Bill Text: FL S2350 | 2010 | Regular Session | Comm Sub

---

Bill Title: Criminal Justice [SPSC]

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-28 - Placed on Special Order Calendar; Read 2nd time -SJ 00951; Substituted HB 7035 -SJ 00951; Laid on Table, companion bill(s) passed, see HB 7035 (Ch. 2010-113), CS/CS/HB 1005 (Ch. 2010-64) -SJ 00951 [S2350 Detail]

Download: Florida-2010-S2350-Comm_Sub.html

---

 
Florida Senate - 2010                             CS for SB 2350 
 
By the Committee on Criminal Justice; and Senator Dockery 
591-03790-10                                          20102350c1 
1                        A bill to be entitled 
2         An act relating to criminal justice; repealing s. 
3         16.07, F.S., relating to a prohibition on the Attorney 
4         General collecting any fee for defending any supposed 
5         offender; repealing s. 30.11, F.S., relating to a 
6         sheriff’s or deputy’s required place of residence; 
7         amending ss. 384.34 and 796.08, F.S.; removing 
8         references to conform to changes made by the act; 
9         amending s. 775.0877, F.S.; removing penalty 
10         provisions relating to criminal transmission of HIV; 
11         amending s. 893.13, F.S.; removing penalty provisions 
12         relating to obsolete community residential drug 
13         punishment centers; amending s. 921.187, F.S.; 
14         removing sentencing provisions relating to community 
15         residential drug punishment centers and quarantine of 
16         offenders convicted of criminal transmission of HIV; 
17         repealing s. 944.293, F.S., relating to initiation of 
18         restoration of civil rights; amending s. 948.001, 
19         F.S.; removing the definition of the term “criminal 
20         quarantine community control”; repealing s. 948.034, 
21         F.S., relating to community residential drug 
22         punishment centers; repealing s. 948.0345, F.S., 
23         relating to community service alternative to fines; 
24         amending s. 948.04, F.S.; removing a reference to 
25         conform to changes made by the act; amending ss. 
26         948.101 and 948.11, F.S.; removing references to 
27         criminal quarantine community control; repealing s. 
28         957.125, F.S., relating to authorization for the 
29         Correctional Privatization Commission to contract for 
30         youthful offender correctional facilities; repealing 
31         s. 985.4891, F.S., relating to sheriff’s training and 
32         respect programs; amending ss. 958.046, 985.445, 
33         985.47, 985.483, 985.494, and 985.645, F.S.; 
34         conforming provisions to the repeal of s. 985.4891, 
35         F.S.; providing an effective date. 
36 
37  Be It Enacted by the Legislature of the State of Florida: 
38 
39         Section 1. Section 16.07, Florida Statutes, is repealed. 
40         Section 2. Section 30.11, Florida Statutes, is repealed. 
41         Section 3. Subsection (5) of section 384.34, Florida 
42  Statutes, is amended to read: 
43         384.34 Penalties.— 
44         (5) Any person who violates the provisions of s. 384.24(2) 
45  commits a felony of the third degree, punishable as provided in 
46  s. ss. 775.082, s. 775.083, or s. 775.084, and 775.0877(7). Any 
47  person who commits multiple violations of the provisions of s. 
48  384.24(2) commits a felony of the first degree, punishable as 
49  provided in s. ss. 775.082, s. 775.083, or s. 775.084, and 
50  775.0877(7). 
51         Section 4. Subsections (3) and (7) of section 775.0877, 
52  Florida Statutes, are amended to read: 
53         775.0877 Criminal transmission of HIV; procedures; 
54  penalties.— 
55         (3) An offender who has undergone HIV testing pursuant to 
56  subsection (1), and to whom positive test results have been 
57  disclosed pursuant to subsection (2), who commits a second or 
58  subsequent offense enumerated in paragraphs (1)(a)-(n), commits 
59  criminal transmission of HIV, a felony of the third degree, 
60  punishable as provided in s. 775.082, s. 775.083, or s. 775.084 
61  subsection (7). A person may be convicted and sentenced 
62  separately for a violation of this subsection and for the 
63  underlying crime enumerated in paragraphs (1)(a)-(n). 
