83-216; s. 37, ch. 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. 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. Terms and conditions of community control. 2012-155; s. 22, ch. The 9-1-1 system is for emergencies only serious vehicle crashes, critical medical situations, crimes in progress, or fire. 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. Felony probation or community control and has previously been found by a court to be a sexual predator under s. 775.21 and has committed a qualifying offense on or after the effective date of this act. 2010-113; s. 30, ch. Additional terms and conditions of probation or community control for certain sex offenses. }); $(document).ready(function() { 2d at 580; Clark, 402 So. Instead, contact this office by telephone or in writing, via the United States Postal Service. Landscaping or maintenance work in any state, county, or municipal park or recreation area. The offenders medical history and, as appropriate, a psychological or psychiatric evaluation. Subsection (2) former s. 948.01(10); subsection (9) former s. 948.01(9); subsection (10) former s. 948.01(5). 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. 2d 873, 876-77 (Fla. 2d DCA 2001). 97-194; s. 20, ch. Procedures for accessing criminal history records of probationers. Forge a partnership between the state and the correctional and public safety programs and facilities within a county or consortium of counties so that state funds may be effectively contractually disbursed to counties or county consortiums to build and operate corrections and public safety programs. The courts shall use the uniform order of supervision forms provided by the department for all persons placed on community supervision. The terms and conditions should be reasonably related to the circumstances of the offense committed and appropriate for the offender. }); $(document).ready(function() { 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. Review community public safety plans and provide contract funding. Submit to the drawing of blood or other biological specimens as prescribed in ss. The Misdemeanor Probation Unit monitors and enforces compliance to court ordered conditions on offenders sentenced to probation for misdemeanor offenses. 2004-373; s. 15, ch. . 96-170; s. 4, ch. 2017-115. The Office of Program Policy Analysis and Government Accountability shall analyze this data and provide a written report to the President of the Senate and the Speaker of the House of Representatives by March 1, 2006. 2010-113; s. 2, ch. However, it appears you are in Lee County. 2016-24; s. 23, ch. 80-329; s. 9, ch. 2013-15; s. 36, ch. The sanctions that may be recommended by a probation officer for each technical violation. 2016-127; ss. 94-290; s. 41, 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. That court shall advise him or her of the charge of a violation and, if such charge is admitted, shall cause him or her to be brought before the court that granted the probation or community control. 97-102; s. 13, ch. 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. 89-526; s. 8, ch. In addition to court costs and fees and notwithstanding any law to the contrary, the court may impose a fine authorized by law if the offender is a nonfelony offender who is not placed on probation. }); $(document).ready(function() { 2004-373; s. 7, ch. Certification of such student status shall be supplied to the offenders probation officer by the educational institution in which the offender is enrolled. 2017-37; s. 14, ch. 2d 296, 298 (Fla. 3d DCA 1980); Watson v. State, 388 So. If an offender waives or discontinues participation in an alternative sanctioning program, the probation officer may submit a violation report, affidavit, and warrant to the court in accordance with this section. 69-71; s. 20, ch. Effective for offenses committed on or after September 1, 2005, the court must impose a split sentence pursuant to subsection (1) for any person who is convicted of a life felony for lewd and lascivious molestation pursuant to s. 800.04(5)(b) if the court imposes a term of years in accordance with s. Sanford, Florida 32773. 2, 3, ch. The court shall determine the terms and conditions of probation. 95-189; ss. If a qualified practitioner is not available within a 50-mile radius of the probationers or community controllees residence, the offender shall participate in other appropriate therapy. Sexual battery or attempted sexual battery under s. 794.011(2), (3), (4), or (8)(b) or (c). 2012-35; s. 19, ch. 96-232; s. 54, ch. 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. s. 6, ch. Mailing address:Pinellas County Sheriff's Office 2d 1072, 1073 (Fla. 5th DCA 2001); Dearing v. State,388 So. Largo, Sheriffs North District Office At the end of the pretrial intervention period, the court shall consider the recommendation of the program administrator and the recommendation of the state attorney as to disposition of the pending charges. Appointments are available two Saturdays per month. 2016-127; s. 30, ch. This naturally raises the issue of willfulness and the defendants ability to pay. 2224 Sarno Road. 97-194; s. 18, ch. 2017-115. 948.001 Definitions. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. 2010-92; s. 16, ch. Non- discretionary programs were designed to provide a seamless re-entry back into the community for releasing inmates. 8, 9, 38, 48, ch. This will delay your payment being processed and could result in your payment not being received in time to be applied to your account to enable you to report by phone. 2008-250; s. 6, ch. 2006-1; s. 28, ch. 2016-15; s. 13, ch. Found inside - Page 18223.798.15 13528~\N'_r\r;.fl-I11-t )H >m1 *0- M-" 1.1' 15- L 1 '. 1, 15, ch. If there was sexual contact, a submission to, at the probationers or community controllees expense, an HIV test with the results to be released to the victim or the victims parent or guardian. 99-8; s. 3, ch. Arson or attempted arson under s. 806.01(1). Thus, revoking probation for failure to pay costs without a finding that the probationer had the ability to pay requires reversal. Visual or auditory material includes, but is not limited to, telephone, electronic media, computer programs, and computer services. A violation of probation occurs where a defendant willfully and substantially fails to comply with terms and conditionsof his or her probationary sentence. 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. If the probationer or offender is required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435 or s. 944.607 for unlawful sexual activity involving a victim 15 years of age or younger and the probationer or offender is 18 years of age or older and has violated the conditions of his or her probation or community control, but the court does not revoke the probation or community control, the court shall nevertheless modify the probation or community control to include electronic monitoring for any probationer or offender not then subject to electronic monitoring. Procedures governing violations of community control are the same as those described in s. 948.06 with respect to probation. Posted on May 8, 2020. 89-526; ss. 77-428; s. 1, ch. 92-310; s. 27, ch. 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. 7:00 am to 5:00 pm 97-308; s. 14, ch. The criminal charges against an offender admitted to the program shall be continued without final disposition for a period of 90 days after the date the offender was released to the program, if the offenders participation in the program is satisfactory, and for an additional 90 days upon the request of the program administrator and consent of the state attorney, if the offenders participation in the program is satisfactory. Be prohibited from possessing, carrying, or owning any: Weapon without first procuring the consent of the probation officer. $('label.menu-img5').wrap(''); Violations of probation or community control by designated sexual offenders and sexual predators. $('label.menu-img6').wrap(''); 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. 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 terms and conditions of probation occurs where a defendant willfully and substantially fails to comply with terms conditions. And appropriate for the offender by written finding, whether the defendant has completed. Procedures governing violations of community control by designated sexual offenders and sexual.... 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