Violation of Probation Terms

Absconder – An offender whose whereabouts are unknown.

Adjudication – Where used herein, refers to a judgment by the Court that the defendant is guilty of an offense.

Administrative Probation – A form of non-contact supervision in which an offender who represents a low risk of harm to the community may be placed on non-reporting status until expiration of the term of supervision.

Affidavit – Where used herein, refers to a sworn written statement of fact that details the conditions of supervision violated and the manner in which the conditions were violated.

Civil Rights – Refers to rights of citizenship in the State of Florida enjoyed before the felony conviction, except the specific authority to own, possess, or use firearms.

Community Control – A form of intensive supervised house arrest in the community, including surveillance on weekends and holidays.

Community Supervision Offender – Refers to an offender placed on supervision by the Court, or the Florida Parole Commission to supervision, transferred supervision from another state, or is supervised pursuant to a pre-trial agreement.

Conditional Release – Refers to an inmate serving up to the remainder of the length of a prison sentence on community supervision. Technically, conditional release is not an early release mechanism as it merely provides for articles-release supervision for those considered serious offenders for up to the amount of gain time accrued.

Correctional Probation Officer – Refers to an officer that supervises offenders placed on supervision by the Court or released to supervision by the Florida Parole Commission. This position also conducts investigations as required by statute for the courts, other states or prison. Certification by the Criminal Justice Standards and Training Commission is required for appointment to this position.

DC Number (DC#) – Refers to the Department Offender Case Number, a six (6) character identifying number assigned to an offender under supervision or incarcerated in prison.

Disposition – Refers to the specific outcome of a case.

Drug Court – Refers to an entity given the responsibility to handle all cases (adult, family and juvenile) concerning drug-involved offenders living in the community under the Court’s jurisdiction. There are two (2) types of drug court programs: pre-conviction (PTI), and articles-plea-conviction. Offenders sentenced from a drug court may be either in or out of custody, and accountability is provided through judicial monitoring, comprehensive supervision, drug testing, treatment, rehabilitative services, and immediate sanctions and incentives. The sentencing Court reviews the offender’s progress on a regular basis.

Drug Offender Probation – Drug Offender Probation is an intensive form of supervision, which emphasizes treatment of drug offenders in accordance with individualized treatment plans. The program includes elements of substance abuse treatment and random drug testing. Contacts are made by correctional probation senior officers to ensure offenders remain drug free.

Field Supervision and Investigation – Refers to that professional activity performed by Correctional Probation Officers, supervisors and administrators which involves a personal presence in the community during which personal contact is made or is attempted with offenders and citizens regarding an offender under supervision or a person under investigation by the Department of Corrections.

House Arrest – Where used herein, refers to the condition of supervision requiring confinement of an offender to an approved residence except for one half hour before and after the offender’s approved employment, public service work or any other activities approved by their officer.

Offender Financial Obligation Agreement (OFOA) – Refers to a computer generated financial obligation and payment schedule incorporating all monetary obligations owed by the offender that are ordered by the sentencing or releasing authority.

Order of Supervision – Refers to an individual order of probation, community control, parole, conditional release, or other document from a sentencing, releasing or pretrial authority, providing for specific terms and conditions of a community supervision program.

Pre-Sentence Investigation (PSI) – Refers to an investigation ordered by the Court for the Department to complete pursuant to Sections 948.015 and 921.231, F.S. The primary purpose of the PSI is to provide the sentencing Court with timely, relevant and accurate data to assist the Court in selecting the most appropriate disposition. Its secondary purpose is to provide data to serve the needs of the correctional institution or probation and parole office that may receive the offender.

Pre-Trial Intervention (PTI) – Any individual whose offense meets criteria defined in 948.08 is eligible for the pretrial intervention program. Approval of the administrator and the consent of the victim, the state attorney, and the judge hearing the case are required in order to formally accept the offender into the program. If the offender completes the conditions of the program which could include restitution to the victim, counseling and/or community service, then the State Attorney’s Office will not prosecute the case. Failure to successfully complete the program shall result in the continued prosecution of the case by the State Attorney’s Office.

Pre-Trial Intervention – Drug Offender – Any person charged with a felony of the second or third degree for purchase or possession of a controlled substance under chapter 893, and who has not previously been convicted of a felony, nor been admitted to a pretrial program, is eligible for admission into a pretrial substance abuse education and treatment intervention program approved by the chief judge of the circuit, for a period of not less than one year. At the end of the pretrial intervention period, the Court shall make a decision as to the disposition of the pending charges. The Court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. Failure to successfully complete the program shall result in the continued prosecution of the case by the State Attorney’s Office.

Probation – A Court-ordered term of community supervision under specified conditions for a specific period of time that cannot exceed the maximum sentence for the offense. The probationer is required to abide by all conditions ordered by the Court. Violation of these conditions may result in revocation by the Court and imposition of any sentence, which it might have imposed when originally placing the offender on probation. The probationer is generally required to pay the cost of supervision to the state of Florida, and may have additional conditions requiring payment of restitution, court costs and fines, public service and various types of treatment.