64         (7) In addition to any other penalty provided by law for an 
65  offense enumerated in paragraphs (1)(a)-(n), the court may 
66  require an offender convicted of criminal transmission of HIV to 
67  serve a term of criminal quarantine community control, as 
68  described in s. 948.001. 
69         Section 5. Subsection (5) of section 796.08, Florida 
70  Statutes, is amended to read: 
71         796.08 Screening for HIV and sexually transmissible 
72  diseases; providing penalties.— 
73         (5) A person who: 
74         (a) Commits or offers to commit prostitution; or 
75         (b) Procures another for prostitution by engaging in sexual 
76  activity in a manner likely to transmit the human 
77  immunodeficiency virus, and who, prior to the commission of such 
78  crime, had tested positive for human immunodeficiency virus and 
79  knew or had been informed that he or she had tested positive for 
80  human immunodeficiency virus and could possibly communicate such 
81  disease to another person through sexual activity commits 
82  criminal transmission of HIV, a felony of the third degree, 
83  punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 
84  or s. 775.0877(7). A person may be convicted and sentenced 
85  separately for a violation of this subsection and for the 
86  underlying crime of prostitution or procurement of prostitution. 
87         Section 6. Subsections (10), (11), and (12) of section 
88  893.13, Florida Statutes, are amended to read: 
89         893.13 Prohibited acts; penalties.— 
90         (10) Notwithstanding any provision of the sentencing 
91  guidelines or the Criminal Punishment Code to the contrary, on 
92  or after October 1, 1993, any defendant who: 
93         (a) Violates subparagraph (1)(a)1., subparagraph (1)(c)2., 
94  subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph 
95  (5)(a); and 
96         (b) Has not previously been convicted, regardless of 
97  whether adjudication was withheld, of any felony, other than a 
98  violation of subparagraph (1)(a)1., subparagraph (1)(c)2., 
99  subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph 
100  (5)(a), 
101 
102  may be required by the court to successfully complete a term of 
103  probation pursuant to the terms and conditions set forth in s. 
104  948.034(1), in lieu of serving a term of imprisonment. 
105         (11) Notwithstanding any provision of the sentencing 
106  guidelines or the Criminal Punishment Code to the contrary, on 
107  or after January 1, 1994, any defendant who: 
108         (a) Violates subparagraph (1)(a)2., subparagraph (2)(a)2., 
109  paragraph (5)(b), or paragraph (6)(a); and 
110         (b) Has not previously been convicted, regardless of 
111  whether adjudication was withheld, of any felony, other than a 
112  violation of subparagraph (1)(a)2., subparagraph (2)(a)2., 
113  paragraph (5)(b), or paragraph (6)(a), 
114 
115  may be required by the court to successfully complete a term of 
116  probation pursuant to the terms and conditions set forth in s. 
117  948.034(2), in lieu of serving a term of imprisonment. 
118         (10)(12) If a person violates any provision of this chapter 
119  and the violation results in a serious injury to a state or 
120  local law enforcement officer as defined in s. 943.10, 
121  firefighter as defined in s. 633.30, emergency medical 
122  technician as defined in s. 401.23, paramedic as defined in s. 
123  401.23, employee of a public utility or an electric utility as 
124  defined in s. 366.02, animal control officer as defined in s. 
125  828.27, volunteer firefighter engaged by state or local 
126  government, law enforcement officer employed by the Federal 
127  Government, or any other local, state, or Federal Government 
128  employee injured during the course and scope of his or her 
129  employment, the person commits a felony of the third degree, 
130  punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
131  If the injury sustained results in death or great bodily harm, 
132  the person commits a felony of the second degree, punishable as 
133  provided in s. 775.082, s. 775.083, or s. 775.084. 
