NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE AND OSCEOLA COUNTIES, FLORIDA ORDER GOVERNING ALTERNATIVE SANCTIONS PROGRAM

Similar documents
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. Administrative Order No Crim

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA ADMINISTRATIVE ORDER S ALTERNATIVE SANCTIONING PROGRAM

Administrative Order No Crim

AMENDED CRIMINAL ALTERNATIVE SANCTIONING PROGRAM

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO.

NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE AND OSCEOLA COUNTIES, FLORIDA ORDER GOVERNING VETERANS COURT

THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO ALACHUA COUNTY DRUG COURT

AMENDED ORDER GOVERNING THE MOVEMENT OF SELECTED INMATES INTO COMMUNITY CORRECTIONS PROGRAMS, OSCEOLA COUNTY

State of Florida Ninth Judicial Circuit of Florida

AMENDED ADMINISTRATIVE ORDER GOVERNING EXPRESSIVE CONDUCT TOWARD SUMMONED JURORS, ORANGE AND OSCEOLA COUNTIES

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA

ORDER MODIFYING SENTENCE

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S )

IC Chapter 6. Parole and Discharge of Delinquent Offenders

2012 Judicial Conference. Swift and Sure Sanctions Pilot Program (SSSP)

OVERVIEW OF THE JUVENILE JUSTICE SYSTEM. Laura Lothman Lambert Director, Juvenile Division

United States District Court

Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification.

1. The current or related charge is one of domestic violence (AS (c));

FOR ORANGE COUNTY, FLORIDA AMENDED ADMINISTRATIVE ORDER GOVERNING THE CRIMINAL TRAFFIC WRITTEN PLEA BUREAU IN ORANGE COUNTY, FLORIDA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE. JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)

Chester County Swift Alternative Violation Enforcement Supervision SAVE

IN THE TIORTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S )

6-1 CHAPTER 6 MAGISTRATE (F) MAGISTRATE COURT ESTABLISHED: JURISDICTION

Each specialized docket is presided over by one of the six elected judges. The presiding judge may refer the specialized docket to a magistrate.

HOUSE BILL NO. HB0094. Sponsored by: Joint Judiciary Interim Committee A BILL. for. AN ACT relating to criminal justice; amending provisions

STATUTES / RULES OF CRIMINAL PROCEDURE: Probation Revocations

AMENDED ORDER GOVERNING BUSINESS COURT PROCEDURES AND CRITERIA. WHEREAS, the Ninth Judicial Circuit established and operated a specialized

Office Of The District Attorney

United States District Court

CHAPTER Committee Substitute for Senate Bill No. 1552

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY CRIMINAL JUSTICE DIVISION

ADULT CLIENT SERVICES BRANCH SECOND JUDICIAL CIRCUIT

SENATE, No. 881 STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

Arkansas Parole Board Manual SOS Rule Number 158 Stricken Language New Language 3 - RELEASE REVOCATION

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULES 3:26 BAIL

PROBATION QUARTERLY REPORTS

PROPOSED RULES OF APPELLATE PROCEDURE AMENDMENT APPEAL PROCEEDINGS IN CRIMINAL CASES

Mandatory Minimum Confinement for Community Custody Violators A Report by the Sentencing Guidelines Commission December 2010

Case 8:15-cr JLS Document 59 Filed 03/09/18 Page 1 of 6 Page ID #:300 United States District Court Central District of California

Massachusetts Sentencing Commission Current Statutes Mass. Gen. Laws ch. 211E 1-4 (2018)

UNITED STATES DISTRICT COURT

JUDICIAL CIRCUIT, IN AND FOR ORANGE AND OSCEOLA COUNTIES, FLORIDA

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY, MISSISSIPPI CAUSE NUMBER HINDS COUNTY DRUG COURT PROBATION PROGRAM

Summit on Effective Responses to Violations of Probation and Parole

Corrections Division Policy and Procedure Manual Mendocino County Sheriff's Office

