Latest administrative sanctions for technical violations deals

Latest administrative sanctions for technical violations deals

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The Fourth Judicial Circuit Probation and Court Services Departments created an Administrative Sanctions Program in response to Public Act 89-198 to ensure swift, certain, and fair sanctions for technical violations of adult and juvenile probationers. The program’s goal is to respond to all technical probation violations in a consistent way that recognizes the risk and needs of offenders, is proportional to the risk to the community, and uses the least restrictive response to promote long-term positive behavioral change.

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THEREFORE, I, RAUL A. ZAMBRANO, Chief Judge of Florida’s Seventh Judicial Circuit, hereby order that the following conditions apply to the Seventh Judicial Circuit’s Felony Alternative V.O.P. Sanctions scheme.
ELIGIBILITY is the first step.
Offenders must have been sentenced to probation or community control under the supervision of the Department of Corrections by a judge in Flagler, Putnam, St. Johns, or Volusia counties; have stable community ties; and have a stable residence in the county where they were sentenced in order to be qualified for the program.
Probation offenders (including opioid offenders) and community control monitoring offenders are also eligible for the program.
Only offenders who have committed such technical violations listed in the Alternative Sanctions Policy Violation/Sanction Matrix contained in this order are eligible for the program.
When it comes to deciding eligibility, the danger an offender presents to public safety is crucial.
The program does not accept inmates with long or violent criminal histories (including sex offenders).
Offenders who have been charged with new criminal offenses, absconded, or violated a “no contact” condition of supervision are also ineligible for the program.
Offenders who have committed three or more prior offenses are ineligible for the program.

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, the court has the authority to determine whether a defendant is liable for the imposition of administrative penalties under this Article.

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If the sentencing court authorizes it, a probation agency may use administrative penalties to remedy a technical violation committed by a convict each time he violates a condition of his probation if any of the following occur:
(h) The availability of effective local sanctions, such as prison, care, community service work, house arrest, electronic surveillance, restitution centers, work release centers, day reporting centers, or other local sanctions, including but not limited to jail, treatment, community service work, house arrest, electronic surveillance, restitution centers, work release centers, day reporting centers, or other local sanctions.
(2) Procedures for providing written notice to a probationer of his or her right to a probation violation hearing to decide if the probationer has violated the conditions of probation claimed in the violation report, as well as his or her right to be represented by counsel at no cost to the state at that hearing if he or she is financially qualified.
(3) Procedures for a probationer to include a written waiver of his or her right to a probation violation hearing, confess to the violation or affirmatively agree not to appeal the violation claimed in the probation violation report, and submit to the department’s application of administrative sanctions.

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