1, 15, ch. The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. However, the probationer or offender shall not be released and shall not be admitted to bail, but shall be brought before the court that granted the probation or community control if any violation of felony probation or community control other than a failure to pay costs or fines or make restitution payments is alleged to have been committed by: A violent felony offender of special concern, as defined in this section; 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 as defined in this section; or. Forge a partnership between the state and the correctional and public safety programs and facilities within a county or consortium of counties so that state funds may be effectively contractually disbursed to counties or county consortiums to build and operate corrections and public safety programs. In addition, the entity shall supply the chief judges office with a quarterly report summarizing the number of offenders supervised by the private entity, payment of the required contribution under supervision or rehabilitation, and the number of offenders for whom supervision or rehabilitation will be terminated. Perry v. State,778 So. iots probation florida Menu. Thus, revoking probation for failure to pay costs without a finding that the probationer had the ability to pay requires reversal. 2d 1197 (Fla. 1st DCA 2004). 2005-28; s. 115, ch. Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state. In the case of an alleged violation of probation or community control other than a failure to pay costs, fines, or restitution, the following individuals shall remain in custody pending the resolution of the probation or community control violation: If the court, after conducting the hearing required by paragraph (d), determines that a violent felony offender of special concern has committed a violation of probation or community control other than a failure to pay costs, fines, or restitution, the court shall: Make written findings as to whether or not the violent felony offender of special concern poses a danger to the community. The protocol of sanctions may include, but is not limited to, placement in a substance abuse treatment program offered by a licensed service provider as defined in s. 397.311 or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. 2d at 414. Placement in such a facility or center may not exceed 364 days. The department shall supervise pretrial intervention programs for persons charged with a crime, before or after any information has been filed or an indictment has been returned in the circuit court. s. 26, ch. 77-120; s. 1, ch. 2014-4; s. 22, ch. 2017-37; s. 15, ch. 1 0 obj
However, if the term of years imposed by the court extends to within 2 years of the maximum sentence for the offense, the probation or community control portion of the split sentence must extend for the remainder of the maximum sentence. Sepulveda, 909 So. The one-stop shop for probationers, parolees, and anyone else making community correction payments. 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. Batterers intervention program as a condition of probation, community control, or other court-ordered community supervision. Moreover, no violation can be found where the offense complained of occurred prior to the defendant being placed on probation by the judgment and sentence. 2017-115. 93-37; s. 15, ch. }); $(document).ready(function() {
Appointments are available two Saturdays per month. If the offender does not meet the terms and conditions of probation or community control, the court may revoke, modify, or continue the probation or community control as provided in s. 948.06. Clearwater, FL 33762. Refunds Email Support: orange-fl@feeservice.com Stay Compliant: be sure you have enough money in your account to report by phone every month 2017-115. 2010-64; s. 19, ch. s. 15, ch. 2000-246; s. 4, ch. 2013-15; s. 36, ch. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. The chief judge of each judicial circuit may direct the department to use a notification letter of a technical violation in appropriate cases in lieu of a violation report, affidavit, and warrant or a notice to appear when the alleged violation is not a new felony or misdemeanor offense. 2016-24; s. 1, ch. Playground has the same meaning as provided in s. 775.215. A nonviolent felony that includes a third degree felony violation of chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08; Resisting an officer with violence under s. 843.01, if the law enforcement officer and state attorney consent to the defendants participation; Battery on a law enforcement officer under s. 784.07, if the law enforcement officer and state attorney consent to the defendants participation; or. 97-102; s. 13, ch. 2001-266; s. 19, ch. 97-78; s. 1876, ch. 2016-24; s. 18, ch. 89-526; s. 13, ch. However, a timely affidavit of violation cannot be amended after the expiration of the probationary period to add charges not contained in an earlier, timely affidavit. Upon such referral, the department shall make the following report in writing at a time specified by the court prior to sentencing. Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court. The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact; A safety plan prepared by the qualified practitioner, who provides treatment to the offender, in collaboration with the sex offender, the childs parent or legal guardian, if the parent or legal guardian is not the sex offender, and the child, when age appropriate, which details the acceptable conditions of contact between the sex offender and the child. Establish, in cooperation with the governing bodies of counties and municipalities and with school boards, a program to provide technical assistance, education, and training to local governments, nonprofit entities and agencies, and public safety coordinating councils regarding community corrections and the provisions of this section. 85-62; s. 4, ch. Florida attained statehood on March 3, 1845, becoming the 27 th state to join the union. 23, 24, ch. Thompson v. State,890 So. In meeting this standard, the State must present competent evidence sufficient to support a finding of guilt. 96-409; s. 3, ch. A requirement that the probationer or community controllee make restitution to the victim, as ordered by the court under s. 775.089, for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. Caseloads should be restricted to a maximum of 30 cases per officer in order to ensure an adequate level of staffing. The full report shall include: A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made; nature of the plea agreement, including the number of counts waived, the pleas agreed upon, the sentence agreed upon, and any additional terms of agreement; and, at the offenders discretion, his or her version and explanation of the criminal activity. Work faithfully at suitable employment insofar as may be possible. As a condition of probation, community control, or any other court-ordered community supervision, the court shall order offenders to submit to the drawing of the blood or other biological specimens when required under s. 943.325 as a condition of the probation, community control, or other court-ordered community supervision. As used in this subsection, 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; The court determines that the offender is amenable to the services of a postadjudicatory treatment-based drug court program; The court has explained the purpose of the program to the offender and the offender has agreed to participate; and. 99-3; ss. Notwithstanding any other provision of this section, a felony probationer or an offender in community control who is arrested for violating his or her probation or community control in a material respect may be taken before the court in the county or circuit in which the probationer or offender was arrested. The court may grant early termination of community control, probation, or probation following incarceration upon the offenders successful completion of the approved program. 2008-172; s. 18, ch. Community corrections assistance to counties or county consortiums. 2009-63; s. 3, ch. 88-122; s. 7, ch. 3, 6, 7, 30, ch. Any person being electronically monitored by the department as a result of being placed on supervision shall pay the department for the electronic monitoring services as provided in s. 948.09(2). Contact Hussein & Webber, PL for a free consultation. The offenders present conduct, including criminal convictions. Rehabilitative community reentry programs that provide services that assist offenders in successfully reentering the community. s. 16, ch. 2d 1174, 1174 (Fla. 2d DCA 1999). 2001-242; s. 5, ch. 2016-127; s. 30, ch. Any person being electronically monitored by the department as a result of being placed on supervision shall pay the department for electronic monitoring services at a rate that may not exceed the full cost of the monitoring service in addition to the cost of supervision as directed by the sentencing court. The satisfactory completion of the program shall be a condition of the defendants probation or community control. An officer who supervises an offender placed on sex offender probation or sex offender community control must meet as necessary with a treatment provider and polygraph examiner to develop and implement the supervision and treatment plan, if a treatment provider and polygraph examiner specially trained in the treatment and monitoring of sex offenders are reasonably available. The offenders sentencing status, including whether the offender is a first offender, a habitual or violent offender, a youthful offender, or is currently on probation. Upon referral to the council by the circuit court, determining if an appropriate behavioral contract can be developed with an offender in a community program as an alternative to incarceration, and providing findings and recommendations to the referring judge. }); $(document).ready(function() {
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