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The Florida Statutes

The 2009 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948
PROBATION AND COMMUNITY CONTROL
View Entire Chapter
Section 948.101, Florida Statutes 2009

948.101  Terms and conditions of community control and criminal quarantine community control.--

(1)  The court shall determine the terms and conditions of community control. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control.

(a)  The court shall require intensive supervision and surveillance for an offender placed into community control, which may include but is not limited to:

1.  Specified contact with the parole and probation officer.

2.  Confinement to an agreed-upon residence during hours away from employment and public service activities.

3.  Mandatory public service.

4.  Supervision by the Department of Corrections by means of an electronic monitoring device or system.

5.  The standard conditions of probation set forth in s. 948.03.

(b)  For an offender placed on criminal quarantine community control, the court shall require:

1.  Electronic monitoring 24 hours per day.

2.  Confinement to a designated residence during designated hours.

(2)  The enumeration of specific kinds of terms and conditions does not prevent the court from adding thereto any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in another state if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services.

(3)  The court may place a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Corrections shall develop and administer a criminal quarantine community control program emphasizing intensive supervision with 24-hour-per-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered.

History.--s. 16, ch. 83-131; s. 5, ch. 87-211; s. 37, ch. 89-526; s. 4, ch. 91-280; ss. 14, 15, ch. 93-227; s. 17, ch. 96-322; ss. 11, 15, ch. 2004-373; s. 30, ch. 2008-172.

Note.--Subsection (1) former s. 948.03(2); subsection (3) former s. 948.01(14).

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