House Bill hb0199e2

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                                       CS/HB 199, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to substance abuse treatment

  3         programs; providing goals for treatment-based

  4         drug court programs; requiring judicial

  5         circuits to establish a model of

  6         treatment-based drug court programs for certain

  7         purposes; providing criteria; providing

  8         legislative intent; providing certain

  9         principles for operating drug court programs;

10         providing for inclusion of certain programs in

11         such drug court programs; amending s. 910.035,

12         F.S.; providing for transferring persons

13         eligible for participation in drug court

14         treatment programs to other jurisdictions under

15         certain circumstances; providing criteria,

16         requirements, and limitations; amending s.

17         948.08, F.S.; adding persons charged with

18         specified crimes to the list of persons

19         eligible for admission into a pretrial

20         substance abuse program; creating s. 948.16,

21         F.S.; providing for a misdemeanor pretrial

22         substance abuse education and treatment

23         intervention program; providing for admitting

24         certain persons to the program under certain

25         circumstances; providing for disposition of

26         persons in the program; providing criteria;

27         providing contracting requirements for entities

28         providing such a program; providing an

29         effective date.

30

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


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                                       CS/HB 199, Second Engrossed



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

  2  implement treatment-based drug court programs in each judicial

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

  4  neglect 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 program under which persons in the

19  justice 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 program models

24  may be established in the misdemeanor, felony, family,

25  delinquency, and dependency divisions of the judicial

26  circuits.  It is the intent of the Legislature to encourage

27  the Department of Corrections, the Department of Children and

28  Family Services, the Department of Juvenile Justice, the

29  Department of Health, the Department of Law Enforcement, and

30  such other agencies, local governments, law enforcement

31  agencies, and other interested public or private sources to


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                                       CS/HB 199, Second Engrossed



  1  support the creation and establishment of these

  2  problem-solving court programs.  Participation in the

  3  treatment-based drug court programs does not divest any public

  4  or private agency of its responsibility for a child or adult,

  5  but allows these agencies to better meet their needs through

  6  shared responsibility and resources.

  7         (3)  The treatment-based drug court programs shall

  8  include therapeutic jurisprudence principles and adhere to the

  9  following 10 key components, recognized by the Drug Courts

10  Program Office of the Office of Justice Programs of the United

11  States Department of Justice and adopted by the Florida

12  Supreme Court Treatment-Based Drug Court Steering Committee:

13         (a)  Drug court programs integrate alcohol and other

14  drug treatment services with justice system case processing.

15         (b)  Using a nonadversarial approach, prosecution and

16  defense counsel promote public safety while protecting

17  participants' due process rights.

18         (c)  Eligible participants are identified early and

19  promptly placed in the drug court program.

20         (d)  Drug court programs provide access to a continuum

21  of alcohol, drug, and other related treatment and

22  rehabilitation services.

23         (e)  Abstinence is monitored by frequent testing for

24  alcohol and other drugs.

25         (f)  A coordinated strategy governs drug court program

26  responses to participants' compliance.

27         (g)  Ongoing judicial interaction with each drug court

28  program participant is essential.

29         (h)  Monitoring and evaluation measure the achievement

30  of program goals and gauge program effectiveness.

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                                       CS/HB 199, Second Engrossed



  1         (i)  Continuing interdisciplinary education promotes

  2  effective drug court program planning, implementation, and

  3  operations.

  4         (j)  Forging partnerships among drug court programs,

  5  public agencies, and community-based organizations generates

  6  local support and enhances drug court program effectiveness.

  7         (4)  Treatment-based drug court programs may include

  8  pretrial intervention programs as provided in ss. 948.08,

  9  948.16, and 985.306, Florida Statutes.

10         (5)(a)  The Florida Association of Drug Court Program

11  Professionals is created.  The membership of the association

12  may consist of drug court program practitioners who comprise

13  the multidisciplinary drug court program team, including, but

14  not limited to, judges, state attorneys, defense counsel, drug

15  court program coordinators, probation officers, law

16  enforcement officers, members of the academic community, and

17  treatment professionals.  Membership in the association shall

18  be voluntary.

