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The Florida Senate

2010 Florida Statutes

SECTION 037
Education and learning as a condition of probation or community control.
F.S. 948.037
948.037

Education and learning as a condition of probation or community control.

(1)

As a condition of community control, probation, or probation following incarceration, the court shall 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. The court shall not revoke community control, probation, or probation following incarceration because of the offender’s inability to achieve such skills or diploma but may revoke community control, probation, or probation following incarceration if the offender fails to make a good faith effort to achieve such skills or diploma. The court may grant early termination of community control, probation, or probation following incarceration upon the offender’s successful completion of the approved program. As used in this subsection, “good faith effort” means the offender is enrolled in a program of instruction and is attending and making satisfactory progress toward completion of the requirements.

(2)

A juvenile on community control who is a public school student must attend a public adult education program or a dropout prevention program, pursuant to s. 1003.53, which includes a second chance school or an alternative to expulsion, if the school district where the juvenile is enrolled offers such programs, unless the principal of the school determines that special circumstances warrant continuation in the regular educational school program.

(3)

If a juvenile on community control attends a regular educational school program because a public adult education program or dropout prevention program, which includes a second chance school or an alternative to expulsion, is not available in the school district, the identity of the juvenile on community control, the nature of the felony offense committed by the juvenile, and the conditions of community control must be made known to each of the student’s teachers.

History.

s. 23, ch. 92-310; s. 27, ch. 97-234; s. 1045, ch. 2002-387; s. 22, ch. 2004-373.

Note.

Former s. 948.03(9).