House Bill hb0199

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    Florida House of Representatives - 2002                 HB 199

        By Representative Harper






  1                      A bill to be entitled

  2         An act relating to nonviolent drug offenders;

  3         creating the Drug Abuse and Crime Prevention

  4         Act as a supplementary intervention program for

  5         certain nonviolent drug offenders; creating s.

  6         949.151, F.S.; providing a short title;

  7         creating s. 947.31, F.S.; providing for drug

  8         treatment in lieu of reincarceration of

  9         parolees who commit a nonviolent drug

10         possession offense or violate any drug-related

11         condition of their parole; providing

12         exceptions; authorizing requiring parolees who

13         are reasonably able to do so to contribute to

14         the cost of their placement in a drug treatment

15         program; providing findings and intent;

16         providing definitions; providing conditions and

17         requirements for such treatment; providing for

18         modification or revocation of parole for

19         failure to successfully complete treatment;

20         creating s. 948.21, F.S.; providing for

21         mandatory probation of persons convicted of a

22         nonviolent drug possession offense; providing

23         exceptions; requiring drug treatment as a

24         condition of such probation; authorizing

25         requiring probationers who are reasonably able

26         to do so to contribute to the cost of their

27         placement in a drug treatment program;

28         authorizing other conditions of such probation;

29         providing findings and intent; providing

30         definitions; providing requirements for such

31         treatment; providing for dismissal of charges

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  1         upon successful completion of such treatment;

  2         providing for modification or revocation of

  3         probation for failure to successfully complete

  4         treatment; creating s. 949.153, F.S.;

  5         appropriating funds for the Drug Abuse and

  6         Crime Prevention Act for a specified period;

  7         providing for distribution and use of funds;

  8         providing for local control of drug treatment

  9         program location; providing for annual and

10         long-term evaluation studies; requiring annual

11         county reports to the Department of

12         Corrections; providing for audit of county

13         expenditures; providing for carryforward and

14         use of unused funds from fiscal year to fiscal

15         year; providing a contingent effective date.

16

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

18

19         Section 1.  Section 949.151, Florida Statutes, is

20  created to read:

21         949.151  Drug Abuse and Crime Prevention Act; short

22  title.--Sections 947.31, 948.21, and 949.151-949.155 may be

23  cited as the "Drug Abuse and Crime Prevention Act."

24         Section 2.  Section 947.31, Florida Statutes, is

25  created to read:

26         947.31  Possession or use of controlled substance by

27  parolee; drug treatment; exceptions; modification or

28  revocation of parole.--

29         (1)  FINDINGS AND INTENT.--

30         (a)  The Legislature finds and declares that:

31

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  1         1.  Drug abuse treatment is a proven public safety and

  2  health measure and nonviolent, drug dependent criminal

  3  offenders who receive drug treatment are much less likely to

  4  abuse drugs and commit future crimes and are more likely to

  5  live healthier, more stable, and more productive lives.

  6         2.  Community safety and health are promoted and

  7  taxpayer dollars are saved when nonviolent persons convicted

  8  of drug possession or drug use are provided appropriate

  9  community-based treatment instead of incarceration.

10         3.  Legislation adopted in other states to divert

11  nonviolent drug offenders into drug treatment and education

12  programs rather than incarceration has resulted in safer

13  communities and more drug-abusing parolees in recovery, has

14  saved taxpayers millions of dollars, and is helping a

15  predominant percentage of program participants to remain drug

16  free.

17         (b)  The legislative purpose and intent of this section

18  are:

19         1.  To divert from incarceration into community-based

20  drug treatment programs nonviolent parolees charged with

21  simple drug possession or drug use offenses.

22         2.  To halt the wasteful expenditure of hundreds of

23  millions of dollars each year on the incarceration and

24  reincarceration of nonviolent drug users who would be better

25  served by community-based treatment.

26         3.  To enhance public safety by reducing drug-related

27  crime and preserving jails and prison cells for serious and

28  violent offenders.

29         4.  To improve public health by reducing drug abuse and

30  drug dependence through proven and effective drug treatment

31  strategies.

