$('label.menu-img6').wrap(''); 2004-373; s. 14, ch. 20519, 1941; s. 19, ch. The offender has been transferred outside the state under an interstate compact adopted pursuant to chapter 949. Provide sanctions, services, treatment, and alternative punishments that are available to the judge at sentencing and for pretrial intervention. 90-337; s. 15, ch. If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date. Post a free question on our public forum. As used in this subsection, good faith effort means the offender is enrolled in a program of instruction and is attending and making satisfactory progress toward completion of the requirements. The fees the entity charges for court-ordered services and its procedures, if any, for handling indigent offenders. Florida attained statehood on March 3, 1845, becoming the 27 th state to join the union. 91-225; ss. Mailing address:Pinellas County Sheriff's Office It is the intent of the Legislature that cities and counties or combinations thereof have the option to develop, establish, and maintain community programs to provide the judicial system with community alternatives for certain nonviolent offenders who may require less than institutional custody but more than probation supervision pursuant to this chapter. The court may consult with a local offender advisory council pursuant to s. 948.90 with respect to the placement of an offender into community control. You should have received a letter providing this information to you or you could call your defense attorney. Form DC2-350 can be obtained from the offender's Correctional Probation Officer. Inept or negligent conduct by a defendant cannot, by itself, support the willfulness prong required to make a finding of violation of probation. 2016-127; s. 29, ch. Procedures for accessing criminal history records of probationers. Procedures for handling indigent offenders which ensure placement irrespective of ability to pay. 2001-48; s. 16, ch. 93-37; s. 15, ch. The department shall establish a payment plan for all costs ordered by the courts for collection by the department and a priority order for payments, except that victim restitution payments authorized under s. 948.03(1)(f) take precedence over all other court-ordered payments. 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. Death rates per 100,000 for four groupings . Misdemeanor Probation. 2017-115. Submit to the drawing of blood or other biological specimens as prescribed in ss. 10750 Ulmerton Road Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, the sentencing court may place the defendant into a postadjudicatory treatment-based drug court program if the defendants Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 60 points or fewer, the offense is a nonviolent felony, the defendant is amenable to substance abuse treatment, and the defendant otherwise qualifies under s. 397.334(3). 20519, 1941; s. 5, ch. 97-102; s. 11, ch. 91-280; s. 14, ch. An offenders participation in an alternative sanctioning program is voluntary. Extend the average length of supervision and commitment to a correctional program for those sentenced to community corrections programs beyond the actual time that they would have received at the state level. s. 1, ch. Such services may include, but are not limited to, assistance with housing, health care, education, substance abuse treatment, and employment. 3d 327 (Fla. 4th DCA 2009). $('label.menu-img4-2').wrap(''); This paragraph does not prohibit the department from making any other report or recommendation that is provided for by law or requested by the court. 2016-24; s. 13, ch. 1, 16, ch. s. 20, ch. Providing a mechanism whereby all offenders with needs for services will be linked to appropriate agencies and individuals. In either case, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies. The right against self-incrimination remains applicable, however, with regard to conduct and circumstances concerning a separate criminal offense. The court, as soon as is practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel. 2016-24; s. 1, ch. 2004-11; ss. 2010-113. The program shall offer the courts and the Florida Commission on Offender Review an alternative, community-based method to punish an offender in lieu of incarceration and shall provide intensive supervision to closely monitor compliance with restrictions and special conditions, including, but not limited to, treatment or rehabilitative programs. 2000-246; s. 17, ch. 2013-118. Effective for an offense committed on or after July 1, 1998, and before October 1, 2017, a person is ineligible for placement on administrative probation if the person is sentenced to or is serving a term of probation or community control, regardless of the conviction or adjudication, for committing, or attempting, conspiring, or soliciting to commit, any of the felony offenses described in s. 787.01 or s. 787.02, where the victim is a minor and the defendant is not the victims parent; s. 787.025; s. 787.06(3)(g); chapter 794; former s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s. 847.0145. The program may include the use of graduated sanctions consistent with the conditions imposed by the court. Special terms and conditions of probation or community control imposed by court order. A veteran, as defined in s. 1.01, including a veteran who is discharged or released under a general discharge, 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, and who is charged with a misdemeanor is eligible for voluntary admission into a misdemeanor pretrial veterans treatment intervention program approved by the chief judge of the circuit, for a period based on the programs requirements and the treatment plan for the offender, upon motion of either party or the courts own motion. This statute does not, however, relieve the trial court of its obligation to make a finding that the probationer has the ability to pay. The existence of treatment modalities that the offender could use but that do not currently exist in the community. 75-301; s. 3, ch. The original sentencing court shall relinquish jurisdiction of the defendants case to the postadjudicatory drug court program until the defendant is no longer active in the program, the case is returned to the sentencing court due to the defendants termination from the program for failure to comply with the terms thereof, or the defendants sentence is completed. 2016-127; ss. 2010-64; s. 19, ch. 2d 1281 (Fla. 4th DCA 2002), a trial court had revoked defendants probation because of failure to complete a drug treatment program. In McCray v. State, 754 So. Intensive supervision for postprison release of violent offenders. The department shall review the circumstances related to an offender placed on probation or community control who has been arrested while on supervision for the following offenses: Any sexual battery as provided in s. 794.011 or s. 794.023; Any sexual performance by a child as provided in s. 827.071; Any kidnapping, false imprisonment, or luring of a child as provided in s. 787.01, s. 787.02, or s. 787.025; Any lewd and lascivious battery or lewd and lascivious molestation as provided in s. 800.04(4) or (5); Any aggravated child abuse as provided in s. 827.03(2)(a); Any robbery with a firearm or other deadly weapon, home invasion robbery, or carjacking as provided in s. 812.13(2)(a), s. 812.135, or s. 812.133; Any aggravated stalking as provided in s. 784.048(3), (4), or (5); Any forcible felony as provided in s. 776.08, committed by a person on probation or community control who is designated as a sexual predator; or. 2013-15; s. 36, ch. $('label.menu-img2').wrap(''); The offender is otherwise qualified to participate in a postadjudicatory mental health court program under s. 394.47892(4) or a military veterans and servicemembers court program under s. 394.47891. A single missed appointment with a probation officer, where a valid explanation is proffered, is insufficient to demonstrate willful and substantial noncompliance with probation. 83-228; s. 5, ch. The court, in determining whether to order such repayment and the amount of the repayment, shall consider the amount of the debt, whether there was any fault of the institution for the medical expenses incurred, the financial resources of the felony probationer, the present and potential future financial needs and earning ability of the probationer, and dependents, and other appropriate factors. Any offender placed under supervision who violates the terms and conditions of supervision and is restored to supervision may be supervised by means of an electronic monitoring device or system if ordered by the court. Any probation officer, any officer authorized to serve criminal process, or any peace officer of this state is authorized to serve and execute such warrant. If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as provided in this paragraph. A description of programs offered for the job placement and treatment of offenders in the community. 91-280; s. 20, ch. If you have been accused of violating probation or community control, you may have defenses available to contest the charge or minimize potential penalties. 2d 1072, 1073 (Fla. 5th DCA 2001); Dearing v. State,388 So. A private entity that provides court-ordered services to offenders and that charges a fee for such services must register with the board of county commissioners in the county in which the services are offered. 2007-2; s. 2, ch. Playground has the same meaning as provided in s. 775.215. Unlawful throwing, placing, or discharging of a destructive device or bomb under s. 790.161(2), (3), or (4). Statutes, Video Broadcast 2000-135; s. 120, ch. 97-78; s. 1877, ch. s. 23, ch. 83-216; s. 3, ch. 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