Florida Statute 948.035 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

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F.S. 948.035

948.035 Residential treatment as a condition of probation or community control.—

(1) If the court imposes a period of residential treatment or incarceration as a condition of probation or community control, the residential treatment or incarceration shall be restricted to the following facilities:

(a) A Department of Corrections probation and restitution center;

(b) A community residential facility that is owned and operated by a public or private entity, excluding a community correctional center as defined in s. 944.026; or

(2) 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. However, this shall not create a right of placement for the probationer, nor shall it restrict judicial discretion in ordering such treatment or incarceration.

(3) Before admission to such a facility or center, a qualified practitioner must provide an individual assessment and recommendation on the appropriate treatment needs. Placement in such a facility or center may not exceed 364 days. Early completion of an offender’s placement shall be recommended to the court, when appropriate, by the facility or center supervisor, by the supervising probation officer, or by the program manager. The Department of Corrections is authorized to contract with appropriate agencies for provision of services.

History.—s. 15, ch. 85-288; s. 37, ch. 89-526; s. 10, ch. 90-287; s. 11, ch. 91-225; s. 4, ch. 91-280; s. 20, ch. 2004-373; s. 7, ch. 2017-115.

Note.—Former s. 948.03(7).

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F.S. 948.035 on Casetext

Amendments to 948.035

Arrestable Offenses / Crimes under Fla. Stat. 948.035

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.035.

Annotations, Discussions, Cases:

Cases Citing Statute 948.035

Total Results: 3

Scottie D. Lowe v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2017-04-04

Citation: 216 So. 3d 696, 2017 Fla. App. LEXIS 4564

Snippet: inpatient treatment as a condition of probation. See § 948.035, Fla. Stat. (2008) (allowing for imposition of

Interest of Rlj

Court: District Court of Appeal of Florida | Date Filed: 1976-07-19

Citation: 336 So. 2d 132, 1976 Fla. App. LEXIS 15203

Snippet: Cir.1972), cert. den. 409 U.S. 1130, 93 S.Ct. 948, 35 L.Ed.2d 262 (1973). See also Henry v. United States

Younghans v. State

Court: District Court of Appeal of Florida | Date Filed: 1957-09-10

Citation: 97 So. 2d 31

Snippet: 174 Tenn. 522, 129 S.W.2d 203, 204, 122 A.L.R. 948. *35 "The gravity of official misconduct is emphasized