Senate Bill sb0604

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    Florida Senate - 2003                                   SB 604

    By Senator Miller





    18-48-03

  1                      A bill to be entitled

  2         An act relating to substance abuse; creating s.

  3         948.201, F.S., the "Substance Abuse and Crime

  4         Prevention Act"; providing findings and

  5         purpose; providing definitions; providing for

  6         assignment of certain nonviolent drug offenders

  7         to rehabilitative treatment programs; providing

  8         conditions of such assignment; providing

  9         conditions for subsequent prosecution;

10         providing for an annual accountability and

11         evaluation study; providing applicability to

12         other provisions of law; providing

13         severability; providing an effective date.

14  

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

16  

17         Section 1.  Section 948.201, Florida Statutes, is

18  created to read:

19         948.201  Substance abuse and crime prevention.--

20         (1)  SHORT TITLE.--This section may be cited as the

21  "Substance Abuse and Crime Prevention Act."

22         (2)  FINDINGS AND PURPOSE.--

23         (a)  The Legislature finds that:

24         1.  Substance abuse treatment is a proven public safety

25  and health measure. Nonviolent drug-dependent criminal

26  offenders who receive such treatment are much less likely to

27  abuse drugs and commit future crimes and are likely to live

28  healthier, more stable, and more productive lives.

29         2.  When nonviolent persons convicted of drug

30  possession or drug use are provided appropriate

31  community-based treatment instead of incarceration,

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    Florida Senate - 2003                                   SB 604
    18-48-03




 1  communities are healthier and safer, while taxpayer dollars

 2  are saved.

 3         3.  In 1996, Arizona voters overwhelmingly approved the

 4  Drug Medicalization, Prevention, and Control Act, which

 5  diverted nonviolent drug offenders into drug treatment rather

 6  than incarceration. According to a report prepared by the

 7  Arizona Supreme Court, the Arizona law has helped more than 75

 8  percent of program participants remain drug-free, resulting in

 9  safer communities and saving state taxpayers millions of

10  dollars.

11         (b)  The purpose of this section is to enhance public

12  safety by reducing drug-related crime and preserving jail and

13  prison cells for serious and violent offenders, to improve

14  public health by reducing drug abuse and drug dependence

15  through proven and effective drug treatment strategies, and to

16  halt the wasteful expenditure of hundreds of millions of

17  dollars each year on the incarceration and reincarceration of

18  nonviolent drug offenders who would be better placed in

19  community-based treatment.

20         (3)  DEFINITIONS.--As used in this section, the term:

21         (a)  "Rehabilitative treatment program" means the least

22  restrictive rehabilitative treatment program available, as

23  determined by clinical assessment. Such a program shall

24  include drug treatment provided by a certified community drug

25  treatment program. Such a program may include one or more of

26  the following: outpatient treatment; halfway house treatment;

27  narcotic replacement therapy; drug education or prevention

28  courses; inpatient or residential drug treatment as needed to

29  address special detoxification or relapse situations or severe

30  dependence; vocational training; family counseling; literacy

31  training; or community service.

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    Florida Senate - 2003                                   SB 604
    18-48-03




 1         (b)  "Nonviolent drug offense" means an offense

 2  involving the possession or sale of a controlled substance, as

 3  defined in s. 893.02, which offense did not involve the use,

 4  attempted use, or threatened use of physical force against

 5  another person.

 6         (4)  APPROPRIATE ASSIGNMENT OF NONVIOLENT DRUG

 7  OFFENDERS.--

 8         (a)  After arraignment, the court shall direct that a

 9  clinical assessment be performed of any person charged with a

10  nonviolent drug offense, with the consent of the person

11  arrested. Such clinical assessment shall form the basis for

12  all orders pursuant to this section.

13         (b)  There shall be a presumption that any person who

14  would otherwise be arraigned for a nonviolent drug offense for

15  the first time shall, prior to the entry of a guilty plea, be

16  ordered by the court to participate in and complete a

17  rehabilitative treatment program. This section applies to all

18  first-time nonviolent drug offenders.

19         (c)  Paragraph (b) does not apply to any person who:

20         1.  Has been convicted within the previous 5 years for

21  a felony involving the use or threatened use of physical force

22  against another person.

23         2.  In addition to the conviction for the nonviolent

24  drug offense, has been charged or convicted in the same

25  proceeding for a felony not related to the use of drugs.

26         3.  Refuses participation in a rehabilitative treatment

27  program.

28         4.  Has two separate convictions for nonviolent drug

29  offenses, has participated in two separate courses of

30  rehabilitative treatment under this section, and is found by

31  

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    Florida Senate - 2003                                   SB 604
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 1  the court by clear and convincing evidence to be unsuitable

 2  for any available form of rehabilitative treatment.

