SB 752 — Probationary or Supervision Services for Misdemeanor Offenders
Last action — Chapter No. 2022-166
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 02, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
3 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 I).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Probationary or Supervision Services for Misdemeanor Offenders; Authorizing the Department of Corrections to supervise certain misdemeanor offenders; deleting a prohibition on private entities providing probationary or supervision services to certain misdemeanor offenders; requiring the department to reduce a probationer’s or offender’s supervision term by a specified amount of time for completing an educational advancement activity; authorizing a private or public entity to provide probation services and other specified programming to misdemeanor offenders, etc.
Bill Text
What changed in the latest version
98 added · 199 removed98 line(s) added, 199 removed.
Florida Senate - 2022 CS for CS for SB 752 By the CommitteesCommittee on Appropriations;Criminal Justice;
and CriminalSenators Justice;Gainer and Pizzo 591-02279-22 2022752c1 A bill to be entitled An act relating to probationary or supervision services for misdemeanor offenders;
and Senators Gainer and Pizzo 576-03567-22 2022752c2 A bill to be entitled An act relating to probationary or supervision services for misdemeanor offenders;
948.03, F.S.;
authorizing a probationer or offender in community control to report to a probation officer through remote reporting under specified circumstances;
requiring a probation officer to take specified circumstances into consideration when scheduling meetings;
requiring the department and county probation authorities or entities to adopt and make available certain probation reporting policies;
deleting remaining within a specified place as a standard condition of probation;
amending s.
948.05, F.S.;
requiring the department to reduce a probationer’s or offender’s supervision term by a specified amount of time for completing an educational advancement activity;
defining the term “educational advancement activity”;
amending s.
amending s.
948.09, F.S.;
conforming a cross-reference;
PageBe 1It Enacted by the Legislature of 7the CODING:State of Florida:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 752 576-03567-22 2022752c2 Be It Enacted by the Legislature of the State of Florida:
(a) If the court places the defendant on probation or into communityPage control1 forof a4 felony,CODING: the department shall provide immediate supervision by an officer employed in compliance with the minimum qualifications for officers as provided in s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 752 591-02279-22 2022752c1 community control for a felony, the department shall provide immediate supervision by an officer employed in compliance with the minimum qualifications for officers as provided in s.
A private entity Pagemay 2not ofprovide 7probationary CODING:or supervision services to felony or misdemeanor offenders sentenced or placed on probation or other supervision by the circuit court.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 752 576-03567-22 2022752c2 may not provide probationary or supervision services to felony or misdemeanor offenders sentenced or placed on probation or other supervision by the circuit court.
Paragraphs (a) and (d) of subsection (1) of section 948.03, Florida Statutes, are amended to read:
948.03 Terms and conditions of probation.— (1) The court shall determine the terms and conditions of probation.
Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered standard conditions of probation.
These conditions may include among them the following, that the probationer or offender in community control shall:
(a) Report to the probation officer as directed.
Such reporting requirements may be fulfilled through remote reporting if approved by the relevant probation officer, the relevant county probation authority or entity, or the Department of Corrections and if the court has not excluded the possibility of remote reporting by the defendant in his or her order of probation.
The probation officer shall schedule meetings required as a condition of probation at times and locations that take into consideration and accommodate the work schedule, family caregiver obligations, and medical care of the probationer unless doing so would cause a threat to public safety.
The Department of Corrections and county probation authorities or entities shall adopt and make available probation reporting policies that allow for remote reporting and consider the scheduling conflicts referenced in this paragraph.
(d) Remain within a specified place.
Section 3.
Subsection (2) of section 948.05, Florida Page 3 of 7 CODING:
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Show all 90 changed lines (50 more)
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 752 576-03567-22 2022752c2 Statutes, is amended to read:
948.05 Court to admonish or commend probationer or offender in community control;
graduated incentives.— (2) The department shall implement a system of graduated incentives to promote compliance with the terms of supervision, encourage stable employment, and prioritize the highest levels of supervision for probationers or offenders presenting the greatest risk of recidivism.
