The courts shall use the uniform order of supervision forms provided by the department for all persons placed on community supervision. Starling v. State, 110 So. $('label.menu-img1-2').wrap(''); 99-3; s. 323, ch. 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. Definition of Probation. The court may specify whether the recommendation or report must be oral or written and may waive the requirement for a report in an individual case or a class of cases. 12, 13, 21, ch. 92-310; s. 10, ch. 8, 9, 38, 48, ch. 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. Such term of incarceration shall be served under applicable law or county ordinance governing service of sentences in state or county jurisdiction. 83-131; s. 77, ch. 2017-115. However, if the probationer or offender is under supervision for any criminal offense proscribed in chapter 794, s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a registered sexual predator or a registered sexual offender, or is under supervision for a criminal offense for which he or she would meet the registration criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the effective date of those sections, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. Funding costs for the enhancement of programs within county detention facilities. Landscaping or maintenance work in any state, county, or municipal park or recreation area. 95-283; s. 35, ch. Hours of Operation: 7:00 am to 5:00 pm. Sexual performance by a child or attempted sexual performance by a child under s. 827.071. Such hearsay evidence may be used only to combine with admissible evidence establishing the violation. 2017-115. 87-211; s. 11, ch. 2003-402; ss. 85-288; s. 37, ch. 2010-113; s. 2, ch. 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. 65-453; s. 1, ch. 2010-92; s. 15, ch. Aggravated stalking under s. 784.048(3), (4), (5), or (7). The safety plan must be reviewed and approved by the court; and. Category: General. Program Description: Youth referred for law violations are assessed and referred for services based on risk and needs. Clearwater, FL 33762. There are various types of drug treatment that can be funded by the Florida Department of Corrections which includes outpatient 61-498; s. 1, ch. The offender is responsible for the support of dependents, and the payment of such contribution constitutes an undue hardship on the offender. 2016-24; s. 23, ch. Procurement of electronic monitoring services under this subsection shall be by competitive procurement in accordance with s. 287.057. s. 5, ch. 2006-97; s. 6, ch. 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. 2016-104. Such direction must be in writing and must specify the types of specific technical violations which are to be reported by a notification letter of a technical violation, any exceptions to those violations, and the required process for submission. A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. 2016-24. Skip to Navigation | Skip to Main Content | Skip to Site Map. 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. 2012-147. 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. 2005-67; s. 8, ch. 97-308; s. 14, ch. Submit to the drawing of blood or other biological specimens as prescribed in ss. Maintenance work on any state-owned, county-owned, or municipally owned road or highway. Id. 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. 2016-127; s. 3, ch. 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. 2000-246; s. 17, ch. 96-322; s. 21, ch. Community control is an individualized program in which the offender is restricted to a residential treatment facility or a nursing facility or restricted to his or her approved residence subject to an authorized level of limited freedom. 91-225; s. 8, ch. Submit to the taking of a digitized photograph by the department as a part of the offenders records. 2016-224; s. 5, ch. 83-131; s. 77, ch. The defendant must be fully advised of the purpose of the program, and the defendant must agree to enter the program. If you have been accused of violating probation or community control, you may have defenses available to contest the charge or minimize potential penalties. 97-234; s. 44, ch. The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. 2d 1090, 1091 (Fla.1994) (holding that, before a person on probation can be imprisoned for failing to make restitution, there must be a determination that that person has, or has had, the ability to pay but has willfully refused to do so. 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. 91-280; s. 13, ch. The offenders medical history and, as appropriate, a psychological or psychiatric evaluation. 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. Caseloads should be restricted to a maximum of 30 cases per officer in order to ensure an adequate level of staffing. 85-288; s. 5, ch. Terry v. State, 777 So. at 261. 2017-115. 88-122; s. 18, ch. 2004-373; s. 13, ch. s. 25, ch. This requirement does not apply to services provided by the Department of Veterans Affairs or the United States Department of Veterans Affairs. 2014-160. As a condition of probation, community control, or any other court-ordered community supervision, the court shall order a person convicted of an offense of domestic violence, as defined in s. 741.28, to attend and successfully complete a batterers intervention program unless the court determines that the person does not qualify for the batterers intervention program pursuant to s. 741.325. 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. 96-409; s. 3, ch. s. 53, ch. ss. 14, 15, ch. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial treatment-based drug court program or other pretrial intervention program. Phone: (407) 665-6650. Identifying, assessing, and monitoring high-risk sex offenders on community supervision; providing cumulative criminal and supervision histories on the Internet. Work in any state, county, or municipal hospital or any developmental services institution or other nonprofit organization or agency. 3d at 328; Thomas v. State, 711 So. I suggest you call and email your probation officer and not wait in panic to see what will be done 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful Share 0 comments Gary Kollin View Profile 5-year Top Contributor 19 reviews Licensed for 42 years Avvo Rating: 10 Criminal Defense Attorney in Fort Lauderdale, FL Website (954) 466-7648. . 2d 15 (Fla. 4th DCA 1980). 98-251; s. 122, ch. 2000-246; s. 28, ch. Be prohibited from possessing, carrying, or owning any: Weapon without first procuring the consent of the probation officer. The chief judge of each judicial circuit, in consultation with the state attorney, the public defender, and the department, may establish an alternative sanctioning program in which the department, after receiving court approval, may enforce specified sanctions for certain technical violations of supervision. 79-77; s. 18, ch. As used in this subsection, the term nonviolent felony means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08; The court determines that the offender is amenable to the services of a postadjudicatory treatment-based drug court program; The court has explained the purpose of the program to the offender and the offender has agreed to participate; and. 98-204; s. 64, ch. 11, 15, ch. 2007-2; s. 2, ch. 97-78; s. 121, ch. Providing community-based drug treatment programs, both outpatient and residential, by licensed providers. Figure 7. 2013-118. 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. For probationers, community controllees, or conditional releasees who have current or prior convictions for violent or sexual offenses, the department, in carrying out a court or commission order to electronically monitor an offender, must use a system that actively monitors and identifies the offenders location and timely reports or records the offenders presence near or within a crime scene or in a prohibited area or the offenders departure from specified geographic limitations. 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