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IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT
IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES


RE: Criminal (Felony) Alternative VOP Sanctions Program
REF: CR-2017-030-SC

WHEREAS, many technical violations of probation or community control do not involve new arrests or other serious violations, and

WHEREAS, arresting and incarcerating certain non-violent offenders for minor violations of probation or community control is expensive and often unproductive, and

WHEREAS, holding offenders accountable by applying swift and certain sanctions for technical violations of probation or community control can reduce recidivism is supported by research, and

WHEREAS, potential benefits of administratively processing certain technical violations include:

NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order the establishment of a Felony Alternative V.O.P. Sanctions program in the Seventh Judicial Circuit effective July 1, 2015.  The following provisions apply:   

1.  ELIGIBILITY.  In order to be eligible for the program, offenders must have been placed on probation or community control under the supervision of the Department of Corrections by a judge in Flagler, Putnam, St. Johns, or Volusia counties; have stable community ties; and have a stable residence in the county where sentenced.  Offenders who are eligible for the program include probation offenders (including drug offenders) and community control supervision offenders.  The program applies only to offenders who have committed certain technical violations addressed in the Alternative Sanctions Program Violation/Sanction Matrix included in this order.  The threat an offender poses to public safety is an important factor in determining eligibility.  Offenders with lengthy or violent criminal backgrounds (including sex offenders) are not eligible for the program.  Additionally, offenders who are charged with new law violations, have absconded, or have violated a “no contact” condition of supervision are not eligible for the program.  Offenders with three or more previous violations are not eligible for the program.

2.  QUALIFYING TECHNICAL VIOLATIONS AND APPROVED SANCTIONS.  The following matrix lists the specific technical violations that may be addressed through the Alternative Sanctions process for offenders who were sentenced in Flagler, Putnam, St. Johns, or Volusia counties.  Each technical violation includes a list of sanctions determined and approved by the court for the probation officer to select from when reporting these technical violations, based on an individual offender’s circumstances at the time of the violation. 

ALTERNATIVE SANCTIONS PROGRAM VIOLATION/SANCTION MATRIX

VIOLATION
APPROVED LIST OF SANCTIONS

Condition (1):  Reported late; failed to report as instructed

  1. Weekly call-in for 6 weeks
  2. Daily call-in for 30 days
  3. Report 2 times per month for 60 days

Condition (3):  Failed to report changes in  residence or employment without first procuring the officer’s consent (or notifying immediately if evicted from residence or laid off from job)

  1. Weekly call-in for 6 weeks
  2. Report 2 times per month for 90 days
  3. Weekly reporting for 6 weeks

Condition (3):  Failed to request permission prior to leaving the county

  1. Weekly call-in for 6 weeks
  2. Report 2 times per month for 60 days
  3. Weekly reporting for 6 weeks

Condition (6):  Found to be associating with person(s) engaged in criminal activity

  1. Curfew from 8:00 p.m. to 6:00 a.m. for 90 days (can be modified by probation officer [“PO”] for treatment or work purposes).
  2. Weekly call-in for 6 weeks
  3. 25 hours of community service work

Condition  (7):  Positive drug test for non-prescribed drugs (first occurrence)

  1. Drug evaluation and successful completion of treatment deemed necessary
  2. Increased level of treatment program up to and including residential
  3. Curfew from 8:00 p.m. to 6:00 a.m. for 90 days (can be modified by PO for treatment or work purposes).

Condition (7):  Positive drug test for non-prescribed drugs (second occurrence)

  1. Drug evaluation and successful completion of treatment deemed necessary
  2. Increased level of treatment program up to and including residential
  3. Curfew from 8:00 p.m. to 6:00 a.m. for 90 days (can be modified by PO for treatment or work purposes).

Condition (8):  Failure to maintain employment

  1. Weekly reporting with job search logs until employed
  2. Daily reporting with job search logs until employed
  3. Curfew from 8:00 p.m. to 6:00 a.m. for 90 days (can be modified by PO for treatment or work purposes).

Condition (9):  Failure to answer inquiries truthfully (depending on nature of question, response, and reason for being untruthful, consequence will vary)

  1. Weekly call-in for 4 weeks
  2. 8 hours of community service work

Condition (10):  Failure to pay monthly monetary obligations as stipulated by the Court.

  1. If unemployed, daily job search.
  2. If employed, monthly budgeting.
  3. Weekly call in until monetary obligations are current.

Condition (11):  Failure to submit to random testing as directed

  1. Weekly reporting by 11 a.m.
  2. Reporting 3 times per week by 11 a.m.
  3. Drug evaluation and successful completion of treatment deemed necessary
  4. Curfew from 8:00 p.m. to 6:00 a.m. for 90 days (can be modified by PO for treatment or work purposes).

Special Condition (1): Failure to attend treatment evaluation or treatment session as scheduled

  1. Daily call-in until evaluation completed
  2. Weekly reporting until evaluation completed
  3. Curfew from 8:00 p.m. to 6:00 a.m. until evaluation completed (can be modified by PO for treatment or work purposes).

Special Condition (8): Failure to complete community service hours as instructed

  1. Daily reporting until community service hours completed/current, if unemployed
  2. Weekly reporting until community service hours completed/current, if employed

Special Condition (9): Failure to remain at residence during curfew period

  1. Weekly reporting for 3 months
  2. GPS Electronic Monitoring for 30 days.

Community Control Condition (16):  Failure to maintain approved schedule – unapproved absence from required location (negligence in getting home late, stopping at store on way home without permission, etc.)

  1. 10 hours Community Service Work
  2. GPS Electronic Monitoring for 30 days.

3.  ALTERNATIVE SANCTIONS PROGRAM PROCESS

A.  The probation or community control officer shall inform offenders who have committed violations enumerated above that they may participate in the Alternative Sanctions Program for administrative disposition of the violation. No offender is required to participate in the Alternative Sanctions Program and may opt for a formal violation of probation or community control proceeding.

B.  If the offender admits the violation, agrees to accept the administrative sanction(s) recommended by the probation officer, and agrees to waive a formal violation hearing to modify his/her sentence, the probation officer will prepare an “Alternative Sanctions Program Technical Violation Notification”, which will provide details of the circumstances of the technical violation that occurred and the probation officer’s recommended sanction, based on the sanctions listed in the approved matrix.  If the offender agrees to participate in the Alternative Sanctions Program, he/she will sign the second section of the form entitled “Alternative Sanctions Program Waiver of Formal VOP/VOCC Hearing, Admission of Violation, and Acceptance of Sanctions,” which will be submitted to the court once the probation officer signs and dates the form.  

C.  The “Alternative Sanctions Program Technical Violation Notification” and waiver form will be submitted to a judge for review.  If the judge agrees that the technical violation should be addressed via the Alternative Sanctions Program and agrees with the recommended sanction, he/she will sign an “Order - Alternative Sanctions Program.”  If the judge does not agree with the particular sanction recommended by the officer or does not agree that the technical violation should be addressed via the Alternative Sanctions Program, he/she will provide further direction.
 
D.  Upon court approval, the probation officer will instruct the offender on the sanction imposed by the court and instruct the offender to take actions necessary to ensure the sanction is fulfilled promptly.  Failure to complete the imposed sanction as instructed will result in a violation report, affidavit and warrant being submitted to the court.

E.  Participation in the Alternative Sanctions Program is not considered a conviction for a violation of probation or community control (not a scoreable violation) for purposes of Section VI of the Criminal Punishment Code Scoresheet.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 30th day of June 2017.

/s/ Terence R. Perkins
TERENCE R. PERKINS
CHIEF JUDGE