(a) As part of the graduated incentives system, the department may, without leave of court, offer the following incentives to a compliant probationer or offender in community control:
1.
Up to 25 percent reduction of required community service hours;
2.
Waiver of supervision fees;
3.
Reduction in frequency of reporting;
4.
Permission to report by mail or telephone;
or 5.
Transfer of an eligible offender to administrative probation as authorized under s.
948.013.
(b) The department may also incentivize positive behavior and compliance with recommendations to the court to modify the terms of supervision, including recommending:
1.
Permission to travel;
2.
Reduction of supervision type;
3.
Modification or cessation of curfew;
4.
Reduction or cessation of substance abuse testing;
or 5.
Early termination of supervision.
(c) The department shall, without leave of court, incentivize educational achievement by awarding a compliant Page 4 of 7 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 752 576-03567-22 2022752c2 probationer or offender in community control with a 60-day reduction of his or her term of supervision for each educational advancement activity he or she completes during the term of supervision.
As used in this paragraph, the term “educational advancement activity” means a high school equivalency degree, an academic degree, or a vocational certificate.
(d) A probationer or offender who commits a subsequent violation of probation may forfeit any previously earned probation incentive, as determined appropriate by his or her probation officer.
Section 4.
The chief judgePage In2 a county having a population of fewer4 thanCODING: 70,000, the county court judge, or the administrative judge of the county court in a county that has more than one county court judge, must approve the contract.
Terms of the contract must state, but are not limited to:
(a) The extent of the services to be rendered by the entity Page 5 of 7 CODING:
Florida Senate - 2022 CS for CS for SB 752 576-03567-22591-02279-22 2022752c22022752c1 providingjudge supervisionIn a county having a population of fewer than 70,000, the county court judge, or rehabilitation.the administrative judge of the county court in a county that has more than one county court judge, must approve the contract.
Terms of the contract must state, but are not limited to:
(a) The extent of the services to be rendered by the entity providing supervision or rehabilitation.
All records of the entity must be open to inspection uponPage the3 request of the4 county,CODING: the court, the Auditor General, the Office of Program Policy Analysis and Government Accountability, or agents thereof.
Section 5.
Subsection (6) of section 948.09, Florida Statutes, is amended to read:
948.09 Payment for cost of supervision and other monetary Page 6 of 7 CODING:
Florida Senate - 2022 CS for CS for SB 752 576-03567-22591-02279-22 2022752c22022752c1 obligations.—upon (6)the Therequest departmentof shallthe establishcounty, athe paymentcourt, planthe forAuditor allGeneral, costs ordered by the courtsOffice forof collectionProgram byPolicy theAnalysis department and aGovernment priorityAccountability, orderor foragents payments,thereof. except that victim restitution payments authorized under s.
948.03(1)(e)Section s.3.
948.03(1)(f) take precedence over all other court-ordered payments.
The department is not required to disburse cumulative amounts of less than $10 to individual payees established on this payment plan.
Section 6.