REVISOR XX/BR

United States District Court

INVENTORY OF SPECIAL CONDITIONS OF PROBATION

Title 15: COURT PROCEDURE -- CRIMINAL

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. Administrative Order Civ

ICAOS Rules. General information

WHEREAS, there is a need to establish uniform standards and procedures for the

COUNTY OF OTTAWA CIRCUIT COURT PROBATION AND PAROLE 2016 YEAR END REPORT. Administrative Offices: Grand Haven, Holland, Hudsonville

SENATE BILL NO. 33 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED

Protective Orders No-Trespass/No-Contact Order What happens after a police report is filed? Miscellaneous Criminal Justice Information

Types of Programs Fall Conference. Dispute Resolution Center (DRC)

POLICY AND OPERATING PROCEDURE

Case 8:07-cr CJC Document 50 Filed 12/18/12 Page 1 of 5 Page ID #:213. United States District Court Central District of California

THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO PRELIMINARY PROCEEDINGS UNDER THE FLORIDA CONTRABAND FORFEITURE ACT

The Family Court Process for Children Charged with Criminal and Status Offenses

Supreme Court of Florida

COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT COUNTY, ILLINOIS. PEOPLE OF THE STATE OF ILLINOIS ) ) v. ) Case No. ) ) ) ) Defendant )

Case 8:07-cr AG Document 141 Filed 01/11/11 Page 1 of 6 Page ID #:2159. United States District Court Central District of California

IN THE MUNICIPAL COURT FOR LAKEWOOD / UNIVERSITY PLACE / STEILACOOM / DUPONT PIERCE COUNTY, STATE OF WASHINGTON

Department of Corrections

Case 2:08-cr DDP Document 37 Filed 10/19/2009 Page 1 of 5. United States District Court Central District of California

Overcrowding Alternatives

CASE NUMBER: UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED

RELATED PRIVATE ACTS 1. Priv. Acts 1986, ch. 132, "Creating a municipal court"... C-63

17th Circuit Court Kent County Courthouse 180 Ottawa Avenue NW, Grand Rapids, MI Phone: (616) Fax: (616)

CASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:

Florida Senate SB 170 By Senator Lynn

2014 Kansas Statutes

Parole Release and. Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016

UNITED STATES DISTRICT COURT

1""""11" ,'-' JORDAN D. COTTON, ) rn ;::::,

SUPERIOR AND DISTRICT COURT DIVISIONS ADMINISTRATIVE ORDER

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 522

Assembly Bill No. 510 Select Committee on Corrections, Parole, and Probation

Case 8:06-cr DOC Document 43 Filed 02/08/2008 Page 1 of 5. United States District Court Central District of California

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

United States District Court Western District of Kentucky PADUCAH DIVISION

Diverting Low-Risk Offenders From Florida Prisons A Presentation to the Senate Appropriations Subcommittee on Criminal and Civil Justice

WHAT YOU NEED TO KNOW

Seminole Tribe of Florida SEMINOLE TRIBAL COURT ORDINANCE

ASSEMBLY, No STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

IC Chapter 9. Sealing and Expunging Conviction Records

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA

v. CASE NO.: 2007-CA-5882-O Writ No.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,

United States District Court

IC Chapter 16. Problem Solving Courts

UNITED STATES DISTRICT COURT Northern District of California

Clerk Collection Best Practices

State Policy Implementation Project

NEW MEXICO. New Mexico 1

Effective Dates For most provisions: June 8, 2011 Delayed effective dates for some provisions (noted later)

Transcription:

