(1) The Department of Corrections may transfer an offender to administrative probation if he or she presents a low risk of harm to the community and has satisfactorily completed at least half of his or her probation term. The department may establish procedures for transferring an offender to administrative probation. The department may collect an initial processing fee of up to $50 for each probationer transferred to administrative probation. The offender is exempt from further payment for the cost of supervision as required in s. 948.09.
(2)(a) Effective for an offense committed on or after July 1, 1998, and before October 1, 2017, a person is ineligible for placement on administrative probation if the person is sentenced to or is serving a term of probation or community control, regardless of the conviction or adjudication, for committing, or attempting, conspiring, or soliciting to commit, any of the felony offenses described in s. 787.01 or s. 787.02, where the victim is a minor and the defendant is not the victim’s parent; s. 787.025; s. 787.06(3)(g); chapter 794; former s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s. 847.0145.
(b) Effective for an offense committed on or after October 1, 2017, a person is ineligible for placement on administrative probation if the person is sentenced to or is serving a term of probation or community control, regardless of the conviction or adjudication, for committing, or attempting, conspiring, or soliciting to commit, any of the felony offenses described in s. 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a.
...istrative probation. The Department of Corrections, not the trial court, is charged with transferring a defendant to "administrative probation” and administrative probation is not available for those convicted of a violation of section 800.04. See § 948.013(2), Fla....
...o presents a low risk of harm to the community may, upon satisfactory completion of half the term, of probation, be transferred by the Department of Corrections to nonreporting status until expiration of the term of supervision.” (emphasis added). Section 948.013(1), Florida Statutes (2011), further provides, in pertinent part: “The Department of Corrections may establish procedures for transferring an offender to administrative probation.” (emphasis added)....
...t the offender satisfactorily complete half the term of probation before being considered for administrative probation; and (2) the Department of Corrections’ procedures for transferring an offender to administrative probation as established under section 948.013(1)....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
