948.062. 948.20 Drug offender probation.— (1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant's Criminal Punishment Code scoresheet total sentence . 3. Caseloads should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing. Florida felony probation Rules. As used in this chapter, the term: (1) "Administrative probation" means a form of no contact, nonreporting supervision. If the victim of the sex crime was under the age of 18 when the crime occurred, the probationer may not live within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate. Drug Offender Probation is a type of probation that may be offered to people charged with drug offenses. 948.20 Drug offender probation.—. You may be obligated to refrain from drinking or using drugs during your probation. (4) "Drug offender probation" means a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. (1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13 (2) (a) or (6) (a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s . It's essential to remain drug-free the entire time you are on probation. Individuals enrolled in these programs are often required to undergo residential treatment, while others will . See Florida Statutes 948.001; Felony: A crime carrying a penalty of more than a year in prison. (4) "Drug offender probation" means a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. If it appears to the court upon hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of Florida statute section 893.13(2)(a) or (6)(a), the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt . Once you fail a drug test, your probation officer may start the process of filing paperwork for a violation of probation (VOP). (2) "Child care facility" has the . Drug offender probation can be recommended with charges that are related to a controlled substance (possession, sale, intent to sell, etc.) Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered. As mentioned, people under drug offender probation have a long list of court-mandated rules and regulations that must be strictly followed. 948.001 Definitions.—. Drug offender probation falls under a special Florida law and has an exhaustive list of requirements that must be fulfilled while you are on probation. 948.062. 948.20 Drug offender probation.— (1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant's Criminal Punishment Code scoresheet total sentence . This includes random drug testing, substance abuse evaluation and treatment, travel restrictions, and employment requirements, among others. Probation is used in many states as a common sentence for misdemeanors, and some felonies (not including high-order felonies like murder and rape). These drugs include: Cocaine, Marijuana (more than ___ grams), Heroin, Methamphetamine, Hydrocodone, and Oxycodone and more. F.S. Caseloads should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing. Drug Offender Probation. Drug offender probation: means a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. 948.20 Drug offender probation.— (1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant's Criminal Punishment Code scoresheet total sentence . (4) "Drug offender probation" means a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. 948.061. A mandatory curfew from 10 p.m. to 6 a.m. 2. The 2021 Florida Statutes. (1) The Department of Corrections shall develop and administer a drug offender probation program which emphasizes a combination of treatment and intensive community supervision approaches and which includes provision for supervision of offenders in accordance with a specific treatment plan. Certain drug crimes in Florida carry the possibility of a special type of probation called Drug Offender probation. Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered standard conditions of probation. Crimes That May Result In Drug Offender Probation Possession of certain drugs or controlled substances constitute a felony crime pursuant to Florida Statute 893.13. 948.001 Definitions.—. If you are placed on probation, you must maintain a clean record and meet with a probation officer. Probation is a form of community supervision (the law on probation can be found in Chapter 948, Florida Statutes and in and Rule 3.790, Florida Rules of Criminal Procedure). Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered. These adult offenders are monitored and supervised by probation officers located in 130 probation offices. Definition of Probation. People on probation fail drug tests all the time. It is an alternative to incarceration (of course it can also be a set up for a quick, tough sentence down the pike) which includes a period of formal supervision which must . Caseloads should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing. Your probation officer may also arrive at your house or job and ask you to take a random drug test. Florida Statutes Chapter 948 refers to probation as a type of community supervision that enforces strict terms and conditions on a convicted offender in lieu of jail time. --If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt; and, in either case, it may stay and withhold the . Under Florida Statute 948.20 (1) drug offender status shall include surveillance AND random drug testing. 948.20 Drug offender probation.— (1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant s Criminal Punishment Code scoresheet total sentence points . Drug offender probation is defined in Florida statute section 948.20. Florida probation drug testing rules are strict, and it's not likely that you will get a second chance to provide a drug . With over 200,000 people on probation in Florida, many of those probationers are likely suffering from conditions that medical marijuana could help treat. Florida felony probation Rules. Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered. This includes random drug testing, substance abuse evaluation and treatment, travel restrictions, and employment requirements, among others. A court may order administrative probation, or the Department of Corrections may transfer an offender to administrative probation, as provided in s. 948.013. Ten of those requirements are: 1. If you refuse drug testing at any time, your probation officer may file for a VOP. But just like standard probation, if you do not fulfill all of your commitments, your felony probation officer will violate you, and the prosecutor will try to toss you in prison. SECTION 20. Probation in Florida cannot exceed the legal terms for the specific offense. Drug offender probation. 948.20 Drug offender probation. If you have violated your probation, call us for a free case evaluation at 727-531-2926. Reviewing and reporting serious offenses committed by offenders placed on probation or community control. Sex Offenders Identifying, assessing, and monitoring high-risk sex offenders on community supervision; providing cumulative criminal and supervision histories on the Internet. Probation may be granted to first-time offenders with an otherwise clean record. Judges have discretion under this statute . The Office of Community Corrections currently supervises more than 146,000 offenders throughout Florida. There is a big difference between standard felony probation in Florida and "Drug Offender" probation.. Drug offender probation falls under a special Florida law and has an exhaustive list of requirements that must be fulfilled while you are on probation. Drug Offender Probation Under Florida Statute 948.20 Under Florida Statute 948.20, Drug Offender Probation may be imposed where it is established that the Defendant is a chronic substance through evidence presented at a scheduled hearing on the issue and the Defendant is a non-violent felony offender. Sex Offender probation 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.. 948.20 Drug offender probation.—. In Florida, probation is considered a privilege, not a right, and, as outlined by the Supreme Court, does not constitute a punitive sentence. A court may order administrative probation, or the Department of Corrections may transfer an offender to administrative probation, as provided in s. 948.013. Reviewing and reporting serious offenses committed by offenders placed on probation or community control. Crimes That May Result In Drug Offender Probation Possession of certain drugs or controlled substances constitute a felony crime pursuant to Florida Statute 893.13. However, it can also be used as a modified form of probation should somebody have a probation violation for a positive drug test. 948.03 Terms and conditions of probation.—. The Florida Department of Corrections, the department responsible for the oversight of probationers, has confirmed it is accepting medical marijuana cards under certain circumstances. Drug Offender Probation Under Florida Statute 948.20 Under Florida Statute 948.20, Drug Offender Probation may be imposed where it is established that the Defendant is a chronic substance through evidence presented at a scheduled hearing on the issue and the Defendant is a non-violent felony offender. In clearer terms - when the court places a defendant on probation, although they are free from confinement, they remain under court supervision. 948.061. (1) The court shall determine the terms and conditions of probation. These conditions may include among them the . It can also be recommended in cases such as theft, dealing in stolen property, and other crimes where there is an indication the underlying cause for the crime is a drug addiction. If you agree to a term of probation, the probation officer will have the opportunity to search your house at any time without first obtaining a warrant from a Judge. In clearer terms - when the court places a defendant on probation, although they are free from confinement, they remain under court supervision. As mentioned, people under drug offender probation have a long list of court-mandated rules and regulations that must be strictly followed. A violation of probation in Florida can be serious. This includes offenders released from prison on parole, conditional release, or conditional medical release. These offenders receive some individualized terms but general rules include random drug tests, close surveillance by a senior probation officer and ongoing monitoring by the sentencing court. An offender placed on supervision in another state and supervised in Florida, will pay monthly cost of supervision in the amount of $103.72 if the offender obtained the services of a private attorney and $50.00 if the offender was provided the services of the public defender at the time of sentencing. Florida Statutes Chapter 948 refers to probation as a type of community supervision that enforces strict terms and conditions on a convicted offender in lieu of jail time. Drug Offenders In Florida, drug offenders receive a closely supervised form of intensive supervision. According to Florida probation drug testing laws, you must abide by the request. Identifying, assessing, and monitoring high-risk sex offenders on community supervision; providing cumulative criminal and supervision histories on the Internet. Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered. You can be brought back to court, and a judge may order you to serve your original sentence. (1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13 (2) (a) or (6) (a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009 . As used in this chapter, the term: (1) "Administrative probation" means a form of no contact, nonreporting supervision. 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