HB 0177

1	A bill to be entitled
2	An act relating to drug court programs; amending s.
3	39.001, F.S.; providing additional legislative purposes
4	and intent with respect to the treatment of substance
5	abuse, including the use of the drug court program model;
6	authorizing the court to require certain persons to
7	undergo treatment following adjudication; providing that
8	the court is not precluded from ordering drug testing;
9	amending ss. 39.402 and 39.407, F.S.; authorizing the
10	court to order specified persons to submit to a substance
11	abuse assessment upon a showing of good cause in
12	connection with a shelter hearing or petition for
13	dependency; amending ss. 39.507 and 39.521, F.S.;
14	authorizing the court to order specified persons to submit
15	to a substance abuse assessment as part of an adjudicatory
16	order or pursuant to a disposition hearing; requiring a
17	showing of good cause; authorizing the court to require
18	participation in a treatment-based drug court program;
19	authorizing the court to impose sanctions for
20	noncompliance; amending s. 39.701, F.S.; authorizing the
21	court to extend the time for completing a case plan during
22	judicial review, based upon participation in a treatment-
23	based drug court program; amending s. 397.334, F.S.;
24	revising legislative intent with respect to treatment-
25	based drug court programs to reflect participation by
26	community support agencies, the Department of Education,
27	and other individuals; including postadjudicatory programs
28	as part of treatment-based drug court programs; providing
29	requirements and sanctions, including clinical placement
30	or incarceration, for the coordinated strategy developed
31	by the drug court team to encourage participant
32	compliance; requiring each judicial circuit to establish a
33	position for a coordinator of the treatment-based drug
34	court program, subject to annual appropriation by the
35	Legislature; authorizing the chief judge of each judicial
36	circuit to appoint an advisory committee for the
37	treatment-based drug court program; providing for
38	membership of the committee; revising language with
39	respect to an annual report; amending s. 910.035, F.S.;
40	revising language with respect to conditions for the
41	transfer of a case in the drug court treatment program to
42	a county other than that in which the charge arose;
43	amending ss. 948.08, 948.16, and 985.306, F.S., relating
44	to felony, misdemeanor, and delinquency pretrial substance
45	abuse education and treatment intervention programs;
46	providing requirements and sanctions, including clinical
47	placement or incarceration, for the coordinated strategy
48	developed by the drug court team to encourage participant
49	compliance and removing provisions authorizing appointment
50	of an advisory committee, to conform to changes made by
51	the act; providing an effective date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Subsection (4) of section 39.001, Florida
56	Statutes, is amended to read:
57	39.001  Purposes and intent; personnel standards and
58	screening.--
59	(4)  SUBSTANCE ABUSE SERVICES.--
60	(a)  The Legislature recognizes that substance abuse is a
61	primary cause of the dramatic rise in cases of child abuse and
62	neglect, immeasurably increases the complexity of cases in the
63	dependency system, severely compromises or destroys the ability
64	of parents to provide a safe and nurturing home for children,
65	and severely confounds the dependency system's ability to
66	protect children. The Legislature also recognizes that early
67	referral and comprehensive treatment can help combat substance
68	abuse in families and that treatment is cost effective. The
69	Legislature further recognizes that treatment-based drug court
70	program models that integrate judicial supervision, treatment,
71	accountability, sanctions, and community support greatly
72	increase the effectiveness of substance abuse treatment and
73	reduce the number of cases of child abuse and neglect.
74	(b)  The substance abuse treatment and family safety
75	programs of the Department of Children and Family Services have
76	identified the following goals for the state:
77	1.  To ensure the safety of children.
78	2.  To prevent and remediate the consequences of substance
79	abuse on families involved in protective supervision or foster
80	care and reduce substance abuse, including alcohol abuse, for
81	families who are at risk of being involved in protective
82	supervision or foster care.
83	3.  To expedite permanency for children and reunify
84	healthy, intact families, when appropriate.
85	4.  To support families in recovery.
86	(c)  The Legislature finds that children in the care of the
87	state's dependency system need appropriate health care services,
88	that the impact of substance abuse on health indicates the need
89	for health care services to include substance abuse services to
90	children and parents where appropriate, and that it is in the
91	state's best interest that such children be provided the
92	services they need to enable them to become and remain
93	independent of state care. In order to provide these services,
94	the state's dependency system must have the ability to identify
95	and provide appropriate intervention and treatment for children
96	with personal or family-related substance abuse problems.
