Salary of any state probation and parole officer. 2007-2; s. 5, ch. 65-453; s. 1, ch. The department shall provide the reasons for its recommendation and include an evaluation of: The appropriateness or inappropriateness of community facilities, programs, or services for treating or supervising the offender; The ability or inability of the department to provide an adequate level of supervision of the offender in the community and a statement of what constitutes an adequate level of supervision; and. P.O. 79-3; s. 13, ch. 2010-92; s. 16, ch. 2010-64; s. 13, ch. When court may place defendant on probation or into community control. In addition to post-sentencing case management, the unit provides referrals to relative community resources which promotes higher success rates. 87-211; ss. Treatment may not be administered by a qualified practitioner who has been convicted or adjudicated delinquent of committing, or attempting, soliciting, or conspiring to commit, any offense that is listed in s. s. 4, ch. The targeted population for this community control program includes: Probation violators charged with technical violations or new violations of law. The qualified practitioners opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child. 12, 18, ch. . That dismissal of charges without prejudice shall be entered in instances in which prosecution is not deemed necessary. 96-322; s. 21, ch. A prohibition on distributing candy or other items to children on Halloween; wearing a Santa Claus costume, or other costume to appeal to children, on or preceding Christmas; wearing an Easter Bunny costume, or other costume to appeal to children, on or preceding Easter; entertaining at childrens parties; or wearing a clown costume; without prior approval from the court. Any person whose charges are dismissed after successful completion of the treatment-based drug court program, if otherwise eligible, may have his or her arrest record and plea of nolo contendere to the dismissed charges expunged under s. 943.0585. The entity shall provide the following information for each program it operates: The length of time the program has been operating in the county. Ontiveros v. State,746 So. 2008-250; s. 51, ch. The number for the probation office there is (239) 533-9199. 91-225; s. 8, ch. 2016-127; ss. 20519, 1941; s. 19, ch. Licensed for 43 years Avvo Rating: 10 Criminal Defense Attorney in Fort Lauderdale, FL Website (954) 466-7648 Message See more Miami Criminal Defense lawyers loading data. In determining the average weekly wage, unless otherwise determined by a specific funding program, all remuneration received from the employer shall be considered a gratuity, and the offender shall not be entitled to any benefits otherwise payable under s. 440.15, regardless of whether the offender may be receiving wages and remuneration from other employment with another employer and regardless of his or her future wage-earning capacity. 3d 327 (Fla. 4th DCA 2009); Steiner v. State, 604 So. 2016-104. A specification of community-based intermediate sentencing options to be offered and the types and number of offenders to be included in each program. Any other facts the court considers relevant. 97-194; s. 18, ch. Court to admonish or commend probationer or offender in community control. 2009-63; s. 21, ch. 2001-50; s. 25, ch. To facilitate the information available to the court at first appearance hearings and at all subsequent hearings for violent felony offenders of special concern, as defined in s. 948.06, the Department of Corrections shall, no later than October 1, 2007, develop a system for identifying the offenders in the departments database and post on the Department of Law Enforcements Criminal Justice Intranet a listing of all violent felony offenders of special concern who are under community supervision. Funds collected from felony offenders may be used to offset costs of the Department of Corrections associated with community supervision programs, subject to appropriation by the Legislature. Offenders placed on drug offender probation are subject to revocation of probation as provided in s. 948.06. s. 14, ch. If, after considering the provisions of subsection (2) and the offenders prior record or the seriousness of the offense, it appears to the court in the case of a felony disposition that probation is an unsuitable dispositional alternative to imprisonment, the court may place the offender in a community control program as provided in s. 948.10. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program. 75-301; s. 3, ch. Submit to the taking of a digitized photograph by the department as a part of the offenders records. 89-526; s. 6, ch. Notwithstanding s. 775.082, when a period of probation or community control has been tolled, upon revocation or modification of the probation or community control, the court may impose a sanction with a term that when combined with the amount of supervision served and tolled, exceeds the term permissible pursuant to s. 775.082 for a term up to the amount of the tolled period of supervision. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced. 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. 91-225; s. 33, ch. 96-312; s. 6, ch. 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. Each year, the 50 states and 3 territories that comprise the Interstate Compact for Adult Offender Supervision (ICAOS) use ICOTS to process approximately 150,000 transfer requests and more than 1,000,000 compact activities for nearly 102,000 active supervision cases. Placement in such a facility or center may not exceed 364 days. 2008-182; s. 14, ch. 2d 1224, 1225 (Fla. 1st DCA 1997). Effective for offenses committed on or after October 1, 2014, if the court imposes a term of years in accordance with s. 775.082 which is less than the maximum sentence for the offense, the court must impose a split sentence pursuant to subsection (1) for any person who is convicted of a violation of: Section 794.011, excluding s. 794.011(10); The probation or community control portion of the split sentence imposed by the court must extend for at least 2 years. 