HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1241 Probation and Community Control Violations
SPONSOR(S): Judiciary Committee, Criminal Justice Subcommittee, Snyder
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1154
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 16 Y, 0 N, As CS Padgett Hall
2) Judiciary Committee 20 Y, 0 N, As CS Padgett Kramer
SUMMARY ANALYSIS
Probation is a form of community supervision requiring an offender to maintain specified contacts with a probation
officer and complete other terms and conditions. Several standard conditions of probation apply automatically,
including requirements to report to a probation officer as directed and to live without violating any law. The court
may also impose special conditions, such as community service hours, regular drug or alcohol testing, no contact
orders, and treatment programs. Failure to meet any condition of supervision is a violation of probation. Generally,
upon a finding that an offender violated probation, the court may revoke, modify, or continue supervision. If the court
chooses to revoke supervision, it may impose any sentence that was permissible at the offender’s initial sentencing.
In 2019, the Legislature passed legislation to address technical violations of probation more proportionally than had
traditionally been authorized through court processes. A technical vio lation is any alleged violation of probation that
is not a new felony, misdemeanor, or criminal traffic offense. Section 948.06(9)(h), F.S., requires each judicial circuit
to establish an alternative sanctioning program (ASP), allowing the Department of Co rrections to enforce technical
violations with court approval, ensuring a swift and certain response without initiating the court process or arresting
and booking the offender. Additionally, the law required a court to modify, rather than revoke, probation and
imposed a 90-day jail cap for specified probationers committing a low-risk, technical violation.
CS/CS/HB 1241 amends s. 948.06, F.S., to revise provisions related to probation and the ASP. Specifically, the bill:
Requires a court to modify, rather than revoke probation, if a probationer meets specified criteria and has fewer
than two previous violations of probation resolved by the court and limits the jail sentence a court may impose
for a violation to 90 days for a first violation and 120 days for a second violation; and
Requires a court to hold a hearing on a violation of probation within 30 days after a probationer’s arrest or to
release the probationer without bail unless the court determines that the hearing was not held in the applicable
time frame due to circumstances attributable to the probationer.
The bill amends s. 921.0024, F.S., to prohibit a community sanction violation that was resolved through the ASP
from being used when determining an offender’s sentence for a violation of probation if probation is revoked.
The Criminal Justice Impact Conference considered a prior version of the bill that is substantially similar to
CS/CS/HB 1241 on February 12, 2024, and determined that the bill may have a nega tive indeterminate prison bed
impact because the bill could lead to a decrease in the number of probationers who are sentenced to prison for
committing technical probation violations. Specifically, the bill prohibits community sanction points from being
assessed if a probationer or offender resolves a violation of probation through the ASP; requires a court to modify,
rather than revoke, a person’s probation if he or she commits a seco nd violation of probation and meets specified
criteria and caps a probationer’s jail sentence if a person commits such a violation at 120 days; and requires a
probationer who commits a low-risk violation to be released within 30 days of arrest if a violation hearing does not
occur. Thus, the bill may have a negative indeterminate jail and prison bed impact to the extent such probationers or
offenders would otherwise be sentenced to a longer term of incarceration for committing a community sanction or
probation violation or would otherwise be required to remain in jail for committing a violation of probation until a
hearing on the violation occurs.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Probation and Community Control
At sentencing for a criminal conviction, a judge may place an offender on probation or community
control in lieu of or in addition to incarceration.1 Probation is a form of community supervision requiring
specified contacts with a probation officer and other terms and conditions. 2 Community control is a
more intensive form of supervision involving an individualized program that restricts the offender’s
movement within the community, home, or residential placement. 3 Several standard conditions of
probation or community control apply automatically, including requirements to report to a probation
officer as directed and to live without violating any law.4 The court may also impose special conditions,
such as community service hours, regular drug or alcohol testing, no contact orders, and treatment
programs.5 Failure to meet any condition of supervision is a violation of probation or community control
(VOP).
Generally, upon a finding that an offender violated probation or community control, the court may
revoke, modify, or continue supervision.6 If the court chooses to revoke supervision, it may impose any
sentence that was permissible at the offender’s initial sentencing.7 Upon revocation of supervision, the
court is bound by the sentencing guidelines under the Criminal Punishment Code. 8 The sentencing
guidelines provide a formula for computation of the lowest permissible prison sentence, based on a
number of factors such as the offender’s current and prior offenses. If an offender’s probation is
revoked and the court sentences the offender under the sentencing guidelines, the violation of
probation and any successive violations that an offender has committed are factored into the
sentencing formula as a “community sanction violation.” 9 The court must make written findings,
contemporaneous with sentencing for the revocation of supervision, to justify a downward departure
and sentence an offender to less than the lowest permissible sentence.10
If an offender qualifies as a violent felony offender of special concern (VFOSC) and violates probation,
the court must revoke supervision, unless it makes written findings that the VFOSC does not pose a
danger to the community.11 A VFOSC is a person who is on felony supervision:
Related to a qualifying offense12 committed on or after March 12, 2007.
