HB 1801 CS (2004) -  Probation and Community Control

General Bill by Judiciary (CO-SPONSORS) Kottkamp; Hasner; Holloway
Probation and Community Control: Authorizes law enforcement officers to make warrantless arrests of certain probationers, community controllees, and parolees; provides for the tolling of the period of probation pursuant to warrantless arrest; limits the circumstances in which certain offenders may be placed on community control or probation; defines the terms "disqualifying forcible felony" and "high-risk felony"; authorizes the court to order an appearance bond as a condition of an offender's probation, community control, or other community supervision; specifies conditions of appearance bonds; provides for estreature and forfeiture of the bond; revises the standard conditions of probation and community control; provides that the standard conditions of probation and community control include a requirement to remain on such supervision without violating the law and to not have contact with any victim of the offense unless authorized by the court; requires monthly reporting of certain information by probationers and community controllees; authorizes the Department of Corrections to include electronic monitoring as a condition of the monthly report; requires certain probationers and community controllees to submit to random, monthly substance abuse testing; prohibits probationers and community controllees from using or possessing controlled substance or drugs without a prescription; provides that it is the defendant's responsibility to prove inability to pay court-ordered restitution; requires that high-risk felony probationers or community controllees be held without bail for alleged violations of nonmonetary conditions of supervision; provides for the Department of Corrections to make reports to the court concerning disposition recommendations for certain violations of probation or community control; specifies contents of reports alleging violations involving court-ordered obligations; provides for the court to conduct "danger to the community hearings" in certain circumstances; specifies circumstances that may indicate that a defendant poses a risk of physical harm to persons; provides that a finding that defendant poses a risk of physical harm to persons must be established by a preponderance of the evidence; specifies a period of incarceration for defendants found to pose a risk of physical harm to others; provides for representation and participation by the state in proceedings under ch. 948; provides for the inspector general of the Department of Corrections to review the circumstances surrounding specified offenses occurring while certain offenders are under supervision of the department; provides for the Department of Corrections to annually submit the reviews to the Office of Program Policy Analysis and Governmental Accountability; requires the Office of Program Policy Analysis and Governmental Accountability to submit an annual report based upon the reviews; provides for the department to review an offender's eligibility for probation in certain circumstances; provides for reports concerning such eligibility.
Effective Date: upon becoming a law
Last Event: Companion Bill passed, refer to CS/SB 2284 on Thursday, April 29, 2004 5:50 PM; HB Laid on Table

PCB committee actions:

  • PCB JU 04-14 recommended by:
    Judiciary

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: HB 1283 Subject: Electronic Monitoring of Probationers and Community Controllees Relationship: Compare
Bill #: CS/SB 2284 Subject: Probation & Community Control Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Public Safety & Crime Prevention 4/22/2004 4:39:08 PM
Chamber: House Committee: Public Safety & Crime Prevention 4/13/2004 10:40:31 AM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Laid on Table, refer to CS/SB 2284 Time: 04/29/2004 - 5:50 PM Member: Committee: Version:
Event: H Substituted CS/SB 2284 Time: 04/29/2004 - 5:50 PM Member: Committee: Version:
Event: H Bill released to House Calendar Time: 04/29/2004 - 4:39 PM Member: Committee: Version:
Event: H Bill added to Special Order Calendar (4/29/2004 5:17:17 AM) Time: 04/29/2004 - 3:43 PM Member: Committee: Version:
Event: H Withdrawn from Appropriations Time: 04/29/2004 - 1:02 PM Member: Committee: Appropriations Version:
Event: H Bill added to Second Reading Calendar Time: 04/29/2004 - 12:48 AM Member: Committee: Version:
Event: H Amendment 835191 filed timely Time: 04/28/2004 - 10:36 AM Member: Committee: Version: c1
Event: H Bill added to Special Order Calendar (4/28/2004 1:01:36 AM) Time: 04/27/2004 - 1:07 AM Member: Committee: Version:
Event: H Now in Appropriations Time: 04/23/2004 - 12:41 PM Member: Committee: Appropriations Version:
Event: H Bill referral removed from committee Time: 04/23/2004 - 12:41 PM Member: Committee: Subcommittee on Public Safety Appropriations Version:
Event: H Remaining referral: Appropriations Time: 04/23/2004 - 12:41 PM Member: Committee: Appropriations Version:
Event: H Recommendation: CS by Public Safety & Crime Prevention ; Pending Review of CS under Rule 6.3 Time: 04/22/2004 - 4:40 PM Member: Committee: Public Safety & Crime Prevention Version:
Event: H Bill released from committee Time: 04/22/2004 - 4:40 PM Member: Committee: Public Safety & Crime Prevention Version:
Event: H Bill passed referred committee Time: 04/22/2004 - 4:40 PM Member: Committee: Public Safety & Crime Prevention Version:
Event: H Bill added to Public Safety & Crime Prevention agenda Time: 04/13/2004 - 4:24 PM Member: Committee: Public Safety & Crime Prevention Version:
Event: H Bill added to Public Safety & Crime Prevention agenda Time: 04/13/2004 - 4:24 PM Member: Committee: Public Safety & Crime Prevention Version:
Event: H Bill added to Public Safety & Crime Prevention agenda Time: 04/12/2004 - 4:12 PM Member: Committee: Public Safety & Crime Prevention Version:
Event: H Now in Public Safety & Crime Prevention Time: 03/23/2004 - 7:04 PM Member: Committee: Public Safety & Crime Prevention Version:
Event: H Bill referred to committee Time: 03/23/2004 - 7:04 PM Member: Committee: Appropriations Version:
Event: H Bill referred to committee Time: 03/23/2004 - 7:04 PM Member: Committee: Subcommittee on Public Safety Appropriations Version:
Event: H Bill referred to committee Time: 03/23/2004 - 7:04 PM Member: Committee: Public Safety & Crime Prevention Version:
Event: H 1st Reading Time: 03/19/2004 - 6:18 PM Member: Committee: Version:
Event: H Filed timely Time: 03/19/2004 - 10:29 AM Member: Committee: Judiciary Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
372.921
372.922
570.073
775.089
901.15 HB 495, HB 1613, HB 1721
903.0473
921.0017 HB 2001
921.187 HB 1815, HB 2001
947.22
947.23 HB 2001
948.001 HB 1283, HB 1543, HB 2001
948.01 HB 1713, HB 2001
948.03 HB 307, HB 1283, HB 1543, HB 2001
948.032
948.06 HB 111, HB 1713, HB 2001
948.062
948.10 HB 2001
958.03 HB 1283, HB 1543
958.14 HB 2001