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  1         (c)  It is the further legislative intent that the

  2  intervention program established by this section for the

  3  treatment of drug offenders be supplemental to other

  4  intervention programs for the treatment of drug offenders.

  5         (2)  DEFINITIONS.--As used in this section, the term:

  6         (a)  "Nonviolent drug possession offense" means the

  7  unlawful possession, use, or transportation for personal use

  8  of any controlled substance regulated under chapter 893 or the

  9  offense of being under the influence of a controlled substance

10  regulated under chapter 893.  The term "nonviolent drug

11  possession offense" does not include possession for sale,

12  production, or manufacturing of any controlled substance

13  regulated under chapter 893.

14         (b)  "Drug treatment program" or "drug treatment" means

15  a licensed or certified community drug treatment program which

16  may include one or more of the following:  outpatient

17  treatment, halfway house treatment, narcotic replacement

18  therapy, drug education or prevention courses, or limited

19  inpatient or residential drug treatment as needed to address

20  special detoxification or relapse situations or severe

21  dependence.  The terms "drug treatment program" and "drug

22  treatment" do not include drug treatment programs offered in a

23  prison, jail, or other correctional facility.

24         (c)  "Successful completion of treatment" means that a

25  defendant who has had drug treatment imposed as a condition of

26  parole has completed the prescribed course of drug treatment

27  and, as a result, there is reasonable cause to believe that

28  the defendant will not abuse controlled substances in the

29  future.

30         (d)  "Misdemeanor not related to the use of drugs"

31  means a misdemeanor that does not involve:

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  1         1.a.  The simple possession or use of drugs or drug

  2  paraphernalia;

  3         b.  Being present where drugs are used; or

  4         c.  Failure to register as a drug offender; or

  5         2.  Any activity similar to those listed in

  6  subparagraph 1.

  7         (3)  DRUG TREATMENT OF PAROLEES.--

  8         (a)  Notwithstanding any other provision of law, and

  9  except as provided in paragraph (b), parole may not be

10  suspended or revoked for commission of a nonviolent drug

11  possession offense or for violating any drug-related condition

12  of parole.  As an additional condition of parole for all such

13  offenses or violations, the Parole Commission shall require

14  participation in and successful completion of an appropriate

15  drug treatment program.  Vocational training, family

16  counseling, and literacy training may be imposed as additional

17  parole conditions.  The Parole Commission may require any

18  person on parole who commits a nonviolent drug possession

19  offense or violates any drug-related condition of parole, and

20  who is reasonably able to do so, to contribute to the cost of

21  his or her own placement in a drug treatment program.

22         (b)  Paragraph (a) does not apply to:

23         1.  Any parolee who has been convicted of one or more

24  felonies of the second degree or higher or one or more

25  felonies involving the use or threat of physical force or

26  violence.

27         2.  Any parolee who, while on parole, commits one or

28  more nonviolent drug possession offenses and is found to have

29  concurrently committed a misdemeanor not related to the use of

30  drugs or any felony.

31

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  1         3.  Any parolee who refuses drug treatment as a

  2  condition of parole.

  3         (4)  DRUG TREATMENT PLAN AND PROGRESS REPORTS.--

  4         (a)  Within 7 days after a finding that the parolee has

  5  either committed a nonviolent drug possession offense or

  6  violated any drug-related condition of parole, the Parole

  7  Commission shall notify the treatment provider designated to

  8  provide drug treatment under subsection (3).  Within 30 days

  9  thereafter, the treatment provider shall prepare a drug

10  treatment plan and forward it to the Parole Commission and to

11  the parole and probation officer responsible for supervising

12  the parolee.  On a quarterly basis after the parolee begins

13  drug treatment, the treatment provider shall prepare and

14  forward a progress report on the parolee to the Parole

15  Commission and to the parole and probation officer responsible

16  for supervising the parolee.

17         (b)1.  If at any point during the course of drug

18  treatment the treatment provider notifies the Parole

19  Commission that the parolee is unamenable to the drug

20  treatment provided, but amenable to other drug treatments or

21  related programs, the Parole Commission may modify the terms

22  of parole to ensure that the parolee receives the alternative

23  drug treatment or program.