Page 74 of 74 CODING:
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View plain text versions (5)
- S 752 c1 View text pdf
- S 752 c2 View text pdf
- S 752 e1 View text pdf
- S 752 er View text Current pdf
- Introduced S 752 Filed pdf
Action History
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Chapter No. 2022-166
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Approved by Governor
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Signed by Officers and presented to Governor
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Ordered enrolled
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CS passed; YEAS 118, NAYS 0
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Read 3rd time
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Added to Third Reading Calendar
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Placed on 3rd reading
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Read 2nd time
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1st Reading (Engrossed 1)
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Bill added to Special Order Calendar (3/8/2022)
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Bill referred to House Calendar
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In Messages
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CS passed as amended; YEAS 38 NAYS 0
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Read 3rd time
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Amendment(s) adopted (945226)
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Read 2nd time
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CS/CS by Appropriations read 1st time
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Placed on Special Order Calendar, 03/03/22
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Placed on Calendar, on 2nd reading
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Pending reference review -under Rule 4.7(2) - (Committee Substitute)
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CS/CS by- Appropriations; YEAS 20 NAYS 0
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On Committee agenda-- Appropriations, 02/28/22, 10:30 am, 412 Knott Building
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Now in Appropriations
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Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Criminal and Civil Justice; YEAS 7 NAYS 0
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On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 02/16/22, 1:00 pm, 37 Senate Building
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CS by Criminal Justice read 1st time
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Now in Appropriations Subcommittee on Criminal and Civil Justice
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Criminal Justice; YEAS 9 NAYS 0
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On Committee agenda-- Criminal Justice, 01/25/22, 10:00 am, 110 Senate Building
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Introduced
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On Committee agenda-- Criminal Justice, 01/11/22, 1:30 pm, 110 Senate Building --Temporarily Postponed
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Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations
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Filed
Sponsors
- Appropriations · Primary
- Criminal Justice · Primary
- Gainer · Primary
- Perry · Cosponsor
- Jason W. B. Pizzo · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 2 co-sponsors · 159 not signed on
Sponsors (3)
- Appropriations
- Criminal Justice
- Gainer
Co-sponsors (2)
- Perry
- Pizzo, Jason W. B. No Party Affiliation
Not signed on (159)
159 members have not signed on to this bill.
Show all 159 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 0 | 0 | 0 |
| Republican | 45 | 0 | 0 | 1 |
| Democrat | 21 | 0 | 0 | 0 |
| Total | 118 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (119)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Yea |
| Aloupis | — | Yea |
| Geller | — | Yea |
| Bush | — | Yea |
| Killebrew | — | Yea |
| Slosberg-King | — | Yea |
| Byrd | — | Yea |
| Caruso | — | Yea |
| Latvala | — | Yea |
| Casello | — | Yea |
| Learned | — | Yea |
| Sprowls | — | Yea |
| Stevenson | — | Yea |
| Clemons | — | Yea |
| Mariano | — | Yea |
| Toledo | — | Yea |
| Tomkow | — | Yea |
| Diamond | — | Yea |
| Altman | — | Yea |
| Goff-Marcil | — | Yea |
| Renner | — | Yea |
| Grant | — | Yea |
| Roach | — | Yea |
| Bell | — | Yea |
| Grieco | — | Yea |
| Beltran | — | Yea |
| Hage | — | Yea |
| Benjamin | — | Yea |
| Harding | — | Yea |
| Rommel | — | Yea |
| Roth | — | Yea |
| Hawkins | — | Yea |
| Sabatini | — | Yea |
| Brown | — | Yea |
| Ingoglia | — | Yea |
| Silvers | — | Yea |
| Jenne | — | Yea |
| Drake | — | Yea |
| McCurdy | — | Yea |
| Duran | — | Yea |
| Willhite | — | Yea |
| Morales | — | Yea |
