Florida State Officer Certification Exam — Correctional Probation

Under Florida Supreme Court precedent (Grubbs v. State and Soca v. State), how is contraband treated when a correctional probation officer finds it during a warrantless search of a probationer's residence conducted for supervision purposes?

• AIt is inadmissible in every proceeding, including the revocation hearing, because a proba…
• BIt is admissible in any later proceeding, because a probationer waives all Fourth Amendme…
• CIt may be used in the probation revocation proceeding, but using it for a new criminal pr…
• DIt is admissible only if the probationer signed a written consent-to-search form at the d…

In Minnesota v. Murphy (1984), the U.S. Supreme Court considered a probationer's admissions during a routine meeting with a probation officer. Which statement reflects that decision?

• AThe meeting is not custodial, so no Miranda warning is required, but the probationer may…
• BBecause the probationer is under court order to report, Miranda warnings must be read at…
• CBecause probation is part of the sentence, a probationer has no Fifth Amendment privilege…
• DBecause a probation officer is not a law enforcement officer, any admission made during a…

Under Morrissey v. Brewer (1972) and Gagnon v. Scarpelli (1973), which set of protections does due process require at a final probation revocation hearing?

• AIndictment by a grand jury, a six-person jury trial, proof beyond a reasonable doubt, and…
• BWritten notice of the alleged violation only, because the rights to present witnesses and…
• CReview by the officer's supervisor and then the circuit administrator, with a hearing bef…
• DWritten notice of the violations, disclosure of the evidence, a chance to be heard and pr…

At a Florida violation-of-probation hearing, what must the State establish, and by what standard, before the court may revoke probation?

• AA new criminal conviction for the alleged conduct, proven by a certified judgment, before…
• BA willful and substantial violation of a probation condition, proven by the greater weigh…
• CAny violation of a probation condition, whether or not willful, proven by clear and convi…
• DA willful and substantial violation of a probation condition, proven beyond a reasonable…

A probationer is charged with violating probation by not paying restitution and the cost of supervision, and the probationer claims an inability to pay. How does s. 948.06(5), F.S., handle that claim?

• AThe State must prove beyond a reasonable doubt that the probationer had money available e…
• BInability to pay is not a defense; once nonpayment is shown, the court must revoke probat…
• CThe court must convert all unpaid amounts to community service hours without holding a he…
• DThe probationer must prove by clear and convincing evidence a lack of present resources d…

Under s. 948.03(1), F.S., which of the following is a statutory condition of probation that does not require oral pronouncement at sentencing?

• ACompleting a batterers' intervention program after a domestic violence conviction
• BWearing a GPS electronic monitor 24 hours a day
• CPermitting the probation officer to visit the probationer at home or elsewhere
• DObserving a 10 p.m. to 6 a.m. curfew every night

Under s. 948.06(1)(a), F.S., when may a Florida probation officer arrest a probationer without a warrant?

• AWhen there are reasonable grounds to believe the probationer has violated probation in a…
• BOnly when the officer personally observes the probationer commit a new felony offense
• COnly after the sentencing judge has signed an arrest warrant based on an affidavit of vio…
• DOnly when the probationer qualifies as a violent felony offender of special concern

How does s. 948.001, F.S., define community control?

• ANo-contact, nonreporting supervision for a low-risk offender who has completed at least h…
• BA form of intensive, supervised custody in the community, including surveillance on weeke…
• CA form of intensive supervision that emphasizes treatment of drug offenders under individ…
• DA pretrial diversion program in which charges are dismissed after the defendant completes…

For a probationer supervised for one of the sex offenses listed in s. 948.30(1), F.S., which curfew must the court impose?

• A9 p.m. to 5 a.m., which the officer may shorten once the probationer completes sex offend…
• BMidnight to 6 a.m. on weekends and holidays, with weekday hours left to the officer's dis…
• CNo statutory curfew; any curfew hours are set by the officer after an initial risk assess…
• D10 p.m. to 6 a.m., unless the court designates another 8-hour period because of the offen…

How does s. 768.28(9)(a), F.S., protect a correctional probation officer from personal tort liability for acts within the scope of employment?

• AThe officer is not personally liable in tort unless the officer acted in bad faith, with…
• BThe officer has absolute personal immunity for any act committed while on duty, including…
• CThe officer is personally liable for any negligent act, and the state pays a judgment onl…
• DThe statute protects only sworn law enforcement officers, so a correctional probation off…

A probationer sues a probation officer under 42 U.S.C. § 1983. To defeat the officer's qualified immunity defense, what must the plaintiff show?

• AThat the officer acted negligently while performing a discretionary supervision duty
• BThat the probationer was later acquitted of the conduct that led to the officer's action
• CThat the officer violated a statutory or constitutional right that was clearly establishe…
• DThat the officer's agency had no written policy covering the situation

When a court revokes felony probation after a hearing, what sentence does s. 948.06(2)(e), F.S., allow it to impose?

