Senate Bill sb0642
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Florida Senate - 2004 SB 642
By Senator Miller
18-746-04
1 A bill to be entitled
2 An act relating to substance abuse; creating s.
3 948.201, F.S.; providing a short title;
4 providing findings and purpose; providing
5 definitions; providing for assignment of
6 certain nonviolent drug offenders to
7 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 for
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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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 must include
24 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 - 2004 SB 642
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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
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Florida Senate - 2004 SB 642
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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 offense or violates a drug-related condition
28 of the order subjecting the person to a rehabilitative
29 treatment program or a drug-related condition of probation,
30 the state attorney may move to proceed with prosecution, and
31 the court shall conduct a hearing. If the alleged violation is
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1 proved and the state proves by clear and convincing evidence
2 that such person poses a danger to the safety of other
3 persons, the court may order that the prosecution proceed.
4 Otherwise, the court may order that the rehabilitative
5 treatment program be intensified or modified.
6 (c) When the court directs that the prosecution
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 the prosecution of a
13 first-time nonviolent drug offender proceed because the person
14 has failed to successfully complete a rehabilitative treatment
15 program pursuant to this section, notwithstanding any other
16 law, the trial court may not sentence such defendant to a term
17 that exceeds 30 days in jail.
18 (e) When a defendant has two separate convictions for
19 a nonviolent drug offense, has participated in two separate
20 courses of drug treatment, and is found by the court by clear
21 and convincing evidence to be unsuitable for any available
22 form of drug treatment, the defendant is not eligible for
23 continued probation under subsection (4). Notwithstanding any
24 other law, the court may not sentence such defendant to a term
25 that exceeds 90 days in jail.
26 (f) At any time after completing treatment, a
27 defendant subject to paragraph (4)(b) may petition the court
28 for dismissal of the charges. If the court finds that the
29 defendant has successfully completed the prescribed course of
30 treatment and substantially complied with the conditions of
31 probation, the charges against the defendant shall be
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1 dismissed and the court record sealed in accordance with s.
2 943.059.
3 (6) ANNUAL ACCOUNTABILITY AND EVALUATION STUDY.--The
4 department shall annually evaluate the effectiveness and
5 financial impact of the programs that are funded pursuant to
6 this section. The department's review must include, but need
7 not be limited to, the implementation process, incarceration
8 costs, crime rates, prison and jail construction, welfare
9 costs, the adequacy of funds appropriated, and any other
10 impacts or issues the department identifies.
11 (7) APPLICABILITY TO OTHER PROVISIONS OF LAW.--The
12 provisions of this section shall control over any conflicting
13 provision of law, including any conflicting provision of s.
14 397.334, s. 910.035(5), s. 948.01(13), s. 948.034, s. 948.08,
15 s. 948.16, or s. 985.306.
16 Section 2. If any provision of this act or its
17 application to any person or circumstance is held invalid, the
18 invalidity does not affect other provisions or applications of
19 the act which can be given effect without the invalid
20 provision or application, and to this end the provisions of
21 this act are severable.
22 Section 3. This act shall take effect July 1, 2004.
23
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25 SENATE SUMMARY
26 Creates the "Substance Abuse and Crime Prevention Act."
Requires that a first-time nonviolent drug offender be
27 assigned to a rehabilitative treatment program. Provides
conditions of such assignment. Provides for subsequent
28 prosecution if the offender is arrested for drug
possession or violates a condition of probation. Requires
29 the Department of Corrections to conduct an annual
accountability and evaluation study. (See bill for
30 details.)
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