Education and Learning as a Condition of Probation or Community Control

948.037 Education and learning as a condition of probation or community control.

Our Palm Beach and Broward County criminal defense lawyers at the Law Offices of Leifert & Leifert know that there is an important element of education engrained in Florida’s probation and community control programs, the details of which are spelled out in Florida State Statute 948.037.

For example, according to state law, as a condition of community control, probation, or probation following incarceration, the court shall require an offender who has not obtained a high school diploma or high school equivalency diploma or who lacks basic or functional literacy skills, to make a good faith effort toward completion of such basic or functional literacy skills or high school equivalency diploma if they are accepted to a program that allows them to do so. That said, the court shall not revoke community control, probation, or probation following incarceration because of the offender's inability to achieve such skills or diploma but the court may revoke community control, probation, or probation following incarceration if the offender fails to make a good faith effort to achieve such skills or diploma.

Completion of the educational programs prescribed by the court is not only advised as it demonstrates compliance with legal requirements set forth by the court handling your case; completing the programs can be very beneficial to you. As our Palm Beach and Broward County criminal defense lawyers know, the court has the ability to grant early termination of community control, probation, or probation following incarceration upon the offender's successful completion of the approved program.

State Statute 948.037 also deals with the education of juveniles on community control. If a juvenile on community control is a public school student, that juvenile must attend a public adult education program or a dropout prevention program, approved by the court, which includes a second chance school or an alternative to expulsion, if the school district where the juvenile is enrolled offers such programs – unless the principal of the school determines that special circumstances warrant continuation in the regular educational school program.

Finally, concerning juveniles, if a juvenile on community control attends a regular educational school program because a public adult education program or dropout prevention program – which includes a second chance school or an alternative to expulsion – is not available in the school district, the identity of the juvenile on community control, the nature of the felony offense committed by the juvenile, and the conditions of community control must be made known to each of the student's teachers.

If you have any questions about this or any other probation- or community control-related matter, please contact the Palm Beach and Broward County criminal defense lawyers at Leifert & Leifert by calling 1-888-5-DEFEND (1-888-533-3363). We look forward to assisting you!

Note.--Former s. 948.03(9).

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