eLaws of Florida

  SECTION 948.15. Misdemeanor probation services.  


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  • 1(1) 2A defendant found guilty of a misdemeanor who is placed on probation shall be under supervision not to exceed 6 months unless otherwise specified by the court. 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. In relation to any offense other than a felony in which the use of alcohol is a significant factor, the period of probation may be up to 1 year.
    111(2) 112A private entity or public entity, including a licensed substance abuse education and intervention program, under the supervision of the board of county commissioners or the court may provide probation services and licensed substance abuse education and treatment intervention programs for offenders sentenced by the county court.
    159(3) 160Any private entity, including a licensed substance abuse education and intervention program, providing services for the supervision of misdemeanor probationers must contract with the county in which the services are to be rendered. In a county having a population of fewer than 70,000, the county court judge, or the administrative judge of the county court in a county that has more than one county court judge, must approve the contract. Terms of the contract must state, but are not limited to:
    242(a) 243The extent of the services to be rendered by the entity providing supervision or rehabilitation.
    258(b) 259Staff qualifications and criminal record checks of staff.
    267(c) 268Staffing levels.
    270(d) 271The number of face-to-face contacts with the offender.
    279(e) 280Procedures for handling the collection of all offender fees and restitution.
    291(f) 292Procedures for handling indigent offenders which ensure placement irrespective of ability to pay.
    305(g) 306Circumstances under which revocation of an offender’s probation may be recommended.
    317(h) 318Reporting and recordkeeping requirements.
    322(i) 323Default and contract termination procedures.
    328(j) 329Procedures that aid offenders with job assistance.
    336(k) 337Procedures for accessing criminal history records of probationers.

    345In addition, the entity shall supply the chief judge’s office with a quarterly report summarizing the number of offenders supervised by the private entity, payment of the required contribution under supervision or rehabilitation, and the number of offenders for whom supervision or rehabilitation will be terminated. All records of the entity must be open to inspection upon the request of the county, the court, the Auditor General, the Office of Program Policy Analysis and Government Accountability, or agents thereof.

    424(4) 425A private entity that provides court-ordered services to offenders and that charges a fee for such services must register with the board of county commissioners in the county in which the services are offered. The entity shall provide the following information for each program it operates:
    471(a) 472The length of time the program has been operating in the county.
    484(b) 485A list of the staff and a summary of their qualifications.
    496(c) 497A summary of the types of services that are offered under the program.
    510(d) 511The fees the entity charges for court-ordered services and its procedures, if any, for handling indigent offenders.
    528(5) 529The 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.
History.-s. 10, ch. 91-280; s. 11, ch. 93-61; s. 42, ch. 95-283; s. 134, ch. 2001-266; s. 19, ch. 2005-28; s. 1, ch. 2012-106; s. 14, ch. 2017-115.