24         2.  If at any point during the course of drug treatment

25  the treatment provider notifies the Parole Commission that the

26  parolee is unamenable to the drug treatment provided and all

27  other forms of drug treatment, the Parole Commission may

28  revoke parole.  At the revocation hearing, parole may be

29  revoked unless the parolee proves by a preponderance of the

30  evidence that there is a drug treatment program to which he or

31  she is amenable.

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  1         (c)  Drug treatment services provided by subsection (3)

  2  as a required condition of parole may not exceed 12 months,

  3  provided, however, that additional aftercare services as a

  4  condition of parole may be required for up to 6 months.

  5         (5)  VIOLATION OF PAROLE.--

  6         (a)  Revocation of parole and incarceration;

  7  generally.--If parole is revoked pursuant to the provisions of

  8  this subsection, the defendant may be incarcerated pursuant to

  9  otherwise applicable law without regard to the provisions of

10  this section.

11         (b)  Non-drug-related parole violations.--Where a

12  parolee receives drug treatment under subsection (3), and

13  during the course of drug treatment violates parole either by

14  being arrested for an offense other than a nonviolent drug

15  possession offense or by violating a non-drug-related

16  condition of parole, and the Parole Commission acts to revoke

17  parole, a hearing shall be conducted to determine whether

18  parole shall be revoked.  Parole may be modified or revoked if

19  the parole violation is proved.

20         (c)  Drug-related parole violations.--

21         1.  Where a parolee receives drug treatment under

22  subsection (3), and during the course of drug treatment

23  violates parole either by being arrested for a nonviolent drug

24  possession offense or by violating a drug-related condition of

25  parole, and the Parole Commission acts to revoke parole, a

26  hearing shall be conducted to determine whether parole shall

27  be revoked.  Parole shall be revoked where the parole

28  violation is proved and a preponderance of the evidence

29  establishes that the parolee poses a danger to the safety of

30  others.  If parole is not revoked, the conditions of parole

31  may be intensified to achieve the goals of drug treatment.

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  1         2.  Where a parolee receives drug treatment under

  2  subsection (3), and during the course of drug treatment for

  3  the second time violates that parole either by being arrested

  4  for a nonviolent drug possession offense or by violating a

  5  drug-related condition of parole, and the Parole Commission

  6  acts for a second time to revoke parole, a hearing shall be

  7  conducted to determine whether parole shall be revoked.  If

  8  the alleged parole violation is proved, the parolee is not

  9  eligible for continued parole under any provision of this

10  section and may be reincarcerated.

11         3.  Where a parolee already on parole on the effective

12  date of this section violates that parole either by being

13  arrested for a nonviolent drug possession offense or by

14  violating a drug-related condition of parole, and the Parole

15  Commission acts to revoke parole, a hearing shall be conducted

16  to determine whether parole shall be revoked.  Parole shall be

17  revoked where the parole violation is proved and a

18  preponderance of the evidence establishes that the parolee

19  poses a danger to the safety of others.  If parole is not

20  revoked, the conditions of parole may be modified to include

21  participation in a drug treatment program as provided in

22  subsection (3).  This subparagraph does not apply to any

23  parolee who on the effective date of this section has been

24  convicted of one or more felonies of the second degree or

25  higher or one or more felonies involving the use or threat of

26  physical force or violence.

27         4.  Where a parolee already on parole on the effective

28  date of this section violates that parole for the second time

29  either by being arrested for a nonviolent drug-possession

30  offense or by violating a drug-related condition of parole,

31  and the Parole Commission acts for a second time to revoke

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  1  parole, a hearing shall be conducted to determine whether

  2  parole shall be revoked.  If the alleged parole violation is

  3  proved, the parolee is not eligible for continued parole under

  4  any provision of this section and may be reincarcerated.

  5         Section 3.  Section 948.21, Florida Statutes, is

  6  created to read:

  7         948.21  Possession or use of controlled substance by

  8  probationer; drug treatment; exceptions; modification or

  9  revocation of probation.--

10         (1)  FINDINGS AND INTENT.--

11         (a)  The Legislature finds and declares that:

12         1.  Drug abuse treatment is a proven public safety and

13  health measure and nonviolent, drug dependent criminal

14  offenders who receive drug treatment are much less likely to

15  abuse drugs and commit future crimes and are more likely to

16  live healthier, more stable, and more productive lives.