Probationer – Refers to the offender placed under community supervision.

Public Service Work – Refers to work an offender performs without pay for the benefit of the community. The work is performed only for designated tax-supported or tax-exempt entities, which enter into a formal agreement to employ offenders instructed to perform public service work as a condition of supervision.

Restitution – Where used herein, refers to monetary payment or non-monetary service by the offender to the victim for damage/loss caused directly or indirectly by the defendant or that is related to the defendant’s criminal episode.

Revocation – Refers to a Court (or releasing authority) decision rescinding a term of supervision due to violations of the conditions of supervision by an offender. An offender is entitled to a hearing before the Court of original jurisdiction or the releasing authority prior to a decision to revoke the supervision period.

Sexual Offender – Refers to a person who meets the criteria proscribed in section 943.0435(1), F.S., and is subject to registration requirements and community and public notification.

Sexual Predator – Refers to a person who is court designated as a sexual predator, meets the criteria proscribed in section 775.21(4), F.S., and is subject to registration requirements and community and public notification.

Special Condition – Where used herein, refers to an additional condition(s) of supervision ordered by the sentencing (or releasing) authority over and above the standard conditions.

Split Sentence – Refers to an individual sentenced to a specified length of confinement followed by a period of community supervision by a sentencing authority. The confinement may be in county jail or state prison.

Standard Condition – Refers to a condition provided in Chapter 948, F.S., or 947.1405, F.S., which is common to a specific form of supervision and does not require oral pronouncement at the time of sentencing.

State Prison – Refers to a Florida Department of Corrections correctional institution where offenders are incarcerated.

Victim – Where used herein, refers to each person who suffers property damage or loss, monetary expense, or physical, sexual or emotional injury, or death as a direct/indirect result of the defendant’s offense or criminal episode.

Violation Report – Refers to an investigation submitted to the sentencing/releasing authority by the probation officer when there is evidence that an offender willfully violated one or more conditions of supervision. The report contains details of the violation, the offender’s statement, a supervision summary, and recommendation.

Warrant – Refers to a writ authorizing the arrest of the offender for violation of supervision. A Circuit Court judge or a Parole Commissioner may issue it.

Withholding of Adjudication – Refers to a judgment by the Court to withhold pronouncement of guilt upon the defendant for an offense.

Absconder – An offender whose whereabouts are unknown.

Adjudication – Where used herein, refers to a judgment by the Court that the defendant is guilty of an offense.

Administrative Probation – A form of non-contact supervision in which an offender who represents a low risk of harm to the community may be placed on non-reporting status until expiration of the term of supervision.

Affidavit – Where used herein, refers to a sworn written statement of fact that details the conditions of supervision violated and the manner in which the conditions were violated.

Civil Rights – Refers to rights of citizenship in the State of Florida enjoyed before the felony conviction, except the specific authority to own, possess, or use firearms.

Community Control – A form of intensive supervised house arrest in the community, including surveillance on weekends and holidays.

Community Supervision Offender – Refers to an offender placed on supervision by the Court, or the Florida Parole Commission to supervision, transferred supervision from another state, or is supervised pursuant to a pre-trial agreement.

Conditional Release – Refers to an inmate serving up to the remainder of the length of a prison sentence on community supervision. Technically, conditional release is not an early release mechanism as it merely provides for articles-release supervision for those considered serious offenders for up to the amount of gain time accrued.

Correctional Probation Officer – Refers to an officer that supervises offenders placed on supervision by the Court or released to supervision by the Florida Parole Commission. This position also conducts investigations as required by statute for the courts, other states or prison. Certification by the Criminal Justice Standards and Training Commission is required for appointment to this position.

DC Number (DC#) – Refers to the Department Offender Case Number, a six (6) character identifying number assigned to an offender under supervision or incarcerated in prison.

Disposition – Refers to the specific outcome of a case.

Drug Court – Refers to an entity given the responsibility to handle all cases (adult, family and juvenile) concerning drug-involved offenders living in the community under the Court’s jurisdiction. There are two (2) types of drug court programs: pre-conviction (PTI), and articles-plea-conviction. Offenders sentenced from a drug court may be either in or out of custody, and accountability is provided through judicial monitoring, comprehensive supervision, drug testing, treatment, rehabilitative services, and immediate sanctions and incentives. The sentencing Court reviews the offender’s progress on a regular basis.

Drug Offender Probation – Drug Offender Probation is an intensive form of supervision, which emphasizes treatment of drug offenders in accordance with individualized treatment plans. The program includes elements of substance abuse treatment and random drug testing. Contacts are made by correctional probation senior officers to ensure offenders remain drug free.