134         Section 7. Section 921.187, Florida Statutes, is amended to 
135  read: 
136         921.187 Disposition and sentencing; alternatives; 
137  restitution.— 
138         (1) The alternatives provided in this section for the 
139  disposition of criminal cases shall be used in a manner that 
140  will best serve the needs of society, punish criminal offenders, 
141  and provide the opportunity for rehabilitation. 
142         (a) If the offender does not receive a state prison 
143  sentence, the court may: 
144         (a)1. Impose a split sentence whereby the offender is to be 
145  placed on probation upon completion of any specified period of 
146  such sentence, which period may include a term of years or less. 
147         (b)2. Make any other disposition that is authorized by law. 
148         (c)3. Place the offender on probation with or without an 
149  adjudication of guilt pursuant to s. 948.01. 
150         (d)4. Impose a fine and probation pursuant to s. 948.011 
151  when the offense is punishable by both a fine and imprisonment 
152  and probation is authorized. 
153         (e)5. Place the offender into community control requiring 
154  intensive supervision and surveillance pursuant to chapter 948. 
155         (f)6. Impose, as a condition of probation or community 
156  control, a period of treatment which shall be restricted to a 
157  county facility, a Department of Corrections probation and 
158  restitution center, a probation program drug punishment 
159  treatment community, or a community residential or 
160  nonresidential facility, excluding a community correctional 
161  center as defined in s. 944.026, which is owned and operated by 
162  any qualified public or private entity providing such services. 
163  Before admission to such a facility, the court shall obtain an 
164  individual assessment and recommendations on the appropriate 
165  treatment needs, which shall be considered by the court in 
166  ordering such placements. Placement in such a facility, except 
167  for a county residential probation facility, may not exceed 364 
168  days. Placement in a county residential probation facility may 
169  not exceed 3 years. Early termination of placement may be 
170  recommended to the court, when appropriate, by the center 
171  supervisor, the supervising probation officer, or the probation 
172  program manager. 
173         (g)7. Sentence the offender pursuant to s. 922.051 to 
174  imprisonment in a county jail when a statute directs 
175  imprisonment in a state prison, if the offender’s cumulative 
176  sentence, whether from the same circuit or from separate 
177  circuits, is not more than 364 days. 
178         (h)8. Sentence the offender who is to be punished by 
179  imprisonment in a county jail to a jail in another county if 
180  there is no jail within the county suitable for such prisoner 
181  pursuant to s. 950.01. 
182         (i)9. Require the offender to participate in a work-release 
183  or educational or technical training program pursuant to s. 
184  951.24 while serving a sentence in a county jail, if such a 
185  program is available. 
186         (j)10. Require the offender to perform a specified public 
187  service pursuant to s. 775.091. 
188         (k)11. Require the offender who violates chapter 893 or 
189  violates any law while under the influence of a controlled 
190  substance or alcohol to participate in a substance abuse 
191  program. 
192         (l)1.12.a. Require the offender who violates any criminal 
193  provision of chapter 893 to pay an additional assessment in an 
194  amount up to the amount of any fine imposed, pursuant to ss. 
195  938.21 and 938.23. 
196         2.b. Require the offender who violates any provision of s. 
197  893.13 to pay an additional assessment in an amount of $100, 
198  pursuant to ss. 938.25 and 943.361. 
199         (m)13. Impose a split sentence whereby the offender is to 
200  be placed in a county jail or county work camp upon the 
201  completion of any specified term of community supervision. 
202         (n)14. Impose split probation whereby upon satisfactory 
203  completion of half the term of probation, the Department of 
204  Corrections may place the offender on administrative probation 
205  pursuant to s. 948.013 for the remainder of the term of 
206  supervision. 
207         (o)15. Require residence in a state probation and 
208  restitution center or private drug treatment program for 
209  offenders on community control or offenders who have violated 
210  conditions of probation. 
