When court may impose fine and place on probation or into community control as an alternative to imprisonment. 2017-115. 2004-373; s. 151, ch. 2005-67; s. 31, ch. (1) "Administrative probation" means a form of no contact, nonreporting supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to this type of reduced level of supervision, as provided in s. 948.013. Subsection (2) former s. 948.01(10); subsection (9) former s. 948.01(9); subsection (10) former s. 948.01(5). 91-280; s. 14, ch. Community control means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Nonprofit horse rescue and rehab faciIity which uses the horses for therapy with aduIts and chiIdren with mentaI,physicaI and emotionaI difficuIties. Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any probation officer may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and return him or her to the court granting such probation or community control. 59-130; s. 2, ch. 2006-1; s. 28, ch. The court shall dismiss the charges upon finding that the defendant has successfully completed the pretrial intervention program. Develop minimum standards, policies, and administrative rules for the statewide implementation of this section. Thus, a finding of violation will not stand if sufficient time remains within the probationary period for completion of the program. 58, 73, ch. The court may designate another 8-hour period if the offenders employment precludes the above specified time, and the alternative is recommended by the Department of Corrections. <>>> 89-308; s. 6, ch. The offender is exempt from further payment for the cost of supervision as required in s. 948.09. 92-310; s. 3, ch. The law provides that: Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, the probationary period is tolled until the court enters a ruling on the violation. Thus, revoking probation for failure to pay costs without a finding that the probationer had the ability to pay requires reversal. Except as provided in s. 944.4731(2)(b) and subsection (6), the period of probation or community control shall commence immediately upon the release of the defendant from incarceration, whether by parole or gain-time allowances. 96-312; s. 1878, ch. If you do not want your e-mail address to be subject to being released pursuant to a public-records request do not send electronic mail to this entity. Upon the request of the chief judge of the circuit, the Department of Corrections shall establish a community service program for a county, which program may include, but is not limited to, any of the following types of community service: Maintenance work on any property or building owned or leased by any state, county, or municipality or any nonprofit organization or agency. Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision. The state attorney, or the statewide prosecutor if applicable, shall advise the court at each critical stage in the judicial process, at which the state attorney or statewide prosecutor is represented, whether an alleged or convicted offender is a violent felony offender of special concern; a person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense; or a person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b), a three-time violent felony offender as defined in s. 775.084(1)(c), or a sexual predator under s. 775.21, and who is arrested for committing a qualifying offense on or after the effective date of this act. The qualified practitioners opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child. The court shall determine, by written finding, whether the defendant successfully completed the pretrial intervention program. 2008-250; s. 6, ch. This statute does not, however, relieve the trial court of its obligation to make a finding that the probationer has the ability to pay. 2d at 1267 (citing Chatman v. State, 365 So. Abuse of a dead human body under s. 872.06. 83-131. If the amount financed hereunder is over $500.00 then that portion of the finance charge over $30.00 will be refunded based on the "Rule of 78s. Any person whose charges are dismissed after successful completion of the treatment-based drug court program, if otherwise eligible, may have his or her arrest record and plea of nolo contendere to the dismissed charges expunged under s. 943.0585. 85-288; s. 1, ch. 85-288; s. 14, ch. 2014-4; s. 61, ch. School has the same meaning as provided in s. 775.215. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). A $1.00 convenience fee will be applied. If such violation of probation or community control is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing, or it may dismiss the charge of probation or community control violation. The defendant was then violated when he did not report home due to car trouble. 2000-246; s. 28, ch. The Misdemeanor Probation Unit monitors and enforces compliance to court ordered conditions on offenders sentenced to probation for misdemeanor offenses. . Treatment may not be administered by a qualified practitioner who has been convicted or adjudicated delinquent of committing, or attempting, soliciting, or conspiring to commit, any offense that is listed in s. In McCray v. State, 754 So. After the court orders the modification of community control or probation, the original sentencing court shall relinquish jurisdiction of the offenders case to the postadjudicatory mental health court program until the offender is no longer active in the program, the case is returned to the sentencing court due to the offenders termination from the program for failure to comply with the terms thereof, or the offenders sentence is completed. 1 0 obj $('label.menu-img6-2').wrap(''); 83-75; s. 16, ch. }); $(document).ready(function() { 77-428; s. 1, ch. (FDOC, Annual Report 1995-1996). The court found that that this testimony was hearsay and, since it was the only evidence introduced on that issue, it could not serve as the sole basis for a revocation of probation. Any unauthorized use of this information is forbidden and subject to criminal prosecution. 