17         2.  Community safety and health are promoted and

18  taxpayer dollars are saved when nonviolent persons convicted

19  of drug possession or drug use are provided appropriate

20  community-based treatment instead of incarceration.

21         3.  Legislation adopted in other states to divert

22  nonviolent drug offenders into drug treatment and education

23  programs rather than incarceration has resulted in safer

24  communities and more drug-abusing probationers in recovery,

25  has saved taxpayers millions of dollars, and is helping a

26  predominant percentage of program participants to remain drug

27  free.

28         (b)  The legislative purpose and intent of this section

29  are:

30

31

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  1         1.  To divert from incarceration into community-based

  2  drug treatment programs nonviolent defendants and probationers

  3  charged with simple drug possession or drug use offenses.

  4         2.  To halt the wasteful expenditure of hundreds of

  5  millions of dollars each year on the incarceration and

  6  reincarceration of nonviolent drug users who would be better

  7  served by community-based treatment.

  8         3.  To enhance public safety by reducing drug-related

  9  crime and preserving jails and prison cells for serious and

10  violent offenders.

11         4.  To improve public health by reducing drug abuse and

12  drug dependence through proven and effective drug treatment

13  strategies.

14         (c)  It is the further legislative intent that the

15  intervention program established by this section for the

16  treatment of drug offenders be supplemental to other

17  intervention programs for the treatment of drug offenders.

18         (2)  DEFINITIONS.--As used in this section, the term:

19         (a)  "Nonviolent drug possession offense" means the

20  unlawful possession, use, or transportation for personal use

21  of any controlled substance regulated under chapter 893 or the

22  offense of being under the influence of a controlled substance

23  regulated under chapter 893.  The term "nonviolent drug

24  possession offense" does not include possession for sale,

25  production, or manufacturing of any controlled substance

26  regulated under chapter 893.

27         (b)  "Drug treatment program" or "drug treatment" means

28  a licensed or certified community drug treatment program which

29  may include one or more of the following:  outpatient

30  treatment, halfway house treatment, narcotic replacement

31  therapy, drug education or prevention courses, or limited

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  1  inpatient or residential drug treatment as needed to address

  2  special detoxification or relapse situations or severe

  3  dependence.  The terms "drug treatment program" and "drug

  4  treatment" do not include drug treatment programs offered in a

  5  prison, jail, or other correctional facility.

  6         (c)  "Successful completion of treatment" means that a

  7  defendant who has had drug treatment imposed as a condition of

  8  probation has completed the prescribed course of drug

  9  treatment and, as a result, there is reasonable cause to

10  believe that the defendant will not abuse controlled

11  substances in the future.

12         (d)  "Misdemeanor not related to the use of drugs"

13  means a misdemeanor that does not involve:

14         1.a.  The simple possession or use of drugs or drug

15  paraphernalia;

16         b.  Being present where drugs are used; or

17         c.  Failure to register as a drug offender; or

18         2.  Any activity similar to those listed in

19  subparagraph 1.

20         (3)  DRUG TREATMENT FOR PROBATIONERS.--

21         (a)  Notwithstanding any other provision of law, and

22  except as provided in paragraph (b), any person convicted of a

23  nonviolent drug possession offense shall receive probation.

24  As a condition of probation, the court shall require

25  participation in and completion of an appropriate drug

26  treatment program.  The court may also impose as a condition

27  of probation participation in vocational training, family

28  counseling, literacy training, or community service.  A court

29  may not impose incarceration as an additional condition of

30  probation.  Aside from the limitations imposed in this

31  paragraph, the trial court is not otherwise limited in the

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  1  type of probation conditions it may impose.  In addition to

  2  any fine assessed under other provisions of law, the trial

  3  judge may require any person convicted of a nonviolent drug

  4  possession offense who is reasonably able to do so to

  5  contribute to the cost of his or her own placement in a drug

  6  treatment program.