211         (p)16. Impose any other sanction which is provided within 
212  the community and approved as an intermediate sanction by the 
213  county public safety coordinating council as described in s. 
214  951.26. 
215         (q)17. Impose, as a condition of community control, 
216  probation, or probation following incarceration, a requirement 
217  that an offender who has not obtained a high school diploma or 
218  high school equivalency diploma or who lacks basic or functional 
219  literacy skills, upon acceptance by an adult education program, 
220  make a good faith effort toward completion of such basic or 
221  functional literacy skills or high school equivalency diploma, 
222  as defined in s. 1003.435, in accordance with the assessed adult 
223  general education needs of the individual offender. 
224         (b)1. Notwithstanding any provision of former s. 921.001 or 
225  s. 921.002 to the contrary, on or after October 1, 1993, the 
226  court may require any defendant who violates s. 893.13(1)(a)1., 
227  (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria 
228  described in s. 893.13(10), to successfully complete a term of 
229  probation pursuant to the terms and conditions set forth in s. 
230  948.034(1), in lieu of serving a term of imprisonment. 
231         2. Notwithstanding any provision of former s. 921.001 or s. 
232  921.002 to the contrary, on or after October 1, 1993, the court 
233  may require any defendant who violates s. 893.13(1)(a)2., 
234  (2)(a)2., (5)(b), or (6)(a), and meets the criteria described in 
235  s. 893.13(11), to successfully complete a term of probation 
236  pursuant to the terms and conditions set forth in s. 948.034(2), 
237  in lieu of serving a term of imprisonment. 
238         (2) In addition to any other penalty provided by law for an 
239  offense enumerated in s. 775.0877(1)(a)-(n), if the offender is 
240  convicted of criminal transmission of HIV pursuant to s. 
241  775.0877, the court may sentence the offender to criminal 
242  quarantine community control as described in s. 948.001. 
243         (2)(3) The court shall require an offender to make 
244  restitution under s. 775.089, unless the court finds clear and 
245  compelling reasons not to order such restitution. If the court 
246  does not order restitution, or orders restitution of only a 
247  portion of the damages, as provided in s. 775.089, the court 
248  shall state the reasons on the record in detail. An order 
249  requiring an offender to make restitution to a victim under s. 
250  775.089 does not remove or diminish the requirement that the 
251  court order payment to the Crimes Compensation Trust Fund under 
252  chapter 960. 
253         Section 8. Section 944.293, Florida Statutes, is repealed. 
254         Section 9. Subsections (4) through (10) of section 948.001, 
255  Florida Statutes, are redesignated as subsections (3) through 
256  (9), respectively, and subsection (3) of that section is amended 
257  to read: 
258         948.001 Definitions.—As used in this chapter, the term: 
259         (3) “Criminal quarantine community control” means intensive 
260  supervision, by officers with restricted caseloads, with a 
261  condition of 24-hour-per-day electronic monitoring, and a 
262  condition of confinement to a designated residence during 
263  designated hours. 
264         Section 10. Section 948.034, Florida Statutes, is repealed. 
265         Section 11. Section 948.0345, Florida Statutes, is 
266  repealed. 
267         Section 12. Subsection (1) of section 948.04, Florida 
268  Statutes, is amended to read: 
269         948.04 Period of probation; duty of probationer; early 
270  termination.— 
271         (1) Defendants found guilty of felonies who are placed on 
272  probation shall be under supervision not to exceed 2 years 
273  unless otherwise specified by the court. No defendant placed on 
274  probation pursuant to s. 948.012(1) or s. 948.034 is subject to 
275  the probation limitations of this subsection. A defendant who is 
276  placed on probation or community control for a violation of 
277  chapter 794 or chapter 827 is subject to the maximum level of 
278  supervision provided by the supervising agency, and that 
279  supervision shall continue through the full term of the court 
280  imposed probation or community control. 
