99-8; s. 3, ch. s. 17, ch. The offender may elect to waive or discontinue participation in an alternative sanctioning program at any time before the issuance of a court order imposing the recommended sanction. If the qualified practitioner determines that sexual offender treatment is needed and recommends treatment, the probationer or community controllee must successfully complete and pay for the treatment. s. 23, ch. Such services may include, but are not limited to, assistance with housing, health care, education, substance abuse treatment, and employment. Promote accountability of offenders to their community by requiring financial restitution to victims of crime and by requiring public service to be performed for local governments and community agencies. }); $(document).ready(function() { The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. Any committing trial court judge may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control. In violation cases involving positive drug tests, the State has the burden of proving by substantial, competent evidence that an illegal drug was present in a defendants body. Centers to which offenders report during the day. 97-107; s. 27, ch. 2005-28; s. 12, ch. Reddix, 12 So. 96-232; s. 54, ch. 3d at 328; Thomas, 711 So. That court shall advise him or her of the charge of a violation and, if such charge is admitted, shall cause him or her to be brought before the court that granted the probation or community control. 2d 1020, 1021-22 (Fla. 5th DCA 2002);Curry v. State, 379 So. Risk assessment means an assessment completed by a qualified practitioner to evaluate the level of risk associated when a sex offender has contact with a child. See all advice on Criminal defense Can't find what you're looking for? 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. 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. Numerous Florida Appellate decisions demonstrate the technical requirements for proving a positive drug result in the context of a probation revocation proceeding: A trial may revoke probation based solely on the testimony of a probation officer regarding a positive drug result where the officer is certified by the State to administer such tests. May order the person to be taken before the court that granted the probation or community control if the person admits the violation. 2010-92; s. 16, ch. If an offender waives or discontinues participation in an alternative sanctioning program, the probation officer may submit a violation report, affidavit, and warrant to the court in accordance with this section. The only evidence of a willful violation was the testimony of the drug treatment programs records custodian, in which he stated that the chart showed that defendant tested positive for alcohol. Whenever an offender is required by the court to participate in any work program under the provisions of this chapter, enters into the pretrial intervention program pursuant to s. 948.08, or volunteers to work in a supervised work program conducted by a specified state, county, municipal, or community service organization or to work for the victim, either as an alternative to monetary restitution or as a part of the rehabilitative or community control program, the offender shall be considered an employee of the state for the purposes of chapter 440. 2005-2; s. 11, ch. At hearing, the prosecution must prove by the greater weight of the evidence that a defendant committed a violation that was both willful and substantial in nature. 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. If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendants Criminal Punishment Code scoresheet total sentence points are 60 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. Requirement to submit to drawing of blood or other biological specimens. 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. A defendant who is placed on probation or community control for a violation of chapter 794 or chapter 827 is subject to the maximum level of supervision provided by the supervising agency, and that supervision shall continue through the full term of the court-imposed probation or community control. Probation means a form of community supervision requiring specified contacts with probation officers and other terms and conditions as provided in s. 948.03. 83-75; s. 16, ch. 2003-18; s. 1, ch. If this sentencing alternative to incarceration is utilized, the court shall: Determine what community-based sanctions will be imposed in the community control plan. Hours of Operation: 7:00 am to 5:00 pm. The safety plan must be reviewed and approved by the court; and. 98-280; s. 12, ch. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4) or by the veterans treatment intervention team, if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment or return the charges to the criminal docket for prosecution. About. When restitution or public service is ordered by the court, the amount of restitution or public service may not be greater than an amount which the offender could reasonably be expected to pay or perform. Effective for a probationer or community controllee whose crime was committed on or after October 1, 2014, and who is placed on probation or community control for a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition to all other conditions imposed, the court must impose a condition prohibiting the probationer or community controllee from viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program. Not later than 3 working days before the hearing on the motion, the department shall forward to the court all relevant material on the offenders progress while in custody. While enrolled in a pretrial intervention program authorized by this subsection, the participant shall be subject to a coordinated strategy developed by a veterans treatment intervention team. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089, it shall state on the record in detail the reasons therefor. The 1,000-foot distance shall be measured in a straight line from the offenders place of residence to the nearest boundary line of the school, child care facility, park, playground, or other place where children congregate. 94-290; s. 41, ch. Rehabilitative community reentry programs that provide services that assist offenders in successfully reentering the community. 2d at 195. 2d at 571; Ely v. State, 719 So. 2007-210; s. 29, ch. 2014-160; s. 4, ch. Submit to the drawing of blood or other biological specimens as prescribed in ss. 2002-387; s. 1, ch. Circumstances under which revocation of an offenders probation may be recommended. If a defendant who has been sentenced to a split sentence pursuant to subsection (1) is transferred to the custody of the Department of Children and Families pursuant to part V of chapter 394, the period of probation or community control is tolled until such person is no longer in the custody of the Department of Children and Families. Any entity, whether public or private, providing a pretrial substance abuse education and treatment intervention program under this subsection must contract with the county or appropriate governmental entity, and the terms of the contract must include, but need not be limited to, the requirements established for private entities under s. 948.15(3). When court may impose fine and place on probation or into community control as an alternative to imprisonment. 2005-28; s. 115, ch. Additional terms and conditions of probation or community control for certain sex offenses. 90-337; s. 1, ch. 98-251; s. 122, ch. 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 as defined in this section on or after the effective date of this act. 2005-28; s. 4, ch. 2004-373; s. 7, ch. 2003-63; s. 18, ch. A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, a qualified practitioner in the sexual offender treatment program, and the sentencing court. 2004-373; s. 3, ch. Work faithfully at suitable employment insofar as may be possible. iots probation florida Menu. Copyright 2000- 2023 State of Florida. 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. 2017-107; s. 9, ch. 27, 28, 41, ch. By December 1, 2005, the department shall develop a graduated risk assessment that identifies, assesses, and closely monitors a high-risk sex offender who is placed on probation or in community control and who: Has previously been placed on probation or in community control and has a history of committing multiple violations of community supervision in this state or in any other jurisdiction or has previously been incarcerated in this state or in any other jurisdiction; and. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. The court may not provide credit for time served for any portion of a probation or community control term toward a subsequent term of probation or community control. 2010-92; s. 9, ch. The assessment of population status by the public safety coordinating council of all correctional facilities owned or contracted for by the county or by each county within the consortium. 83-256; s. 8, ch. 3d 749 (Fla. 1st DCA 2011). Such community service shall be performed at a time other than during such persons regular hours of employment. 91-225; s. 8, ch. Submit to random testing as directed by the probation officer or the professional staff of the treatment center where he or she is receiving treatment to determine the presence or use of alcohol or controlled substances. 67-204; ss. 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 before the court for sentencing, would exceed the maximum penalty allowable as provided by s. 775.082. 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