Administrative Order Viewer

In the Circuit Court of Florida, Twelfth Judicial Circuit
in and for Sarasota, Manatee, DeSoto Counties

Administrative Order 2017–10.3

(Rescinds Administrative Orders 2013–4.3 and 2013–7.4)

Whereas, there is a substantial number of technical violations that do not involve a new arrest or other serious violations; and,

Whereas, arresting and incarcerating certain non-violent offenders for minor violations of probation or community control is both expensive and nonproductive; and,

Whereas, there is research to support that recidivism may be reduced by utilizing collaborative efforts among the courts, probation and law enforcement to hold the offender accountable and apply swift and certain sanctions for technical violations of probation or community control; and

Whereas, an administrative option for processing technical violations will have the potential to offer benefits including:

• Reducing the court docket of probation and community control violation hearings;
• Reducing the workload of prosecutors and defense attorneys involved with many technical violation hearings;
• Reducing law enforcement resources required to serve violation warrants for certain technical violations;
• Reducing jail population for offenders pending violation hearings; and
• Offering the offender an alternative to a violation hearing in court, which will allow the offender to remain engaged in employment, school, treatment, etc. and allow the offender to take immediate responsibility for their actions and comply with the consequences of those actions

The Florida Legislature recognizes the value of an alternative sanctioning program for technical violations of probation and community control and has authorized trial court chief judges, in consultation with the state attorney, public defender, and the Department of Corrections to establish a local alternative sanctioning program. Ch. 2016-100, § 1, Laws of Fla.

By the power vested in the chief judge under article V, section 2(d), Florida Constitution; sections 43.26 and 948.06(1)(h), Florida Statutes; and Florida Rule of Judicial Administration 2.215(b)(2), it is therefore Ordered:

1. Alternative Sanctioning Program. There is created in Sarasota, Manatee and DeSoto Counties a program that shall be known as the Alternative Sanctioning Program in accordance with s. 948.06(1)(h), F.S. The Alternative Sanctioning Program provides the court and the Florida Department of Corrections (FDC) an alternative, administrative method of reporting and resolving certain technical violations in lieu of submitting violation of probation affidavits and warrants to the court.
2. Eligibility Criteria. To be eligible for the program, offenders must have been placed on probation or community control under the supervision of the Department of Corrections by a judge in Sarasota, Manatee or DeSoto County, have stable community ties, and have a stable residence in Sarasota, Manatee or DeSoto Counties, Florida. Offenders who are eligible for the program include probation offenders, drug offenders, and community control supervision offenders. The program only applies to offenders who have committed certain technical violations addressed in the Alternative Sanctioning Program Violation/Sanction Matrix included in section (3) of this order. The threat an offender poses to public safety is the most important factor in determining eligibility. Offenders with a lengthy or violent criminal history and sex offenders are not eligible to be in the program. Additionally, offenders who have new law violations, are absconders, or have violated a "no contact" condition of supervision are not eligible for the program. No offender who has three or more previous violations is eligible for the program.

3. Qualifying Technical Violations and Approved Sanctions. The following matrix lists the specific technical violations that may be addressed through the Alternative Sanctioning Program process for offenders who were sentenced in Sarasota, Manatee and DeSoto Counties, Florida. Each technical violation includes a list of sanctions determined and approved by the court for the probation officer to select from when reporting these technical violations, based on the individual offender's circumstances at the time of the violation.