 3         (d)  If, during the course of rehabilitative treatment,

 4  the treatment provider determines that the defendant is

 5  unsuitable for the treatment being provided, but may be

 6  suitable for other rehabilitative treatment programs, the

 7  court may modify the terms of its order to ensure that the

 8  person receives the alternative treatment or program.

 9         (e)  This section does not preclude a defendant from

10  declining to participate in a rehabilitative treatment

11  program. A person who declines such participation shall be

12  prosecuted and sentenced in accordance with otherwise

13  applicable provisions of the criminal code.

14         (5)  SUBSEQUENT PROSECUTION.--

15         (a)  When any person participating in a rehabilitative

16  treatment program pursuant to subsection (4) is arrested for

17  an offense other than a nonviolent drug offense or violates a

18  non-drug-related condition of the order subjecting the person

19  to a rehabilitative treatment program or non-drug-related

20  condition of probation, the state attorney may move to proceed

21  with prosecution, at which time the court shall conduct a

22  hearing. If the alleged violation is proved, the court may

23  modify its order or the conditions of probation or may direct

24  prosecution to proceed.

25         (b)  When any person participating in a rehabilitative

26  treatment program pursuant to subsection (4) is arrested for a

27  nonviolent drug possession offense or violates a drug-related

28  condition of the order subjecting the person to a

29  rehabilitative treatment program or a drug-related condition

30  of probation, the state attorney may move to proceed with

31  prosecution, and the court shall conduct a hearing. If the

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    Florida Senate - 2003                                   SB 604
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 1  alleged violation is proved and the state proves by clear and

 2  convincing evidence that such person poses a danger to the

 3  safety of other persons, the court may order that prosecution

 4  should proceed. Otherwise, the court may order that the

 5  rehabilitative treatment program be intensified or modified.

 6         (c)  When the court directs that prosecution may

 7  proceed, the person who has failed to successfully complete a

 8  rehabilitative treatment program pursuant to this section may

 9  not receive a sentence that exceeds the sentence to which the

10  person would have been subject had the person declined to

11  participate in the rehabilitative treatment program.

12         (d)  When the court directs that prosecution of a

13  first-time nonviolent drug offender may proceed because the

14  person has failed to successfully complete a rehabilitative

15  treatment program pursuant to this section, notwithstanding

16  any other law, the trial court may not sentence such defendant

17  to a term that exceeds 30 days in jail.

18         (e)  When a defendant has two separate convictions for

19  a nonviolent drug possession offense, has participated in two

20  separate courses of drug treatment, and is found by the court

21  by clear and convincing evidence to be unsuitable for any

22  available form of drug treatment, the defendant is not

23  eligible for continued probation under subsection (4).

24  Notwithstanding any other law, the trial court may not

25  sentence such defendant to a term that exceeds 90 days in

26  jail.

27         (f)  At any time after completing treatment, a

28  defendant subject to paragraph (4)(b) may petition the court

29  for dismissal of the charges. If the court finds that the

30  defendant has successfully completed the prescribed course of

31  treatment and substantially complied with the conditions of

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    Florida Senate - 2003                                   SB 604
    18-48-03




 1  probation, the charges against the defendant shall be

 2  dismissed and the court record sealed in accordance with s.

 3  943.059.

 4         (6)  ANNUAL ACCOUNTABILITY AND EVALUATION STUDY.--The

 5  department shall annually conduct a study to evaluate the

 6  effectiveness and financial impact of the programs that are

 7  funded pursuant to this section. The study shall include, but

 8  not be limited to, a study of the implementation process, a

 9  review of incarceration costs, crime rates, prison and jail

10  construction, welfare costs, the adequacy of funds

11  appropriated, and any other impacts or issues the department

12  can identify.

13         (7)  APPLICABILITY TO OTHER PROVISIONS OF LAW.--The

14  provisions of this section shall control over any conflicting

15  provision of law, including any conflicting provision of s.

16  397.334, s. 910.035(5), s. 948.01(13), s. 948.034, s. 948.08,

17  s. 948.16, or s. 985.306.

18         Section 2.  If any provision of this act or its

19  application to any person or circumstance is held invalid, the

20  invalidity does not affect other provisions or applications of

21  the act which can be given effect without the invalid

22  provision or application, and to this end the provisions of

23  this act are severable.

24         Section 3.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                   SB 604
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates the "Substance Abuse and Crime Prevention Act."
      Requires that a first-time nonviolent drug offender be
 4    assigned to a rehabilitative treatment program. Provides
      conditions of such assignment. Provides for subsequent
 5    prosecution if the offender is arrested for drug
      possession or violates a condition of probation. Requires
 6    the Department of Corrections to conduct an annual
      accountability and evaluation study. (See bill for
 7    details.)

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