  7         (b)  Paragraph (a) does not apply to:

  8         1.  Any defendant who has previously been convicted of

  9  one or more felonies of the second degree or higher or one or

10  more felonies involving the use or threat of physical force or

11  violence, unless the nonviolent drug possession offense

12  occurred after a period of 5 years in which the defendant

13  remained free of both prison custody and the commission of an

14  offense which results in:

15         a.  A felony conviction other than a nonviolent drug

16  possession offense; or

17         b.  A misdemeanor conviction involving physical injury

18  or the threat of physical injury to another person.

19         2.  Any defendant who, in addition to one or more

20  nonviolent drug possession offenses, has been convicted in the

21  same proceeding of a misdemeanor not related to the use of

22  drugs or any felony.

23         3.  Any defendant who:

24         a.  While using a firearm, unlawfully possesses any

25  amount of a substance containing either cocaine base, cocaine,

26  heroin, or methamphetamine or a liquid, nonliquid, plant

27  substance, or hand-rolled cigarette containing phencyclidine.

28         b.  While using a firearm, is unlawfully under the

29  influence of cocaine base, cocaine, heroin, methamphetamine,

30  or phencyclidine.

31

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  1         4.  Any defendant who refuses drug treatment as a

  2  condition of probation.

  3         5.  Any defendant who has two separate convictions for

  4  nonviolent drug possession offenses, has participated in two

  5  separate courses of drug treatment pursuant to subsection (3),

  6  and is found by the court, by clear and convincing evidence,

  7  to be unamenable to any and all forms of available drug

  8  treatment.  Notwithstanding any other provision of law, the

  9  trial court shall sentence such defendants to 30 days in jail.

10         (4)  DRUG TREATMENT PLAN AND PROGRESS REPORTS.--

11         (a)  Within 7 days after an order imposing probation

12  under subsection (3), the Department of Corrections shall

13  notify the drug treatment provider designated to provide drug

14  treatment under subsection (3).  Within 30 days after

15  receiving that notice, the treatment provider shall prepare a

16  treatment plan and forward it to the Department of

17  Corrections.  On a quarterly basis after the defendant begins

18  the drug treatment program, the treatment provider shall

19  prepare and forward a progress report on the defendant to the

20  Department of Corrections.

21         (b)1.  If at any point during the course of drug

22  treatment the treatment provider notifies the Department of

23  Corrections that the defendant is unamenable to the drug

24  treatment being provided, but may be amenable to other drug

25  treatments or related programs, the department may move the

26  court to modify the terms of probation to ensure that the

27  defendant receives the alternative drug treatment or program.

28         2.  If at any point during the course of drug treatment

29  the treatment provider notifies the Department of Corrections

30  that the defendant is unamenable to the drug treatment

31  provided and all other forms of drug treatment, the department

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  1  may move to revoke probation.  At the revocation hearing,

  2  unless the defendant proves by a preponderance of the evidence

  3  that there is a drug treatment program to which he or she is

  4  amenable, the court may revoke probation.

  5         (c)  Drug treatment services provided by subsection (3)

  6  as a required condition of probation may not exceed 12 months,

  7  provided, however, that additional aftercare services as a

  8  condition of probation may be required for up to 6 months.

  9         (5)  DISMISSAL OF CHARGES UPON SUCCESSFUL COMPLETION OF

10  DRUG TREATMENT.--

11         (a)  At any time after completion of drug treatment, a

12  defendant may petition the sentencing court for dismissal of

13  the charges.  If the court finds that the defendant

14  successfully completed drug treatment, and substantially

15  complied with the conditions of probation, the conviction on

16  which the probation was based shall be set aside and the court

17  shall dismiss the indictment or information against the

18  defendant.  In addition, the arrest on which the conviction

19  was based shall be deemed to have never occurred.  Except as

20  provided in paragraph (b), the defendant shall thereafter be

21  released from all penalties and disabilities resulting from

22  the offense for which he or she has been convicted.

23         (b)1.  Dismissal of an indictment or information

24  pursuant to paragraph (a) does not permit a person to own,

25  possess, or have in his or her custody or control any firearm

26  capable of being concealed upon the person or prevent his or

27  her conviction under s. 790.23.

28         2.  Except as provided in paragraph (c), after an

29  indictment or information is dismissed pursuant to paragraph

30  (a), the defendant may indicate in response to any question

31

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  1  concerning his or her prior criminal record that he or she was

  2  not arrested or convicted for the offense.

