Florida Statutes
Fla. Stat. § 948.035 (2025)
Residential treatment as a condition of probation or community control.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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
(c) A county-owned facility.
(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).
Notes of Decisions
Cited in 1
case, 2017–2017 · leading case: Scottie D. Lowe v. State of Florida, 216 So. 3d 696 (Fla. 1st DCA 2017).
Scottie D. Lowe v. State of Florida, 216 So. 3d 696 (Fla. 1st DCA 2017). “See § 948.035, Fla. Stat. (2008) (allowing for imposition of inpatient treatment as a condition of probation).”
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