281         Section 13. Section 948.101, Florida Statutes, is amended 
282  to read: 
283         948.101 Terms and conditions of community control and 
284  criminal quarantine community control.— 
285         (1) The court shall determine the terms and conditions of 
286  community control. Conditions specified in this subsection do 
287  not require oral pronouncement at the time of sentencing and may 
288  be considered standard conditions of community control. 
289         (a) The court shall require intensive supervision and 
290  surveillance for an offender placed into community control, 
291  which may include but is not limited to: 
292         (a)1. Specified contact with the parole and probation 
293  officer. 
294         (b)2. Confinement to an agreed-upon residence during hours 
295  away from employment and public service activities. 
296         (c)3. Mandatory public service. 
297         (d)4. Supervision by the Department of Corrections by means 
298  of an electronic monitoring device or system. 
299         (e)5. The standard conditions of probation set forth in s. 
300  948.03. 
301         (b) For an offender placed on criminal quarantine community 
302  control, the court shall require: 
303         1. Electronic monitoring 24 hours per day. 
304         2. Confinement to a designated residence during designated 
305  hours. 
306         (2) The enumeration of specific kinds of terms and 
307  conditions does not prevent the court from adding thereto any 
308  other terms or conditions that the court considers proper. 
309  However, the sentencing court may only impose a condition of 
310  supervision allowing an offender convicted of s. 794.011, s. 
311  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in 
312  another state if the order stipulates that it is contingent upon 
313  the approval of the receiving state interstate compact 
314  authority. The court may rescind or modify at any time the terms 
315  and conditions theretofore imposed by it upon the offender in 
316  community control. However, if the court withholds adjudication 
317  of guilt or imposes a period of incarceration as a condition of 
318  community control, the period may not exceed 364 days, and 
319  incarceration shall be restricted to a county facility, a 
320  probation and restitution center under the jurisdiction of the 
321  Department of Corrections, a probation program drug punishment 
322  phase I secure residential treatment institution, or a community 
323  residential facility owned or operated by any entity providing 
324  such services. 
325         (3) The court may place a defendant who is being sentenced 
326  for criminal transmission of HIV in violation of s. 775.0877 on 
327  criminal quarantine community control. The Department of 
328  Corrections shall develop and administer a criminal quarantine 
329  community control program emphasizing intensive supervision with 
330  24-hour-per-day electronic monitoring. Criminal quarantine 
331  community control status must include surveillance and may 
332  include other measures normally associated with community 
333  control, except that specific conditions necessary to monitor 
334  this population may be ordered. 
335         Section 14. Subsection (1) of section 948.11, Florida 
336  Statutes, is amended to read: 
337         948.11 Electronic monitoring devices.— 
338         (1)(a) The Department of Corrections may, at its 
339  discretion, electronically monitor an offender sentenced to 
340  community control. 
341         (b) The Department of Corrections shall electronically 
342  monitor an offender sentenced to criminal quarantine community 
343  control 24 hours per day. 
344         Section 15. Section 957.125, Florida Statutes, is repealed. 
345         Section 16. Section 985.4891, Florida Statutes, is 
346  repealed. 
347         Section 17. Section 958.046, Florida Statutes, is amended 
348  to read: 
349         958.046 Placement in county-operated boot camp programs for 
350  youthful offenders.—In counties where there are county-operated 
351  youthful offender boot camp programs, other than boot camps 
352  described in s. 958.04 or sheriff’s training and respect 
353  programs in s. 985.4891, the court may sentence a youthful 
354  offender to such a boot camp. In county-operated youthful 
355  offender boot camp programs, juvenile offenders shall not be 
356  commingled with youthful offenders. 
357         Section 18. Section 985.445, Florida Statutes, is amended 
358  to read: 
359         985.445 Cases involving grand theft of a motor vehicle.—If 
360  the offense committed by the child was grand theft of a motor 
361  vehicle, the court: 
362         (1) Upon a first adjudication for a grand theft of a motor 
363  vehicle, may place the child in a sheriff’s training and respect 
364  program, unless the child is ineligible under s. 985.4891, and 
365  shall order the child to complete a minimum of 50 hours of 
366  community service. 
