Florida § 985.439 - Violation of probation.

§ 985.439. Violation of probation.

(1)(a) This section is applicable when the court has jurisdiction over a child on probation, regardless of adjudication. (b) If the conditions of the probation program are violated, the department or the state attorney may bring the child before the court on a petition alleging a violation of the program. A child who violates the conditions of probation must be brought before the court if sanctions are sought. (c) Upon receiving notice of a violation of probation from the department, the state attorney must file the violation within 5 days or provide in writing to the department and the court the reason as to why he or she is not filing. (2) A child taken into custody under s. 985.101 for violating the conditions of probation shall be screened and detained or released based on his or her risk assessment instrument score. (3) If the child denies violating the conditions of probation, the court shall, upon the child’s request, appoint counsel to represent the child. (4) Upon the child’s admission, or if the court finds after a hearing that the child has violated the conditions of probation, the court shall enter an order revoking, modifying, or continuing probation. In each such case, the court shall enter a new disposition order and, in addition to the sanctions set forth in this section, may impose any sanction the court could have imposed at the original disposition hearing. If the child is found to have violated the conditions of probation, the court may: (a) Place the child in supervised release detention with electronic monitoring. (b) If the violation of probation is technical in nature and not a new violation of law, place the child in an alternative consequence program designed to provide swift and appropriate consequences to any further violations of probation. (c) Modify or continue the child’s probation program. (d) Revoke probation and commit the child to the department. (e) Allow the department to place a child on electronic monitoring for a violation of probation if it determines doing so will preserve and protect public safety. (5) Upon the recommendation of the department at the time of disposition, or subsequent to disposition pursuant to the filing of a petition alleging a violation of the child’s conditions of probation, the court may order the child to submit to random testing for the purpose of detecting and monitoring the use of alcohol or controlled substances.