97	(d)  It is the intent of the Legislature to encourage the
98	court to support the drug court program model by assessing
99	parents and children to identify and address substance abuse
100	problems as the court deems appropriate at every stage of the
101	dependency process. Participation in treatment, including a
102	treatment-based drug court program, may be required by the court
103	following adjudication. This subsection does not prevent a
104	child's parents and, when appropriate, the legal custodian from
105	voluntarily entering treatment, including a treatment-based drug
106	court program, at the earliest stage of the process. Nothing in
107	this subsection precludes a court from ordering drug testing
108	where substance abuse is suspected to determine the safety of
109	the placement of a child with a caretaker.
110	(e)  It is therefore the purpose of the Legislature to
111	provide authority for the state to contract with community
112	substance abuse treatment providers for the development and
113	operation of specialized support and overlay services for the
114	dependency system, which will be fully implemented and used
115	utilized as resources permit.
116	(f)  It is the intent of the Legislature to encourage the
117	Department of Children and Family Services, in conjunction with
118	community agencies; treatment-based facilities; facilities
119	dedicated to child welfare, child development, and mental health
120	services; the Department of Health; other similar agencies;
121	local governments; law enforcement agencies; and other
122	interested public or private sources to support the drug court
123	program model. Participation in the treatment-based drug court
124	program does not divest any public or private agency of its
125	responsibility for a child or adult, but enables these agencies
126	to better meet their needs through shared responsibility and
127	resources.
128	Section 2.  Subsections (11) through (16) of section
129	39.402, Florida Statutes, are renumbered as subsections (12)
130	through (17), respectively, and a new subsection (11) is added
131	to said section to read:
132	39.402  Placement in a shelter.--
133	(11)  At the shelter hearing, the court may order the child
134	or the child's parent, caregiver, legal custodian, or other
135	person requesting custody of the child to submit to a substance
136	abuse assessment or evaluation. The assessment or evaluation
137	must be administered by a qualified professional, as defined in
138	s. 397.311. The order may be made only upon good cause shown.
139	Section 3.  Section 39.407, Florida Statutes, is amended to
140	read:
141	39.407  Medical, psychiatric, and psychological examination
142	and treatment of child; physical, or mental, or substance abuse
143	examination of parent or person requesting custody of child.--
144	(1)  When any child is removed from the home and maintained
145	in an out-of-home placement, the department is authorized to
146	have a medical screening performed on the child without
147	authorization from the court and without consent from a parent
148	or legal custodian. Such medical screening shall be performed by
149	a licensed health care professional and shall be to examine the
150	child for injury, illness, and communicable diseases and to
151	determine the need for immunization. The department shall by
152	rule establish the invasiveness of the medical procedures
153	authorized to be performed under this subsection. In no case
154	does this subsection authorize the department to consent to
155	medical treatment for such children.
156	(2)  When the department has performed the medical
157	screening authorized by subsection (1), or when it is otherwise
158	determined by a licensed health care professional that a child
159	who is in an out-of-home placement, but who has not been
160	committed to the department, is in need of medical treatment,
161	including the need for immunization, consent for medical
162	treatment shall be obtained in the following manner:
163	(a)1.  Consent to medical treatment shall be obtained from
164	a parent or legal custodian of the child; or
165	2.  A court order for such treatment shall be obtained.
166	(b)  If a parent or legal custodian of the child is
167	unavailable and his or her whereabouts cannot be reasonably
168	ascertained, and it is after normal working hours so that a
169	court order cannot reasonably be obtained, an authorized agent
170	of the department shall have the authority to consent to
171	necessary medical treatment, including immunization, for the
172	child. The authority of the department to consent to medical
173	treatment in this circumstance shall be limited to the time
174	reasonably necessary to obtain court authorization.
175	(c)  If a parent or legal custodian of the child is
176	available but refuses to consent to the necessary treatment,
177	including immunization, a court order shall be required unless
178	the situation meets the definition of an emergency in s. 743.064
179	or the treatment needed is related to suspected abuse,
180	abandonment, or neglect of the child by a parent, caregiver, or
181	legal custodian. In such case, the department shall have the
182	authority to consent to necessary medical treatment. This
183	authority is limited to the time reasonably necessary to obtain
184	court authorization.
185
186	In no case shall the department consent to sterilization,
187	abortion, or termination of life support.
