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11 verbatim requirements extracted from 4260-01__2021-12.pdf, across 3 topics.
Nineteenth Judicial Circuit (Indian River, Martin, Okeechobee, St. Lucie). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. HEARING TIME & ARGUMENT LIMITS • WHEREAS, an administrative option for processing technical violations has the potential to offer benefits including reducing court dockets for probation violation hearings, reducing t he workload of prosecutors and defense attorneys involved in technical violation hearings, reducing law enforcement time required to serve violation warrants for certain technical violations, and reducing jail population for offenders waiting for technical violation hearings; and • WHEREAS, offering the offender an alternative to a violation hearing in court permits the offender to remain employed, in school, or in treatment, and further allows the offender to accept immediate responsibility for his/her actions; • 1. Up to 5 days in the county jail 2. Up to 50 hours of community service in addition to those that may have previously been imposed 3. Counseling or treatment 4. Support group attendance 5. Drug testing 6. Loss of travel or other privileges 7. Curfew for up to 30 days 8. House arrest for up to 30 days • 1. Waive participation in the program, in which case the probation officer may submit a violation report, affidavit and warrant to the court; or 2. Elect to participate in the program after receiving written notice of an alleged technical violation of supervision and disclosure of the evidence against him or her, and admit the technical violation, a gree to comply with the probation off icer’s recommended sanction if subsequently ordered by the court, and agree to waive the right to: a. Be represented by legal counsel b. Require the State to prove his or her guilt before a neutral and detached hearing body c. Subpoena witnesses and present to a judge evidence in his or her defense d. Confront and cross-examine adverse witnesses e. Receive a written statement from a judge as to the evidence relied on and the reasons for the sanction imposed • OFFENDER’S WAIVER OF FORMAL VOP HEARING, ADMISSION OF VIOLATION, AND ACCEPTANCE OF SANCTIONS • By signing below, I understand that I have the right to a formal violation of probation hearing before the Court; however, I am agreeing to waive this right along with waiving the following rights to: • I further understand that if I fail to complete the additional sanction(s) within the time specified, a formal violation of probation action will be forwarded to the court and this form may be introduced into evidence at a subsequent hearing to establish the violation(s). I understand that if the court determines I have violated my probation, I may be sentenced as authorized by law. I understand the court reserves the right to accept or reject my request to parti cipate in the Alternative Sanctions Program. PROPOSED ORDERS • ADMINISTRATIVE ORDER 2021-12 (Superseding and vacating Amended Administrative Order 2016-17) • 2 See ALTERNATIVE SANCTIONS PROGRAM TECHNICAL VIOLATION NOTIFICATION form attached hereto as Exhibit A. 3 See ORDER ON ALTERNATIVE SANCTIONS PROGRAM form attached hereto as Exhibit B • If the sanction is approved by the court, the probation officer will review the sanction with the offender, and inform the offender that if the probationer or offender on community control discontinues participation in the program or fails to successfully complete all alternative sanctions within 90 days after imposition or within the timeframe specified in the agreed-upon sanction, the probation officer may submit a violation report, affidavit, and warrant to the court. A prior admission by the probationer or offender on community control to a technical violation may not be used as evidence in a subsequent proceeding. V. ADMINISTRATION The Program shall be administered by the Circuit Court and the Florida Department of Corrections. VI. EFFECTIVE DATE This Order is effective August __, 2021, and supersedes and vacates Amended Administrative Order 2016-17. DONE AND ORDERED at Ft. Pierce, St. Lucie County, Florida his ___ day of _________________, 2021. ____________________________________ CHARLES SCHWAB CHIEF JUDGE All Judges in the 19th Judicial Circuit All Clerks of Court in the 19th Judicial Circuit All Law Libraries in the 19th Judicial Circuit Office of the State Attorney Office of the Public Defender Sheriff’s Departments Police Departments Department of Correction, D. Michael Davis 24th August EXHIBITS & EVIDENCE • a. Be represented by legal counsel, and the right to have one appointed if I cannot afford one; b. Subpoena and present witnesses and evidence in my defense and to present any defens e I might have to the judge; c. See and hear witnesses testify and to confront and cross-examine the witnesses against me; d. Require the State to prove that I have willfully violated my probation by the greater weight of the evidence; and e. Receive a written stat ement from the judge as to the evidence relied on and the reasons for the sanction imposed. f. Appeal all matters except the legality of my sentence.
ADMINISTRATIVE ORDER 2021-12 (Superseding and vacating Amended Administrative Order 2016-17)
Reviewer note: Document sha256: 9d07180b40213ec1379cf6c173050b6abaa4572eb03f824398dc8137040affef. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass.
1 verbatim requirement published by Palm Beach magistrate 01 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 02 on hearing time & argument limits.
1 verbatim requirement published by Palm Beach magistrate 03 on hearing time & argument limits.