(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;
(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.
History.—s. 15, ch. 85-288; s. 37, ch. 89-526; s. 10, ch. 90-287; s. 11, ch. 91-225; s. 4, ch. 91-280; s. 20, ch. 2004-373; s. 7, ch. 2017-115.
Note.—Former s. 948.03(7).
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 948 - Probation and Community Control
948.01 - When Court May Place Defendant on Probation or Into Community Control.
948.012 - Split Sentence of Probation or Community Control and Imprisonment.
948.013 - Administrative Probation.
948.014 - Requirement to Submit to Drawing of Blood or Other Biological Specimens.
948.015 - Presentence Investigation Reports.
948.03 - Terms and Conditions of Probation.
948.031 - Condition of Probation or Community Control; Community Service.
948.032 - Condition of Probation; Restitution.
948.033 - Condition of Probation or Community Control; Criminal Gang.
948.035 - Residential Treatment as a Condition of Probation or Community Control.
948.037 - Education and Learning as a Condition of Probation or Community Control.
948.039 - Special Terms and Conditions of Probation or Community Control Imposed by Court Order.
948.04 - Period of Probation; Duty of Probationer; Early Termination; Conversion of Term.
948.064 - Notification of Status as a Violent Felony Offender of Special Concern.
948.08 - Pretrial Intervention Program.
948.081 - Community Court Programs.
948.09 - Payment for Cost of Supervision and Other Monetary Obligations.
948.10 - Community Control Programs; Home Confinement.
948.101 - Terms and Conditions of Community Control.
948.11 - Electronic Monitoring Devices.
948.12 - Intensive Supervision for Postprison Release of Violent Offenders.
948.15 - Misdemeanor Probation Services.
948.20 - Drug Offender Probation.
948.21 - Condition of Probation or Community Control; Military Servicemembers and Veterans.
948.30 - Additional Terms and Conditions of Probation or Community Control for Certain Sex Offenses.
948.32 - Requirements of Law Enforcement Agency Upon Arrest of Persons for Certain Sex Offenses.
948.51 - Community Corrections Assistance to Counties or County Consortiums.