Florida Senate - 2022 SB 1378 By Senator Perry 8-01599A-22 20221378__ 1 A bill to be entitled 2 An act relating to terms and conditions of probation; 3 amending s. 948.03, F.S.; authorizing remote reporting 4 to probation officers in certain circumstances; 5 deleting an order to remain in a specified place as a 6 standard condition of probation; specifying that 7 noncriminal moving violations are not considered 8 probation violations; revising what may be considered 9 association with persons engaged in criminal 10 activities; providing requirements in order for a 11 court to add additional terms and conditions of 12 probation; creating s. 948.051, F.S.; providing 13 definitions; providing for the award of probation 14 credits by the Department of Corrections; specifying 15 circumstances in which such credits may be awarded; 16 providing for periodic accountings of such credits; 17 providing for rulemaking; requiring a report; amending 18 s. 948.04, F.S.; conforming a provision to changes 19 made by the act; amending s. 948.09, F.S.; conforming 20 a cross-reference; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Paragraphs (a), (d), (e), and (k) of subsection 25 (1) and subsection (2) of section 948.03, Florida Statutes, are 26 amended to read: 27 948.03Terms and conditions of probation. 28 (1)The court shall determine the terms and conditions of 29 probation. Conditions specified in this section do not require 30 oral pronouncement at the time of sentencing and may be 31 considered standard conditions of probation. These conditions 32 may include among them the following, that the probationer or 33 offender in community control shall: 34 (a)Report to the probation officer as directed. Such 35 reporting requirements may be fulfilled through remote reporting 36 if approved by the relevant probation officer, relevant county 37 probation authority or entity, or the Department of Corrections. 38 The probation officer shall schedule meetings required as a 39 condition of probation at times and locations that take into 40 consideration and accommodate the work schedule, family 41 caregiver obligations, and medical care of the probationer 42 unless doing so would cause a threat to public safety. The 43 Department of Corrections and county probation authorities or 44 entities shall promulgate and make available probation reporting 45 policies that allow for remote reporting and consider the 46 scheduling conflicts referenced in this paragraph. 47 (d)Remain within a specified place. 48 (d)(e)Live without violating any law, except that a 49 noncriminal moving violation is not a violation of the law for 50 the purposes of this paragraph. A conviction in a court of law 51 is not necessary for such a violation of law to constitute a 52 violation of probation, community control, or any other form of 53 court-ordered supervision. 54 (j)(k)Not knowingly associate with persons engaged in 55 criminal activities, except that a violation of this prohibition 56 cannot be based solely on the fact that a person has a criminal 57 record. 58 (2)The enumeration of specific kinds of terms and 59 conditions does not prevent the court from adding thereto such 60 other or others as it considers proper, to the extent that such 61 conditions involve only such deprivations of liberty or property 62 as are reasonably necessary to protect the public from the 63 probationers conduct in the underlying conviction or violation 64 and the court states on the record the purpose of each condition 65 in protecting the public from the probationers conduct in the 66 underlying conviction or violation. However, the sentencing 67 court may only impose a condition of supervision allowing an 68 offender convicted of s. 794.011, s. 800.04, s. 827.071, s. 69 847.0135(5), or s. 847.0145 to reside in another state if the 70 order stipulates that it is contingent upon the approval of the 71 receiving state interstate compact authority. The court may 72 rescind or modify at any time the terms and conditions 73 theretofore imposed by it upon the probationer. However, if the 74 court withholds adjudication of guilt or imposes a period of 75 incarceration as a condition of probation, the period may not 76 exceed 364 days, and incarceration shall be restricted to either 77 a county facility, or a probation and restitution center under 78 the jurisdiction of the Department of Corrections. 79 Section 2.Section 948.051, Florida Statutes, is created to 80 read: 81 948.051Probation credits. 82 (1)As used in this section, the term: 83 (a)Compliance means the absence of a violation report 84 submitted by a probation officer during a calendar month, a 85 technical violation notification letter filed during a calendar 86 month, an alternative sanction imposed under s. 948.06 during a 87 calendar month, a motion to revoke or motion to suspend 88 probation filed in a calendar month, or a determination of the 89 probationers guilt of a probation violation or criminal 90 offense, whether by trial, hearing, or plea. 91 (b)Department means the Department of Corrections. 92 (c)Life skills program means a program approved by the 93 department which is designed to reduce recidivism by addressing, 94 at a minimum, education, job skills, interpersonal skills, 95 stress and anger management, and personal development. 96 (2)The department may grant deductions from terms of 97 probation in the form of probation credits to encourage 98 satisfactory behavior on probation, to provide a meaningful 99 incentive for probationers to participate in and complete 100 recidivism-reducing activities and programs, and to reward 101 probationers who perform outstanding deeds or services. Credits 102 shall be awarded in accordance with the following terms: 103 (a)A probationer shall be eligible to earn probation 104 credits to reduce his or her term of probation during each full 105 calendar month in which the probationer is in compliance with 106 the terms of his or her probation. 107 (b)As a means of encouraging satisfactory behavior and 108 successful reentry, the department shall grant a probationer a 109 probation credit for good behavior which shall reduce a 110 probationers term of probation by 10 days for each calendar 111 month of compliance with the terms of his or her probation. 112 1.A probation credit for good behavior for a partial month 113 shall be prorated on the basis of a 30-day month. 