Florida 2022 Regular Session

Florida House Bill H0387 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 387 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0387-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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14	14	A bill to be entitled 1
15	15	An act relating to probationary or supervision 2
16	16	services for misdemeanor offenders; amending s. 3
17	17	948.01, F.S.; authorizing the Department of 4
18	18	Corrections to supervise certain misdemeanor 5
19	19	offenders; removing a prohibition on private entities 6
20	20	from providing probationary or supervision services to 7
21	21	certain misdemeanor offenders; amending s. 948.15, 8
22	22	F.S.; authorizing a private or public entity to 9
23	23	provide probation services and other specified 10
24	24	programming to misdemeanor offenders; revising who may 11
25	25	approve specified contracts; providing an effective 12
26	26	date. 13
27	27	14
28	28	Be It Enacted by the Legislature of the State of Florida: 15
29	29	16
30	30	Section 1. Paragraph (a) of sub section (1) and subsection 17
31	31	(5) of section 948.01, Florida Statutes, are amended to read: 18
32	32	948.01 When court may place defendant on probation or into 19
33	33	community control.— 20
34	34	(1) Any state court having original jurisdiction of 21
35	35	criminal actions may at a time t o be determined by the court, 22
36	36	with or without an adjudication of the guilt of the defendant, 23
37	37	hear and determine the question of the probation of a defendant 24
38	38	in a criminal case, except for an offense punishable by death, 25
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40	40	HB 387 2022
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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49	49
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51	51	who has been found guilty by the ver dict of a jury, has entered 26
52	52	a plea of guilty or a plea of nolo contendere, or has been found 27
53	53	guilty by the court trying the case without a jury. 28
54	54	(a) If the court places the defendant on probation or into 29
55	55	community control for a felony, the department sha ll provide 30
56	56	immediate supervision by an officer employed in compliance with 31
57	57	the minimum qualifications for officers as provided in s. 32
58	58	943.13. The department may provide supervision to misdemeanor 33
59	59	offenders sentenced or placed on probation by a circuit court , 34
60	60	when so ordered by the sentencing court. A private entity may 35
61	61	not provide probationary or supervision services to felony or 36
62	62	misdemeanor offenders sentenced or placed on probation or other 37
63	63	supervision by the circuit court . 38
64	64	(5) The imposition of sentence may not be suspended and 39
65	65	the defendant thereupon placed on probation or into community 40
66	66	control unless the defendant is placed under the custody of the 41
67	67	department or another public or private entity. A private entity 42
68	68	may not provide probationary or supervi sion services to felony 43
69	69	or misdemeanor offenders sentenced or placed on probation or 44
70	70	other supervision by the circuit court . 45
71	71	Section 2. Subsections (2) and (3) of section 948.15, 46
72	72	Florida Statutes, are amended to read: 47
73	73	948.15 Misdemeanor probation ser vices.— 48
74	74	(2) A private entity or public entity, including a 49
75	75	licensed substance abuse education and intervention program, 50
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77	77	HB 387 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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88	88	under the supervision of the board of county commissioners or 51
89	89	the court may provide probation services and licensed substance 52
90	90	abuse education and treatment intervention programs for 53
91	91	misdemeanor offenders sentenced or placed on probation by the 54
92	92	county court. 55
93	93	(3) Any private entity, including a licensed substance 56
94	94	abuse education and intervention program, providing services for 57
95	95	the supervision of misdemeanor probationers must contract with 58
96	96	the county in which the services are to be rendered. The chief 59
97	97	In a county having a population of fewer than 70,000, the county 60
98	98	court judge, or the administrative judge of the county court in 61
99	99	a county that has more than one county court judge, must approve 62
100	100	the contract. Terms of the contract must state, but are not 63
101	101	limited to: 64
102	102	(a) The extent of the services to be rendered by the 65
103	103	entity providing supervision or rehabilitation. 66
104	104	(b) Staff qualifications and criminal record checks of 67
105	105	staff. 68
106	106	(c) Staffing levels. 69
107	107	(d) The number of face -to-face contacts with the offender. 70
108	108	(e) Procedures for handling the collection of all offender 71
109	109	fees and restitution. 72
110	110	(f) Procedures for handling indigent offenders which 73
111	111	ensure placement irrespective of ability to pay. 74
112	112	(g) Circumstances under which revocation of an offender's 75
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114	114	HB 387 2022
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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125	125	probation may be recommended. 76
126	126	(h) Reporting and recordkeeping requirements. 77
127	127	(i) Default and contract termination procedures. 78
128	128	(j) Procedures that aid offenders with job assistance. 79
129	129	(k) Procedures for accessing criminal history records of 80
130	130	probationers. 81
131	131	82
132	132	In addition, the entity shall supply the chief judge's office 83
133	133	with a quarterly report sum marizing the number of offenders 84
134	134	supervised by the private entity, payment of the required 85
135	135	contribution under supervision or rehabilitation, and the number 86
136	136	of offenders for whom supervision or rehabilitation will be 87
137	137	terminated. All records of the entity mu st be open to inspection 88
138	138	upon the request of the county, the court, the Auditor General, 89
139	139	the Office of Program Policy Analysis and Government 90
140	140	Accountability, or agents thereof. 91
141	141	Section 3. This act shall take effect July 1, 2022. 92