14500 49th Street North Suite 130. Maintain safe and cost-efficient community correctional programs that also require supervision and counseling, and substance abuse testing, assessment, and treatment of appropriate offenders. Hours of Operation: 7:00 am to 5:00 pm. This paragraph does not prohibit any other sanction provided by law. 2d at 44-45. Any DUI manslaughter as provided in s. 316.193(3)(c), or vehicular or vessel homicide as provided in s. 782.071 or s. 782.072, committed by a person who is on probation or community control for an offense involving death or injury resulting from a driving incident. E.P. Arrest alone is not an adequate basis for finding a violation of probation. Johnson, 962 So. 3, 6, 7, 30, ch. 4 0 obj To establish an alternative sanctioning program, the chief judge must issue an administrative order specifying: The technical violations that are eligible for the program. If a judge finds reasonable grounds to believe that a probationer or an offender has violated his or her probation or community control in a material respect by committing a new violation of law, the judge may issue a warrant for the arrest of the person. 85-288; s. 1, ch. s. 17, ch. 76-238; s. 1, ch. State v. Summers, 642 So. }); $(document).ready(function() { Moreover, a defendants failure to enter and complete a drug treatment program cannot serve as a basis for revocation when the probation order does not prescribe a period of time for entrance or completion. 95-283; s. 35, ch. 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. 53, 59, ch. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, or a residential treatment facility owned or operated by any entity providing such services. 948.01 When court may place defendant on probation or into community control.. "/> Iots probation florida carbide oscillating blade 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). The probationer or community controllee may not knowingly visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used. 2014-4; s. 61, ch. 2017-115. 93-227; s. 1690, ch. The court may also impose split probation whereby, upon satisfactory completion of half the term of probation, the Department of Corrections may place the offender on administrative probation for the remainder of the term of supervision. Where the State fails to meet these standards, a trial court may not revoke probation. Mental health probation shall be supervised by officers with restricted caseloads who are sensitive to the unique needs of individuals with mental health disorders, and who will work in tandem with community mental health case managers assigned to the defendant. 2009-190. 1 0 obj 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. If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, child care facility, park, playground, or other place where children regularly congregate, as prescribed by the court. Aggravated assault, if the victim and state attorney consent to the defendants participation. Specific evidence of the population status of all programs which are part of the plan, which evidence establishes that such programs do not include offenders who otherwise would have been on a less intensive form of community supervision. 97-102; s. 33, ch. }); $(document).ready(function() { 97-107; s. 123, ch. 98-204; s. 64, ch. 2d 843 (Fla. 3d DCA 2003). 2005-2; s. 11, ch. 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. The offender is a student in a school, college, university, or course of career training designed to fit the student for gainful employment. 98-81; s. 13, ch. You made it to this page - not sure why you couldn't Google the number! If you are having trouble viewing the above map, click here. 2017-115. The Department of Corrections may exempt a person from the payment of all or any part of the contribution if it finds any of the following factors: The offender has diligently attempted, but has been unable, to obtain or maintain employment that provides him or her sufficient income to make such payments. 83-256; s. 8, ch. Requirement to submit to drawing of blood or other biological specimens. Terry v. State, 777 So. 83-131; s. 14, ch. 2005-67; s. 31, ch. Period of probation; duty of probationer; early termination. 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. 2005-2; s. 20, ch. Click here to get detailed information on using a credit card, debit card, or money order to make your payment for the Interactive Offender Tracking System. s. 16, ch. s. 10, ch. Condition of probation or community control; community service. 61-498; s. 1, ch. 2d 873, 876-77 (Fla. 2d DCA 2001). 2016-24; s. 18, ch. The court may not appoint the public defender to represent an indigent offender released to the pretrial intervention program unless the offenders release is revoked and the offender is subject to imprisonment if convicted. 97-102; s. 11, ch. Terms and conditions of community control. endobj A $1.00 convenience fee will be applied. Special terms and conditions may include, but are not limited to, requirements that the offender: Attend an HIV/AIDS awareness program consisting of a class of not less than 2 hours or more than 4 hours in length, if such a program is available in the county of the offenders residence. If the probation or community control is revoked, the court may impose any sentence that it could have imposed at the time the offender was placed on probation or community control. Submission to a warrantless search by the community control or probation officer of the probationers or community controllees person, residence, or vehicle. 