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

20  duty is to solicit recommendations from members on issues

21  relating to the expansion, operation, and institutionalization

22  of drug court programs.  The chair is responsible for

23  providing the association's recommendations to the Supreme

24  Court Treatment-Based Drug Court Steering Committee, and shall

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

26  steering committee.

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

28  Florida Statutes, to read:

29         910.035  Transfer from county for plea and sentence.--

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

31  court treatment program pursuant to s. 948.08(6) may be


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                                       CS/HB 199, Second Engrossed



  1  eligible to have the case transferred to a county other than

  2  that in which the charge arose if the drug court program

  3  agrees and if the following conditions are met:

  4         (a)  The authorized representative of the drug court

  5  program of the county requesting to transfer the case shall

  6  consult with the authorized representative of the drug court

  7  program in the county to which transfer is desired.

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

  9  parties, the trial court shall enter a transfer order

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

11  has accepted the defendant into its drug court program.

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

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

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

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

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

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

18  drug court program.

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

20  set the matter for a hearing before the drug court program

21  judge and the court shall ensure the defendant's entry into

22  the drug court program.

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

24  transferred shall dispose of the case pursuant to s.

25  948.08(6).  If the defendant does not complete the drug court

26  program successfully, the case shall be prosecuted as

27  determined by the state attorneys of the sending and receiving

28  counties.

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

30  948.08, Florida Statutes, is amended to read:

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                                       CS/HB 199, Second Engrossed



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

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

  3  degree for purchase or possession of a controlled substance

  4  under chapter 893, tampering with evidence, solicitation for

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

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

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

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

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

10  admitted to a felony pretrial program referred to in this

11  section, is eligible for admission into a pretrial substance

12  abuse education and treatment intervention program approved by

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

14  1 year in duration, upon motion of either party or the courts

15  own motion, except:

16         1.  If a defendant was previously offered admission to

17  a pretrial substance abuse education and treatment

18  intervention program at any time prior to trial and the

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

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

21  a program.

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

23  circumstances of the case suggest the defendant's involvement

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

25  shall hold a preadmission hearing.  If the state attorney

26  establishes, by a preponderance of the evidence at such

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

28  selling of controlled substances, the court shall deny the

29  defendant's admission into a pretrial intervention program.

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

31  advisory committee for the pretrial intervention program


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                                       CS/HB 199, Second Engrossed



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

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

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

  4  persons as the chair deems appropriate.  The advisory

  5  committee may not designate any defendant eligible for a

  6  pretrial intervention program for any offense not listed under

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

  8  recommendation and approval.  The committee may also include

  9  persons representing any other agencies to which persons

10  released to the pretrial intervention program may be referred.

11         Section 4.  Section 948.16, Florida Statutes, is

12  created to read:

13         948.16  Misdemeanor pretrial substance abuse education

14  and treatment intervention program.--

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

16  possession of a controlled substance or drug paraphernalia

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

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

19  eligible for admission into a misdemeanor pretrial substance

20  abuse education and treatment intervention program approved by

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

22  program requirements and the treatment plan for the offender,

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

24  if the state attorney believes the facts and circumstances of

25  the case suggest the defendant is involved in dealing and

26  selling controlled substances, the court shall hold a

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

28  preponderance of the evidence at such hearing, that the

29  defendant was involved in dealing or selling controlled

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

31  into the pretrial intervention program.


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                                       CS/HB 199, Second Engrossed



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

  2  the court shall consider the recommendation of the treatment

  3  program and the recommendation of the state attorney as to

  4  disposition of the pending charges.  The court shall

  5  determine, by written finding, whether the defendant

  6  successfully completed the pretrial intervention program.

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

  8  successfully completed the pretrial intervention program, the

  9  court may order the person to continue in education and

10  treatment or return the charges to the criminal docket for

11  prosecution.

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

13  that the defendant has successfully completed the pretrial

14  intervention program.

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

16  substance abuse education and treatment program under this

17  section shall contract with the county or appropriate

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

19  but not be limited to, the requirements established for

20  private entities under s. 948.15(3).

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

22  law.

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