Such treatment must be obtained from a qualified practitioner as defined in s. 948.001. 74-112; s. 3, ch. Thus, the defendant may be sentenced up to but not in excess of the statutory maximum penalty for the original offense at issue. The court shall determine, by written finding, whether the defendant successfully completed the pretrial intervention program. 83-75; s. 16, ch. If the law enforcement agency finds that the person under investigation or under arrest is on probation, community control, parole, conditional release, or control release, the law enforcement agency shall immediately notify the persons probation officer or release supervisor of the investigation or the arrest. These funds shall be used by the department to pay for correctional probation officers training and equipment, including radios, and firearms training, firearms, and attendant equipment necessary to train and equip officers who choose to carry a concealed firearm while on duty. 2004-11; ss. 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. 83-131; s. 192, ch. Effective for a probationer or community controllee whose crime was committed on or after October 1, 2014, and who is placed on probation or community control for a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition to all other conditions imposed, the court must impose a condition prohibiting the probationer or community controllee from viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program. 99-201; s. 3, ch. 94-265; s. 1, ch. 74-112; s. 13, 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. 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. On these facts, the Third District Court of Appeal held that the defendants failure to keep sufficient funds on hand to enable him to make an emergency telephone call, or his failure to have the presence of mind to attempt to contact his community control officer through a family member, was mere negligence or inept conduct, and was insufficient to demonstrate a willful violation. 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. Any other risk factor identified by the department. The offender must pay the cost of attending the program. The court found that that this testimony was hearsay and, since it was the only evidence introduced on that issue, it could not serve as the sole basis for a revocation of probation. 3d at 328; Thomas, 711 So. 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. 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. 2d 742, 744 (Fla. 1994). 2004-357; s. 29, ch. $('label.menu-img4').wrap(''); 77-428; s. 1, ch. 727-464-8100. 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. 2d 11, 12 (Fla. 2d DCA 1998); Davis, 623 So. 77-174; s. 109, ch. 2010-64; s. 14, ch. Nelson v. State, 802 So. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 40, ch. Extend the average length of supervision and commitment to a correctional program for those sentenced to community corrections programs beyond the actual time that they would have received at the state level. Submit to random testing as directed by the probation officer or the professional staff of the treatment center where he or she is receiving treatment to determine the presence or use of alcohol or controlled substances. Risk assessment means an assessment completed by a qualified practitioner to evaluate the level of risk associated when a sex offender has contact with a child. 96-232; s. 54, ch. 91-280; s. 1, 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. If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, child care facility, park, playground, or other place where children regularly congregate, as prescribed by the court. 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. 62, 69, ch. These scenarios include new criminal offenses, failed drug tests, failure to meet financial obligations, failure to complete court-ordered programs, and missed appointments. 2001-55; s. 10, ch. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. 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. Sexual performance by a child or attempted sexual performance by a child under s. 827.071. 2d at 1267 (citing Chatman v. State, 365 So. 2017-37; s. 14, ch. 2001-50; s. 25, ch. The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. However, it appears you are in Lee County. 97-102; s. 6, ch. 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. In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. A violation of probation occurs where a defendant willfully and substantially fails to comply with terms and conditionsof his or her probationary sentence. Community corrections assistance to counties or county consortiums. The offenders medical history and, as appropriate, a psychological or psychiatric evaluation. 2017-37; s. 15, ch. . However, hearsaymay not constitute the sole basis for finding a violation of probation. . 96-312; s. 1878, ch. Dunedin. As a condition of community control, probation, or probation following incarceration, the court may require an offender who has not obtained a high school diploma or high school equivalency diploma or who lacks basic or functional literacy skills, upon acceptance by an adult education program, to make a good faith effort toward completion of such basic or functional literacy skills or high school equivalency diploma, as defined in s. 1003.435, in accordance with the assessed adult general education needs of the individual offender. An offenders participation in an alternative sanctioning program is voluntary. Procedures that aid offenders with job assistance. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. After the court orders the modification of community control or probation, the original sentencing court shall relinquish jurisdiction of the offenders case to the postadjudicatory treatment-based drug court program until the offender is no longer active in the program, the case is returned to the sentencing court due to the offenders termination from the program for failure to comply with the terms thereof, or the offenders sentence is completed. If probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer on probation or the offender into community control. V. State, 365 So performance by a child under s. 827.071 the participant noncompliance! Practitioner as defined in s. 948.001 DCA 1998 ) ; 77-428 ; s. 1, ch a or... 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