House Bill hb0199e1

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                                        CS/HB 199, First Engrossed



  1                      A bill to be entitled

  2         An act relating to substance abuse treatment

  3         programs; providing goals for treatment-based

  4         drug courts; requiring judicial circuits to

  5         establish a model of treatment-based drug

  6         courts for certain purposes; providing

  7         criteria; providing legislative intent;

  8         providing certain principles for operating drug

  9         courts; providing for inclusion of certain

10         programs in such courts; amending s. 910.035,

11         F.S.; providing for transferring persons

12         eligible for participation in drug court

13         treatment programs to other jurisdictions under

14         certain circumstances; providing criteria,

15         requirements, and limitations; amending s.

16         948.08, F.S.; adding persons charged with

17         specified crimes to the list of persons

18         eligible for admission into a pretrial

19         substance abuse program; creating s. 948.16,

20         F.S.; providing for a misdemeanor pretrial

21         substance abuse education and treatment

22         intervention program; providing for admitting

23         certain persons to the program under certain

24         circumstances; providing for disposition of

25         persons in the program; providing criteria;

26         providing contracting requirements for entities

27         providing such a program; providing an

28         effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

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                                        CS/HB 199, First Engrossed



  1         Section 1.  (1)  It is the intent of the Legislature to

  2  implement treatment-based drug courts in each judicial circuit

  3  in an effort to reduce crime and recidivism, abuse and neglect

  4  cases, and family dysfunction by breaking the cycle of

  5  addiction which is the most predominant cause of cases

  6  entering the justice system.  The Legislature recognizes that

  7  the integration of judicial supervision, treatment,

  8  accountability, and sanctions greatly increases the

  9  effectiveness of substance abuse treatment.  The Legislature

10  also seeks to ensure that there is a coordinated, integrated,

11  and multidisciplinary response to the substance abuse problem

12  in this state, with special attention given to creating

13  partnerships between the public and private sectors and to the

14  coordinated, supported, and integrated delivery of

15  multiple-system services for substance abusers, including a

16  multiagency team approach to service delivery.

17         (2)  Each judicial circuit shall establish a model of a

18  treatment-based drug court under which persons in the justice

19  system assessed with a substance abuse problem will be

20  processed in such a manner as to appropriately address the

21  severity of the identified substance abuse problem through

22  treatment plans tailored to the individual needs of the

23  participant. These treatment-based drug court models may be

24  established in the misdemeanor, felony, family, delinquency,

25  and dependency divisions of the judicial circuits.  It is the

26  intent of the Legislature to encourage the Department of

27  Corrections, the Department of Children and Family Services,

28  the Department of Juvenile Justice, the Department of Health,

29  the Department of Law Enforcement, and such other agencies,

30  local governments, law enforcement agencies, and other

31  interested public or private sources to support the creation


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                                        CS/HB 199, First Engrossed



  1  and establishment of these problem-solving courts.

  2  Participation in the treatment-based drug courts does not

  3  divest any public or private agency of its responsibility for

  4  a child or adult, but allows these agencies to better meet

  5  their needs through shared responsibility and resources.

  6         (3)  The treatment-based drug courts shall include

  7  therapeutic jurisprudence principles and adhere to the

  8  following 10 key components, recognized by the Drug Courts

  9  Program Office of the Office of Justice Programs of the United

10  States Department of Justice and adopted by the Florida

11  Supreme Court Treatment-Based Drug Court Steering Committee:

12         (a)  Drug courts integrate alcohol and other drug

13  treatment services with justice system case processing.

14         (b)  Using a nonadversarial approach, prosecution and

15  defense counsel promote public safety while protecting

16  participants' due process rights.

17         (c)  Eligible participants are identified early and

18  promptly placed in the drug court program.

19         (d)  Drug courts provide access to a continuum of

20  alcohol, drug, and other related treatment and rehabilitation

21  services.

22         (e)  Abstinence is monitored by frequent testing for

23  alcohol and other drugs.

24         (f)  A coordinated strategy governs drug court

25  responses to participants' compliance.

26         (g)  Ongoing judicial interaction with each drug court

27  participant is essential.

28         (h)  Monitoring and evaluation measure the achievement

29  of program goals and gauge program effectiveness.

30         (i)  Continuing interdisciplinary education promotes

31  effective drug court planning, implementation, and operations.


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                                        CS/HB 199, First Engrossed



  1         (j)  Forging partnerships among drug courts, public

  2  agencies, and community-based organizations generates local

  3  support and enhances drug court effectiveness.

  4         (4)  Treatment-based drug courts may include pretrial

  5  intervention programs as provided in ss. 948.08, 948.16, and

  6  985.306, Florida Statutes.

  7         (5)(a)  The Florida Association of Drug Court

  8  Professionals is created.  The membership of the association

  9  may consist of drug court practitioners who comprise the

10  multidisciplinary drug court team, including, but not limited

11  to, judges, state attorneys, defense counsel, drug court

12  coordinators, probation officers, law enforcement officers,

13  members of the academic community, and treatment

14  professionals.  Membership in the association shall be

15  voluntary.

16         (b)  The association shall annually elect a chair whose

17  duty is to solicit recommendations from members on issues

18  relating to the expansion, operation, and institutionalization

19  of drug courts.  The chair is responsible for providing the

20  association's recommendations to the Supreme Court

21  Treatment-Based Drug Court Steering Committee, and shall

22  submit a report each year, on or before October 1, to the

23  steering committee.

