Has experienced more than one of the following risk factors that could potentially make the offender more likely to pose a danger to others: Previous conviction for domestic violence; Unemployment or substantial financial difficulties; Previous conviction for violence or sex acts against children, particularly involving strangers; or. The Misdemeanor Probation Unit monitors and enforces compliance to court ordered conditions on offenders sentenced to probation for misdemeanor offenses. s. 17, ch. In Florida, simply dialing 9-1-1 in an emergency connects you to EMS, law enforcement, and the fire rescue. 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 court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include a mental health program offered by a licensed service provider, as defined in s. 394.455, or order that the charges revert to normal channels for prosecution. 91-225; s. 6, ch. 93-37; s. 15, ch. Any person being electronically monitored by the department as a result of being placed on supervision shall pay the department for electronic monitoring services at a rate that may not exceed the full cost of the monitoring service in addition to the cost of supervision as directed by the sentencing court. Often, the defendant will be placed on a no bond status, which, in the absence of an intervening motion, will require him or her to remain in jail until bond can be requested. 89-526; ss. $('label.menu-img1').wrap(''); As outlined in Chapter 948, Florida Statutes, probation is a form of community supervision requiring an offender to abide by court-ordered terms and conditions in lieu of a sentence of incarceration. Subpoena witnesses and present to a judge evidence in his or her defense. Thompson v. State,890 So. 74-112; s. 13, ch. At a first appearance hearing for an offender who has been arrested for violating his or her probation or community control in a material respect by committing a new violation of law the court: Shall inform the person of the violation. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4) or by the veterans treatment intervention team, if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment or return the charges to the criminal docket for prosecution. 2016-127. 98-81; s. 3, ch. 2004-357; s. 29, ch. 2008-172; s. 13, ch. 91-225; s. 6, ch. When restitution or public service is ordered by the court, the amount of restitution or public service may not be greater than an amount which the offender could reasonably be expected to pay or perform. Probation means a form of community supervision requiring specified contacts with probation officers and other terms and conditions as provided in s. 948.03. Except as provided in s. 944.4731(2)(b) and subsection (6), the period of probation or community control shall commence immediately upon the release of the defendant from incarceration, whether by parole or gain-time allowances. 2496 Bayshore Boulevard 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. Its two bordering states are Georgia and Alabama. For purposes of this paragraph, the term technical violation means any alleged violation of supervision that is not a new felony offense, misdemeanor offense, or criminal traffic offense. When the law authorizes the placing of a defendant on probation, and when the defendants offense is punishable by both fine and imprisonment, the trial court may, in its discretion, impose a fine upon him or her and place him or her on probation or into community control as an alternative to imprisonment. 2005-67; s. 8, ch. The report must include, at a minimum, any identified systemic deficiencies in managing high-risk offenders on community supervision, any patterns of noncompliance by correctional probation officers, and recommendations for improving the community supervision program. 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. Arson or attempted arson under s. 806.01(1). In McCray v. State, 754 So. Provide sanctions, services, treatment, and alternative punishments that are available to the judge at sentencing and for pretrial intervention. 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. Circumstances under which revocation of an offenders probation may be recommended. 2016-24; s. 30, 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. 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. Perry v. State,778 So. The only evidence of a willful violation was the testimony of the drug treatment programs records custodian, in which he stated that the chart showed that defendant tested positive for alcohol. 2005-28; s. 12, ch. . 75-301; s. 3, ch. 2013-15; s. 36, ch. It is the intent of the Legislature that a county jail be used as the last available alternative for placement of an offender as a condition of probation. Judicial Circuit: 18. This subsection applies to all sentences of probation or community control which begin on or after October 1, 2014, regardless of the date of the underlying offense. Clearwater, FL 33762. 2016-15; s. 13, 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. The court may allow the department to file an affidavit, notification letter, violation report, or other report under this section by facsimile or electronic submission. 2d at 44-45. 2010-92; s. 15, ch. 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. Sex offender probation or sex offender community control means a form of intensive supervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan administered by an officer who has a restricted caseload and specialized training. 2d 805 (Fla. 4th DCA 2005). If the offender admits to committing the technical violation and agrees with the probation officers recommended sanction, the probation officer must, before imposing the sanction, submit the recommended sanction to the court as well as documentation reflecting the offenders admission to the technical violation and agreement with the recommended sanction. 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. Or, in a case of prior disposition of a felony commitment, upon motion of the offender or the department or upon its own motion, the court may, within the period of its retained jurisdiction following commitment, suspend the further execution of the disposition and place the offender in a community control program upon such terms as the court may require. 99-201; s. 3, ch. Largo, Sheriffs North District Office However, a timely affidavit of violation cannot be amended after the expiration of the probationary period to add charges not contained in an earlier, timely affidavit. 2008-250; s. 51, ch. 2018-106; s. 97, ch. <> 2007-200; s. 9, ch. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4), if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include substance abuse treatment programs offered by licensed service providers as defined in s. 397.311 or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. 87-226; s. 30, ch. This paragraph does not prohibit any other sanction provided by law. 97-102; s. 11, ch. 2013-15; s. 17, ch. See above for the interactive map. Non-payment of court costs, restitution, costs of supervision, fines, costs of drug testing, and other fees is another common basis for violating probation in Florida. 1 0 obj The court may impose the recommended sanction or may direct the department to submit a violation report, affidavit, and warrant to the court in accordance with this section. 2004-373; s. 32, 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. The number for the probation office there is (239) 533-9199. The private entity, including a licensed substance abuse education and intervention program, providing misdemeanor supervision services must also comply with all other applicable provisions of law. 77-174; s. 109, ch. Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the probationers or community controllees own expense. The satisfactory completion of the program must be a condition of the defendants probation or community control. In determining whether to revoke probation, the court shall consider the defendants employment status, earning ability, and financial resources; the willfulness of the defendants failure to pay; and any other special circumstances that may have a bearing on the defendants ability to pay. 89-526; ss. The Misdemeanor Probation Unit monitors and enforces compliance to court ordered conditions on offenders sentenced to probation for misdemeanor offenses. 97-239; s. 4, ch. 2004-11; ss. 83-75; s. 16, 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. 79-3; s. 1, ch. Submission to a warrantless search by the community control or probation officer of the probationers or community controllees person, residence, or vehicle. 97-308; s. 14, ch. The offenders prior admission to the technical violation may not be used as evidence in subsequent proceedings. 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. 2d at 414. Yates v. State, 909 So. v. State, 901 So. 83-228; s. 5, ch. 2d 1234 (Fla. 5th DCA 2000); Washington v. State, 667 So. 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