  3         3.  Except as provided in paragraph (c), a record

  4  pertaining to an arrest or conviction resulting in successful

  5  completion of a drug treatment program under this section

  6  shall not, without the defendant's consent, be used in any way

  7  that could result in the denial of any employment, benefit,

  8  license, or certificate.

  9         (c)  Regardless of his or her successful completion of

10  drug treatment, the arrest and conviction on which the

11  probation was based may be recorded by the Department of

12  Corrections and disclosed in response to any law enforcement

13  officer application request or any law enforcement inquiry.

14  Dismissal of an information or indictment under this section

15  does not relieve a defendant of the obligation to disclose the

16  arrest and conviction in response to any direct question

17  contained in any questionnaire or application for public

18  office, for a position as a law enforcement officer, for

19  licensure by any state or local agency, for contracting with

20  the State Lottery, or for purposes of serving on a jury.

21         (6)  VIOLATION OF PROBATION.--

22         (a)  Revocation of probation and incarceration;

23  generally.--If probation is revoked pursuant to the provisions

24  of this subsection, the defendant may be incarcerated pursuant

25  to otherwise applicable law without regard to the provisions

26  of this section.

27         (b)  Non-drug-related probation violations.--Where a

28  defendant receives probation under subsection (3), and

29  violates that probation either by being arrested for an

30  offense that is not a nonviolent drug possession offense or by

31  violating a non-drug-related condition of probation, and the

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  1  state moves to revoke probation, the court shall conduct a

  2  hearing to determine whether probation shall be revoked.  The

  3  court may modify or revoke probation if the alleged violation

  4  is proved.

  5         (c)  Drug-related probation violations.--

  6         1.  Where a defendant receives probation under

  7  subsection (3), and violates that probation either by being

  8  arrested for a nonviolent drug possession offense or by

  9  violating a drug-related condition of probation, and the state

10  moves to revoke probation, the court shall conduct a hearing

11  to determine whether probation shall be revoked.  The trial

12  court shall revoke probation if the alleged probation

13  violation is proved and the state proves by a preponderance of

14  the evidence that the defendant poses a danger to the safety

15  of others.  If the court does not revoke probation, it may

16  intensify or alter the drug treatment plan.

17         2.  Where a defendant receives probation under

18  subsection (3), and for the second time violates that

19  probation either by being arrested for a nonviolent drug

20  possession offense or by violating a drug-related condition of

21  probation, and the state moves for a second time to revoke

22  probation, the court shall conduct a hearing to determine

23  whether probation shall be revoked.  The trial court shall

24  revoke probation if the alleged probation violation is proved

25  and the state proves by a preponderance of the evidence either

26  that the defendant poses a danger to the safety of others or

27  is unamenable to drug treatment.  In determining whether a

28  defendant is unamenable to drug treatment, the court may

29  consider, to the extent relevant, whether the defendant has

30  committed a serious violation of rules at the drug treatment

31  program, has repeatedly committed violations of program rules

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  1  that inhibit the defendant's ability to function in the

  2  program, or has continually refused to participate in the

  3  program or asked to be removed from the program.  If the court

  4  does not revoke probation, it may intensify or alter the drug

  5  treatment plan.

  6         3.  Where a defendant receives probation under

  7  subsection (3), and for the third time violates that probation

  8  either by being arrested for a nonviolent drug possession

  9  offense or by violating a drug-related condition of probation,

10  and the state moves for a third time to revoke probation, the

11  court shall conduct a hearing to determine whether probation

12  shall be revoked.  If the alleged probation violation is

13  proved, the defendant is not eligible for continued probation

14  under subsection (3).

15         4.  Where a defendant on probation on the effective

16  date of this section for a nonviolent drug possession offense

17  violates that probation either by being arrested for a

18  nonviolent drug possession offense or by violating a

19  drug-related condition of probation, and the state moves to

20  revoke probation, the court shall conduct a hearing to

21  determine if probation shall be revoked.  The trial court

22  shall revoke probation if the alleged probation violation is

23  proved and the state proves by a preponderance of the evidence

24  that the defendant poses a danger to the safety of others.  If

25  the court does not revoke probation, it may modify probation

26  and impose as an additional condition participation in a drug

27  treatment program.

