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 circuit court, when the defendant in a criminal case has been found guilty or has entered a plea of nolo contendere or guilty and has a lowest permissible sentence under the Criminal Punishment Code of any nonstate prison sanction, may refer the case to the department for investigation or recommendation. Upon completion of the sanctions imposed and before the expiration of the community control term ordered by the court, the department may petition the court to terminate early the supervision of the offender from community control supervision or to return the offender to a program of regular probation supervision for the remainder of the term. The offender has an employment handicap, as determined by a physical, psychological, or psychiatric examination. 3d 327 (Fla. 4th DCA 2009). On these facts, the Third District Court of Appeal held that the defendants failure to keep sufficient funds on hand to enable him to make an emergency telephone call, or his failure to have the presence of mind to attempt to contact his community control officer through a family member, was mere negligence or inept conduct, and was insufficient to demonstrate a willful violation. The state attorney shall make the final determination as to whether the prosecution shall continue. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. A polygraph examination must be conducted by a polygrapher who is a member of a national or state polygraph association and who is certified as a postconviction sex offender polygrapher, where available, and shall be paid for by the probationer or community controllee. The offenders medical history and, as appropriate, a psychological or psychiatric evaluation. Centers to which offenders report during the day. 943.325 and 948.014, and reimburse the appropriate agency for the costs of drawing and transmitting the blood or other biological specimens to the Department of Law Enforcement. Decide whether to revoke the probation or community control. The department may collect an initial processing fee of up to $50 for each probationer transferred to administrative probation. Photocopies cannot be processed. 85-288; s. 37, ch. Report by January 1 of each year to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the effectiveness of participating counties and county consortiums in diverting nonviolent offenders from the state prison system. 2004-373; s. 7, ch. 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. At the end of the intervention period, the administrator shall recommend: That the case revert to normal channels for prosecution in instances in which the offenders participation in the program has been unsatisfactory; That the offender is in need of further supervision; or. 2005-28; s. 3, ch. 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. 97-194; s. 20, ch. 99-201; s. 3, ch. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. 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. If the court dismisses an affidavit alleging a violation of probation or community control, the offenders probation or community control shall continue as previously imposed, and the offender shall receive credit for all tolled time against his or her term of probation or community control. 91-280; s. 1877, ch. 2014-4; s. 61, ch. Placement in such a facility or center may not exceed 364 days. 85-340; ss. Under Section 948.06(5), Florida Statutes, the burden is on the probationer to prove by clear and convincing evidence his inability to pay, once non-payment has been established. 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. Death rates per 100,000 for four groupings . Misdemeanor Probation. When any state or local law enforcement agency investigates or arrests a person for committing, or attempting, soliciting, or conspiring to commit, a violation of s. 787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, or s. 847.0145, the law enforcement agency shall contact the Department of Corrections to verify whether the person under investigation or under arrest is on probation, community control, parole, conditional release, or control release. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program. We recommend mailing your payments or paying online NO later than the 25th of the month, so that there is enough time for them to be received, processed and credited to your account in time to make your call the following month. 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. A defendant who is charged with a misdemeanor and identified as having a mental illness is eligible for voluntary admission into a misdemeanor pretrial mental health court program established pursuant to s. 394.47892, approved by the chief judge of the circuit, for a period to be determined by the court, based on the clinical needs of the defendant, upon motion of either party or the courts own motion. 99-3; s. 1, ch. 1 0 obj 2005-28; s. 115, ch. 90-287; ss. }); $(document).ready(function() { You made it to this page - not sure why you couldn't Google the number! Hours of Operation: In a county having a population of fewer than 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. Caseloads should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing. However, community corrections assistance funds may be used to acquire, renovate, and operate county-owned residential probation facilities or programs. The coordinated strategy should be modeled after the therapeutic jurisprudence principles and key components in s. 397.334(4), with treatment specific to the needs of veterans and servicemembers. When the court imposes a subsequent term of supervision following a revocation of probation or community control, it shall not provide credit for time served while on probation or community control toward any subsequent term of probation or community control. The department shall adopt rules by which an offender who pays in full and in advance of regular termination of supervision may receive a reduction in the amount due. . 61-498; s. 1, ch. The existence of other treatment modalities which the offender could use but which do not exist at present in the community. 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. Pay by credit card (Visa / MasterCard / Discover) or debit card (with Visa or MasterCard logo) or Direct Express card (federal benefits program). The court shall not dismiss the probation or community control violation warrant pending against an offender enumerated in this paragraph without holding a recorded violation-of-probation hearing at which both the state and the offender are represented. 