Senate Bill sb1814c2
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Florida Senate - 2001 CS for CS for SB 1814
By the Committees on Criminal Justice, Judiciary and Senator
Burt
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1 A bill to be entitled
2 An act relating to the state court system;
3 providing legislative intent with respect to
4 the development of treatment-based drug courts;
5 requiring each judicial circuit to establish
6 one or more treatment-based drug courts within
7 any of the divisions of the circuit; specifying
8 the principles of therapeutic jurisprudence to
9 be included in the drug court programs;
10 providing duties of the coordinator;
11 authorizing the drug courts to include certain
12 pretrial intervention programs in the court's
13 program; creating the Florida Association of
14 Drug Court Professionals; providing for
15 membership; requiring that the chairperson of
16 the association provide recommendations to the
17 Supreme Court Treatment-Based Drug Court
18 Steering Committee; amending s. 910.035, F.S.;
19 providing for a defendant to be transferred to
20 a drug-treatment program in another county;
21 providing criteria for such transfer; providing
22 for the defendant to be prosecuted upon failure
23 to successfully complete the drug-treatment
24 program; amending s. 948.08, F.S.; providing
25 for persons charged with certain offenses
26 involving controlled substances who have not
27 been charged with a crime involving violence to
28 be admitted to a pretrial intervention program;
29 providing requirements for a defendant to be
30 designated as eligible for a pretrial
31 intervention program; creating s. 948.16, F.S.;
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1 providing a pretrial substance abuse treatment
2 and intervention program; providing criteria
3 for admission to the program; providing for
4 denial of such admission if the defendant was
5 involved in the dealing or selling of
6 controlled substances; requiring the court to
7 determine whether the defendant has
8 successfully completed the program; providing
9 contract requirements for entities that provide
10 pretrial substance abuse treatment and
11 intervention programs; providing an effective
12 date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Treatment-Based drug courts.--
17 (1) It is the intent of the Legislature to implement
18 treatment-based drug courts in each judicial circuit in an
19 effort to reduce crime and recidivism, cases of abuse and
20 neglect, and the dysfunction of families by breaking the cycle
21 of addiction which is the most predominant cause of cases
22 entering the justice system. The Legislature recognizes that
23 the integration of judicial supervision, treatment,
24 accountability, and sanctions greatly increase the
25 effectiveness of substance-abuse treatment. The Legislature
26 also seeks to ensure that there is a coordinated, integrated,
27 and multidisciplinary response to the problem of substance
28 abuse in this state, with special attention given to creating
29 partnerships between the public and private sectors and
30 providing for the coordinated, supported, and integrated
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1 delivery of multiple-system services for substance abusers,
2 including a multiagency team approach to delivering services.
3 (2) Each judicial circuit shall establish a model of
4 one or more treatment-based drug courts wherein persons
5 assessed with a substance-abuse problem in the justice system
6 will be processed in a manner that appropriately addresses the
7 severity of the identified substance-abuse problem through
8 treatment plans tailored to the individual needs of the
9 participant. These treatment-based drug court models may be
10 established in the misdemeanor, felony, family, delinquency,
11 and dependency divisions of the judicial circuits. It is the
12 intent of the Legislature to encourage the Department of
13 Corrections, the Department of Children and Family Services,
14 the Department of Juvenile Justice, the Department of Health,
15 the Department of Law Enforcement, and other such agencies,
16 local governments, law enforcement agencies, and other
17 interested public or private sources to support the creation
18 and establishment of these problem-solving courts.
19 Participation in the treatment-based drug courts does not
20 divest any public or private agency of its responsibility for
21 a child or adult, but allows these agencies to better meet
22 their needs through shared responsibility and resources.
23 (3) Each treatment-based drug court shall include
24 principles of therapeutic jurisprudence and adhere to the Ten
25 Key Components, recognized by the Drug Courts Program Office
26 of the Office of Justice Programs of the United States
27 Department of Justice, and adopted by the Florida Supreme
28 Court Treatment-Based Drug Court Steering Committee, as
29 follows:
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1 (a) Drug courts shall integrate alcohol and other
2 drug-treatment services with case processing within the
3 justice system.