ADMINISTRATIVE ORDER NO. 2018-03 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE AND OSCEOLA COUNTIES, FLORIDA ORDER GOVERNING ALTERNATIVE SANCTIONS PROGRAM WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution and section 43.26, Florida Statutes, the chief judge of each judicial circuit is charged with the authority and the power to do everything necessary to promote the prompt and efficient administration of justice; and WHEREAS, pursuant to the chief judge s constitutional and statutory responsibility for administrative supervision of the courts within the circuit and to create and maintain an organization capable of effecting the efficient, prompt, and proper administration of justice for the citizens of this State, the chief judge is required to exercise direction, see Fla. R. Jud. Admin. 2.215(b)(2), (b)(3); and WHEREAS, there are a substantial number of technical violations that do not involve a new arrest or other serious violations; and WHEREAS, arresting and incarcerating certain non-violent offenders for minor violations of probation or community control is both expensive and nonproductive; and WHEREAS, there is research to support that recidivism may be reduced by utilizing collaborative efforts among the courts, probation and law enforcement to hold the offender accountable and apply swift and certain sanctions for technical violations of probation or community control; and WHEREAS, an administrative option for processing technical violations will have the potential to offer benefits including: Reducing the court docket of probation and community control violation hearings; Reducing the workload of prosecutors and defense attorneys involved with many technical violation hearings;

Reducing law enforcement resources required to serve violation warrants for certain technical violations; Reducing jail population for offenders pending violation hearings; and Offering the offender an alternative to a violation hearing in court, which will allow the offender to remain engaged in employment, school, treatment, etc. and allow the offender to take immediate responsibility for their actions and comply with the consequences of those actions; and WHEREAS, the Florida Legislature recognizes the value of an alternative sanctioning program for technical violations of probation and community control and has authorized trial court chief judges, in consultation with the state attorney, public defender, and the Department of Corrections to establish a local alternative sanctioning program. Ch. 2016-100, 1, Laws of Fla.; NOW, THEREFORE, I, Frederick J. Lauten, in order to facilitate the efficient operation of the administration of justice, and pursuant to the authority vested in me as Chief Judge of the Ninth Judicial Circuit of Florida under Florida Rule of Judicial Administration 2.215, hereby order the following, effective immediately, to continue until further order and superseding any provisions in prior Administrative Orders which may be inconsistent: 1. ALTERNATIVE SANCTIONING PROGRAM. There is created in the Ninth Judicial Circuit a program that shall be known as the Alternative Sanctioning Program in accordance with section 948.06(1)(h), Florida Statutes. The Alternative Sanctioning Program provides the court and the Florida Department of Corrections (FDC) an alternative, administrative method of reporting and resolving certain technical violations in lieu of submitting violation of probation affidavits and warrants to the court. 2. ELIGIBILITY CRITERIA. To be eligible for the program, offenders must have been placed on probation or community control under the supervision of the Department of Corrections by a judge in the Ninth Judicial Circuit, have stable community ties, and have a stable residence in either Orange or Osceola County, Florida. Offenders who are eligible for the Page 2 of 8

program include probation offenders, drug offenders, and community control supervision offenders. The program only applies to offenders who have committed certain technical violations addressed in the Alternative Sanctioning Program Violation/Sanction Matrix included in section (3) of this Order. The threat an offender poses to public safety is the most important factor in determining eligibility. Offenders with a lengthy or violent criminal history and sex offenders, are not eligible to be in the program. Additionally, offenders who have new law violations, are absconders, or have violated a no contact condition of supervision are not eligible for the program. No offender who has three or more previous violations is eligible for the program. 3. QUALIFYING TECHNICAL VIOLATIONS AND APPROVED SANCTIONS. The following matrix lists the specific technical violations that may be addressed through the Alternative Sanctioning Program process for offenders who were sentenced in the Ninth Judicial Circuit. Each technical violation includes a list of sanctions determined and approved by the court for the probation officer to select from when reporting these technical violations, based on the individual offender s circumstances at the time of the violation. ALTERNATIVE SANCTIONING PROGRAM VIOLATION/SANCTION MATRIX VIOLATION Condition (1): Reported late; failed to report as instructed. Condition (3): Failed to report changes in residence or employment without first procuring the officer s consent (or notifying immediately if evicted from residence or laid off from job). APPROVED LIST OF SANCTIONS 1. Weekly call in for 6 weeks. 2. Twice a month reporting for 3 months. 3. Weekly reporting for 6 weeks. 4. Attend a Lifeskills/Career Readiness class as directed 5. Thinking for Change program through DOC. 6. Participate in 3 sessions with DOC Employment Specialist. 1. Weekly call in for 6 weeks. 2. Twice a month reporting for 3 months. 3. Weekly reporting for 6 weeks. 4. Attend a Lifeskills class as directed 5. Thinking for Change program through DOC. 6. Participate in 3 sessions with DOC Employment Specialist. Page 3 of 8

