HB 233

1
A bill to be entitled
2An act relating to substance abuse education and
3intervention programs; amending s. 948.03, F.S.;
4providing for the placement of certain misdemeanor
5controlled substance offenders in licensed substance
6abuse education and intervention programs as a
7standard condition of probation; amending s. 948.15,
8F.S.; providing that probation supervision services
9for defendants found guilty of certain misdemeanor
10controlled substance offenses may be provided by
11licensed substance abuse education and intervention
12programs; authorizing certain entities providing
13probation services to provide licensed substance abuse
14education and intervention programs; requiring private
15entities providing such programs to contract with the
16county and comply with other applicable provisions;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Paragraph (q) is added to subsection (1) of
22section 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
25probation. Conditions specified in this section do not require
26oral pronouncement at the time of sentencing and may be
27considered standard conditions of probation. These conditions
28may include among them the following, that the probationer or
29offender in community control shall:
30     (q)  Be placed in a licensed substance abuse education and
31intervention program as provided in s. 948.15 if the probationer
32or offender is convicted of a misdemeanor for possession of a
33controlled substance or drug paraphernalia under chapter 893.
34     Section 2.  Section 948.15, Florida Statutes, is amended to
35read:
36     948.15  Misdemeanor probation services.-
37     (1)  A defendant Defendants found guilty of a misdemeanor
38misdemeanors who is are placed on probation shall be under
39supervision not to exceed 6 months unless otherwise specified by
40the court. Probation supervision services for a defendant found
41guilty of a misdemeanor for possession of a controlled substance
42or drug paraphernalia under chapter 893 may be provided by a
43licensed substance abuse education and intervention program,
44which shall provide substance abuse education and intervention
45as well as any other terms and conditions of probation. In
46relation to any offense other than a felony in which the use of
47alcohol is a significant factor, the period of probation may be
48up to 1 year.
49     (2)  A private entity or public entity, including a
50licensed substance abuse education and intervention program,
51under the supervision of the board of county commissioners or
52the court may provide probation services and licensed substance
53abuse education and treatment intervention programs for
54offenders sentenced by the county court.
55     (3)  Any private entity, including a licensed substance
56abuse education and intervention program, providing services for
57the supervision of misdemeanor probationers must contract with
58the county in which the services are to be rendered. In a county
59having with a population of fewer less than 70,000, the county
60court judge, or the administrative judge of the county court in
61a county that has more than one county court judge, must approve
62the contract. Terms of the contract must state, but are not
63limited to:
64     (a)  The extent of the services to be rendered by the
65entity providing supervision or rehabilitation.
66     (b)  Staff qualifications and criminal record checks of
67staff in accordance with essential standards established by the
68American 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
72fees and restitution.
73     (f)  Procedures for handling indigent offenders which
74ensure placement irrespective of ability to pay.
75     (g)  Circumstances under which revocation of an offender's
76probation 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
81probationers.
82
83In addition, the entity shall supply the chief judge's office
84with a quarterly report summarizing the number of offenders
85supervised by the private entity, payment of the required
86contribution under supervision or rehabilitation, and the number
87of offenders for whom supervision or rehabilitation will be
88terminated. All records of the entity must be open to inspection
89upon the request of the county, the court, the Auditor General,
90the Office of Program Policy Analysis and Government
91Accountability, or agents thereof.
92     (4)  A private entity that provides court-ordered services
93to offenders and that charges a fee for such services must
94register with the board of county commissioners in the county in
95which the services are offered. The entity shall provide the
96following information for each program it operates:
97     (a)  The length of time the program has been operating in
98the county.
99     (b)  A list of the staff and a summary of their
100qualifications.
101     (c)  A summary of the types of services that are offered
102under the program.
103     (d)  The fees the entity charges for court-ordered services
104and its procedures, if any, for handling indigent offenders.
105     (5)  The private entity, including a licensed substance
106abuse education and intervention program, providing misdemeanor
107supervision services must shall also comply with all other
108applicable provisions of law.
109     Section 3.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.