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2013 Florida Statutes
Misdemeanor probation services.
Misdemeanor probation services.
948.15 Misdemeanor probation services.—
(1) A 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.
(2) A 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.
(3) Any 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:
(a) The extent of the services to be rendered by the entity providing supervision or rehabilitation.
(b) Staff qualifications and criminal record checks of staff in accordance with essential standards established by the American Correctional Association as of January 1, 1991.
(c) Staffing levels.
(d) The number of face-to-face contacts with the offender.
(e) Procedures for handling the collection of all offender fees and restitution.
(f) Procedures for handling indigent offenders which ensure placement irrespective of ability to pay.
(g) Circumstances under which revocation of an offender’s probation may be recommended.
(h) Reporting and recordkeeping requirements.
(i) Default and contract termination procedures.
(j) Procedures that aid offenders with job assistance.
(k) Procedures for accessing criminal history records of probationers.
In 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.
(4) A 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:
(a) The length of time the program has been operating in the county.
(b) A list of the staff and a summary of their qualifications.
(c) A summary of the types of services that are offered under the program.
(d) The fees the entity charges for court-ordered services and its procedures, if any, for handling indigent offenders.
(5) The 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.