28         5.  Where a defendant on probation on the effective

29  date of this section for a nonviolent drug possession offense

30  violates that probation a second time either by being arrested

31  for a nonviolent drug possession offense or by violating a

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  1  drug-related condition of probation, and the state moves for a

  2  second time to revoke probation, the court shall conduct a

  3  hearing to determine whether probation shall be revoked.  The

  4  trial court shall revoke probation if the alleged probation

  5  violation is proved and the state proves by a preponderance of

  6  the evidence either that the defendant poses a danger to the

  7  safety of others or is unamenable to drug treatment.  If the

  8  court does not revoke probation, it may modify probation and

  9  impose as an additional condition participation in a drug

10  treatment program.

11         6.  Where a defendant on probation on the effective

12  date of this section for a nonviolent drug offense violates

13  that probation a third time either by being arrested for a

14  nonviolent drug possession offense or by violating a

15  drug-related condition of probation, and the state moves for a

16  third time to revoke probation, the court shall conduct a

17  hearing to determine whether probation shall be revoked.  If

18  the alleged probation violation is proved, the defendant is

19  not eligible for continued probation under subsection (3).

20         Section 4.  Section 949.153, Florida Statutes, is

21  created to read:

22         949.153  Drug Abuse and Crime Prevention Act; funding;

23  studies; reports; audits.--

24         (1)  APPROPRIATIONS.--On July 1, 2002, $30 million

25  shall be continuously appropriated from the General Revenue

26  Fund to the Drug Abuse Treatment Trust Fund for the 2001-2002

27  fiscal year.  There is hereby continuously appropriated from

28  the General Revenue Fund to the Drug Abuse Treatment Trust

29  Fund an additional $60 million annually for each subsequent

30  fiscal year concluding with the 2006-2007 fiscal year.  These

31  funds shall be transferred to the Drug Abuse Treatment Trust

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  1  Fund on July 1 of each of the specified fiscal years.  Funds

  2  transferred to the Drug Abuse Treatment Trust Fund are not

  3  subject to annual appropriation by the Legislature and may be

  4  used without a time limit.  Nothing in this subsection

  5  precludes additional appropriations by the Legislature to the

  6  Drug Abuse Treatment Trust Fund.

  7         (2)  DISTRIBUTION OF FUNDS.--Funds deposited in the

  8  Drug Abuse Treatment Trust Fund shall be distributed annually

  9  by the Department of Corrections to the counties to cover the

10  costs of providing and placing persons in drug treatment

11  programs and vocational training, family counseling, and

12  literacy training under the Drug Abuse and Crime Prevention

13  Act.  Additional costs that may be reimbursed from the Drug

14  Abuse Treatment Trust Fund include costs to the Department of

15  Corrections of its probation-related duties, court-monitoring

16  costs, and any miscellaneous costs made necessary by the

17  provisions of the Drug Abuse and Crime Prevention Act other

18  than drug-testing services of any kind.  Such funds shall be

19  allocated to the counties through a fair and equitable

20  distribution formula that includes, but is not limited to, per

21  capita arrests for drug possession violations and drug

22  treatment caseload, as determined by the Department of

23  Corrections as necessary to carry out the purposes of the Drug

24  Abuse and Crime Prevention Act.  The Department of Corrections

25  may reserve a portion of the funds to pay for direct contracts

26  with drug treatment service providers in counties or areas in

27  which the Secretary of Corrections has determined that demand

28  for drug treatment services is not adequately met by existing

29  programs.  However, nothing in this subsection shall be

30  interpreted or construed to allow any entity to use funds from

31  the Drug Abuse Treatment Trust Fund to supplant funds from any

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  1  existing fund source or mechanism currently used to provide

  2  drug treatment.

  3         (3)  LOCAL GOVERNMENT AUTHORITY TO CONTROL LOCATION OF

  4  DRUG TREATMENT PROGRAMS.--Notwithstanding any other provision

  5  of law, no community drug treatment program may receive any

  6  funds from the Drug Abuse Treatment Trust Fund unless the

  7  program agrees to make its facilities subject to valid local

  8  government zoning ordinances and development agreements.

