943.0435(1)(h)1.a.(I). 2003-18; s. 1, ch. The court shall give preference to treatment programs for which the probationer or community controllee is eligible through the United States Department of Veterans Affairs or the Florida Department of Veterans Affairs. If probation or community control for any felony offense is revoked by the court pursuant to s. 948.06(2)(e) and the offender is designated as a sexual offender pursuant to s. 943.0435 or s. 944.607 or as a sexual predator pursuant to s. 775.21 for unlawful sexual activity involving a victim 15 years of age or younger and the offender is 18 years of age or older, and if the court imposes a subsequent term of supervision following the revocation of probation or community control, the court must order electronic monitoring as a condition of the subsequent term of probation or community control. 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. If the court places the defendant on probation or into community control for a felony, the department shall provide immediate supervision by an officer employed in compliance with the minimum qualifications for officers as provided in s. 943.13. 97-102; s. 21, ch. $('label.menu-img2').wrap(''); Melbourne, FL 32935. 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. This photograph may be displayed on the departments public website while the offender is under court-ordered supervision. Has previously been convicted of 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. 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. 99-8; s. 3, ch. 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. 96-409; s. 22, ch. Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. 2d 89, 90 n. 2 (Fla. 2d DCA 1999). 2006-1; s. 6, ch. Murder or attempted murder under s. 782.04, attempted felony murder under s. 782.051, or manslaughter under s. 782.07. 2016-24; s. 1, ch. Appointments are available two Saturdays per month. The offender shall pay the cost of attending the program. Park has the same meaning as provided in s. 775.215. Any issues please contact our support center Toll-Free Support Line: 1-855-788-7225Email: florida@feeservice.com, All the details you need to know about your Interactive Offender Tracking System account. 91-280; s. 1877, ch. find either orally or in its written order that appellant had the ability to pay). 2d 1072, 1073 (Fla. 5th DCA 2001); Dearing v. State,388 So. The protocol of sanctions may include, but need not be limited to, placement in a treatment program offered by a licensed service provider or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. 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. 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. 2000-246; s. 6, 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 an offense committed on or after 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. 775.21(4)(a)1.a. 2006-1; s. 14, ch. 2008-172; s. 4, ch. 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. . 83-131; ss. Only if alternate measures are not adequate to meet the states interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision. Non- discretionary programs were designed to provide a seamless re-entry back into the community for releasing inmates. 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 number for the probation office there is (239) 533-9199. Florida law provides that a revocation of probation is appropriate when a defendant violates in a material respect. Fla. Stat. This means that, once a legally valid violation proceeding (discussed below) is initiated, the defendants term of probation is frozen, or tolled, so that jurisdiction is retained by the court even after the original probation term contemplated by the sentence expires. 2007-200; s. 9, ch. Caseloads should be restricted to a maximum of 30 cases per officer in order to ensure an adequate level of staffing. 2017-115. Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. Procedures governing violations of community control are the same as those described in s. 948.06 with respect to probation. 2001-48; s. 9, ch. 97-102; s. 11, ch. 91-280; s. 23, ch. 79-3; s. 1, ch. 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. 2012-159; s. 19, ch. 2004-373; s. 7, ch. School has the same meaning as provided in s. 775.215. Subsection (2) former s. 948.01(10); subsection (9) former s. 948.01(9); subsection (10) former s. 948.01(5). The funds collected under this subsection shall be deposited in the General Revenue Fund. }); $(document).ready(function() { 88-96; ss. 2016-24; s. 18, ch. }); $(document).ready(function() { ss. - . (II) rather than life imprisonment. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved; A written consent signed by the childs parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offenders present legal status, past criminal history, and the results of the risk assessment. In monitoring the location of high-risk sex offenders, the department shall, no later than October 1, 2006, have fingerprint-reading equipment and capability that will immediately identify the probationer or community controllee when he or she reports to his or her designated probation officer and alert department probation officials when probationers and community controllees are subsequently rearrested. State v. Summers, 642 So. 83-131; s. 3, ch. Make payment of the debt due and owing to the state under s. 960.17, subject to modification based on change of circumstances. 83-131; s. 5, ch. The Department of Corrections may contract with local law enforcement agencies to assist in the location and apprehension of offenders who are in noncompliance as reported by the electronic monitoring system. 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 defendant will then be arraigned on the violation charge and eventually be set for an evidentiary hearing where the prosecution bears the burden of proving a willful and substantial violation of supervision by competent evidence. Thus, a finding of violation will not stand if sufficient time remains within the probationary period for completion of the program. 89-526; s. 10, ch. 3, 6, 7, 30, ch. A court may at any time cause a probationer or offender in community control to appear before it to be admonished or commended, and, when satisfied that its action will be for the best interests of justice and the welfare of society, it may discharge the probationer or offender in community control from further supervision. The defendant must be fully advised of the purpose of the program, and the defendant must agree to enter the program. A single missed appointment with a probation officer, where a valid explanation is proffered, is insufficient to demonstrate willful and substantial noncompliance with probation. 