1
S. 948.01, F.S.
2 S. 948.001(8), F.S.
3 S. 948.001(3), F.S.
4 S. 948.03(1), F.S.
5 S. 948.03(2), F.S.
6 S. 948.06(2)(b), F.S.
7
Id.
8 S. 921.0022, F.S.
9 S. 921.0024, F.S.
10 State v. Roman, 634 So. 2d 291 (Fla. 1st DCA 1994).
11 S. 948.06(8)(e)2.b., F.S.
12
Section 948.06(8)(c), F.S., defines qualifying offense to include any of the following: kidnapping or attempted kidnapping, s . 787.01,
F.S.; false imprisonment of a child under the age of 13, s. 787.02(3), F.S.; luring or enticing a child, s. 787.025(2)(b) or (b), F.S.; murder
or attempted murder, s. 782.04, F.S.; attempted felony murder, s. 782.051, F.S.; manslaughter, s. 782.07, F.S.; aggravated ba ttery or
attempt, s. 784.045, F.S.; sexual battery or attempt, s. 794.011(2), (3), (4), or (8)(b) or (c), F.S.; lewd and lascivious battery or attempt,
s. 800.04(4); lewd and lascivious molestation, s. 800.04(5)(b) or (c), F.S.; lewd and lascivious conduct, s. 800.04(6)(b), F. S.; lewd and
lascivious exhibition, s. 800.04(7)(b); lewd and lascivious exhibition on computer, s. 847.0135(5)(b); robbery or attempt, s. 812.13, F.S.;
carjacking or attempt, s. 812.133, F.S.; home invasion robbery or attempt, s. 812.135, F.S.; lewd and lascivious offense upon or in the
presence of an elderly person or attempt, s. 825.1025, F.S.; sexual performance by a child or attempt, s. 827.071, F.S.; comp uter
pornography, s. 847.0135(2) or (3), F.S.; transmission of child pornography, s. 847.0137, F.S.; se lling or buying of minors, s. 847.0145,
F.S.; poisoning food or water, s. 859.01, F.S.; abuse of a dead human body, s. 872.06, F.S.; any burglary offense that is a f irst or
second degree felony, s. 810.02(2) or (3), F.S.; arson or attempt, s. 806.01(1), F.S.; aggravated assault, s. 784.021, F.S.; aggravated
stalking, s. 784.048(3), (4), (5), or (7), F.S.; aircraft piracy, s. 860.16, F.S.; throwing a deadly missile, s. 790.161(2), (3), or (4), F.S.; and
treason, s. 876.32, F.S.
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For any offense committed on or after March 12, 2007, and has previously been convicted of a
qualifying offense.
For any offense committed on or after March 12, 2007, and is found to have violated that
supervision by committing a qualifying offense.
After previously being found by a court to be a habitual violent felony offender, 13 three-time
violent offender,14 or sexual predator,15 and has committed a qualifying offense on or after
March 12, 2007.16
When a person is arrested for committing a crime, he or she is generally entitled to pretrial release on
reasonable conditions under the Florida Constitution. 17 However, a person taken into custody for a
VOP does not have a constitutional right to release pending the disposition of the VOP. 18 If the offender
qualifies as a VFOSC, the court is prohibited from granting pretrial release. 19
Alternative Sanctioning Program
In 2019, the Legislature standardized a statewide alternative sanctioning program (ASP), allowing the
Department of Corrections to enforce technical violations with court approval. 20 A technical violation is
any alleged VOP that is not a new felony, misdemeanor, or criminal traffic offense. The ASP ensures a
swift and certain response to technical violations without initiating the court process or arresting and
booking the offender. After receiving written notice of an alleged technical violation and disclosure of
the evidence supporting the violation, an offender who is eligible for the ASP may either elect to
participate in the program or waive participation.21 If the offender waives participation, the violation
proceeds through the court resolution process. 22 A court may also disqualify a person from the ASP
when initially sentencing him or her to probation.
The ASP identifies eligible offenders, eligible violations, and permissible sanctions. Eligible violations
are classified as either low- or moderate-risk.