   Alternative Sanctioning Program Violation/Sanction Matrix

   Violation	Approved List of Sanctions
   Condition (1): Reported late; failed to report as instructed	Report Weekly for 30 days. Report Weekly for 60 days. 10 hours additional public service work within 60 days.
   Condition (3): Failed to report changes in residence or employment without first procuring the officer's consent (or notifying immediately if evicted from residence or laid off from job)	Twice a month reporting for 3 months. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes). Electronic monitoring for 30 days. Employment Specialist evaluation, and turn in weekly Job Logs every Monday at 8:00 AM until employed.
   Condition (3): Failed to request permission prior to leaving the county	Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes). Weekly reporting for 6 weeks. 25 hours additional public service work within 90 days.
   Condition (6): Found to be associating with person(s) engaged in criminal activity	Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes). T4C cognitive behavioral program. 25 hours additional public service work within 90 days. Bi-weekly drug testing for 90 days.
   Condition (7): Positive drug test for non-prescribed drugs (first occurrence)	Drug evaluation and successfully complete treatment determined necessary. Increase level of treatment program up to and including residential. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes). 30 support group meetings in 30 days with support logs.
   Condition (7): Positive drug test for non-prescribed drugs (second occurrence)	Drug evaluation and successfully complete treatment determined necessary. Increase level of treatment program up to and including residential. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes). 90 support group meetings in 90 days with support logs. T4C cognitive behavioral program.
   Condition (8): Failure to maintain employment	Referral to Employment Specialist evaluation and successfully complete as determined necessary. Weekly reporting with job search logs until employed. Daily reporting with job search logs until employed. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes).
   Condition (10): Failure to pay monetary obligations as stipulated by the court	Referral to Employment Specialist evaluation and successfully complete as determined necessary. If unemployed - daily job search, report weekly until employed. If employed - monthly budgeting. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes).
   Special Condition (1): Failure to attend treatment evaluation or treatment session as scheduled	Weekly / daily reporting until evaluation completed. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes). Weekly drug testing until evaluation is completed. Attend 3 support groups per week until evaluation is completed.
   Special Condition (8): Failure to complete community service hours as instructed	Manatee County Work Program and comply with all rules. Sarasota County Work Diversion Program and comply with all rules. DeSoto County Work Program and comply with all rules. Weekly turn in of community hours until in compliance. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work/community service purposes).
   Special Condition (9): Failure to remain at residence during curfew period	Manatee County Work Program and comply with all rules. Sarasota County Work Diversion Program and comply with all rules. DeSoto County Work Program and comply with all rules. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes). Electronic monitoring for 30 days.
   Community Control Condition (16): Failure to maintain approved schedule – unapproved absence from required location (negligence in getting home late, stopping at store on way home without permission)	Electronic monitoring for 90 days. Offender work program for 2 days. 16 hours public service work within 45 days.

4. Alternative Sanctioning Program Process for Reporting Technical Violations
   1. The probation or community control officer, at his or her discretion based on his or her assessment of the suitability of the Alternative Sanctioning Program, may inform offenders who have committed violations enumerated in section 3 of this administrative order that they may participate in the Alternative Sanctioning Program for administrative disposition of the violation. No offender is required to participate in the Alternative Sanctioning Program and may instead opt for a formal violation of probation or community control proceeding in Circuit Court. The offender's participation in the Alternative Sanctioning Program is voluntary. The offender may elect to waive or discontinue participation in the Alternative Sanctioning Program at any time before the issuance of a court order imposing the recommended sanction. If the offender elects to discontinue participation in the Alternative Sanctioning Program, the offender's prior admission to the technical violation may not be used as evidence in subsequent proceedings.
   2. If the offender admits the violation, agrees to accept the administrative sanction recommended by the probation officer, and agrees to waive all their rights associated with a formal violation hearing to modify their sentence, the probation officer will prepare an "Alternative Sanctioning Program Technical Violation Notification and Offender's Waiver of Formal VOP/VOCC Hearing, Admission of Violation and Acceptance of Sanctions" (DC3-2027) form, which will provide details of the circumstances of the technical violation that occurred and the probation officer's recommended sanction, based on the sanctions listed in the approved matrix. Offenders agreeing to participate in the Alternative Sanctioning Program agree to waive the right to: 1. Be represented by legal counsel, 2. Require the state to prove their guilt before a neutral and detached hearing body, 3. Subpoena witnesses and present to a judge evidence in their defense. 4. Confront and cross-examine witnesses, and 5. Receive a written statement from a fact finder as to the evidence relied on and the reasons for the sanctions imposed. If the offender agrees to participate in the Alternative Sanctioning Program, they will sign the second section of the DC3-2027 form titled "Offender's Waiver of Formal VOP/VOCC Hearing, Admission of Violation, and Acceptance of Sanctions", which will be submitted to the Court once the probation officer and supervisor signs and dates the form.
   3. The judge shall review the "Alternative Sanctioning Program Technical Violation Notification and Offender's Waiver of Formal VOP/VOCC Hearing, Admission of Violation and Acceptance of Sanctions" (DC3-2027) form submitted and, if the judge agrees that the technical violation should be addressed via the Alternative Sanctioning Program and agrees with the recommended sanction, the judge will sign the "Order - Alternative Sanctions Program". If the judge does not agree with the particular sanction recommended by the officer or does not agree that the technical violation should be addressed via the Alternative Sanctioning Program, the judge shall reflect further instructions on the order.
   4. Upon court approval the probation officer will instruct the offender on the sanction imposed by the court and instruct the offender to take actions necessary to ensure the sanction is executed immediately. Failure to complete the imposed sanction as instructed will result in a violation report, affidavit and warrant being submitted to the court.
5. Administration. The Alternative Sanctioning Program shall be administered by the Sarasota, Manatee and DeSoto County Circuit Court and the Florida Department of Corrections.
6. Effective Date. This order shall take effect on July 20, 2017.

Done and ordered at Twelfth Judicial Circuit, Sarasota County, Florida, this 20^th day of July, 2017.

Charles E. Williams, Chief Judge