• AOnly the sentence recommended in the original plea agreement, because probation was part…
• BAny sentence it might originally have imposed before placing the offender on probation
• CA maximum of 90 days in county jail, because a revocation is a civil sanction
• DOnly the unserved portion of the probation term, converted day-for-day into incarceration

Which scenario most clearly supports a finding that a probationer committed a willful and substantial violation?

• AThe probationer misses one treatment session because the clinic closed for a hurricane wa…
• BThe probationer cannot pay restitution after a layoff and documents a diligent weekly job…
• CThe probationer arrives 20 minutes late to one office report because of a documented bus…
• DThe probationer is instructed in writing to enroll in treatment, has transportation and f…

How do Florida appellate courts treat hearsay evidence at a probation revocation hearing?

• AHearsay is admissible, but revocation cannot rest on hearsay alone; some non-hearsay evid…
• BHearsay is admissible and may be the sole basis for revocation, because the evidence rule…
• CHearsay is inadmissible at a revocation hearing in the same way it is at a criminal jury…
• DHearsay may be the sole basis for revocation only if a sworn probation officer repeats th…

Under s. 948.06(1)(g), F.S., what is the effect of filing an affidavit alleging a violation followed by issuance of a warrant, a warrantless arrest, or a notice to appear?

• AProbation terminates automatically, and the offender must be resentenced within 30 days.
• BThe probationary period keeps running, but the offender is moved to nonreporting status u…
• CThe probationary period is tolled until the court rules on the violation, and the court k…
• DThe probationary period is tolled only if the offender is actually arrested on the warran…

Under Florida Administrative Code Rule 33-302.105, which situation authorizes a correctional probation officer to use physical force on an offender under supervision?

• AResponding to an offender's sustained verbal abuse and profanity in the probation office…
• BObtaining a signature from an offender who refuses to sign the orders of supervision at o…
• CPunishing an offender after a positive drug test once the offender is calm and compliant
• DOvercoming physical resistance to the application of handcuffs or authorized restraining…

What is the role of the Criminal Justice Standards and Training Commission (CJSTC) with respect to correctional probation officers?

• ASupervising offenders on probation and community control in each judicial circuit through…
• BEstablishing uniform minimum standards for the employment, training, certification, and d…
• CHearing violation-of-probation cases and imposing sanctions on offenders
• DDeciding parole and conditional release for inmates leaving state prison

A certified correctional probation officer pleads guilty to a felony, and the court withholds adjudication. Under s. 943.1395(6), F.S., what must the CJSTC do?

• ARevoke the officer's certification
• BPlace the officer on probationary certification status for two years
• CSuspend the certification only until the criminal sentence is completed
• DTake no action unless the employing agency terminates the officer

Under Rule 33-302.109, F.A.C., how soon must a correctional probation officer meet with a newly assigned offender to provide orientation on the conditions of supervision?

• AWithin 10 calendar days of the sentencing hearing
• BWithin 30 days, at the offender's first monthly report
• CWithin two working days of offender assignment or the onset of supervision
• DWithin 72 hours of the offender's release, including weekends and holidays

Under s. 943.325, F.S., which supervised offender is a 'qualifying offender' who must provide a DNA sample?

• AOnly an offender convicted of a sexual battery or homicide offense
• BAny offender on misdemeanor probation, regardless of the offense, because DNA collection…
• COnly an offender whose sentence included a term in state prison
• DAn offender under Department of Corrections supervision who was convicted of any felony o…

Under s. 944.607(4), F.S., a sexual offender who is under Department of Corrections supervision but not incarcerated must register with the Department of Corrections within what period after sentencing for a registrable offense?

• A48 hours
• B3 business days
• C10 calendar days
• D30 calendar days

Under the Florida Career Offender Registration Act, s. 775.261, F.S., who is a 'career offender'?

• AA person designated a habitual violent felony offender, violent career criminal, or three…
• BAny person with three or more prior felony convictions of any kind who is released from p…
• CAny person convicted of a drug trafficking offense that carries a mandatory minimum priso…
• DA person designated a sexual predator under s. 775.21 who has completed sex offender trea…

Under Rule 33-302.109, F.A.C., what happens at orientation after the offender acknowledges understanding the conditions of supervision?

• AThe officer signs the orders on the offender's behalf and files the original with the cle…
• BThe offender's attorney must countersign the orders before the conditions take effect.
• CThe offender signs and dates the orders of supervision and is given a copy.
• DThe orders are mailed to the offender within 30 days for signature at home.

Under s. 775.13, F.S., unless an exemption applies, a person convicted of a felony in a Florida court must register with the sheriff within what period after entering a Florida county?

• A24 hours
• B5 days
• C10 days
• D48 hours

During intake, an officer notices that the written probation order contains a special condition the judge never orally pronounced at sentencing. How do Florida appellate courts generally treat that condition?

• AIt must be stricken, because the oral pronouncement controls and special conditions must…
• BIt is enforceable as written, because the signed written order is the official record of…
• CThe officer should enforce whichever version is more restrictive until the probationer fi…
• DThe entire order of probation is void, and the offender must be resentenced before superv…