948.31 Evaluation and treatment of sexual predators and offenders on probation or community control.—The court may require any probationer or community controllee who is required to register as a sexual predator under s. 775.21 or sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo an evaluation, at the probationer or community controllee’s expense, by a qualified practitioner to determine whether such probationer or community controllee needs sexual offender treatment. If the qualified practitioner determines that sexual offender treatment is needed and recommends treatment, the probationer or community controllee must successfully complete and pay for the treatment. Such treatment must be obtained from a qualified practitioner as defined in s. 948.001. Treatment may not be administered by a qualified practitioner who has been convicted or adjudicated delinquent of committing, or attempting, soliciting, or conspiring to commit, any offense that is listed in s. 943.0435(1)(h)1.a.(I).
Cited 8 times | Published | Supreme Court of Florida | 2008 WL 794662
...For example, the very definition of sex offender probation provides that it is "a form of intensive supervision . . . which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan. " § 948.001(10), Fla. Stat. (2007) (emphasis added); see also § 948.31, Fla....
...me parameters for completion at the time of sentencing."). We agree. Sex offender treatment, like drug treatment, focuses on "rehabilitation pursuant to an individualized treatment plan." Lawson, 969 So.2d at 232; see §§ 948.001(10), 948.30(1)(c), 948.31, Fla....
...in section 948.30 unless the defendant was convicted of a crime specified in that section. Arias, 65 So.3d at 104 . In Sturges , the Fourth District Court of Appeal held that application of “sex offender probation 'pursuant to sections 948.30 and 948.31, Florida Statutes (2005)” was inappropriate because Sturges was not convicted of one of the enumerated felonies for which those statutory provisions are imposed....
...on 948.30 unless the
defendant was convicted of a crime specified in that section. Arias, 65 So. 3d at
104.
In Sturges, the Fourth District Court of Appeal held that application of “sex
offender probation pursuant to sections 948.30 and 948.31, Florida Statutes
(2005)” was inappropriate because Sturges was not convicted of one of the
enumerated felonies for which those statutory provisions are imposed....
...Thus, the majority’s
reliance on principles of statutory interpretation, especially the principle of in pari
materia and the consideration of sections 948.03 and 948.039, is appropriate here.
Section 948.03(2) indicates that the enumeration of specific kinds of terms and
7. Section 948.31, Florida Statutes, which grants a trial court the discretion
to order the evaluation of and treatment for certain sex offenders, is yet a third
possible statute upon which the trial court could have relied when it ordered
Villanueva to...
That requirement is expressly contrary to Section 948.031, Florida Statutes (1977), which provides: Any
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