2008-172; s. 4, ch. endobj 2010-113; s. 30, ch. Any person whose charges are dismissed after successful completion of the misdemeanor pretrial veterans treatment intervention program, if otherwise eligible, may have his or her arrest record of the dismissed charges expunged under s. 943.0585. Refunds Email Support: [email protected] Stay Compliant: be sure you have enough money in your account to report by phone every month Programs, services, and facilities that may be funded under this section include, but are not limited to: Specialized divisions within the circuit or county court established for the purpose of hearing specific types of cases, such as drug cases or domestic violence cases. No part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he or she shall be sentenced to serve. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. Safety plan means a written document prepared by the qualified practitioner, in collaboration with the sex offender, the childs parent or legal guardian, and, when appropriate, the child which establishes clear roles and responsibilities for each individual involved in any contact between the child and the sex offender. Subsection (1) former s. 948.03(2); subsection (3) former s. 948.01(14). 1, 15, ch. See all advice on Criminal defense Can't find what you're looking for? $('label.menu-img5').wrap(''); State vs. Carter, 835 So. Effective for a probationer or community controllee whose crime is committed on or after July 1, 2012, and who is a veteran, as defined in s. 1.01, or servicemember, as defined in s. 250.01, who suffers from a military service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem, the court may, in addition to any other conditions imposed, impose a condition requiring the probationer or community controllee to participate in a treatment program capable of treating the probationers or community controllees mental illness, traumatic brain injury, substance abuse disorder, or psychological problem. In either case, the court shall stay and withhold the imposition of sentence upon the defendant and shall place a felony defendant upon probation. As used in this section, the term nonviolent felony means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08. Sexual battery or attempted sexual battery under s. 794.011(2), (3), (4), or (8)(b) or (c). 83-216; s. 3, ch. }); $(document).ready(function() { Caseloads of such officers should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing and supervision. 2003-142; ss. Caseloads should be restricted to a maximum of 30 cases per officer in order to ensure an adequate level of staffing. Maintenance work on any state-owned, county-owned, or municipally owned road or highway. Such direction must be in writing and must specify the types of specific technical violations which are to be reported by a notification letter of a technical violation, any exceptions to those violations, and the required process for submission. }); $(document).ready(function() { 83-131; s. 5, ch. However, the court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or community control for offenses pending before the court for sentencing, would exceed the maximum penalty allowable as provided in s. 775.082. 91-280; ss. As a condition of community control, probation, or probation following incarceration, the court may require an offender who has not obtained a high school diploma or high school equivalency diploma or who lacks basic or functional literacy skills, upon acceptance by an adult education program, to make a good faith effort toward completion of such basic or functional literacy skills or high school equivalency diploma, as defined in s. 1003.435, in accordance with the assessed adult general education needs of the individual offender. If the state attorney establishes, by a preponderance of the evidence at such hearing, that the defendant was involved in dealing or selling controlled substances, the court shall deny the defendants admission into the pretrial intervention program. 70, 71, ch. 83-216; s. 37, ch. If the violation is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing. The county where the arrested person is booked shall provide the following information to the court at the time of the first appearance: State and national criminal history information; All criminal justice information available in the Florida Crime Information Center and the National Crime Information Center; and. Pay not more than $1 per month during the term of probation or community control to a nonprofit organization established for the sole purpose of supplementing the rehabilitative efforts of the Department of Corrections. 2004-373; s. 116, ch. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of probation, the period may not exceed 364 days, and incarceration shall be restricted to either a county facility, or a probation and restitution center under the jurisdiction of the Department of Corrections. 2002-387; s. 1, ch. Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section. 83-131; s. 192, ch. 11, 15, ch. Any burglary offense or attempted burglary offense that is either a first degree felony or second degree felony under s. 810.02(2) or (3). 2d at 195. 88-122; s. 37, ch. These funds shall be used by the department to pay for correctional probation officers training and equipment, including radios, and firearms training, firearms, and attendant equipment necessary to train and equip officers who choose to carry a concealed firearm while on duty. The offenders financial status, including total monthly income and estimated total debts. The process for reporting technical violations through the alternative sanctioning program, including approved forms. xZ[o~G*'{EYy rb}d;wfH E.Cr8o*>}77Mpwqt}2 L? Id. Staff qualifications and criminal record checks of staff. 2013-15; s. 17, ch. 81-198; s. 3, ch. 93-61; s. 42, ch. 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