Condition (3): Failed to request permission prior to leaving the county. Condition (6): Found to be associating with person(s) engaged in criminal activity. Condition (7): Positive drug test for nonprescribed drugs (first occurrence). Condition (7): Positive drug test for nonprescribed drugs (second occurrence). Condition (8): Failure to maintain employment. Condition (9): Failure to answer inquiries truthfully (depending on nature of question, response, and reason for being untruthful, consequence will vary). 1. Weekly call in for 6 weeks. 2. Twice a month reporting for 60 days. 3. Weekly reporting for 6 weeks at discretion of PO. 1. Curfew from 8 p.m. to 6 a.m. for 90 days (can be 2. Weekly call in for 6 weeks. 3. 25 hours public service work. 5. Attend a Lifeskills/Career Readiness class as directed 6. Attend the GED program if deemed appropriate through PO. 7. Participate in 3 sessions with DOC Employment Specialist. 1. Drug evaluation and successfully complete treatment determined necessary. 2. Increase level of treatment program up to and including residential. 3. Curfew from 8 p.m. to 6 a.m. for 90 days (can be 5. Attend a Lifeskills/Career Readiness class as directed 6. Attend 90 days NA/AA meetings. 1. Drug evaluation and successfully complete treatment determined necessary. 2. Increase level of treatment program up to and including residential. 3. Curfew from 8 p.m. to 6 a.m. for 90 days (can be 5. Attend a Lifeskills/Career Readiness class as directed 6. Attend 90 days NA/AA meetings. 1. Weekly reporting with Job Search logs until employed. 2. Daily reporting with job search logs until employed. 3. Curfew from 8 p.m. to 6 a.m. for 90 days (can be 4. Attend 3 sessions with the DOC Employment Specialist. 5. Thinking for Change class through DOC. 6. Participation in the GED program through DOC. 7. Attend a Lifeskills/Career Readiness class as directed 1. Weekly call-in for 4 weeks. 2. 8 hours of community service work. Page 4 of 8

Condition (9): Failure to comply with officer s instructions (depending on nature of instruction and reason for not complying, consequence will vary). Condition (10): Failure to pay restitution or court costs. Condition (11): Failure to submit to random testing as directed. Special Condition (1): Failure to attend treatment evaluation or treatment session as scheduled. Special Condition (8): Failure to complete community service hours as instructed. Special Condition (9): Failure to remain at residence during curfew period. Community Control Condition (16): Failure to maintain approved schedule unapproved absence from required location (negligence in getting home late, stopping at store on way home without permission). 1. Weekly call in for 4 weeks. 2. 8 hours Community service work. 3. Thinking for Change class through DOC. 4. Attend a Lifeskills/Career Readiness class as directed 5. If employment related, participate in three sessions with DOC Employment Specialist. 1. If unemployed-daily job search. 2. If employed-monthly budgeting. 3. Curfew from 8 p.m. to 6 a.m. (can be modified by PO for treatment or work purposes). 4. Weekly call in until monetary obligations are current. 5. Extend probation to auto term upon completion of all conditions. 6. Attend Lifeskills/Career Readiness class as directed 7. Attend and participate in three sessions with DOC Employment Specialist. 1. Weekly reporting by 11 am. 2. Reporting 3 times per week by 11 am. 3. Curfew from 8 p.m. until 6 a.m. for 90 days (can be 4. Attend Lifeskills/Career Readiness class as directed 5. Substance abuse evaluation and treatment determined necessary. 6. Thinking for Change class through DOC. 7. Attend 90 NA/AA meetings. 1. Curfew from 8 p.m. to 6 a.m. until evaluation is completed. 2. Weekly reporting until evaluation is completed. 3. Daily call in until evaluation is completed. 1. Weekly reporting until community service hours completed/current, if employed. 2. Enrollment in Thinking for Change class through DOC. 1. Weekly reporting for three months. 2. Electronic Monitoring for 30 days. 1. Electronic Monitoring for 30 days. 2. 10 Hours Community Service work. 3. 20 Hours Community Service work. 5. Attend Lifeskills/Career Readiness class as directed Page 5 of 8