188	(3)(a)  A judge may order a child in an out-of-home
189	placement to be examined by a licensed health care professional.
190	(b)  The judge may also order such child to be evaluated by
191	a psychiatrist or a psychologist or, if a developmental
192	disability is suspected or alleged, by the developmental
193	disability diagnostic and evaluation team of the department. If
194	it is necessary to place a child in a residential facility for
195	such evaluation, the criteria and procedure established in s.
196	394.463(2) or chapter 393 shall be used, whichever is
197	applicable.
198	(c)  The judge may also order such child to be evaluated by
199	a district school board educational needs assessment team. The
200	educational needs assessment provided by the district school
201	board educational needs assessment team shall include, but not
202	be limited to, reports of intelligence and achievement tests,
203	screening for learning disabilities and other handicaps, and
204	screening for the need for alternative education as defined in
205	s. 1001.42.
206	(4)  A judge may order a child in an out-of-home placement
207	to be treated by a licensed health care professional based on
208	evidence that the child should receive treatment. The judge may
209	also order such child to receive mental health or developmental
210	disabilities services from a psychiatrist, psychologist, or
211	other appropriate service provider. Except as provided in
212	subsection (5), if it is necessary to place the child in a
213	residential facility for such services, the procedures and
214	criteria established in s. 394.467 or chapter 393 shall be used,
215	whichever is applicable. A child may be provided developmental
216	disabilities or mental health services in emergency situations,
217	pursuant to the procedures and criteria contained in s.
218	394.463(1) or chapter 393, whichever is applicable.
219	(5)  Children who are in the legal custody of the
220	department may be placed by the department, without prior
221	approval of the court, in a residential treatment center
222	licensed under s. 394.875 or a hospital licensed under chapter
223	395 for residential mental health treatment only pursuant to
224	this section or may be placed by the court in accordance with an
225	order of involuntary examination or involuntary placement
226	entered pursuant to s. 394.463 or s. 394.467. All children
227	placed in a residential treatment program under this subsection
228	must have a guardian ad litem appointed.
229	(a)  As used in this subsection, the term:
230	1.  "Residential treatment" means placement for
231	observation, diagnosis, or treatment of an emotional disturbance
232	in a residential treatment center licensed under s. 394.875 or a
233	hospital licensed under chapter 395.
234	2.  "Least restrictive alternative" means the treatment and
235	conditions of treatment that, separately and in combination, are
236	no more intrusive or restrictive of freedom than reasonably
237	necessary to achieve a substantial therapeutic benefit or to
238	protect the child or adolescent or others from physical injury.
239	3.  "Suitable for residential treatment" or "suitability"
240	means a determination concerning a child or adolescent with an
241	emotional disturbance as defined in s. 394.492(5) or a serious
242	emotional disturbance as defined in s. 394.492(6) that each of
243	the following criteria is met:
244	a.  The child requires residential treatment.
245	b.  The child is in need of a residential treatment program
246	and is expected to benefit from mental health treatment.
247	c.  An appropriate, less restrictive alternative to
248	residential treatment is unavailable.
249	(b)  Whenever the department believes that a child in its
250	legal custody is emotionally disturbed and may need residential
251	treatment, an examination and suitability assessment must be
252	conducted by a qualified evaluator who is appointed by the
253	Agency for Health Care Administration. This suitability
254	assessment must be completed before the placement of the child
255	in a residential treatment center for emotionally disturbed
256	children and adolescents or a hospital. The qualified evaluator
257	must be a psychiatrist or a psychologist licensed in Florida who
258	has at least 3 years of experience in the diagnosis and
259	treatment of serious emotional disturbances in children and
260	adolescents and who has no actual or perceived conflict of
261	interest with any inpatient facility or residential treatment
262	center or program.
263	(c)  Before a child is admitted under this subsection, the
264	child shall be assessed for suitability for residential
265	treatment by a qualified evaluator who has conducted a personal
266	examination and assessment of the child and has made written
267	findings that:
268	1.  The child appears to have an emotional disturbance
269	serious enough to require residential treatment and is
270	reasonably likely to benefit from the treatment.
271	2.  The child has been provided with a clinically
272	appropriate explanation of the nature and purpose of the
273	treatment.
274	3.  All available modalities of treatment less restrictive
275	than residential treatment have been considered, and a less
276	restrictive alternative that would offer comparable benefits to
277	the child is unavailable.
