Florida 2022 Regular Session

Florida House Bill H1037 Latest Draft

Bill / Comm Sub Version Filed 02/22/2022

                               
 
CS/CS/HB 1037  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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A bill to be entitled 1 
An act relating to education and employment incentives 2 
for probationers; amending s. 948.05, F.S.; requiring 3 
the Department of Corrections to reduce a 4 
probationer's supervision term by a specified amount 5 
for completing an educational advancement activity; 6 
providing definitions; requiring the department to 7 
reduce a probationer's supervision term by a specified 8 
amount for completing a specified period of w orkforce 9 
achievement; requiring the department to verify 10 
employment with specified documentation; providing an 11 
effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Subsection (2) of section 948.05, Florida 16 
Statutes, is amended to read: 17 
 948.05  Court to admonish or commend probationer or 18 
offender in community control; graduated incentives. — 19 
 (2)  The department shall implement a system of graduated 20 
incentives to promote compliance with the terms of supervision , 21 
encourage educational achievement and stable employment, and 22 
prioritize the highest levels of supervision for probationers or 23 
offenders presenting the greatest risk of recidivism. 24 
 (a)  As part of the graduated incentives system, the 25     
 
CS/CS/HB 1037  	2022 
 
 
 
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department may, without le ave of court, offer the following 26 
incentives to a compliant probationer or offender in community 27 
control: 28 
 1.  Up to 25 percent reduction of required community 29 
service hours; 30 
 2.  Waiver of supervision fees; 31 
 3.  Reduction in frequency of reporting; 32 
 4.  Permission to report by mail or telephone; or 33 
 5.  Transfer of an eligible offender to administrative 34 
probation as authorized under s. 948.013. 35 
 (b)  The department may also incentivize positive behavior 36 
and compliance with recommendations to the court to m odify the 37 
terms of supervision, including recommending: 38 
 1.  Permission to travel; 39 
 2.  Reduction of supervision type; 40 
 3.  Modification or cessation of curfew; 41 
 4.  Reduction or cessation of substance abuse testing; or 42 
 5.  Early termination of supervision. 43 
 (c)  The department shall, without leave of court, 44 
incentivize educational achievement by awarding a compliant 45 
probationer or offender in community control a 60 -day reduction 46 
of his or her term of supervision for each educational 47 
advancement activity he or she completes during the term of 48 
supervision. For purposes of this paragraph, the term 49 
"educational advancement activity" means obtaining a high school 50     
 
CS/CS/HB 1037  	2022 
 
 
 
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diploma, a high school equivalency diploma, an academic degree, 51 
or a vocational certifica te. 52 
 (d)  The department shall, without leave of court, 53 
incentivize stable employment by awarding a compliant 54 
probationer or offender in community control a 30 -day reduction 55 
of his or her term of supervision for each period of workforce 56 
achievement he or she completes during the term of supervision. 57 
For the purposes of this paragraph, the term "workforce 58 
achievement" means continuous and verifiable full -time 59 
employment, for at least 30 hours per week for a 6 -month period, 60 
for which the probationer or offend er earns a wage. The 61 
department shall verify such employment through supporting 62 
documentation, which may include any record, letter, pay stub, 63 
contract, or other department -approved method of verification. 64 
 (e)(c) A probationer or offender who commits a subsequent 65 
violation of probation may forfeit any previously earned 66 
probation incentive, as determined appropriate by his or her 67 
probation officer. 68 
 Section 2.  This act shall take effect July 1, 2022. 69