24         Section 2.  Subsection (5) is added to section 910.035,

25  Florida Statutes, to read:

26         910.035  Transfer from county for plea and sentence.--

27         (5)  Any person eligible for participation in a drug

28  court treatment program pursuant to s. 948.08(6) may have the

29  case transferred to a county other than that in which the

30  charge arose if the following conditions are met:

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                                        CS/HB 199, First Engrossed



  1         (a)  The drug court coordinator or other authorized

  2  representative of the county wishing to transfer the case

  3  shall consult with the drug court coordinator or authorized

  4  representative of the drug court in the county to which

  5  transfer is desired.

  6         (b)  If approval for transfer is received from all

  7  parties, the trial court shall enter a transfer order

  8  directing the clerk to transfer the case to the county which

  9  has accepted the defendant into its drug court program.

10         (c)  The transfer order shall include a copy of the

11  probable cause affidavit, any charging documents in the case,

12  all reports, witness statements, test results, evidence lists,

13  and other documents in the case, the defendant's mailing

14  address and phone number, and the defendant's written consent

15  to abide by the rules and procedures of the receiving county's

16  drug court program.

17         (d)  After the transfer takes place, the clerk shall

18  set the matter for a hearing before the drug court judge and

19  the court shall ensure the defendant's entry into the drug

20  court program.

21         (e)  The jurisdiction to which the case has been

22  transferred shall dispose of the case pursuant to s.

23  948.08(6).  If the defendant does not complete the drug court

24  program successfully, the case shall be prosecuted as

25  determined by the state attorneys of the sending and receiving

26  counties.

27         Section 3.  Paragraph (a) of subsection (6) of section

28  948.08, Florida Statutes, is amended to read:

29         (6)(a)  Notwithstanding any provision of this section,

30  a person who is charged with a felony of the second or third

31  degree for purchase or possession of a controlled substance


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                                        CS/HB 199, First Engrossed



  1  under chapter 893, tampering with evidence, solicitation for

  2  purchase, obtaining a prescription by fraud, and who has not

  3  been charged with a crime, involving violence, including but

  4  not limited to, murder, sexual battery, robbery, car jacking,

  5  home-invasion robbery, or any other crime involving violence

  6  and who has not previously been convicted of a felony nor been

  7  admitted to a felony pretrial program referred to in this

  8  section, is eligible for admission into a pretrial substance

  9  abuse education and treatment intervention program approved by

10  the chief judge of the circuit, for a period of not less than

11  1 year in duration, upon motion of either party or the courts

12  own motion, except:

13         1.  If a defendant was previously offered admission to

14  a pretrial substance abuse education and treatment

15  intervention program at any time prior to trial and the

16  defendant rejected that offer on the record, then the court or

17  the state attorney may deny the defendant's admission to such

18  a program.

19         2.  If the state attorney believes that the facts and

20  circumstances of the case suggest the defendant's involvement

21  in the dealing and selling of controlled substances, the court

22  shall hold a preadmission hearing.  If the state attorney

23  establishes, by a preponderance of the evidence at such

24  hearing, that the defendant was involved in the dealing or

25  selling of controlled substances, the court shall deny the

26  defendant's admission into a pretrial intervention program.

27         (7)  The chief judge in each circuit may appoint an

28  advisory committee for the pretrial intervention program

29  composed of the chief judge or his or her designee, who shall

30  serve as chair; the state attorney, the public defender, and

31  the program administrator, or their designees; and such other


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                                        CS/HB 199, First Engrossed



  1  persons as the chair deems appropriate.  The advisory

  2  committee may not designate any defendant eligible for a

  3  pretrial intervention program for any offense not listed under

  4  section 948.08(6)(a) without the state attorney's

  5  recommendation and approval.  The committee may also include

  6  persons representing any other agencies to which persons

  7  released to the pretrial intervention program may be referred.

  8         Section 4.  Section 948.16, Florida Statutes, is

  9  created to read:

10         948.16  Misdemeanor pretrial substance abuse education

11  and treatment intervention program.--

12         (1)  A person who is charged with a misdemeanor for

13  possession of a controlled substance or drug paraphernalia

14  under chapter 893, and who has not previously been convicted

15  of a felony nor been admitted to a pretrial program, is

16  eligible for admission into a misdemeanor pretrial substance

17  abuse education and treatment intervention program approved by

18  the chief judge of the circuit, for a period based on the

19  program requirements and the treatment plan for the offender,

20  upon motion of either party or the court's own motion, except,

21  if the state attorney believes the facts and circumstances of

22  the case suggest the defendant is involved in dealing and

23  selling controlled substances, the court shall hold a

24  preadmission hearing.  If the state attorney establishes, by a

25  preponderance of the evidence at such hearing, that the

26  defendant was involved in dealing or selling controlled

27  substances, the court shall deny the defendant's admission

28  into the pretrial intervention program.

29         (2)  At the end of the pretrial intervention period,

30  the court shall consider the recommendation of the treatment

31  program and the recommendation of the state attorney as to


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                                        CS/HB 199, First Engrossed



  1  disposition of the pending charges.  The court shall

  2  determine, by written finding, whether the defendant

  3  successfully completed the pretrial intervention program.

  4         (a)  If the court finds that the defendant has not

  5  successfully completed the pretrial intervention program, the

  6  court may order the person to continue in education and

  7  treatment or return the charges to the criminal docket for

  8  prosecution.

  9         (b)  The court shall dismiss the charges upon finding

10  that the defendant has successfully completed the pretrial

11  intervention program.

12         (3)  Any public or private entity providing a pretrial

13  substance abuse education and treatment program under this

14  section shall contract with the county or appropriate

15  governmental entity. The terms of the contract shall include,

16  but not be limited to, the requirements established for

17  private entities under s. 948.15(3).

18         Section 5.  This act shall take effect upon becoming a

19  law.

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