1 | A bill to be entitled |
2 | An act relating to substance abuse education and treatment |
3 | intervention programs; amending s. 948.03, F.S.; providing |
4 | for the placement of certain misdemeanor controlled |
5 | substance offenders in licensed substance abuse education |
6 | and treatment intervention programs as a standard |
7 | condition of probation; amending s. 948.15, F.S.; |
8 | providing that defendants found guilty of certain |
9 | misdemeanor controlled substance offenses may be placed in |
10 | licensed substance abuse education and treatment |
11 | intervention programs; authorizing certain entities |
12 | providing probation services to provide licensed substance |
13 | abuse education and treatment intervention programs; |
14 | requiring private entities providing such programs to |
15 | contract with the county and comply with other applicable |
16 | provisions; amending s. 948.16, F.S.; making certain |
17 | persons who previously have been admitted to pretrial |
18 | substance abuse education and treatment intervention |
19 | programs eligible for voluntary admission to such |
20 | programs; providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Paragraph (q) is added to subsection (1) of |
25 | section 948.03, Florida Statutes, to read: |
26 | 948.03 Terms and conditions of probation.- |
27 | (1) The court shall determine the terms and conditions of |
28 | probation. Conditions specified in this section do not require |
29 | oral pronouncement at the time of sentencing and may be |
30 | considered standard conditions of probation. These conditions |
31 | may include among them the following, that the probationer or |
32 | offender in community control shall: |
33 | (q) Be placed in a licensed substance abuse education and |
34 | treatment intervention program as provided in s. 948.15 if the |
35 | probationer or offender is convicted of a misdemeanor for |
36 | possession of a controlled substance or drug paraphernalia under |
37 | chapter 893. |
38 | Section 2. Section 948.15, Florida Statutes, is amended to |
39 | read: |
40 | 948.15 Misdemeanor probation services.- |
41 | (1) A defendant Defendants found guilty of a misdemeanor |
42 | misdemeanors who is are placed on probation shall be under |
43 | supervision not to exceed 6 months unless otherwise specified by |
44 | the court. A defendant found guilty of a misdemeanor for |
45 | possession of a controlled substance or drug paraphernalia under |
46 | chapter 893 may be placed in a licensed substance abuse |
47 | education and treatment intervention program. In relation to any |
48 | offense other than a felony in which the use of alcohol is a |
49 | significant factor, the period of probation may be up to 1 year. |
50 | (2) A private entity or public entity under the |
51 | supervision of the board of county commissioners or the court |
52 | may provide probation services and licensed substance abuse |
53 | education and treatment intervention programs for offenders |
54 | sentenced by the county court. |
55 | (3) Any private entity providing services for the |
56 | supervision of misdemeanor probationers, including those in a |
57 | licensed substance abuse education and treatment intervention |
58 | program, must contract with the county in which the services are |
59 | to be rendered. In a county with a population of less than |
60 | 70,000, the county court judge, or the administrative judge of |
61 | the county court in a county that has more than one county court |
62 | judge, must approve the contract. Terms of the contract must |
63 | state, but are not limited to: |
64 | (a) The extent of the services to be rendered by the |
65 | entity providing supervision or rehabilitation. |
66 | (b) Staff qualifications and criminal record checks of |
67 | staff in accordance with essential standards established by the |
68 | American Correctional Association as of January 1, 1991. |
69 | (c) Staffing levels. |
70 | (d) The number of face-to-face contacts with the offender. |
71 | (e) Procedures for handling the collection of all offender |
72 | fees and restitution. |
73 | (f) Procedures for handling indigent offenders which |
74 | ensure placement irrespective of ability to pay. |
75 | (g) Circumstances under which revocation of an offender's |
76 | probation may be recommended. |
77 | (h) Reporting and recordkeeping requirements. |
78 | (i) Default and contract termination procedures. |
79 | (j) Procedures that aid offenders with job assistance. |
80 | (k) Procedures for accessing criminal history records of |
81 | probationers. |
82 |
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83 | In addition, the entity shall supply the chief judge's office |
84 | with a quarterly report summarizing the number of offenders |
85 | supervised by the private entity, payment of the required |
86 | contribution under supervision or rehabilitation, and the number |
87 | of offenders for whom supervision or rehabilitation will be |
88 | terminated. All records of the entity must be open to inspection |
89 | upon the request of the county, the court, the Auditor General, |
90 | the Office of Program Policy Analysis and Government |
91 | Accountability, or agents thereof. |
92 | (4) A private entity that provides court-ordered services |
93 | to offenders and that charges a fee for such services must |
94 | register with the board of county commissioners in the county in |
95 | which the services are offered. The entity shall provide the |
96 | following information for each program it operates: |
97 | (a) The length of time the program has been operating in |
98 | the county. |
99 | (b) A list of the staff and a summary of their |
100 | qualifications. |
101 | (c) A summary of the types of services that are offered |
102 | under the program. |
103 | (d) The fees the entity charges for court-ordered services |
104 | and its procedures, if any, for handling indigent offenders. |
105 | (5) The private entity providing misdemeanor supervision |
106 | services, including those in a licensed substance abuse |
107 | education and treatment intervention program, must shall also |
108 | comply with all other applicable provisions of law. |
109 | Section 3. Paragraph (a) of subsection (1) of section |
110 | 948.16, Florida Statutes, is amended to read: |
111 | 948.16 Misdemeanor pretrial substance abuse education and |
112 | treatment intervention program.- |
113 | (1)(a) A person who is charged with a misdemeanor for |
114 | possession of a controlled substance or drug paraphernalia under |
115 | chapter 893, and who has not previously been convicted of a |
116 | felony nor been admitted to a pretrial program, is eligible for |
117 | voluntary admission into a misdemeanor pretrial substance abuse |
118 | education and treatment intervention program, including a |
119 | treatment-based drug court program established pursuant to s. |
120 | 397.334, approved by the chief judge of the circuit, for a |
121 | period based on the program requirements and the treatment plan |
122 | for the offender, upon motion of either party or the court's own |
123 | motion, except, if the state attorney believes the facts and |
124 | circumstances of the case suggest the defendant is involved in |
125 | dealing and selling controlled substances, the court shall hold |
126 | a preadmission hearing. If the state attorney establishes, by a |
127 | preponderance of the evidence at such hearing, that the |
128 | defendant was involved in dealing or selling controlled |
129 | substances, the court shall deny the defendant's admission into |
130 | the pretrial intervention program. |
131 | Section 4. This act shall take effect July 1, 2011. |