificate.
  117         (d) The department shall, without leave of court,
  118  incentivize stable employment by awarding a compliant
  119  probationer or offender in community control a 30-day reduction
  120  of his or her term of supervision for each period of workforce
  121  achievement he or she completes during the term of supervision.
  122  As used in this paragraph, the term “workforce achievement”
  123  means continuous and verifiable full-time employment, for at
  124  least 30 hours per week for a 6-month period, for which the
  125  probationer or offender earns a wage. The department shall
  126  verify such employment through supporting documentation, which
  127  may include, but need not be limited to, any record, letter, pay
  128  stub, contract, or other department-approved method of
  129  verification.
  130         (e)(c) A probationer or offender who commits a subsequent
  131  violation of probation may forfeit any previously earned
  132  probation incentive, as determined appropriate by his or her
  133  probation officer.
  134         Section 4. Subsections (2) and (3) of section 948.15,
  135  Florida Statutes, are amended to read:
  136         948.15 Misdemeanor probation services.—
  137         (2) A private entity or public entity, including a licensed
  138  substance abuse education and intervention program, under the
  139  supervision of the board of county commissioners or the court
  140  may provide probation services and licensed substance abuse
  141  education and treatment intervention programs for misdemeanor
  142  offenders sentenced or placed on probation by the county court.
  143         (3) Any private entity, including a licensed substance
  144  abuse education and intervention program, providing services for
  145  the supervision of misdemeanor probationers must contract with
  146  the county in which the services are to be rendered. The chief
  147  judge In a county having a population of fewer than 70,000, the
  148  county court judge, or the administrative judge of the county
  149  court in a county that has more than one county court judge,
  150  must approve the contract. Terms of the contract must state, but
  151  are not limited to:
  152         (a) The extent of the services to be rendered by the entity
  153  providing supervision or rehabilitation.
  154         (b) Staff qualifications and criminal record checks of
  155  staff.
  156         (c) Staffing levels.
  157         (d) The number of face-to-face contacts with the offender.
  158         (e) Procedures for handling the collection of all offender
  159  fees and restitution.
  160         (f) Procedures for handling indigent offenders which ensure
  161  placement irrespective of ability to pay.
  162         (g) Circumstances under which revocation of an offender’s
  163  probation may be recommended.
  164         (h) Reporting and recordkeeping requirements.
  165         (i) Default and contract termination procedures.
  166         (j) Procedures that aid offenders with job assistance.
  167         (k) Procedures for accessing criminal history records of
  168  probationers.
  170  In addition, the entity shall supply the chief judge’s office
  171  with a quarterly report summarizing the number of offenders
  172  supervised by the private entity, payment of the required
  173  contribution under supervision or rehabilitation, and the number
  174  of offenders for whom supervision or rehabilitation will be
  175  terminated. All records of the entity must be open to inspection
  176  upon the request of the county, the court, the Auditor General,
  177  the Office of Program Policy Analysis and Government
  178  Accountability, or agents thereof.
  179         Section 5. This act shall take effect July 1, 2022.