Field Supervision and Investigation – Refers to that professional activity performed by Correctional Probation Officers, supervisors and administrators which involves a personal presence in the community during which personal contact is made or is attempted with offenders and citizens regarding an offender under supervision or a person under investigation by the Department of Corrections.

House Arrest – Where used herein, refers to the condition of supervision requiring confinement of an offender to an approved residence except for one half hour before and after the offender’s approved employment, public service work or any other activities approved by their officer.

Offender Financial Obligation Agreement (OFOA) – Refers to a computer generated financial obligation and payment schedule incorporating all monetary obligations owed by the offender that are ordered by the sentencing or releasing authority.

Order of Supervision – Refers to an individual order of probation, community control, parole, conditional release, or other document from a sentencing, releasing or pretrial authority, providing for specific terms and conditions of a community supervision program.

Pre-Sentence Investigation (PSI) – Refers to an investigation ordered by the Court for the Department to complete pursuant to Sections 948.015 and 921.231, F.S. The primary purpose of the PSI is to provide the sentencing Court with timely, relevant and accurate data to assist the Court in selecting the most appropriate disposition. Its secondary purpose is to provide data to serve the needs of the correctional institution or probation and parole office that may receive the offender.

Pre-Trial Intervention (PTI) – Any individual whose offense meets criteria defined in 948.08 is eligible for the pretrial intervention program. Approval of the administrator and the consent of the victim, the state attorney, and the judge hearing the case are required in order to formally accept the offender into the program. If the offender completes the conditions of the program which could include restitution to the victim, counseling and/or community service, then the State Attorney’s Office will not prosecute the case. Failure to successfully complete the program shall result in the continued prosecution of the case by the State Attorney’s Office.

Pre-Trial Intervention – Drug Offender – Any person charged with a felony of the second or third degree for purchase or possession of a controlled substance under chapter 893, and who has not previously been convicted of a felony, nor been admitted to a pretrial program, is eligible for admission into a pretrial substance abuse education and treatment intervention program approved by the chief judge of the circuit, for a period of not less than one year. At the end of the pretrial intervention period, the Court shall make a decision as to the disposition of the pending charges. The Court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. Failure to successfully complete the program shall result in the continued prosecution of the case by the State Attorney’s Office.

Probation – A Court-ordered term of community supervision under specified conditions for a specific period of time that cannot exceed the maximum sentence for the offense. The probationer is required to abide by all conditions ordered by the Court. Violation of these conditions may result in revocation by the Court and imposition of any sentence, which it might have imposed when originally placing the offender on probation. The probationer is generally required to pay the cost of supervision to the state of Florida, and may have additional conditions requiring payment of restitution, court costs and fines, public service and various types of treatment.

Probationer – Refers to the offender placed under community supervision.

Public Service Work – Refers to work an offender performs without pay for the benefit of the community. The work is performed only for designated tax-supported or tax-exempt entities, which enter into a formal agreement to employ offenders instructed to perform public service work as a condition of supervision.

Restitution – Where used herein, refers to monetary payment or non-monetary service by the offender to the victim for damage/loss caused directly or indirectly by the defendant or that is related to the defendant’s criminal episode.

Revocation – Refers to a Court (or releasing authority) decision rescinding a term of supervision due to violations of the conditions of supervision by an offender. An offender is entitled to a hearing before the Court of original jurisdiction or the releasing authority prior to a decision to revoke the supervision period.

Sexual Offender – Refers to a person who meets the criteria proscribed in section 943.0435(1), F.S., and is subject to registration requirements and community and public notification.

Sexual Predator – Refers to a person who is court designated as a sexual predator, meets the criteria proscribed in section 775.21(4), F.S., and is subject to registration requirements and community and public notification.

Special Condition – Where used herein, refers to an additional condition(s) of supervision ordered by the sentencing (or releasing) authority over and above the standard conditions.

Split Sentence – Refers to an individual sentenced to a specified length of confinement followed by a period of community supervision by a sentencing authority. The confinement may be in county jail or state prison.

Standard Condition – Refers to a condition provided in Chapter 948, F.S., or 947.1405, F.S., which is common to a specific form of supervision and does not require oral pronouncement at the time of sentencing.

State Prison – Refers to a Florida Department of Corrections correctional institution where offenders are incarcerated.

Victim – Where used herein, refers to each person who suffers property damage or loss, monetary expense, or physical, sexual or emotional injury, or death as a direct/indirect result of the defendant’s offense or criminal episode.

Violation Report – Refers to an investigation submitted to the sentencing/releasing authority by the probation officer when there is evidence that an offender willfully violated one or more conditions of supervision. The report contains details of the violation, the offender’s statement, a supervision summary, and recommendation.

Warrant – Refers to a writ authorizing the arrest of the offender for violation of supervision. A Circuit Court judge or a Parole Commissioner may issue it.

Withholding of Adjudication – Refers to a judgment by the Court to withhold pronouncement of guilt upon the defendant for an offense.

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