Florida Senate - 2022 SB 1378 By Senator Perry 8-01599A-22 20221378__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to terms and conditions of probation; 2 amending s. 948.03, F.S.; authorizing remote reporting 3 to probation officers in certain circumstances; 4 deleting an order to remain in a specified place as a 5 standard condition of probation; specifying that 6 noncriminal moving violations are not considered 7 probation violations; revising what may be considered 8 association with persons engaged in criminal 9 activities; providing requirements in order for a 10 court to add additional terms and conditions of 11 probation; creating s. 948.051, F.S.; providing 12

definitions; providing for the award of probation 13 credits by the Department of Corrections; specifying 14 circumstances in which such credits may be awarded; 15 providing for periodic accountings of such credits; 16 providing for rulemaking; requiring a report; amending 17 s. 948.04, F.S.; conforming a provision to changes 18 made by the act; amending s. 948.09, F.S.; conforming 19 a cross-reference; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23

Section 1. Paragraphs (a), (d), (e), and (

k) of subsection 24 (1) and subsection (2) of

section 948.03, Florida Statutes, are 25 amended to read: 26 948.03 Terms and conditions of probation.— 27

(1) The court shall determine the terms and conditions of 28 probation. Conditions specified in this

section do not require 29

Florida Senate - 2022 SB 1378 8-01599A-22 20221378__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. oral pronouncement at the time of sentencing and may be 30 considered standard conditions of probation. These conditions 31 may include among them the following, that the probationer or 32 offender in community control shall: 33 (

a) Report to the probation officer as directed. Such 34 reporting requirements may be fulfilled through remote reporting 35 if approved by the relevant probation officer, relevant county 36 probation authority or entity, or the Department of Corrections. 37 The probation officer shall

schedule meetings required as a 38 condition of probation at times and locations that take into 39 consideration and accommodate the work schedule, family 40 caregiver obligations, and medical care of the probationer 41 unless doing so would cause a threat to public safety. The 42 Department of Corrections and county probation authorities or 43 entities shall promulgate and make available probation reporting 44 policies that allow for remote reporting and consider the 45 scheduling conflicts referenced in this paragraph. 46 (

d) Remain within a specified place. 47 (d)(

e) Live without violating any law, except that a 48 noncriminal moving violation is not a violation of the law for 49 the purposes of this paragraph. A conviction in a court of law 50 is not necessary for such a violation of law to constitute a 51 violation of probation, community control, or any other form of 52 court-ordered supervision. 53 (j)(

k) Not knowingly associate with persons engaged in 54 criminal activities, except that a violation of this prohibition 55 cannot be based solely on the fact that a person has a criminal 56 record. 57

(2) The enumeration of specific kinds of terms and 58

Florida Senate - 2022 SB 1378 8-01599A-22 20221378__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions. conditions does not prevent the court from adding thereto such 59 other or others as it considers proper, to the extent that such 60 conditions involve only such deprivations of liberty or property 61 as are reasonably necessary to protect the public from the 62 probationer’s conduct in the underlying conviction or violation 63 and the court states on the record the purpose of each condition 64 in protecting the public from the probationer’s conduct in the 65 underlying conviction or violation.

However, the sentencing 66 court may only impose a condition of supervision allowing an 67 offender convicted of s. 794.011, s. 800.04, s. 827.071, s. 68 847.0135(5), or s. 847.0145 to reside in another state if the 69 order stipulates that it is contingent upon the approval of the 70 receiving state interstate compact authority. The court may 71 rescind or modify at any time the terms and conditions 72 theretofore imposed by it upon the probationer.

However, if the 73 court withholds adjudication of guilt or imposes a period of 74 incarceration as a condition of probation, the period may n ot 75 exceed 364 days, and incarceration shall be restricted to either 76 a county facility, or a probation and restitution center under 77 the jurisdiction of the Department of Corrections. 78

Section

Section 948.051, Florida Statutes, is created to 79 read: 80 948.051 Probation credits.— 81

(1) As used in this section, the term: 82 (a) “Compliance” means the absence of a violation report 83 submitted by a probation officer during a calendar month, a 84 technical violation notification letter filed during a calendar 85 month, an alternative sanction imposed under s. 948.06 during a 86 calendar month, a motion to revoke or motion to suspend 87

Florida Senate - 2022 SB 1378 8-01599A-22 20221378__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. probation filed in a calendar month, or a determination of the 88 probationer’s guilt of a probation violation or criminal 89 offense, whether by trial, hearing, or plea. 90 (b) “Department” means the Department of Corrections. 91 (c) “Life skills program” means a program approved by the 92 department which is designed to reduce recidivism by addressing, 93 at a minimum, education, job skills, interpersonal skills, 94 stress and anger management, and personal development. 95

(2) The department may grant deductions from terms of 96 probation in the form of probation credits to encourage 97 satisfactory behavior on probation, to provide a meaningful 98 incentive for probationers to participate in and complete 99 recidivism-reducing activities and programs, and to reward 100 probationers who perform outstanding deeds or services. Credits 101 shall be awarded in accordance with the following terms: 102 (

a) A probationer shall be eligible to earn probation 103 credits to reduce his or her term of probation during each full 104 calendar month in which the probationer is in compliance with 105 the terms of his or her probation. 106 (

b) As a means of encouraging satisfactory behavior and 107 successful reentry, the department shall grant a probationer a 108 probation credit for good behavior which shall reduce a 109 probationer’s term of probation by 10 days for each calendar 110 month of compliance with the terms of his or her probation. 111 1. A probation credit for good behavior for a partial month 112 shall be prorated on the basis of a 30-day month. 113 2. A probationer may not earn a probation credit for good 114 behavior on the last full calendar month of his or her 115 probation. 116

Florida Senate - 2022 SB 1378 8-01599A-22 20221378__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions. 3. If earned, probation credits for good behavior shall be 117 credited and applied by the probationer’s probation officer at 118 least quarterly. 119 (c)1. As a means of encouraging employment and public 120 safety and well-being, the department shall grant a probation 121 credit for rehabilitation which shall reduce a probationer’s 122 term of probation by 60 days for each completion of a 123 recidivism-reducing activity, including the following: 124 a.

