Residential Treatment as a Condition of Probation or Community Control

Our Palm Beach and Broward County criminal defense attorneys know that the conditions of probation or community control vary from case to case. Often times, residential treatment is a condition of probation and/or community control, and this imposition by the court is outlined in s. 948.035 of the Florida State Statutes.

The statute states that if the court imposes a period of residential treatment of incarceration as a condition of probation or community control, the residential treatment or incarceration shall be restricted to a Department of Corrections probation and restitution center, a probation program drug punishment treatment community, a community residential facility which is owned and operated by any public or private entity (excluding a community correctional center), and/or a county-owned facility.

Our criminal defense lawyers know that the law is very clear about what is an acceptable facility at which someone on probation or subject to community control can serve their time in residential treatment. The law is explicitly clear that 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. The imposition of residential treatment or incarceration reflects the court’s desire to see the offender receive residential treatment for the underlying issues that have caused them to act out in a criminal manner. As the legislature prudently realizes, simply confining someone to a county jail does little to address the root causes of the criminal behavior. Still, this “last resort” policy as to placing a probationer or individual subject to community control in county jail shall not create a right of placement for the probationer, nor shall it restrict judicial discretion in ordering such treatment or incarceration.

S. 948.035 goes on to note that prior to admission to such a facility of treatment community, the court must obtain an individual assessment and recommendation on the appropriate treatment needs of the offender pursuant to the Community Control Implementation Manual, which shall be considered by the court in ordering such placements.

In terms of length of stay, the statute states that placement in such a facility or center, or in the phase I secure residential phase of a probation program drug punishment community, shall not exceed 364 days (i.e., it must be less than 1 calendar year). Early completion of an offender’s placement shall be recommended to the court – whenever appropriate – by the facility or center supervisor, by the supervising probation officer, or by the program manager.

If you have been arrested for or charged with a crime in Palm Beach, Broward or Miami-Dade County, you deserve an experienced criminal defense team on your side. Our lawyers at the Law Offices of Leifert & Leifert handle cases from the date of arrest onward, continuing to work closely with clients throughout their post-trial periods of probation and/or community control. To schedule a free, legal consultation with experienced criminal defense attorneys who know Florida law and how it applies to your case, reach out to us by calling 1-888-5-DEFEND (1-888-533-3363). We look forward to assisting you!

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