367         (2) Upon a second adjudication for grand theft of a motor 
368  vehicle which is separate and unrelated to the previous 
369  adjudication, may place the child in a sheriff’s training and 
370  respect program, unless the child is ineligible under s. 
371  985.4891, and shall order the child to complete a minimum of 100 
372  hours of community service. 
373         (3) Upon a third adjudication for grand theft of a motor 
374  vehicle which is separate and unrelated to the previous 
375  adjudications, shall place the child in a sheriff’s training and 
376  respect program or other treatment program, unless the child is 
377  ineligible under s. 985.4891, and shall order the child to 
378  complete a minimum of 250 hours of community service. 
379         Section 19. Paragraph (a) of subsection (6) of section 
380  985.47, Florida Statutes, is amended to read: 
381         985.47 Serious or habitual juvenile offender.— 
382         (6) ACTION ON RECOMMENDATIONS.—The treatment and placement 
383  recommendations shall be submitted to the court for further 
384  action under this subsection: 
385         (a) If it is recommended that placement in a serious or 
386  habitual juvenile offender program or facility is inappropriate, 
387  the court shall make an alternative disposition under s. 
388  985.4891 or other alternative sentencing as applicable, using 
389  the recommendation as a guide. 
390         Section 20. Paragraph (a) of subsection (6) of section 
391  985.483, Florida Statutes, is amended to read: 
392         985.483 Intensive residential treatment program for 
393  offenders less than 13 years of age.— 
394         (6) ACTION ON RECOMMENDATIONS.—The treatment and placement 
395  recommendations shall be submitted to the court for further 
396  action under this subsection: 
397         (a) If it is recommended that placement in an intensive 
398  residential treatment program for offenders less than 13 years 
399  of age is inappropriate, the court shall make an alternative 
400  disposition under s. 985.4891 or other alternative sentencing as 
401  applicable, using the recommendation as a guide. 
402         Section 21. Subsection (1) of section 985.494, Florida 
403  Statutes, is amended to read: 
404         985.494 Commitment programs for juvenile felony offenders.— 
405         (1) Notwithstanding any other law and regardless of the 
406  child’s age, a child who is adjudicated delinquent, or for whom 
407  adjudication is withheld, for an act that would be a felony if 
408  committed by an adult, shall be committed to: 
409         (a) A sheriff’s training and respect program under s. 
410  985.4891 if the child has participated in an early delinquency 
411  intervention program as provided in s. 985.61. 
412         (a)(b) A program for serious or habitual juvenile offenders 
413  under s. 985.47 or an intensive residential treatment program 
414  for offenders less than 13 years of age under s. 985.483, if the 
415  child has participated in an early delinquency intervention 
416  program and has completed a sheriff’s training and respect 
417  program. 
418         (b)(c) A maximum-risk residential program, if the child has 
419  participated in an early delinquency intervention program, has 
420  completed a sheriff’s training and respect program, and has 
421  completed a program for serious or habitual juvenile offenders 
422  or an intensive residential treatment program for offenders less 
423  than 13 years of age. The commitment of a child to a maximum 
424  risk residential program must be for an indeterminate period, 
425  but may not exceed the maximum term of imprisonment that an 
426  adult may serve for the same offense. 
427         Section 22. Paragraph (d) of subsection (2) of section 
428  985.645, Florida Statutes, is amended to read: 
429         985.645 Protective action response.— 
430         (2) The department shall adopt rules under ss. 120.536(1) 
431  and 120.54 that: 
432         (d) Except as provided in s. 985.4891(9) for specified 
433  certified officers, Require each employee who was not certified 
434  by the department in protective action response prior to July 1, 
435  2006, to receive his or her protective action response 
436  certification by September 30, 2006, or within 90 calendar days 
437  following his or her date of hire, whichever date is later. 
438         Section 23. This act shall take effect July 1, 2010.