Bill Text: FL S0752 | 2022 | Regular Session | Enrolled
Bill Title: Probationary or Supervision Services for Misdemeanor Offenders
Spectrum:
Status: (Passed) 2022-06-06 - Chapter No. 2022-166 [S0752 Detail]
Download: Florida-2022-S0752-Enrolled.html
ENROLLED 2022 Legislature CS for CS for SB 752, 1st Engrossed 2022752er 1 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. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 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 felonyor54misdemeanoroffenders sentenced or placed on probation or other 55 supervisionby 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 61or misdemeanoroffenders sentenced or placed on probation or 62 other supervisionby 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 probationby 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 judgeIn a county having a population of fewer than 70,000, the148county court judge, or the administrative judge of the county149court 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. 169 170 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.