Fourth District Court of Appeals Strikes Down Probation Order

When an individual is sentenced to a term of probation, it's common for the court to impose “special conditions” as a part of that sentence. These requirements are considered “special” because they are added to the standard conditions of probation, which must be completed by everyone.

Some examples of special conditions of probation which are commonly imposed include substance abuse or mental health evaluations or counseling, or anger management or impulse control courses. There are restrictions, however, regarding the types of conditions a court can order, and the procedures the court must follow in order to lawfully impose such a sentence.

The Fourth District Court of Appeals recently released an opinion in Francois v. State (4D21-2112) that illustrates many of these limitations.

First, the Court reiterates the requirement that the court must orally pronounce any special conditions of probation at the sentencing hearing, even if they are included in the written order. Any condition not written will be considered an invalid special condition of probation and cannot be enforced.

Second, if the court intends for a probationer to pay the costs of the programs or treatment that are ordered, this also must be specifically included in the court’s oral pronouncement of sentence. If this is not included, a probationer cannot later be required by probation to pay for the program.

Finally, all special conditions of probation must be related to the offense for which the offender was convicted. For example, in Francois, the Fourth District Court of Appeals held that the trial court could not order that the defendant complete a batterers’ intervention program, as it was not related to her conviction for resisting an officer with violence and battery on a law enforcement officer.

If you have questions about your probation sentence, or believe that your sentence may be illegal, contact Wurtzel Law for a free case evaluation and consultation. The attorneys at Wurtzel Law can review the sentencing disposition and advise you of whether you are actually responsible for these costs. Additionally, the attorneys at Wurtzel Law can assist in filing motions to correct an illegal sentence or to modify your sentence, if applicable.