278
279	A copy of the written findings of the evaluation and suitability
280	assessment must be provided to the department and to the
281	guardian ad litem, who shall have the opportunity to discuss the
282	findings with the evaluator.
283	(d)  Immediately upon placing a child in a residential
284	treatment program under this section, the department must notify
285	the guardian ad litem and the court having jurisdiction over the
286	child and must provide the guardian ad litem and the court with
287	a copy of the assessment by the qualified evaluator.
288	(e)  Within 10 days after the admission of a child to a
289	residential treatment program, the director of the residential
290	treatment program or the director's designee must ensure that an
291	individualized plan of treatment has been prepared by the
292	program and has been explained to the child, to the department,
293	and to the guardian ad litem, and submitted to the department.
294	The child must be involved in the preparation of the plan to the
295	maximum feasible extent consistent with his or her ability to
296	understand and participate, and the guardian ad litem and the
297	child's foster parents must be involved to the maximum extent
298	consistent with the child's treatment needs. The plan must
299	include a preliminary plan for residential treatment and
300	aftercare upon completion of residential treatment. The plan
301	must include specific behavioral and emotional goals against
302	which the success of the residential treatment may be measured.
303	A copy of the plan must be provided to the child, to the
304	guardian ad litem, and to the department.
305	(f)  Within 30 days after admission, the residential
306	treatment program must review the appropriateness and
307	suitability of the child's placement in the program. The
308	residential treatment program must determine whether the child
309	is receiving benefit toward the treatment goals and whether the
310	child could be treated in a less restrictive treatment program.
311	The residential treatment program shall prepare a written report
312	of its findings and submit the report to the guardian ad litem
313	and to the department. The department must submit the report to
314	the court. The report must include a discharge plan for the
315	child. The residential treatment program must continue to
316	evaluate the child's treatment progress every 30 days thereafter
317	and must include its findings in a written report submitted to
318	the department. The department may not reimburse a facility
319	until the facility has submitted every written report that is
320	due.
321	(g)1.  The department must submit, at the beginning of each
322	month, to the court having jurisdiction over the child, a
323	written report regarding the child's progress toward achieving
324	the goals specified in the individualized plan of treatment.
325	2.  The court must conduct a hearing to review the status
326	of the child's residential treatment plan no later than 3 months
327	after the child's admission to the residential treatment
328	program. An independent review of the child's progress toward
329	achieving the goals and objectives of the treatment plan must be
330	completed by a qualified evaluator and submitted to the court
331	before its 3-month review.
332	3.  For any child in residential treatment at the time a
333	judicial review is held pursuant to s. 39.701, the child's
334	continued placement in residential treatment must be a subject
335	of the judicial review.
336	4.  If at any time the court determines that the child is
337	not suitable for continued residential treatment, the court
338	shall order the department to place the child in the least
339	restrictive setting that is best suited to meet his or her
340	needs.
341	(h)  After the initial 3-month review, the court must
342	conduct a review of the child's residential treatment plan every
343	90 days.
344	(i)  The department must adopt rules for implementing
345	timeframes for the completion of suitability assessments by
346	qualified evaluators and a procedure that includes timeframes
347	for completing the 3-month independent review by the qualified
348	evaluators of the child's progress toward achieving the goals
349	and objectives of the treatment plan which review must be
350	submitted to the court. The Agency for Health Care
351	Administration must adopt rules for the registration of
352	qualified evaluators, the procedure for selecting the evaluators
353	to conduct the reviews required under this section, and a
354	reasonable, cost-efficient fee schedule for qualified
355	evaluators.
356	(6)  When a child is in an out-of-home placement, a
357	licensed health care professional shall be immediately called if
358	there are indications of physical injury or illness, or the
359	child shall be taken to the nearest available hospital for
360	emergency care.
361	(7)  Except as otherwise provided herein, nothing in this
362	section shall be deemed to eliminate the right of a parent,
363	legal custodian, or the child to consent to examination or
364	treatment for the child.
365	(8)  Except as otherwise provided herein, nothing in this
366	section shall be deemed to alter the provisions of s. 743.064.
367	(9)  A court shall not be precluded from ordering services
368	or treatment to be provided to the child by a duly accredited
369	practitioner who relies solely on spiritual means for healing in
370	accordance with the tenets and practices of a church or
371	religious organization, when required by the child's health and
372	when requested by the child.