4 (b) Using a nonadversarial approach, prosecution and
5 defense counsel shall promote public safety while protecting a
6 participant's right to due process.
7 (c) Eligible participants shall be identified early
8 and promptly placed in the drug court program.
9 (d) Drug courts shall provide access to a continuum of
10 alcohol, drug, and related treatment and rehabilitation
11 services.
12 (e) Abstinence shall be monitored by frequent and
13 random testing for alcohol and other drugs.
14 (f) A coordinated strategy shall govern the responses
15 of the drug court to participants' compliance.
16 (g) Drug courts shall provide ongoing judicial
17 interaction with each participant.
18 (h) Drug courts shall measure the achievement of
19 program goals and gauge the effectiveness of the program by
20 monitoring and evaluation.
21 (i) Drug courts shall promote effective planning,
22 implementation, and operations by requiring continuing
23 interdisciplinary education for practitioners within the drug
24 courts.
25 (j) Drug courts shall generate local support and
26 enhance program effectiveness by forging partnerships with
27 public agencies and community-based organizations.
28 (4) These treatment-based drug courts may include
29 pretrial intervention programs, as set forth in sections
30 948.08(6), 948.16, and 985.306, Florida Statutes, and
31 postadjudicatory programs.
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1 (5)(a) There is created the Florida Association of
2 Drug Court Professionals. The membership may consist of drug
3 court practitioners who comprise the multidisciplinary drug
4 court team, including, but not limited to, judges, state
5 attorneys, defense counsel, drug court coordinators, probation
6 officers, law enforcement officers, members of the academic
7 community, and treatment professionals. Membership in the
8 association shall be voluntary.
9 (b) The association shall annually elect a chairperson
10 who shall solicit recommendations from members on issues
11 relating to the expansion, operation, and institutionalization
12 of drug courts. The chairperson shall provide recommendations
13 of the association to the Supreme Court Treatment-Based Drug
14 Court Steering Committee and shall submit a report to the
15 committee on or before October 1 of each year.
16 Section 2. Subsection (5) is added to section 910.035,
17 Florida Statutes, to read:
18 910.035 Transfer from county for plea and sentence.--
19 (5) TRANSFER TO DRUG-TREATMENT PROGRAM IN ANOTHER
20 COUNTY.--Any defendant who is eligible to participate in a
21 substance abuse treatment program under s. 948.08(6) may have
22 the case transferred to a county other than that in which the
23 case arose if the drug court coordinator or other authorized
24 representative of the county wishing to transfer the case
25 consults with the drug court coordinator or authorized
26 representative of the drug court in the county to which the
27 defendant is to be transferred.
28 (a) If the transfer is approved by all parties, the
29 trial court shall enter an order directing the clerk of the
30 court to tranfer the case to the county that has accepted the
31 defendant into its drug court program.
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1 (b) The transfer order must include a copy of the
2 affidavit of probable cause; any charging document in the
3 case; all reports, witness statements, test results, evidence
4 lists, and other documents in the case; the defendant's
5 mailing address and phone number; and the defendant's written
6 consent to abide by the rules and procedures of the drug court
7 program in the receiving county.
8 (c) After the transfer, the clerk of the court shall
9 set the matter for a hearing before the judge of the drug
10 court and the court shall ensure the defendant's entry into
11 the drug court program.
12 (d) The court shall dispose of the case as provided in
13 s. 948.08(6). If the defendant fails to successfully complete
14 the drug court program, the defendant shall be prosecuted as
15 determined by the state attorneys of the sending and receiving
16 counties.