97-107; s. 27, ch. 2000-246; s. 6, ch. While enrolled in a pretrial intervention program authorized by this subsection, the participant is subject to a coordinated strategy developed by a drug court team under s. 397.334(4). In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation or into community control after serving such period as may be imposed by the court. Both the filing of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period, and the mere filing of the affidavit is insufficient. In addition to any other required contributions, the department, at its discretion, may require offenders under any form of supervision to submit to and pay for urinalysis testing to identify drug usage as part of the rehabilitation program. s. 20, ch. Effective for a probationer or community controllee whose crime was committed on or after October 1, 2008, and who has been found to have committed the crime for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the court shall, in addition to any other conditions imposed, impose a condition prohibiting the probationer or community controllee from knowingly associating with other criminal gang members or associates, except as authorized by law enforcement officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of criminal activity. Pay any application fee assessed under s. 27.52(1)(b) and attorneys fees and costs assessed under s. 938.29, subject to modification based on change of circumstances. 99-3; s. 13, ch. 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. 98-81; s. 15, ch. 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. 83-131; s. 192, ch. 83-131; s. 1683, ch. 83-75; s. 16, ch. 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. 88-122; s. 18, ch. In practice, this means that the prosecution cannot simply present the testimony of a probation officer (who has no scientific expertise or expert knowledge) to establish a positive drug result. In McCray v. State, 754 So. 2004-373; s. 18, ch. Clearwater, FL 33762. 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. 2, 19, ch. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. 2010-64; s. 50, ch. 2017-37; s. 15, ch. E-mail addresses are public record under Florida Law and are not exempt from public-records requirements. 2016-24; s. 30, ch. 2009-190. 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. 91-225; ss. 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. Offenders placed on drug offender probation are subject to revocation of probation as provided in s. 948.06. s. 14, ch. 2d 296, 298 (Fla. 3d DCA 1980); Watson v. State, 388 So. Qualified practitioner means a social worker, mental health counselor, or a marriage and family therapist licensed under chapter 491 who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under chapter 458 or chapter 459; or a psychologist licensed under chapter 490. 98-204; s. 60, ch. 2004-373; s. 13, ch. 2001-48; s. 9, ch. Terms and conditions of community control. Providing nonincarcerative diversionary programs, including pretrial release programs, for juvenile offenders or adult offenders who would otherwise be housed in a county detention facility, a state juvenile detention facility, or a state correctional institution. 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, ch. 2001-242; s. 5, ch. Publications, Help Searching 97-271; s. 3, ch. CONTACT: Robert Barwick (954) 609-5943 President; Debra Beye-Barwick (954) 492-0168 Administration; Reg FinIey (954) 540-3550 Manager/VoIunteer Coordinator; Stephanie Greco (954) 260-0092 Appointments. % Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who: Is placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; Is designated a sexual predator pursuant to s. 775.21; or. 2d 140, 141 (Fla. 4th DCA 1980) (stating that when a defendants probation is sought to be revoked because of his failure to successfully complete a designated rehabilitation program, some evidence must be submitted to show that the defendant was in some manner responsible for such failure). Appointments are available two Saturdays per month. You can get the peace of mind that comes with knowing that your supervising agency has received your payment quickly and securely. 87-211; s. 37, ch. s. 6, ch. . 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. The offender shall pay the cost of attending the program. Figure 7. Intensive supervision for postprison release of violent offenders. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Possession With Intent To Sell, Manufacture or Deliver, Introduction Of Contraband Into Detention Facility, Violation Of A Restricted Drivers License, Giving False Information To Law Enforcement, Improper Exhibition of a Firearm or Weapon, Department of Corrections Violation Report. 2012-155; s. 22, ch. 95-211; s. 2, ch. 2000-246; s. 12, ch. Drop off your expired or unused medications during business hours at Operation Medicine Cabinet drop boxes located at two Sheriffs Office locations: Sheriffs Administration Building 2004-371; s. 59, ch. 96-232; s. 54, ch. A defendant found guilty of a misdemeanor who is placed on probation shall be under supervision not to exceed 6 months unless otherwise specified by the court. 93-227; s. 16, ch. 2004-373; s. 3, ch. 94-290; s. 41, ch. Provide sanctions, services, treatment, and alternative punishments that are available to the judge at sentencing and for pretrial intervention. Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until a qualified practitioner in the offenders sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offenders accessing or using the Internet or other computer services. 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. 1, 15, ch. The enumeration of specific kinds of terms and conditions does not prevent the court from adding thereto such other or others as it considers proper. Javascript must be enabled for site search. It was the first in the state and the fifth in the nation to try a cutting-edge 2002-387; s. 22, 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. 2d 1265, 1267 (Fla. 4th DCA 1992). 91-225; s. 6, ch. 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. Subpoena witnesses and present to a judge evidence in his or her defense. 88-122; s. 7, ch. Individuals found guilty of felonies who, due to their criminal backgrounds or the seriousness of the offenses, would not be placed on regular probation. To establish an alternative sanctioning program, the chief judge must issue an administrative order specifying: The technical violations that are eligible for the program. 2d 259, 261 (Fla. 2002). The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. The report must also include a summary of the offenders prior supervision history, including the offenders prior participation in treatment, educational, and vocational programs, and any other actions by or circumstances concerning the offender which are relevant. 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 application and contract submitted to the department by the public safety coordinating council may include provisions for funding the anticipated costs of providing health care to offenders placed in a program or facility funded under this section. 84-337; s. 10, ch. This information is made available to the public and law enforcement in the interest of public safety. If a defendant is placed on probation, any restitution ordered under s. 775.089 shall be a condition of the probation.