Florida Statutes 948.035 – Residential treatment as a condition of probation or community control
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(1) If the court imposes a period of residential treatment or incarceration as a condition of probation or community control, the residential treatment or incarceration shall be restricted to the following facilities:
(a) A Department of Corrections probation and restitution center;
Terms Used In Florida Statutes 948.035
- Community control: means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. See Florida Statutes 948.001
- Contract: A legal written agreement that becomes binding when signed.
- Probation: means a form of community supervision requiring specified contacts with probation officers and other terms and conditions as provided in…. See Florida Statutes 948.001
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Qualified practitioner: means a social worker, mental health counselor, or a marriage and family therapist licensed under chapter 491 who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under chapter 458 or chapter 459; or a psychologist licensed under chapter 490. See Florida Statutes 948.001
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) A community residential facility that is owned and operated by a public or private entity, excluding a community correctional center as defined in s. 944.026; or
(c) A county-owned facility.
(2) It is the intent of the Legislature that a county jail be used as the last available alternative for placement of an offender as a condition of probation. However, this shall not create a right of placement for the probationer, nor shall it restrict judicial discretion in ordering such treatment or incarceration.
(3) Before admission to such a facility or center, a qualified practitioner must provide an individual assessment and recommendation on the appropriate treatment needs. Placement in such a facility or center may not exceed 364 days. Early completion of an offender’s placement shall be recommended to the court, when appropriate, by the facility or center supervisor, by the supervising probation officer, or by the program manager. The Department of Corrections is authorized to contract with appropriate agencies for provision of services.