4. ALTERNATIVE SANCTIONING PROGRAM PROCESS. A. The probation or community control officer may inform offenders who have committed violations enumerated in section 3 of this Order that they may participate in the Alternative Sanctioning Program for administrative disposition of the violation. No offender is required to participate in the Alternative Sanctioning Program and may instead opt for a formal violation of probation or community control proceeding in Circuit Court. The offender s participation in the Alternative Sanctioning Program is voluntary. The offender may elect to waive or discontinue participation in the Alternative Sanctioning Program at any time before the issuance of a court order imposing the recommended sanction. If the offender elects to discontinue participation in the Alternative Sanctioning Program, the offender s prior admission to the technical violation may not be used as evidence in subsequent proceedings. B. If the offender admits the violation, agrees to accept the administrative sanction recommended by the probation officer, and agrees to waive all their rights associated with a formal violation hearing to modify their sentence, the probation officer will prepare an Alternative Sanctioning Program Technical Violation Notification and Offender s Waiver of Formal VOP/VOCC Hearing, Admission of Violation and Acceptance of Sanctions (DC3-2027) form, which will provide details of the circumstances of the technical violation that occurred and the probation officer s recommended sanction, based on the sanctions listed in the approved matrix. Offenders agreeing to participate in the Alternative Sanctioning Program agree to waive the right to: 1. Be represented by legal counsel, 2. Require the state to prove their guilt before a neutral and detached hearing body, 3. Subpoena witnesses and present to a judge evidence in their defense. 4. Confront and cross-examine witnesses, and 5. Receive a written statement from a fact finder as to the evidence relied on and the reasons for the sanctions imposed. Page 6 of 8

If the offender agrees to participate in the Alternative Sanctioning Program, they will sign the second section of the DC3-2027 form titled Offender s Waiver of Formal VOP/VOCC Hearing, Admission of Violation, and Acceptance of Sanctions, which will be submitted to the court once the probation officer and supervisor signs and dates the form. C. The judge shall review the Alternative Sanctioning Program Technical Violation Notification and Offender s Waiver of Formal VOP/VOCC Hearing, Admission of Violation and Acceptance of Sanctions (DC3-2027) form submitted and, if the judge agrees that the technical violation should be addressed via the Alternative Sanctioning Program and agrees with the recommended sanction, the judge will sign the Order - Alternative Sanctions Program. If the judge does not agree with the particular sanction recommended by the officer or does not agree that the technical violation should be addressed via the Alternative Sanctioning Program, the judge shall reflect further instructions on the order. D. Upon court approval the probation officer will instruct the offender on the sanction imposed by the court and instruct the offender to take actions necessary to ensure the sanction is executed immediately. Failure to complete the imposed sanction as instructed will result in a violation report, affidavit and warrant being submitted to the court. 5. ADMINISTRATION. The Alternative Sanctioning Program shall be administered by the Ninth Judicial Circuit and the Florida Department of Corrections. DONE AND ORDERED at Orlando, Florida, this 12 th day of February, 2018. /s/ Frederick J. Lauten Chief Judge Page 7 of 8

Copies provided to: Clerk of Courts, Orange County Clerk of Courts, Osceola County General E-Mail Distribution List http://www.ninthcircuit.org Page 8 of 8