903.0351, 948.064, and 921.0024, the term violent felony offender of special concern means a person who is on: Felony probation or community control related to the commission of a qualifying offense committed on or after the effective date of this act; Felony probation or community control for any offense committed on or after the effective date of this act, and has previously been convicted of a qualifying offense; Felony probation or community control for any offense committed on or after the effective date of this act, and is found to have violated that probation or community control by committing a qualifying offense; 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) and has committed a qualifying offense on or after the effective date of this act; Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in s. 775.084(1)(c) and has committed a qualifying offense on or after the effective date of this act; or. 2010-64; s. 13, ch. In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. 65-453; s. 1, ch. There are various types of drug treatment that can be funded by the Florida Department of Corrections which includes outpatient Decide whether to revoke the probation or community control. 89-526; s. 8, ch. Reporting and recordkeeping requirements. 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. The court may not grant supervised contact with a child if the contact is not recommended by a qualified practitioner and may deny supervised contact with a child at any time. 2005-28; s. 118, ch. 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 treatment-based drug 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. 23, 24, ch. Resumption of pending criminal proceedings shall be undertaken at any time if the program administrator or state attorney finds that the offender is not fulfilling his or her obligations under this plan or if the public interest so requires. . If the law enforcement agency finds that the person under investigation or under arrest is on probation, community control, parole, conditional release, or control release, the law enforcement agency shall immediately notify the persons probation officer or release supervisor of the investigation or the arrest. 2d at 571; Ely v. State, 719 So. The courts shall assist the departments dissemination of critical information by creating and maintaining an automated system to provide the information as specified in this subsection and by providing the necessary technology in the courtroom to deliver the information. 2016-224; s. 5, ch. Where the State seeks to revoke probation based on the commission of a new offense, it must present direct, non-hearsay evidence linking the defendant to the commission of the offense at issue. Please leave this field empty. Robbery or attempted robbery under s. 812.13, carjacking or attempted carjacking under s. 812.133, or home invasion robbery or attempted home invasion robbery under s. 812.135. 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. 2, 3, ch. Wilkerson v. State,884 So. The weight of the evidence against the offender. 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. Any failure to pay contribution as required under this section may constitute a ground for the revocation of supervision by the court or by the Florida Commission on Offender Review, the revocation of control release by the Control Release Authority, or the removal from the pretrial intervention program by the state attorney. All records of the entity must be open to inspection upon the request of the county, the court, the Auditor General, the Office of Program Policy Analysis and Government Accountability, or agents thereof. CHAPTER 948 PROBATION AND COMMUNITY CONTROL. 97-308; s. 14, 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. 20519, 1941; s. 5, ch. Maintain safe and cost-efficient community correctional programs that also require supervision and counseling, and substance abuse testing, assessment, and treatment of appropriate offenders. 91-225; s. 32, ch. 2d 413, 414 (Fla. 1st DCA 2006); Padelt v. State, 793 So. 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 satisfactory completion of the program must be a condition of the defendants probation or community control. 1688, 1689, ch. 2008-250; s. 51, ch. Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person under s. 825.1025. Require nonviolent offenders to meet their community obligations by maintaining employment, thereby providing resources for their families, service to the community, and payment for their cost of supervision and treatment. 2016-104; s. 16, ch. 2009-63; s. 21, ch. 3d 327 (Fla. 4th DCA 2009). Upon the revocation of probation or community control in Florida, the court may impose any sentence which it might have originally imposed on the offender at sentencing. The probationer or community controllee may not knowingly visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used. 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. Electronic monitoring when deemed necessary by the community control or probation officer and his or her supervisor, and ordered by the court at the recommendation of the Department of Corrections. The existence of treatment modalities that the offender could use but that do not currently exist in the community. A person who is charged with a nonviolent, nontraffic-related misdemeanor and identified as having a substance abuse problem or who is charged with a misdemeanor for possession of a controlled substance or drug paraphernalia under chapter 893, prostitution under s. 796.07, possession of alcohol while under 21 years of age under s. 562.111, or possession of a controlled substance without a valid prescription under s. 499.03, and who has not previously been convicted of a felony, is eligible for voluntary admission into a misdemeanor pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established pursuant to s. 397.334, approved by the chief judge of the circuit, for a period based on the program requirements and the treatment plan for the offender, upon motion of either party or the courts own motion, except, if the state attorney believes the facts and circumstances of the case suggest the defendant is involved in dealing and selling controlled substances, the court shall hold a preadmission hearing. 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