IN
THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO
RE: AMENDED
VIOLATIONS OF FELONY PROBATION OR COMMUNITY CONTROL
Section 948.06(1), Florida Statutes, was amended by the Legislature in SB 1792 (Chapter 2007-210, Laws of Florida) to address several issues related to allegations of a violation of felony probation. The legislation authorizes a judge to issue a Notice to Appear instead of issuing a warrant for the arrest of the probationer. It also authorizes the Chief Judge to direct the Department of Corrections to use a technical violation letter in lieu of a violation report, affidavit, or warrant in certain circumstances. The legislation provides that a technical notification letter may not be used if the violation constitutes a misdemeanor or felony. If the Chief Judge elects to use a technical notification letter, the Chief Judge must specify in writing the types of violations that are to be reported by such a letter. In order to address these issues, it is hereby
ORDERED:
1. The Department of Corrections may report alleged violations of probation or community control by a technical notification letter or by affidavit and a Notice to Appear when the offender:
a. failed to report to the probation officer as directed,
b. failed to be truthful to the probation officer,
c. failed to follow instructions of the probation officer,
d. failed to obtain permission prior to moving from an approved residence,
e. failed to obtain permission prior to leaving approved employment,
f. failed to comply with the terms of curfew,
g. failed to obtain permission prior to leaving the county,
h. failed to make restitution payments,
i. failed to pay court costs under a payment plan,
j. failed to perform required community service, or
k. committed an ordinance violation.
2. The Department of Corrections may report alleged violations of probation or community control by submitting an affidavit and proposed Notice to Appear when the offender:
a. has positive results of a drug screen, or
b. has committed a second degree misdemeanor.
3. In Pinellas County, a technical notification letter or affidavit and Notice to Appear is to be submitted to the judge assigned to section Q except for
a. Cases from section M or section N,
b. Cases that arise from a violation of chapter 794, sections 800.04(4),
800.04(5), 800.04(6), 827.071 or
847.0145,
c. Cases where the defendant has an additional open felony charge,
which shall be submitted to the
assigned section judge. In
For a technical notification letter, if the judge agrees that the alleged violation does not require action by the court, the technical notification letter shall be forwarded to the Clerk of the Circuit Court for filing in the court file. If the judge determines that the alleged violation requires court review, then the judge shall return the letter to the Department of Corrections with a directive to promptly submit an affidavit so that the court may either issue a Notice to Appear or a warrant.
If an affidavit and proposed Notice to Appear is submitted but the judge determines that the alleged violation requires arrest of the offender, the judge shall return the Notice to Appear to the Department of Corrections with a directive to promptly submit a warrant.
4. The
Department of Corrections shall report all other alleged violations of
probation or community control by submitting an affidavit and warrant. In
a. Cases from section M or section N,
b. Cases that arise from a violation of chapter 794, sections 800.04(4),
800.04(5), 800.04(6), 827.071 or
847.0145,
c. Cases where the defendant has an additional open felony charge,
which shall be submitted to the
assigned section judge. In
5. When the Department of Corrections submits an affidavit regarding a person alleged to have violated probation or community control the Department shall:
a. Indicate whether the Department seeks a warrant for the arrest
of the offender or is requesting the Court to issue a Notice to Appear.
b. Indicate whether the offender has ever been convicted of committing
or is currently alleged to have committed a qualifying offense as defined
in s. 948.06,
6. If the Department requests a Notice to Appear, the Department may also request that the date of the hearing be set after the next scheduled appointment with the offender. When the Court signs a Notice to Appear, the Court shall set a date for a hearing on the violation. The Department of Corrections is to provide notice to the offender. The attached form Notice to Appear in Appendix A may be used.
When a Notice to Appear is to be issued, the Department of Corrections shall submit an original and four (4) copies to the Court. The Court shall sign the original and provide the original to the Clerk, two copies to the Department of Corrections, one copy to the State Attorney, and one copy to the Public Defender.
7. If the Department of Corrections is unable to provide notice to an offender of the hearing date, the Department of Corrections shall prepare a warrant for the offender’s arrest.
Administrative Order 2007-073 PA/PI-CIR is hereby rescinded.