373	(10)  Nothing in this section shall be construed to
374	authorize the permanent sterilization of the child unless such
375	sterilization is the result of or incidental to medically
376	necessary treatment to protect or preserve the life of the
377	child.
378	(11)  For the purpose of obtaining an evaluation or
379	examination, or receiving treatment as authorized pursuant to
380	this section, no child alleged to be or found to be dependent
381	shall be placed in a detention home or other program used
382	primarily for the care and custody of children alleged or found
383	to have committed delinquent acts.
384	(12)  The parents or legal custodian of a child in an out-
385	of-home placement remain financially responsible for the cost of
386	medical treatment provided to the child even if either one or
387	both of the parents or if the legal custodian did not consent to
388	the medical treatment. After a hearing, the court may order the
389	parents or legal custodian, if found able to do so, to reimburse
390	the department or other provider of medical services for
391	treatment provided.
392	(13)  Nothing in this section alters the authority of the
393	department to consent to medical treatment for a dependent child
394	when the child has been committed to the department and the
395	department has become the legal custodian of the child.
396	(14)  At any time after the filing of a shelter petition or
397	petition for dependency, when the mental or physical condition,
398	including the blood group, of a parent, caregiver, legal
399	custodian, or other person requesting custody of a child is in
400	controversy, the court may order the person to submit to a
401	physical or mental examination by a qualified professional. The
402	order may be made only upon good cause shown and pursuant to
403	notice and procedures as set forth by the Florida Rules of
404	Juvenile Procedure.
405	(15)  At any time after a shelter petition or petition for
406	dependency is filed, the court may order a child or the child's
407	parent, caregiver, legal custodian, or other person requesting
408	custody of the child, if it has not already done so, to submit
409	to a substance abuse assessment and evaluation. The assessment
410	or evaluation must be administered by a qualified professional,
411	as defined in s. 397.311. The order may be made only upon good
412	cause shown.
413	Section 4.  Subsection (9) is added to section 39.507,
414	Florida Statutes, to read:
415	39.507  Adjudicatory hearings; orders of adjudication.--
416	(9)  The court may order a child or the child's parent,
417	caregiver, legal custodian, or other person requesting custody
418	of the child, if it has not already done so, to submit to a
419	substance abuse assessment or evaluation. The assessment or
420	evaluation must be administered by a qualified professional, as
421	defined in s. 397.311. The court may also require such person to
422	participate in and comply with treatment and services identified
423	as necessary, including, when appropriate and available,
424	participation in and compliance with a treatment-based drug
425	court program. The court, including the treatment-based drug
426	court program, shall oversee the progress and compliance with
427	treatment by the child or the child's parent, legal custodian,
428	caregiver, or other person requesting custody of the child and
429	shall impose appropriate available sanctions for noncompliance
430	upon the child or the child's parent, legal custodian,
431	caregiver, or other person requesting custody of the child. Any
432	order entered under this subsection may be made only upon good
433	cause shown.
434	Section 5.  Paragraph (b) of subsection (1) of section
435	39.521, Florida Statutes, is amended to read:
436	39.521  Disposition hearings; powers of disposition.--
437	(1)  A disposition hearing shall be conducted by the court,
438	if the court finds that the facts alleged in the petition for
439	dependency were proven in the adjudicatory hearing, or if the
440	parents or legal custodians have consented to the finding of
441	dependency or admitted the allegations in the petition, have
442	failed to appear for the arraignment hearing after proper
443	notice, or have not been located despite a diligent search
444	having been conducted.
445	(b)  When any child is adjudicated by a court to be
446	dependent, the court having jurisdiction of the child has the
447	power by order to:
448	1.  Require the parent and, when appropriate, the legal
449	custodian and the child, to participate in treatment and
450	services identified as necessary. The court may require a child
451	or the child's parent, caregiver, legal custodian, or other
452	person requesting custody of the child to submit to a substance
453	abuse assessment or evaluation. The assessment or evaluation
454	must be administered by a qualified professional, as defined in
455	s. 397.311. The court may also require such person to
456	participate in and comply with treatment and services identified
457	as necessary, including participation in and compliance with a
458	treatment-based drug court program, when appropriate and if
459	available. The court, including the treatment-based drug court
460	program, shall oversee the progress and compliance with
461	treatment by the child or the child's parent, legal custodian,
462	caregiver, or other person requesting custody of the child and
463	shall impose appropriate available sanctions for noncompliance
464	upon the child or the child's parent, legal custodian,
465	caregiver, or other person requesting custody of the child. Any
466	order entered under this subparagraph may be made only upon good
467	cause shown.
