2004-373. 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. A private entity may not provide probationary or supervision services to felony or misdemeanor offenders sentenced or placed on probation or other supervision by the circuit court. Any person placed on misdemeanor probation by a county court must contribute not less than $40 per month, as decided by the sentencing court, to the court-approved public or private entity providing misdemeanor supervision. 2006-1; s. 6, ch. If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Condition of probation or community control; criminal gang. Florida is the 3rd most populous, the 22 nd most extensive, and the 8th most densely populated of the 50 states of the United States. Visual or auditory material includes, but is not limited to, telephone, electronic media, computer programs, and computer services. 2016-24; s. 14, ch. 2016-104. This statute does not, however, relieve the trial court of its obligation to make a finding that the probationer has the ability to pay. 2d 974 (Fla. 2d DCA 2005). The Department of Corrections is authorized to contract with appropriate agencies for provision of services. In Florida, the vast majority of probation violations originate from a few common factual scenarios. Clearwater, FL 33762. Ask a Question - or - 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. Except as provided in this paragraph, contracting counties or county consortiums may not use any community corrections assistance funds for any of the following purposes: Fixed capital outlay in construction, addition, renovation, or operation of any adult or juvenile secure detention facility; Construction, addition, renovation, or operation of any state facility; or. The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. 6K. }); $(document).ready(function() { 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. 75-301; s. 3, ch. After such hearing, the court may revoke, modify, or continue the probation or community control or place the probationer into community control. 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. 2006-1; s. 28, ch. 89-526; s. 8, ch. 2016-104; s. 16, ch. 2008-172; s. 4, ch. s. 13, ch. The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. Monday through Friday. Effective for a probationer or community controllee whose crime was committed on or after October 1, 2008, and who has been found to have committed the crime for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the court shall, in addition to any other conditions imposed, impose a condition prohibiting the probationer or community controllee from knowingly associating with other criminal gang members or associates, except as authorized by law enforcement officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of criminal activity. 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. 20519, 1941; s. 5, ch. Asked in Miami, FL | Aug 4, 2019 Saved Save Im under a probation program that allows me to not have to present myself physically to my probation site, just make a simple call every 2nd of the month.. 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. 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. Upon the request of the chief judge of the circuit, the Department of Corrections shall establish a community service program for a county, which program may include, but is not limited to, any of the following types of community service: Maintenance work on any property or building owned or leased by any state, county, or municipality or any nonprofit organization or agency. 99-3; ss. 98-81; s. 13, ch. Education and learning as a condition of probation or community control. s. 17, ch. 948.06. Any failure to make such payment, or participate, may be considered a ground for revocation by the court, the Florida Commission on Offender Review, or the Control Release Authority, or for removal from the pretrial intervention program by the state attorney. 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. 93-227; s. 1690, ch. Requirements of law enforcement agency upon arrest of persons for certain sex offenses. After the hearing, the court shall make findings of fact and forward the findings to the court that granted the probation or community control and to the probationer or offender or his or her attorney. The standard conditions of probation set forth in s. 948.03. 2d 1186 (Fla. 1st DCA 1995) (a single missed meeting of sex offender group counseling). 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. 2018-110. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. and who has a term of probation to follow the period of incarceration shall be provided intensive supervision by experienced correctional probation officers. 59-130; s. 2, ch. 96-312; s. 1878, ch. $('label.menu-img3').wrap(''); s. 1, ch. 2002-297; s. 8, ch. s. 18, ch. 78-368; s. 100, ch. It is the finding of the Legislature that the population of violent offenders released from state prison into the community poses the greatest threat to the public safety of the groups of offenders under community supervision. Any order issued pursuant to this section shall also require the convicted person to reimburse the appropriate agency for the costs of drawing and transmitting the blood or other biological specimens to the Department of Law Enforcement. 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. 2001-50; s. 1045, ch. 2d 1197 (Fla. 1st DCA 2004). 79-3; s. 1, ch. 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. 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. No defendant placed on probation pursuant to s. 948.012(1) is subject to the probation limitations of this subsection. 