DONE
AND ORDERED in Chambers at
___________________________
Robert J. Morris, Jr., Chief Judge
cc: All Judges
The Honorable
The Honorable
The Honorable
The Honorable
Debbie Gay, Assistant Court Services
Carol Heath,
Executive Director, Pinellas County Clerk’s Office
Gay
L. Inskeep, Trial Courts Administrator
Kerry
L
Bar Associations,
Law
Libraries,
In the Circuit Court, In and For Pasco
County, Florida
STATE OF
|
|
v.
|
Case No.: WS |
|
,
Defendant |
Division: _______ |
SPN: _____________________
|
|
DOC #: _____________________
|
|
Notice to Appear
You are hereby ordered to appear to respond to charges that
you violated probation. You are ordered
to appear at the
Failure to appear for the above-referenced
hearing will result in a warrant being issued for your arrest for an alleged
violation of probation.
|
TO BE COMPLETED
BY THE DEPARTMENT OF CORRECTIONS:
Date:________________________ The above
offender is not a Violent Felony Offender of Special Concern. ________________________________
Probation Officers Signature |
____________________________________
Date Judge’s
Signature
If you are a
person with a disability who needs any accommodation in order to participate in
this proceeding, you are entitled, at no cost to you to the provision of
certain assistance. Within two (2)
working days of your receipt of this Notice to Appear please contact the Public
Information Dept., Pasco County Government Center, 7530 Little Rd., New Port
Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext.
8110 (V) in Dade City; via 1-800-955-8771 if you are hearing impaired.
Distribution: Original: Clerk Ÿ First & Second Copy: DOC Ÿ Third Copy: State Attorney ŸFourth Copy: Public Defender
In the Circuit Court, In and For Pasco
County, Florida
STATE OF
|
|
v.
|
Case No.: ES |
|
, Defendant |
Division: _______ |
SPN: _____________________
|
|
DOC #: _____________________
|
|
Notice to Appear
You are hereby ordered to appear to respond to charges that
you violated probation. You are ordered
to appear at the Pasco County Courthouse,
Failure to appear for the
above-referenced hearing will result in a warrant being issued for your arrest
for an alleged violation of probation.
|
TO BE COMPLETED
BY THE DEPARTMENT OF CORRECTIONS:
Date:________________________ The above
offender is not a Violent Felony Offender of Special Concern. ________________________________
Probation Officers Signature |
____________________________________
Date Judge’s
Signature
If you are a
person with a disability who needs any accommodation in order to participate in
this proceeding, you are entitled, at no cost to you to the provision of
certain assistance. Within two (2)
working days of your receipt of this Notice to Appear please contact the Public
Information Dept., Pasco County Government Center, 7530 Little Rd., New Port
Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext.
8110 (V) in Dade City; via 1-800-955-8771 if you are hearing impaired.
Distribution: Original: Clerk Ÿ First & Second Copy: DOC Ÿ Third Copy: State Attorney ŸFourth Copy: Public Defender
In the Circuit Court, In and For Pinellas County, Florida
STATE OF
|
|
v.
|
Case No.: ________________CFANO |
|
,
Defendant |
Division: _______ |
SPN: _____________________
|
|
DOC #: _____________________
|
|
Notice to Appear
You are hereby ordered to appear to respond to charges that
you violated probation. You are ordered
to appear at the
Failure to appear for the
above-referenced hearing will result in a warrant being issued for your arrest
for an alleged violation of probation.
|
TO BE COMPLETED
BY THE DEPARTMENT OF CORRECTIONS:
Date:________________________ The above
offender is not a Violent Felony Offender of Special Concern. ________________________________
Probation
Officers Signature |
_________________________________
Date Judge’s
Signature
If you are a
person with a disability who needs any accommodation in order to participate in
this proceeding, you are entitled, at no cost to you to the provision of
certain assistance. Within two (2)
working days of your receipt of this Notice to Appear please contact the Human
Rights Office,
Distribution: Original: Clerk Ÿ First & Second Copy: DOC Ÿ Third Copy: State Attorney ŸFourth Copy: Public Defender