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. s. 59, ch. 59-130; s. 2, ch. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of probation, community control, or any other form of court-ordered supervision. Appointments are available two Saturdays per month. 2017-115. When court may impose fine and place on probation or into community control as an alternative to imprisonment. Has been found to be a sexual predator pursuant to s. 775.21. s. 11, ch. 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 social history of the offender, including his or her family relationships, marital status, interests, and activities. s. 26, ch. Morgan v. State, 757 So. Sepulveda, 909 So. Starling v. State, 110 So. 2009-64; s. 3, ch. }); $(document).ready(function() { Nelson v. State, 802 So. 91-280; s. 2, ch. 89-526; s. 4, ch. 94-265; s. 1, ch. This statute does not, however, relieve the trial court of its obligation to make a finding that the probationer has the ability to pay. 2009-64; s. 1, 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. 2000-246; s. 17, ch. Rubio v. State, 824 So. 2000-246; s. 6, ch. 2018-110. 98-251; s. 122, ch. 91-280; s. 23, ch. Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant for such violation, a warrantless arrest under this section, or a notice to appear under this section, the probationary period is tolled until the court enters a ruling on the violation. 90-337; s. 1, ch. For the purposes of this section, conviction shall include a finding of guilty, or entry of a plea of nolo contendere or guilty, regardless of adjudication, or, in the case of a juvenile, the finding of delinquency. 2017-115; s. 86, ch. 12, 13, 21, ch. The qualified practitioner must prepare a written report that must include the findings of the assessment and address each of the following components: The sex offenders history of adult charges with apparent sexual motivation; The sex offenders history of adult charges without apparent sexual motivation; The sex offenders history of juvenile charges, whenever available; The sex offenders offender treatment history, including consultations with the sex offenders treating, or most recent treating, therapist; The sex offenders current mental status; The sex offenders mental health and substance abuse treatment history as provided by the Department of Corrections; The sex offenders personal, social, educational, and work history; The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner; A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement; The childs preference and relative comfort level with the proposed contact, when age appropriate; The parents or legal guardians preference regarding the proposed contact; and. Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section. The county jail in the county where the arrested person is booked shall ensure that state and national criminal history information and all criminal justice information available in the Florida Crime Information Center and the National Crime Information Center, is provided to the court at the time of the first appearance. 2001-110; s. 6, ch. Hours of Operation: 727-464-8100. 83-131. Any private entity, including a licensed substance abuse education and intervention program, providing services for the supervision of misdemeanor probationers must contract with the county in which the services are to be rendered. 20519, 1941; s. 2, ch. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial veterans treatment intervention program or other pretrial intervention program. Appointments are available two Saturdays per month. or b. or s. 943.0435(1)(h)1.a. 2013-118. 2016-224; s. 5, ch. 2d 89, 90 n. 2 (Fla. 2d DCA 1999). Sexual battery or attempted sexual battery under s. 794.011(2), (3), (4), or (8)(b) or (c). Confront and cross-examine adverse witnesses. 2d 1281 (Fla. 4th DCA 2002), a trial court had revoked defendants probation because of failure to complete a drug treatment program. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. 2016-104. In McCray v. State, 754 So. 91-225; s. 6, ch. 97-78; s. 1876, ch. 83-131; s. 5, ch. 2012-155; s. 22, ch. 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. A list of the staff and a summary of their qualifications. 2224 Sarno Road. The Department of Corrections shall develop and administer a community control program. 10750 Ulmerton Road The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a misdemeanor pretrial veterans treatment intervention program or other pretrial intervention program. The department may exempt a person from such payment if it determines that any of the factors specified in subsection (3) exist. 97-102; s. 31, ch. 67-204; ss. Computer pornography under s. 847.0135(2) or (3), transmission of child pornography under s. 847.0137, or selling or buying of minors under s. 847.0145. v. State, 901 So. On May 1, 1996 through July 31, 1996, The Florida Department of Corrections piloted a kiosk project called Probation Automated Monitoring, (PAM) in Seminole County's Casselberry probation office. 90-337; s. 15, ch. 20519, 1941; s. 7, ch. Each such council shall be responsible for: Identifying and developing community services and programs for use by the courts in diverting offenders from state correctional institutions. Category: General. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). 99-152; s. 3, ch. 2d 470 (Fla. 2d DCA 2001). For purposes of this subsection, the term nonviolent felony means 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. ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS. $('label.menu-img2').wrap(''); 2d 1174, 1174 (Fla. 2d DCA 1999). 83-75; s. 16, ch. The enumeration of specific kinds of terms and conditions does not prevent the court from adding any other terms or conditions that the court considers proper. Phone: (321) 610-9305.