17 Section 3. Paragraph (a) of subsection (6) and
18 subsection (7) of section 948.08, Florida Statutes, are
19 amended to read:
20 948.08 Pretrial intervention program.--
21 (6)(a) Notwithstanding any provision of this section,
22 a person who is charged with a felony of the second or third
23 degree for purchase or possession of a controlled substance
24 under chapter 893, or who is charged with tampering with
25 evidence, soliciting the purchase of a controlled substance,
26 or obtaining a prescription by fraud; who has not been charged
27 with a crime involving violence, including, but not limited
28 to, murder, sexual battery, robbery, car jacking,
29 home-invasion robbery, or an other crime involving violence;
30 and who has not previously been convicted of a felony nor been
31 admitted to a felony pretrial program referred to in this
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1 section, is eligible for admission into a pretrial substance
2 abuse education and treatment intervention program approved by
3 the chief judge of the circuit, for a period of not less than
4 1 year in duration, upon motion of either party or the court's
5 own motion, except:
6 1. If a defendant was previously offered admission to
7 a pretrial substance abuse education and treatment
8 intervention program at any time prior to trial and the
9 defendant rejected that offer on the record, then the court or
10 the state attorney may deny the defendant's admission to such
11 a program.
12 2. If the state attorney believes that the facts and
13 circumstances of the case suggest the defendant's involvement
14 in the dealing and selling of controlled substances, the court
15 shall hold a preadmission hearing. If the state attorney
16 establishes, by a preponderance of the evidence at such
17 hearing, that the defendant was involved in the dealing or
18 selling of controlled substances, the court shall deny the
19 defendant's admission into a pretrial intervention program.
20 (7) The chief judge in each circuit may appoint an
21 advisory committee for the pretrial intervention program
22 composed of the chief judge or his or her designee, who shall
23 serve as chair; the state attorney, the public defender, and
24 the program administrator, or their designees; and such other
25 persons as the chair deems appropriate. The advisory committee
26 may not designate any defendant eligible for a pretrial
27 intervention program for any offense that is not listed under
28 paragraph (6)(a) without the state attorney's recommendation
29 and approval. The committee may also include persons
30 representing any other agencies to which persons released to
31 the pretrial intervention program may be referred.
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1 Section 4. Section 948.16, Florida Statutes, is
2 created to read:
3 948.16 Pretrial substance abuse treatment and
4 intervention program.--
5 (1) A person who is charged with a misdemeanor for
6 possessing a controlled substance or drug paraphernalia under
7 chapter 893 and who has not previously been convicted of a
8 felony or admitted to a pretrial program is eligible for
9 admission into a pretrial substance abuse treatment and
10 intervention program approved by the chief judge of the
11 circuit. Upon a motion of the offender or the state attorney
12 or upon a motion of the court, the offender shall be placed in
13 the program for a period based on the requirements of the
14 program and the offender's treatment plan.
15 (2) If the state attorney believes that the facts and
16 circumstances of the case suggest the defendant's involvement
17 in the dealing and selling of controlled substances, the court
18 shall hold a preadmission hearing. If the state attorney
19 establishes, by a preponderance of the evidence at such
20 hearing, that the defendant was involved in the dealing or
21 selling of controlled substances, the court shall deny the
22 defendant's admission into a pretrial substance abuse
23 treatment and intervention program.
24 (3) At the end of the pretrial intervention period,
25 the court shall consider the recommendation of the
26 administrator of the treatment program and the recommendation
27 of the state attorney as to disposition of the pending
28 charges. The court shall determine, by written finding,
29 whether the defendant has successfully completed the pretrial
30 substance abuse treatment and intervention program.
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1 (a) If the court finds that the defendant has not
2 successfully completed the pretrial intervention program, the
3 court may order the defendant to continue in the treatment and
4 intervention program or order that the defendant be criminally
5 prosecuted.
6 (b) The court shall dismiss the charges upon a finding
7 that the defendant has successfully completed the pretrial
8 substance abuse treatment and intervention program.
9 (4) Any entity, whether public or private, which
10 provides a pretrial substance abuse treatment and intervention
11 program under this section must contract with the county or
12 appropriate governmental entity, and the terms of the contract
13 must include, but need not be limited to, the requirements
14 established for private entities under s. 948.15(3).
15 Section 5. This act shall take effect July 1, 2001.
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17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
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20 Deletes the requirement that each judicial circuit hire at
least one drug court coordinator to oversee the various
21 aspects of the drug court process.
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