Florida Senate - 2012                                     SB 498
       
       
       
       By Senator Lynn
       
       
       
       
       7-00468A-12                                            2012498__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse education and
    3         intervention programs; amending s. 948.03, F.S.;
    4         providing for the placement of certain misdemeanor
    5         controlled substance offenders in licensed substance
    6         abuse education and intervention programs as a
    7         standard condition of probation; amending s. 948.15,
    8         F.S.; providing that probation supervision services
    9         for defendants found guilty of certain misdemeanor
   10         controlled substance offenses may be provided by
   11         licensed substance abuse education and intervention
   12         programs; authorizing certain entities providing
   13         probation services to provide licensed substance abuse
   14         education and intervention programs; requiring private
   15         entities providing such programs to contract with the
   16         county and comply with other applicable provisions;
   17         providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (q) is added to subsection (1) of
   22  section 948.03, Florida Statutes, to read:
   23         948.03 Terms and conditions of probation.—
   24         (1) The court shall determine the terms and conditions of
   25  probation. Conditions specified in this section do not require
   26  oral pronouncement at the time of sentencing and may be
   27  considered standard conditions of probation. These conditions
   28  may include among them the following, that the probationer or
   29  offender in community control shall:
   30         (q) Be placed in a licensed substance abuse education and
   31  intervention program as provided in s. 948.15 if the probationer
   32  or offender is convicted of a misdemeanor for possession of a
   33  controlled substance or drug paraphernalia under chapter 893.
   34         Section 2. Section 948.15, Florida Statutes, is amended to
   35  read:
   36         948.15 Misdemeanor probation services.—
   37         (1) A defendant Defendants found guilty of a misdemeanor
   38  misdemeanors who is are placed on probation shall be under
   39  supervision not to exceed 6 months unless otherwise specified by
   40  the court. Probation supervision services for a defendant found
   41  guilty of a misdemeanor for possession of a controlled substance
   42  or drug paraphernalia under chapter 893 may be provided by a
   43  licensed substance abuse education and intervention program,
   44  which shall provide substance abuse education and intervention
   45  as well as any other terms and conditions of probation. In
   46  relation to any offense other than a felony in which the use of
   47  alcohol is a significant factor, the period of probation may be
   48  up to 1 year.
   49         (2) A private entity or public entity, including a licensed
   50  substance abuse education and intervention program, 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, including a licensed substance
   56  abuse education and intervention program, providing services for
   57  the supervision of misdemeanor probationers must contract with
   58  the county in which the services are to be rendered. In a county
   59  having with a population of fewer less than 70,000, the county
   60  court judge, or the administrative judge of the county court in
   61  a county that has more than one county court judge, must approve
   62  the contract. Terms of the contract must state, but are not
   63  limited to:
   64         (a) The extent of the services to be rendered by the entity
   65  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 ensure
   74  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  
   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, including a licensed substance
  106  abuse education and intervention program, providing misdemeanor
  107  supervision services must shall also comply with all other
  108  applicable provisions of law.
  109         Section 3. This act shall take effect July 1, 2012.