  9         (4)  EVALUATION STUDIES.--

10         (a)  Annual.--The Department of Corrections shall

11  annually conduct a study to evaluate the effectiveness and

12  financial impact of the programs which are funded pursuant to

13  the Drug Abuse and Crime Prevention Act.  The study shall

14  include, but not be limited to, a study of the implementation

15  process and a review of lower incarceration costs, reductions

16  in crime, reduced prison and jail construction, reduced

17  welfare costs, the adequacy of funds appropriated, and any

18  other impacts or issues the department can identify.

19         (b)  Long term.--The Department of Corrections shall

20  allocate up to 0.5 percent of the total funds of the Drug

21  Abuse Treatment Trust Fund each year for a long-term study to

22  be conducted by a public university in this state aimed at

23  evaluating the effectiveness and financial impact of the

24  programs that are funded pursuant to the Drug Abuse and Crime

25  Prevention Act.

26         (5)  COUNTY REPORTS.--The counties shall submit a

27  report annually to the Department of Corrections detailing the

28  numbers and characteristics of individuals served as a result

29  of funding provided by the Drug Abuse and Crime Prevention

30  Act.  The department shall promulgate a form which shall be

31  used by the counties for the reporting of this information, as

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  1  well as any other information that may be required by the

  2  department.  The department shall establish a deadline by

  3  which the counties shall submit their reports.

  4         (6)  AUDIT OF EXPENDITURES.--The Department of

  5  Corrections shall annually audit the expenditures made by any

  6  county which is funded, in whole or in part, with funds

  7  provided by the Drug Abuse and Crime Prevention Act.  Counties

  8  shall repay to the department any funds that are not spent in

  9  accordance with the requirements of the Drug Abuse and Crime

10  Prevention Act.

11         (7)  UNUSED FUNDS.--

12         (a)  Any funds remaining in the Drug Abuse Treatment

13  Trust Fund at the end of a fiscal year may be used to pay for

14  drug treatment programs to be carried out in the subsequent

15  fiscal year.

16         (b)  At the end of each fiscal year, a county may

17  retain unused funds received from the Drug Abuse Treatment

18  Trust Fund and may spend those funds, if approved by the

19  Department of Corrections, on drug programs that further the

20  purposes of the Drug Abuse and Crime Prevention Act.

21         Section 5.  This act shall take effect July 1, 2002, if

22  House Bill ... or similar legislation creating the Drug Abuse

23  Treatment Trust Fund is adopted in the same legislative

24  session or an extension thereof and becomes law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the Drug Abuse and Crime Prevention Act as a
  4    supplementary intervention program for certain nonviolent
      drug offenders.
  5

  6    Provides for drug treatment in lieu of reincarceration of
      certain parolees who commit a nonviolent drug possession
  7    offense or violate any drug-related condition of their
      parole.  Authorizes requiring parolees who are reasonably
  8    able to do so to contribute to the cost of their
      placement in a drug treatment program.  Provides findings
  9    and intent, definitions, and conditions and requirements
      for such treatment.  Provides for modification or
10    revocation of parole for failure to successfully complete
      treatment.
11

12    Provides for mandatory probation of certain persons
      convicted of a nonviolent drug possession offense.
13    Requires drug treatment as a condition of such probation.
      Authorizes requiring probationers who are reasonably able
14    to do so to contribute to the cost of their placement in
      a drug treatment program and authorizes other conditions
15    of such probation.  Provides findings and intent,
      definitions, and requirements for such treatment.
16    Provides for dismissal of charges upon successful
      completion of such treatment.  Provides for modification
17    or revocation of probation for failure to successfully
      complete treatment.
18

19    Appropriates funds for the Drug Abuse and Crime
      Prevention Act for a specified period and provides for
20    distribution and use of funds.  Provides for local
      control of drug treatment program location.  Provides for
21    annual and long-term evaluation studies.  Requires annual
      county reports to the Department of Corrections.
22    Provides for audit of county expenditures.  Provides for
      carryforward and use of unused funds from fiscal year to
23    fiscal year.

24
      See bill for details.
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