| Williams | — | Yea |
| Williamson | — | Yea |
| Fernandez-Barquin | — | Yea |
| Omphroy | — | Yea |
| Fetterhoff | — | Yea |
| Fine | — | Yea |
| Payne | — | Yea |
| Zika | — | Yea |
| Fischer | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Arrington, Kristen Aston | Democrat | Yea |
| Bartleman, Robin | Democrat | Yea |
| Campbell, Daryl | Democrat | Yea |
| Chambliss, Kevin D. | Democrat | Yea |
| Daley, Dan | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Hart-Lowman, Dianne "Ms Dee" | Democrat | Yea |
| Hinson, Yvonne Hayes | Democrat | Yea |
| Hunschofsky, Christine | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| Nixon, Angela "Angie" | Democrat | Yea |
| Rayner, Michele K. | Democrat | Yea |
| Robinson, Felicia Simone | Democrat | Yea |
| Skidmore, Kelly | Democrat | Yea |
| Smith, Carlos Guillermo | Democrat | Yea |
| Tant, Allison | Democrat | Yea |
| Woodson, Marie Paule | Democrat | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Barnaby, Webster | Republican | Not Voting |
| Borrero, David | Republican | Yea |
| Botana, Adam | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Busatta, Demi | Republican | Yea |
| Chaney, Linda | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Fabricio, Tom | Republican | Yea |
| Garrison, Sam | Republican | Yea |
| Giallombardo, Mike | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Koster, Traci | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Maney, Patt | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| McFarland, Fiona | Republican | Yea |
| Melo, Lauren | Republican | Yea |
| Mooney Jr., James Vernon "Jim" | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Persons-Mulicka, Jenna | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Rizo, Alex | Republican | Yea |
| Robinson Jr., William Cloud "Will" | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Salzman, Michelle | Republican | Yea |
| Shoaf, Jason | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Smith, David | Republican | Yea |
| Snyder, John | Republican | Yea |
| Trabulsy, Dana | Republican | Yea |
| Truenow, Keith L. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Tuck, Kaylee | Republican | Yea |
| Vacant | Republican | Yea |
| Valdés, Susan L. | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 13 | 0 | 0 | 0 |
| Unaffiliated | 20 | 0 | 0 | 1 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Perry | — | Yea |
| Cruz | — | Yea |
| Brandes | — | Not Voting |
| Diaz | — | Yea |
| Ausley | — | Yea |
| Farmer | — | Yea |
| Powell | — | Yea |
| Baxley | — | Yea |
| Gainer | — | Yea |
| Rodrigues | — | Yea |
| Bean | — | Yea |
| Gibson | — | Yea |
| Book | — | Yea |
| Stargel | — | Yea |
| Stewart | — | Yea |
| Bracy | — | Yea |
| Taddeo | — | Yea |
| Hutson | — | Yea |
| Torres | — | Yea |
| Simpson | — | Yea |
| Broxson | — | Yea |
| Berman, Lori | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 0 |
| Unaffiliated | 14 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Book | — | Yea |
| Bracy | — | Yea |
| Brandes | — | Yea |
| Broxson | — | Yea |
| Diaz | — | Yea |
| Gainer | — | Yea |
| Gibson | — | Yea |
| Hutson | — | Yea |
| Perry | — | Yea |
| Powell | — | Yea |
| Stewart | — | Yea |
| Bean | — | Yea |
| Stargel | — | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 1 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Bracy | — | Yea |
| Gainer | — | Yea |
| Torres | — | Yea |
| Perry | — | Yea |
| Baxley | — | Not Voting |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 1 |
| Republican | 2 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 1 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Bean | — | Yea |
| Perry | — | Yea |
| Powell | — | Yea |
| Taddeo | — | Yea |
| Brandes | — | Yea |
| Gainer | — | Not Voting |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Burgess, Danny | Republican | Yea |
| Hooper, Ed | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 752 do?
- Probationary or Supervision Services for Misdemeanor Offenders; Authorizing the Department of Corrections to supervise certain misdemeanor offenders; deleting a prohibition on private entities providing probationary or supervision services to certain misdemeanor offenders; requiring the department to reduce a probationer’s or offender’s supervision term by a specified amount of time for completing an educational advancement activity; authorizing a private or public entity to provide probation services and other specified programming to misdemeanor offenders, etc.
- Who sponsors SB 752?
- SB 752 is sponsored by Appropriations, Criminal Justice, Gainer, Perry, and Pizzo, Jason W. B. (No Party Affiliation).
- What is the current status of SB 752?
- This bill has been enacted into law. Introduced November 02, 2021. Enacted.
- Where can I track SB 752?
- Track SB 752 free on One Click Politics — get push/email alerts when it moves.
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