114 2.A probationer may not earn a probation credit for good 115 behavior on the last full calendar month of his or her 116 probation. 117 3.If earned, probation credits for good behavior shall be 118 credited and applied by the probationers probation officer at 119 least quarterly. 120 (c)1.As a means of encouraging employment and public 121 safety and well-being, the department shall grant a probation 122 credit for rehabilitation which shall reduce a probationers 123 term of probation by 60 days for each completion of a 124 recidivism-reducing activity, including the following: 125 a.A high school equivalency diploma. 126 b.An academic degree, vocational course, or certificate. 127 c.Validated substance abuse or mental health treatment not 128 required as a condition of supervision. 129 d.Life skills programs and other recidivism-reducing 130 programs and activities approved by the court or the relevant 131 office of supervision. 132 2.If earned, probation credits for rehabilitation shall be 133 credited and applied by the probationers probation officer at 134 least quarterly. 135 3.Probation credits for rehabilitation awarded for 136 completing a recidivism-reducing activity under this paragraph 137 are retroactive. 138 (d)The department may grant additional probation credits 139 for rehabilitation of up to 20 days for each month in which a 140 probationer works diligently, participates in training or 141 education, uses time constructively, or otherwise engages in 142 positive activities. If earned, probation credits for 143 rehabilitation shall be credited and applied by the 144 probationers probation officer at least quarterly. 145 (e)To encourage outstanding deeds or service to the 146 community, the department may award a probationer probation 147 credits for meritorious actions under the terms and in the 148 amount applicable to inmates as provided in s. 944.275(4)(c). 149 Probation credits awarded under this paragraph may be applied 150 retroactively. If earned, probation credits shall be credited 151 and applied by the probationers probation officer at least 152 quarterly. 153 (f)A probationer may not earn any probation credits for a 154 calendar month in which a sustained violation occurred, he or 155 she absconded from probation, or he or she is incarcerated on a 156 conviction or a sustained violation. 157 (g)The calculation of probation credits begins on the 158 probationers first day of probation or on July 1, 2022, if the 159 probationer began a term of probation before June 1, 2022. 160 (h)When a probationer is subject to more than one period 161 of community supervision, the reductions authorized in this 162 section shall be applied to each period of supervision to which 163 the probationer is subject. 164 (i)Any probation credits for good behavior earned under 165 this section may be rescinded if the court revokes a term of 166 probation and imposes a term of incarceration. 167 (j)Once the combination of time served on probation and 168 accrued probation credits satisfies the total term of probation 169 imposed, the court shall order the supervision terminated, so 170 long as the probationer has not been found to have willfully 171 failed to pay any restitution amount. 172 (3)At least quarterly and before consideration of early 173 termination of supervision under s. 948.04(4), the probationers 174 probation officer shall calculate and provide the probationer in 175 writing, by electronic communication, or at a scheduled check 176 in, with an account of his or her earned probation credits by 177 type of credits earned under subsection (2) and the length of 178 the remaining term. If the probationer disagrees with the 179 probation officers calculation of his or her credits, the 180 probationer may ask for court review of his or her probation 181 credits before any consideration of early termination of 182 supervision under s. 948.04(4) and within 3 months before the 183 probation termination date established by the court under s. 184 948.04. 185 (4)The department shall adopt rules to implement the 186 granting, forfeiture, restoration, and deletion of probation 187 credits for good behavior, probation credits for rehabilitation, 188 and probation credits for meritorious actions. These rules must 189 include procedures for informing each probationer at the 190 commencement of his or her probation term of his or her 191 eligibility to earn such credits and the processes by which he 192 or she can earn each type of credit. 193 (5)The department shall collect information and report 194 annually to the Governor, the President of the Senate, and the 195 Speaker of the House of Representatives, no later than December 196 1 of each year, the number of probationers under the supervision 197 of the department who have earned credits under this section 198 during that year, the average amount of credits earned per 199 probationer during that year, the total number of supervision 200 days reduced due to the awarding of credits under this section, 201 and the number of probationers terminated from supervision early 202 that year. 203 Section 3.Paragraph (a) of subsection (4) of section 204 948.04, Florida Statutes, is amended to read: 205 948.04Period of probation; duty of probationer; early 206 termination; conversion of term. 207 (4)Except as provided in subsection (5), for defendants 208 sentenced to probation on or after October 1, 2019, the court, 209 upon motion by the probationer or the probation officer, shall 210 either early terminate the probationers supervision or convert 211 the supervisory term to administrative probation if all of the 212 following requirements are met: 213 (a)The probationer has completed at least half of the term 214 of probation to which he or she was sentenced, accounting for 215 the application of any credits earned under s. 948.051. 216 Section 4.Subsection (6) of section 948.09, Florida 217 Statutes, is amended to read: 218 948.09Payment for cost of supervision and other monetary 219 obligations. 220 (6)The department shall establish a payment plan for all 221 costs ordered by the courts for collection by the department and 222 a priority order for payments, except that victim restitution 223 payments authorized under s. 948.03(1)(e) s. 948.03(1)(f) take 224 precedence over all other court-ordered payments. The department 225 is not required to disburse cumulative amounts of less than $10 226 to individual payees established on this payment plan. 227 Section 5.This act shall take effect July 1, 2022.