2017-107; s. 9, ch. Evaluation and treatment of sexual predators and offenders on probation or community control. 90-337; s. 1, ch. 1, 15, ch. 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. endobj the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision. 2008-172; ss. If the court has found that a violent felony offender of special concern does not pose a danger to the community, the court may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section. find either orally or in its written order that appellant had the ability to pay). Pay not more than $1 per month during the term of probation or community control to a nonprofit organization established for the sole purpose of supplementing the rehabilitative efforts of the Department of Corrections. 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. If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as provided in this paragraph. Unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offenders deviant behavior pattern. The offender is otherwise qualified to participate in a postadjudicatory mental health court program under s. 394.47892(4) or a military veterans and servicemembers court program under s. 394.47891. 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. 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. If the violation is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing. 85-340; ss. Appointments are available two Saturdays per month. Upon the award of community corrections assistance funds, the department shall disburse one-third of the funds for provision of the services described above and shall thereafter disburse the remaining funds on a quarterly basis. 2004-373; s. 151, ch. 2004-373; s. 3, ch. Javascript must be enabled for site search. 943.325 and 948.014, and reimburse the appropriate agency for the costs of drawing and transmitting the blood or other biological specimens to the Department of Law Enforcement. 77-120; s. 1, ch. The department shall supervise pretrial intervention programs for persons charged with a crime, before or after any information has been filed or an indictment has been returned in the circuit court. 1 0 obj 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. In addition to any other required contributions, the department, at its discretion, may require offenders under any form of supervision to submit to and pay for urinalysis testing to identify drug usage as part of the rehabilitation program. 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. 2005-28; s. 12, ch. Both the filing of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period, and the mere filing of the affidavit is insufficient. File a Complaint or Commendation about a PCSO Members Conduct. E-mail addresses are public record under Florida Law and are not exempt from public-records requirements. 96-312; s. 6, ch. To establish an alternative sanctioning program, the chief judge must issue an administrative order specifying: The technical violations that are eligible for the program. 97-308; s. 1, ch. E.P. 90-337; s. 11, ch. 2d 1174, 1174 (Fla. 2d DCA 1999). 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. Divert nonviolent offenders from the state prison system by punishing such offenders with community-based sanctions, thereby reserving the state prison system for those offenders who are deemed to be most dangerous to the community. The courts shall assist the departments dissemination of critical information by creating and maintaining an automated system to provide the information as specified in this subsection and by providing the necessary technology in the courtroom to deliver the information. June: The city of Riviera Beach, Florida USA paid roughly $600,000 ransom in. The court shall determine, by written finding, whether the defendant successfully completed the pretrial intervention program. 2000-246; s. 17, ch. 85-288; s. 1, ch. 93-59; s. 13, ch. 76-70; s. 17, ch. 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. 96-322; s. 21, ch. 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. s. 59, ch. Toll-Free Support Line: 1-855-788-7225 Email: florida@feeservice.com All the details you need to know about your Interactive Offender Tracking System account Stay Compliant: in order to report by phone, you must have enough money in your account. 89-526; s. 10, ch. Inept or negligent conduct by a defendant cannot, by itself, support the willfulness prong required to make a finding of violation of probation. Effective for a probationer or community controllee whose crime is committed on or after July 1, 2016, and who is 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, 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 probationer or community controllees mental illness, traumatic brain injury, substance abuse disorder, or psychological problem. 90-287; s. 11, ch. 2d 259, 261 (Fla. 2002). However, if a prisoner is sentenced to incarceration following termination from a drug punishment program imposed as a condition of probation, the sentence may include incarceration without the possibility of gain-time or early release for the period of time remaining in his or her treatment program placement term. 83-131; s. 13, ch. 7, 16, ch. 2013-15; s. 36, ch. 93-37; s. 15, ch. 96-409; s. 3, ch. Probation supervision services for a defendant found guilty of a misdemeanor for possession of a controlled substance or drug paraphernalia under chapter 893 may be provided by a licensed substance abuse education and intervention program, which may provide substance abuse education and intervention as well as any other terms and conditions of probation. 2003-402; ss. stream Instead, contact this office by telephone or in writing, via the United States Postal Service. Refunds Email Support: orange-fl@feeservice.com Stay Compliant: be sure you have enough money in your account to report by phone every month 2d 373 (Fla. 2d DCA 1988)(defendants failure to leave county by a specified time not grounds for revocation when he made reasonable efforts to comply); Gardner v. State, 365 So. May order the probationer or offender to be brought before the court that granted the probation or community control. 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. The department is not required to disburse cumulative amounts of less than $10 to individual payees established on this payment plan. 2000-246; s. 28, ch. 10750 Ulmerton Road These conditions may include among them the following, that the probationer or offender in community control shall: Report to the probation officer as directed. 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.. The offender is responsible for the support of dependents, and the payment of such contribution constitutes an undue hardship on the offender. Notice that the arrested person meets the requirement for restrictions on pretrial release pending the probation-violation hearing or community-control-violation hearing in s. 903.0351(1)(b). Where a defendant makes reasonable efforts to comply with a condition of probation, a violation cannot be deemed willful. Jacobsen v. State, 536 So. Certification of such student status shall be supplied to the offenders probation officer by the educational institution in which the offender is enrolled. 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 number for the probation office there is (239) 533-9199. 75-301; s. 3, ch. v. State, 901 So. 3d 96, 97 (Fla. 1st DCA 2011); Johnson v. State,962 So. 2009-63; s. 21, ch. 2014-4; s. 22, 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. Stay Compliant: in order to report by phone, you must have enough money in your account. $('label.menu-img1-2').wrap(''); Be prohibited from possessing, carrying, or owning any: Weapon without first procuring the consent of the probation officer. 14500 49th Street North Suite 130. The court may also designate additional locations to protect a victim. 2005-67; s. 8, ch. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. 91-225; s. 4, ch. 2004-373; s. 4, ch. . 97-78; s. 17, ch. 3d 542 (Fla. 1st DCA 2013). 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. s. 10, ch. 2d 1265, 1267 (Fla. 4th DCA 1992). 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. 2d 1072, 1073 (Fla. 5th DCA 2001); Dearing v. State,388 So. Florida appellate courts regard probation as a grace of the stateimposed in lieu of a sentence, with its principal function being the rehabilitation of a defendant and the protection of society. Loeb v. State, 387 So. 65-453; s. 1, ch. Largo, FL 33779-2500. 91-280; s. 20, ch. 90-337; ss. This program shall be rigidly structured and designed to accommodate offenders who, in the absence of such a program, would have been incarcerated in a jail or prison. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved; A written consent signed by the childs parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offenders present legal status, past criminal history, and the results of the risk assessment. Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until a qualified practitioner in the offenders sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offenders accessing or using the Internet or other computer services. State v. 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