A high school equivalency diploma. 125 b. An academic degree, vocational course, or certificate. 126 c. Validated substance abuse or mental health treatment not 127 required as a condition of supervision. 128 d. Life skills programs and other recidivism-reducing 129 programs and activities approved by the court or the relevant 130 office of supervision. 131 2. If earned, probation credits for rehabilitation shall be 132 credited and applied by the probationer’s probation officer at 133 least quarterly. 134 3.

Probation credits for rehabilitation awarded for 135 completing a recidivism-reducing activity under this paragraph 136 are retroactive. 137 (

d) The department may grant additional probation credits 138 for rehabilitation of up to 20 days for each month in which a 139 probationer works diligently, participates in training or 140 education, uses time constructively, or otherwise engages in 141 positive activities. If earned, probation credits for 142 rehabilitation shall be credited and applied by the 143 probationer’s probation officer at least quarterly. 144 (

e) To encourage outstanding deeds or service to the 145

Florida Senate - 2022 SB 1378 8-01599A-22 20221378__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. community, the department may award a probationer probation 146 credits for meritorious actions under the terms and in the 147 amount applicable to inmates as provided in s. 944.275(4)(c). 148 Probation credits awarded under this paragraph may be applied 149 retroactively. If earned, probation credits shall be credited 150 and applied by the probationer’s probation officer at least 151 quarterly. 152 (

f) A probationer may not earn any probation credits for a 153 calendar month in which a sustained violation occurred, he or 154 she absconded from probation, or he or she is incarcerated on a 155 conviction or a sustained violation. 156 (

g) The calculation of probation credits begins on the 157 probationer’s first day of probation or on July 1, 2022, if the 158 probationer began a term of probation before June 1, 2022. 159 (

h) When a probationer is subject to more than one period 160 of community supervision, the reductions authorized in t his 161

section shall be applied to each period of supervision to which 162 the probationer is subject. 163 (

i) Any probation credits for good behavior earned under 164 this

section may be rescinded if the court revokes a term of 165 probation and imposes a term of incarceration. 166 (

j) Once the combination of time served on probation and 167 accrued probation credits satisfies the total term of probation 168 imposed, the court shall order the supervision terminated, so 169 long as the probationer has not been found to have willfully 170 failed to pay any restitution amount. 171

(3) At least quarterly and before consideration of early 172 termination of supervision under s. 948.04(4), the probationer’s 173 probation officer shall calculate and provide the probationer in 174

Florida Senate - 2022 SB 1378 8-01599A-22 20221378__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. writing, by electronic communication, or at a scheduled check-175 in, with an account of his or her earned probation credits by 176 type of credits earned under subsection (2) and the length of 177 the remaining term.

If the probationer disagrees with the 178 probation officer’s calculation of his or her cred its, the 179 probationer may ask for court review of his or her probation 180 credits before any consideration of early termination of 181 supervision under s. 948.04(4) and within 3 months before the 182 probation termination date established by the court under s. 183 948.04. 184

(4) The department shall adopt rules to implement the 185 granting, forfeiture, restoration, and deletion of probation 186 credits for good behavior, probation credits for rehabilitation, 187 and probation credits for meritorious actions. These rules must 188 include procedures for informing each probationer at the 189 commencement of his or her probation term of his or her 190 eligibility to earn such credits and the processes by which he 191 or she can earn each type of credit. 192

(5) The department shall collect information and repo rt 193 annually to the Governor, the President of the Senate, and the 194 Speaker of the House of Representatives, no later than December 195 1 of each year, the number of probationers under the supervision 196 of the department who have earned credits under this

section 197 during that year, the average amount of credits earned per 198 probationer during that year, the total number of supervision 199 days reduced due to the awarding of credits under this section, 200 and the number of probationers terminated from supervision early 201 that year. 202

Section 3. Paragraph (

a) of subsection (4) of

section 203

Florida Senate - 2022 SB 1378 8-01599A-22 20221378__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. 948.04, Florida Statutes, is amended to read: 204 948.04 Period of probation; duty of probationer; early 205 termination; conversion of term.— 206

(4) Except as provided in subsection (5), for defendants 207 sentenced to probation on or after October 1, 2019, the court, 208 upon motion by the probationer or the probation officer, shall 209 either early terminate the probationer’s supervision or convert 210 the supervisory term to administrative probation if all of the 211 following requirements are met: 212 (

a) The probationer has completed at least half of the term 213 of probation to which he or she was sentenced, accounting for 214 the application of any credits earned under s. 948.051 . 215

Section 4. Subsection (6) of

section 948.09, Florida 216 Statutes, is amended to read: 217 948.09 Payment for cost of supervision and other monetary 218 obligations.— 219

(6) The department shall establish a payment plan for all 220 costs ordered by the courts for collection by the department and 221 a priority order for payments, except that victim restitution 222 payments authorized under s. 948.03(1)(

e) s. 948.03(1)(

f) take 223 precedence over all other court-ordered payments. The department 224 is not required to disburse cumulative amounts of less than $10 225 to individual payees established on this payment plan. 226

Section 5. This act shall take effect July 1, 2022. 227