Administrative or “Non-Reporting” Probation is the most leinient type of probation available to the court with respect to sentencing options. Offenders on non-reporting probation are not required to report in any way to a probation officer and may only be charged with a violation if they are rearrested for a new law violation.
Administrative probation under Florida Statute Section 948.013 is the least restrictive type of criminal offender supervision in the State of Florida. This level is often referred to as “Non-Reporting” probation due to the fact that there is no requirement to report to an officer, complete conditions or even make payments. Specifically, “Administrative Probation” is a form of non-contact supervision in which an offender who 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 non-reporting status until expiration of the term of supervision.
Administrative Probation is Significantly Less Restrictive
Individuals serving an administrative probation sentence:
- Do not have to report in person to a probation officer.
- Do not have to report by telephone to a probation officer.
- Do not have to report by mail to a probation officer.
- Do not have to pay cost of supervision to the department of corrections.
- Do not have to pay restitution payments.
- Do not have to submit to random drug testing.
- Do not have to submit to random alcohol testing.
- Do not have to remain confined to a geographic area or county.
Only New Arrests Violate Administrative Probation Sentences
Individuals serving an administrative probation sentence enjoy significant freedom compare to those on standard reporting probation. The threat of violating this form of probation is significantly lower due to the fact that only a new law violation will subject you to prosecution for non-compliance.
Convert Regular Probation to Administrative Probation
Probationers should motion the court to convert their sentence to “Non-Reporting” probation at the first possible opportunity. This is usually at the halfway point of the term of the sentence, but may be earlier in certain circumstances. Converting to administrative probation is often sought where the court is unwilling to early terminate a probation sentence all together.
Administrative probation under Florida Statute Section 948.013
The Department of Corrections 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.
Automatic Early Termination
In some cases, offenders placed on Administrative Probation may request that the Court automatically terminate probation once 50% of the term is completed provided that there has been no new law violation. This obviates the need to file a motion and appear in court at the scheduled half way point.
More information about Administrative Probation can be obtained by contacting Attorney William Moore at 954-523-5333. Offices located at 1 Financial Plaza, Fort Lauderdale Florida 33394.