Low-risk violations only apply to probationers, not offenders on community control, and include:
A positive drug or alcohol test result;
Failure to report to the probation office;
Failure to report a change in address or other required information;
Failure to attend a required class, treatment or counseling session, or meeting;
Failure to submit to a drug or alcohol test;
Violation of curfew;
Failure to meet a monthly quota for any required probation condition, including making
restitution payments, paying court costs, and completing community service hours;
Leaving the county without permission;
Failure to report a change in employment;
Associating with people engaged in criminal activity; or
Any other violation as determined by administrative order of the chief judge of the circuit.23
Moderate-risk violations include:
Any violation classified as low-risk when committed by an offender on community control;
Failure to remain at an approved residence by an offender on community control;
13 S. 775.084(1)(b), F.S.
14 S. 775.084(1)(c), F.S.
15 S. 775.21, F.S.
16 S. 948.06(8)(b), F.S.
17 Art. I, s. 14, Fla. Const. Exceptions include when a person is charged with a capital offense or offense punishable by life a nd the
proof of guilt is evident or the presumption is great, or if no conditions can reasonably protect the community from risk of physical harm.
18 Bernhardt v. State, 288 So. 2d 490, 497 (Fla. 1974).
19 S. 903.0351, F.S.
20 S. 948.06(9), F.S.
21 S. 948.06(9)(g), F.S.
22 S. 948.06(9)(h)1.a., F.S.
23 S. 948.06(9)(b), F.S.
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A third low-risk violation by a probationer; or
Any other violation as determined by administrative order of the chief judge of the circuit. 24
The permissible sanctions correspond to the violation risk level. For example, a probation officer may
impose sanctions such as additional community service hours, counseling or treatment, drug testing, or
curfew in response to a low-risk violation.25 In response to a moderate-risk violation, examples of
additional sanctions include residential treatment or electronic monitoring for up to 90 days or a
maximum jail sentence of up to 21 days.26 Such responses are designed to be proportional to the
severity of the technical violation and to directly respond to the nature of the technical violation.
Offenders are disqualified from alternative sanctioning under any of the following circumstances:
The offender is a violent felony offender of special concern;
The violation is a felony, misdemeanor, or criminal traffic offense;
The violation is absconding;
The violation is of a stay-away order or no-contact order;
The violation is not identified as low- or moderate-risk by statute or administrative order;
The offender has a prior moderate-risk level violation during the same term of supervision;
The offender has three prior low-risk level violations during the same term of supervision;
The term of probation is scheduled to terminate in less than 90 days; or
The terms of the sentence prohibit alternative sanctioning. 27
The ASP is voluntary, and the offender may withdraw from participation at any time. Successful
completion of an ASP does not affect an offender’s withheld adjudication. If the offender withdraws or
fails to complete a sanction within either 90 days or a timeframe determined in the agreed-upon
sanction, the original VOP proceeds to the court resolution process.
Mandatory Modification of Probation and Jail Cap
Section 948.06(2)(f), F.S., requires a court to modify, rather than revoke, probation and imposes a 90-
day jail cap for specified probationers appearing before a court for committing a low-risk technical
violation. Unless waived by a defendant, a court is required to modify or continue, rather than revoke, a
probationary term, when all of the following apply:
The term of supervision is probation, rather than community control.
The probationer does not qualify as a violent felony offender of special concern.
The violation is a low-risk technical violation.
The court has not previously found the probationer in violation of probation during the current
term of supervision.
If a probationer has less than 90 days of supervision remaining on his or her term of probation and
meets the criteria for mandatory modification of probation, a court may revoke probation and sentence
the probationer to 90 days in county jail.28
Effect of Proposed Changes
Assessment of Points for a Community Sanction Violation
CS/CS/HB 1241 amends s. 921.0024, F.S., to prohibit any violation of probation that was resolved
through the ASP from being assessed as community sanction violations points and being used in
24 S. 948.06(9)(c), F.S.
25 S. 948.06(9)(e), F.S.
26 S. 948.06(9)(f), F.S.
27 S. 948.06(9)(d), F.S.
28 S. 948.06(2)(f)3., F.S.
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determining an offender’s lowest permissible sentence of incarceration if the offender’s probation has
been revoked.
Mandatory Modification of Probation and Jail Cap
The bill amends s. 948.06, F.S., to require a court to modify, rather than revoke probation, if a person
otherwise meets the criteria for modification under s. 948.06(2)(f), F.S., and a court has not, on two or
more separate occasions, found the probationer in violation of his or her probation. Current law
excludes a person who has previously been found by a court to be in violation of his or her probation
from qualifying for mandatory modification of probation.
Under the bill, if a court previously found a probationer in violation of probation and modified probation