2008-172; s. 20, ch. Any public or private entity providing a pretrial substance abuse education and treatment program or mental health court program under this section shall contract with the county or appropriate governmental entity. Notwithstanding any provision of this section, a person who is charged with a nonviolent felony and is identified as having a substance abuse problem or is charged with a felony of the second or third degree for purchase or possession of a controlled substance under chapter 893, prostitution, tampering with evidence, solicitation for purchase of a controlled substance, or obtaining a prescription by fraud; who has not been charged with a crime involving violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home-invasion robbery, or any other crime involving violence; and who has not previously been convicted of a felony is eligible for voluntary admission into a 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 of not less than 1 year in duration, upon motion of either party or the courts own motion, except: If a defendant was previously offered admission to a pretrial substance abuse education and treatment intervention program at any time prior to trial and the defendant rejected that offer on the record, then the court or the state attorney may deny the defendants admission to such a program. 94-294; s. 1, 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. 97-102; s. 11, ch. Toll-Free Telephone Reporting System Number: 1-866-640-7225 What if my Telephone Reporting System payment hasn't posted to my account? 96-322; ss. While enrolled in a pretrial intervention program authorized by this section, the participant shall be subject to a coordinated strategy developed by a veterans treatment intervention team. Payment for cost of supervision and other monetary obligations. A single missed appointment with a probation officer, where a valid explanation is proffered, is insufficient to demonstrate willful and substantial noncompliance with probation. 96-322; s. 21, ch. 943.0435(1)(h)1.a.(I). 2003-402; ss. 2004-357. The offender is exempt from further payment for the cost of supervision as required in s. 948.09. We recommend mailing your payments or paying online NO later than the 25th of the month, so that there is enough time for them to be received, processed and credited to your account in time to make your call the following month. 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. 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. When community control or a program of public service is ordered by the court, the duration of community control supervision or public service may not be longer than the sentence that could have been imposed if the offender had been committed for the offense or a period not to exceed 2 years, whichever is less. 2012-155; s. 22, ch. Reporting and recordkeeping requirements. In either case, the court shall stay and withhold the imposition of sentence upon the defendant and shall place a felony defendant upon probation. 8, 17, ch. 2005-28; s. 115, ch. 2009-190. Lewd or lascivious battery or attempted lewd or lascivious battery under s. 800.04(4), lewd or lascivious molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious conduct under s. 800.04(6)(b), lewd or lascivious exhibition under s. 800.04(7)(b), or lewd or lascivious exhibition on computer under s. 847.0135(5)(b). 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. 83-75; s. 16, ch. The court shall determine the terms and conditions of probation. 93-227; s. 80, ch. 775.082(3)(a)4.a. Report by January 1 of each year to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the effectiveness of participating counties and county consortiums in diverting nonviolent offenders from the state prison system. . The views of the person preparing the report as to the offenders motivations and ambitions and an assessment of the offenders explanations for his or her criminal activity. (1) "Administrative probation" means a form of no contact, nonreporting supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to this type of reduced level of supervision, as provided in s. 948.013. Review community public safety plans and provide contract funding. 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. The offender is responsible for the support of dependents, and the payment of such contribution constitutes an undue hardship on the offender. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control. If the probationer or offender does not admit the violation at the first appearance hearing, the court: May commit the probationer or offender or may release the person with or without bail to await further hearing, notwithstanding s. 907.041, relating to pretrial detention and release; or. Effective for a probationer or community controllee whose crime is committed on or after July 1, 2012, and who is a veteran, as defined in s. 1.01, 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, the court may, in addition to any other conditions imposed, impose a condition requiring the probationer or community controllee to participate in a treatment program capable of treating the probationers or community controllees mental illness, traumatic brain injury, substance abuse disorder, or psychological problem. 90-337; s. 1, ch. Clearwater, FL 33762. 2004-373; s. 116, ch. Conduct a review, as often as necessary but not less than annually, of all program measures, to ensure program accountability. 76-238; s. 1, ch. Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state. 727-464-8100. Clearwater, FL 33762 727-464-8100 Hours of Operation: 7:00 am to 5:00 pm Monday through Friday Appointments are available two Saturdays per month. 2017-107. Javascript must be enabled for site search. 96-409; s. 22, 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. Subsection (2) former s. 948.01(10); subsection (9) former s. 948.01(9); subsection (10) former s. 948.01(5). 2d 394, 39697 (Fla. 2d DCA 2007); Blair v. State,805 So. . 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