Community control and probation are two very different types of sentences in the State of Florida. They can be combined – for instance, a period of community control followed by probation. But rest assured – they are not the same.
Community control is more serious than simple probation; it involves supervised house arrest in the community. With this intensive supervision program, the offender is confined to their home unless they have to attend work, school, perform community service, receive treatment, or participate in another important activity that was pre-approved by the supervising officer. When an offender is placed on community control, he or she will be under surveillance by administrative officers with lighter caseloads, including on weekends and holidays.
Community control is a far more restrictive form of supervision.Think of community control as a form of house arrest. Community control officers will randomly stop by the offender’s home to see if they are where they are supposed to be. If the offender is not home when they are supposed to be home, it’s a violation.
If you are placed on community control supervision, also known as “house arrest,” you cannot leave your house to do many of the activities you’re used to doing, such as:
Even the things you are regularly permitted to do are strictly controlled. For example:
- You have to have advance permission to go to the doctor’s office (absent an emergency) or have medical testing
- You may not go grocery shopping — even if you run out of something — except at your scheduled time
- If you go to a salon for a haircut, you have to identify the place you intend to use and provide a receipt showing when you were there
- You have to provide a church bulletin to show when services were being held
- While you may live in a condo, trailer park or apartment with amenities like a laundry room, mail room, pool or gym, you will not be permitted to use those areas.
Community control is a punishment designated for more serious offenses or for repeat offenders. As well, community control is often imposed when probation is modified due to a probation violation.
Florida law designates a maximum period of two years for a community control sentence. An offender may be placed on community control for no longer than two years, but probation – the length of which depends on the type of offense – can follow.
Community control is a sentence reserved for felony offenses.
If you have been on community control for a while and you have no violations, you may want to consider asking the court to modify your community control to a term of probation instead. Much like a motion for early termination of probation, a motion to modify probation can be granted after an offender completes 50% of their sentence. For instance, if you are sentenced to two years of community control, you could retain a criminal defense attorney and move the court to modify the remaining year of your community control to reporting probation after you have completed one year of your community control sentence.
In my experience, it is much easier to violate community control than it is to violate probation due to the heavily restricted nature of community control. Something as simple as walking down the street after dark can violate your community control.
Community control violations are similar to probation violations. An affidavit of violation will be filed by your probation or community control officer, a warrant will be issued by the judge, and you will be taken into custody and likely held without bond while your violation is resolved.