FL
Florida House Bill H1037

Florida 2022 Regular Session

Florida House Bill H1037 Compare Versions

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1010 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 V E S
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1414 A bill to be entitled 1
15-An act relating to education and employment incentives 2
16-for probationers; amending s. 948.05, F.S.; requiring 3
17-the Department of Corrections to reduce a 4
18-probationer's supervision term by a specified amount 5
19-for completing an educational advancement activity; 6
20-providing definitions; requiring the department to 7
21-reduce a probationer's supervision term by a specified 8
22-amount for completing a specified period of w orkforce 9
23-achievement; requiring the department to verify 10
24-employment with specified documentation; providing an 11
25-effective date. 12
26- 13
27-Be It Enacted by the Legislature of the State of Florida: 14
28- 15
29- Section 1. Subsection (2) of section 948.05, Florida 16
30-Statutes, is amended to read: 17
31- 948.05 Court to admonish or commend probationer or 18
32-offender in community control; graduated incentives. — 19
33- (2) The department shall implement a system of graduated 20
34-incentives to promote compliance with the terms of supervision , 21
35-encourage educational achievement and stable employment, and 22
36-prioritize the highest levels of supervision for probationers or 23
37-offenders presenting the greatest risk of recidivism. 24
38- (a) As part of the graduated incentives system, the 25
15+An act relating to education incentives for 2
16+probationers; amending s. 948.05, F.S.; requiring the 3
17+Department of Corrections to reduce a probationer's 4
18+supervision term by a specified amount for completing 5
19+an educational advancement activity; providing a 6
20+definition; providing an effective date. 7
21+ 8
22+Be It Enacted by the Legislature of the State of Florida: 9
23+ 10
24+ Section 1. Subsection (2) of section 948.05, Florida 11
25+Statutes, is amended to read: 12
26+ 948.05 Court to admonish or commend probationer or 13
27+offender in community control; graduated incentives. — 14
28+ (2) The department shall implement a system of graduated 15
29+incentives to promote compliance with the terms of supervision, 16
30+encourage stable employment, and prioritize the highest levels 17
31+of supervision for probationers or offenders presenting the 18
32+greatest risk of recidivism. 19
33+ (a) As part of the graduated incentives system, the 20
34+department may, without leave of cour t, offer the following 21
35+incentives to a compliant probationer or offender in community 22
36+control: 23
37+ 1. Up to 25 percent reduction of required community 24
38+service hours; 25
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4747 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 V E S
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51-department may, without le ave of court, offer the following 26
52-incentives to a compliant probationer or offender in community 27
53-control: 28
54- 1. Up to 25 percent reduction of required community 29
55-service hours; 30
56- 2. Waiver of supervision fees; 31
57- 3. Reduction in frequency of reporting; 32
58- 4. Permission to report by mail or telephone; or 33
59- 5. Transfer of an eligible offender to administrative 34
60-probation as authorized under s. 948.013. 35
61- (b) The department may also incentivize positive behavior 36
62-and compliance with recommendations to the court to m odify the 37
63-terms of supervision, including recommending: 38
64- 1. Permission to travel; 39
65- 2. Reduction of supervision type; 40
66- 3. Modification or cessation of curfew; 41
67- 4. Reduction or cessation of substance abuse testing; or 42
68- 5. Early termination of supervision. 43
69- (c) The department shall, without leave of court, 44
70-incentivize educational achievement by awarding a compliant 45
71-probationer or offender in community control a 60 -day reduction 46
72-of his or her term of supervision for each educational 47
73-advancement activity he or she completes during the term of 48
74-supervision. For purposes of this paragraph, the term 49
75-"educational advancement activity" means obtaining a high school 50
51+ 2. Waiver of supervision fees; 26
52+ 3. Reduction in frequency of reporting; 27
53+ 4. Permission to report by mail or telephone; or 28
54+ 5. Transfer of an eligible offender to administrative 29
55+probation as authorized under s. 948.013. 30
56+ (b) The department may also incentivize positive behavior 31
57+and compliance with recommendations to the court to modify the 32
58+terms of supervision, including recommending: 33
59+ 1. Permission to travel; 34
60+ 2. Reduction of supervision type; 35
61+ 3. Modification or cessation of curfew; 36
62+ 4. Reduction or cessation of substance abuse testing; or 37
63+ 5. Early termination of supervision. 38
64+ (c) The department shall, without leave of court, 39
65+incentivize educational achievement by awarding a compliant 40
66+probationer or offender in community control a 60 -day reduction 41
67+of his or her term of supervision for each educational 42
68+advancement activity he or she completes during the term of 43
69+supervision. For purposes of this paragraph, the term 44
70+"educational advancement activity" means obtaining a high school 45
71+diploma, a high school equivalency diploma, an academic degree, 46
72+or a vocational certificate. 47
73+ (d)(c) A probationer or offender who commits a subsequent 48
74+violation of probation may forfeit any previously earned 49
75+probation incentive, as determined appropriate by his or her 50
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8484 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 V E S
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88-diploma, a high school equivalency diploma, an academic degree, 51
89-or a vocational certifica te. 52
90- (d) The department shall, without leave of court, 53
91-incentivize stable employment by awarding a compliant 54
92-probationer or offender in community control a 30 -day reduction 55
93-of his or her term of supervision for each period of workforce 56
94-achievement he or she completes during the term of supervision. 57
95-For the purposes of this paragraph, the term "workforce 58
96-achievement" means continuous and verifiable full -time 59
97-employment, for at least 30 hours per week for a 6 -month period, 60
98-for which the probationer or offend er earns a wage. The 61
99-department shall verify such employment through supporting 62
100-documentation, which may include any record, letter, pay stub, 63
101-contract, or other department -approved method of verification. 64
102- (e)(c) A probationer or offender who commits a subsequent 65
103-violation of probation may forfeit any previously earned 66
104-probation incentive, as determined appropriate by his or her 67
105-probation officer. 68
106- Section 2. This act shall take effect July 1, 2022. 69
88+probation officer. 51
89+ Section 2. This act shall take effect July 1, 2022. 52