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The Florida Senate

2002 Florida Statutes

Section 948.10, Florida Statutes 2002

948.10  Community control programs.--

(1)  The Department of Corrections shall develop and administer a community control program. Such community control program and required manuals shall be developed in consultation with the Florida Conference of Circuit Court Judges and the office of the State Courts Administrator. This complementary program shall be rigidly structured and designed to accommodate offenders who, in the absence of such a program, would have been incarcerated. The program shall focus on the provision of sanctions and consequences which are commensurate with the seriousness of the crime. The program shall offer the courts and the Parole Commission an alternative, community-based method to punish an offender in lieu of incarceration when the offender is a member of one of the following target groups:

(a)  Probation violators charged with technical violations or misdemeanor violations.

(b)  Parole violators charged with technical violations or misdemeanor violations.

(c)  Individuals found guilty of felonies, who, due to their criminal backgrounds or the seriousness of the offenses, would not be placed on regular probation.

(2)  The department shall commit not less than 10 percent of the parole and probation field staff and supporting resources to the operation of the community control program. Caseloads should be restricted to a maximum of 25 cases per officer in order to ensure an adequate level of staffing. Community control is an individualized program in which the offender is restricted to noninstitutional quarters or restricted to his or her own residence subject to an authorized level of limited freedom.

(3)  The department shall develop and implement procedures to diagnose offenders during the prison intake process in order to recommend to the sentencing courts, during the period of retained jurisdiction, suitable candidates for placement in a program of community control.

(4)  The Department of Corrections shall develop, or shall contract for the development of, an implementation manual, a resource directory, and training programs for implementing community control programs.

(a)1.  The community control implementation manual shall include, but shall not be limited to, an explanation of the types of offenders who should be placed in community control programs, procedures for diagnosing offenders, objectives and goals of such placements, examples of alternative placements based upon the experience of other states, and instruction in developing an individualized program for each offender.

2.  An offender's individualized program shall include diagnosis of treatment needs in the areas of education, substance abuse, and mental health, as well as community sanction provisions, restitution and community service provisions, rehabilitation objectives and programs, and a schedule for periodic review and reevaluation of such individualized programs. Individualized programs for offenders who committed controlled substance violations shall include provision for the conduct of random substance abuse testing intermittently throughout the term of supervision, upon the direction of the correctional probation officer as defined in s. 943.10(3).

(b)  The community control resource directory shall include, but shall not be limited to, for each circuit in the state, an identification and description of community resources that are available for the implementation of community control programs, which resources include the following:

1.  The name, address, phone, county location, capacity, and cost.

2.  Client eligibility and characteristics which prohibit acceptance.

3.  The objectives of the program.

4.  The primary source of referrals.

5.  The average length of stay.

6.  The services offered.

(c)  Training programs shall be provided for correctional field staff, local offender advisory councils, and others responsible for the implementation of community control programs.

(5)  The Florida Court Education Council and the office of the State Courts Administrator shall coordinate the development and implementation of a reference manual, directory, and training programs for judges in relation to community control disposition.

(6)  Upon written request, when an offender is placed on community control, the department shall notify:

(a)  The original arresting law enforcement agency.

(b)  The sheriff or chief law enforcement officer of the county in which the offender is to be placed.

(c)  The chief officer of any local law enforcement agency within whose jurisdiction the offender is to be placed.

(d)  The victim of the offense, the victim's parent or guardian if the victim is a minor, the lawful representative of the victim or the victim's parent or guardian if the victim is a minor, or the next of kin if the victim is a homicide victim.

Such notification shall include the name and street address of the offender, the length of supervision, and the nature of the offense. Update notification must be provided with respect to violation of the terms or conditions of the placement.

History.--ss. 12, 21, ch. 83-131; s. 77, ch. 85-62; s. 62, ch. 88-122; s. 18, ch. 90-337; s. 15, ch. 91-225; s. 16, ch. 91-280; s. 1690, ch. 97-102; s. 6, ch. 2001-209.