468	2.  Require, if the court deems necessary, the parties to
469	participate in dependency mediation.
470	3.  Require placement of the child either under the
471	protective supervision of an authorized agent of the department
472	in the home of one or both of the child's parents or in the home
473	of a relative of the child or another adult approved by the
474	court, or in the custody of the department. Protective
475	supervision continues until the court terminates it or until the
476	child reaches the age of 18, whichever date is first. Protective
477	supervision shall be terminated by the court whenever the court
478	determines that permanency has been achieved for the child,
479	whether with a parent, another relative, or a legal custodian,
480	and that protective supervision is no longer needed. The
481	termination of supervision may be with or without retaining
482	jurisdiction, at the court's discretion, and shall in either
483	case be considered a permanency option for the child. The order
484	terminating supervision by the department shall set forth the
485	powers of the custodian of the child and shall include the
486	powers ordinarily granted to a guardian of the person of a minor
487	unless otherwise specified. Upon the court's termination of
488	supervision by the department, no further judicial reviews are
489	required, so long as permanency has been established for the
490	child.
491	Section 6.  Paragraph (d) of subsection (9) of section
492	39.701, Florida Statutes, is amended to read:
493	39.701  Judicial review.--
494	(9)
495	(d)  The court may extend the time limitation of the case
496	plan, or may modify the terms of the plan, which, in addition to
497	other modifications, may include a requirement that the parent,
498	foster parent, or legal custodian participate in a treatment-
499	based drug court program, based upon information provided by the
500	social service agency, and the guardian ad litem, if one has
501	been appointed, the parent or parents, and the foster parents or
502	legal custodian, and any other competent information on record
503	demonstrating the need for the amendment. If the court extends
504	the time limitation of the case plan, the court must make
505	specific findings concerning the frequency of past parent-child
506	visitation, if any, and the court may authorize the expansion or
507	restriction of future visitation. Modifications to the plan must
508	be handled as prescribed in s. 39.601. Any extension of a case
509	plan must comply with the time requirements and other
510	requirements specified by this chapter.
511	Section 7.  Section 397.334, Florida Statutes, is amended
512	to read:
513	397.334  Treatment-based drug court programs.--
514	(1)  Each county may fund a treatment-based drug court
515	program under which persons in the justice system assessed with
516	a substance abuse problem will be processed in such a manner as
517	to appropriately address the severity of the identified
518	substance abuse problem through treatment services plans
519	tailored to the individual needs of the participant. It is the
520	intent of the Legislature to encourage the Department of
521	Corrections, the Department of Children and Family Services, the
522	Department of Juvenile Justice, the Department of Health, the
523	Department of Law Enforcement, the Department of Education, and
524	such other agencies, local governments, law enforcement
525	agencies, and other interested public or private sources, and
526	individuals to support the creation and establishment of these
527	problem-solving court programs. Participation in the treatment-
528	based drug court programs does not divest any public or private
529	agency of its responsibility for a child or adult, but enables
530	allows these agencies to better meet their needs through shared
531	responsibility and resources.
532	(2)  The treatment-based drug court programs shall include
533	therapeutic jurisprudence principles and adhere to the following
534	10 key components, recognized by the Drug Courts Program Office
535	of the Office of Justice Programs of the United States
536	Department of Justice and adopted by the Florida Supreme Court
537	Treatment-Based Drug Court Steering Committee:
538	(a)  Drug court programs integrate alcohol and other drug
539	treatment services with justice system case processing.
540	(b)  Using a nonadversarial approach, prosecution and
541	defense counsel promote public safety while protecting
542	participants' due process rights.
543	(c)  Eligible participants are identified early and
544	promptly placed in the drug court program.
545	(d)  Drug court programs provide access to a continuum of
546	alcohol, drug, and other related treatment and rehabilitation
547	services.
548	(e)  Abstinence is monitored by frequent testing for
549	alcohol and other drugs.
550	(f)  A coordinated strategy governs drug court program
551	responses to participants' compliance.
552	(g)  Ongoing judicial interaction with each drug court
553	program participant is essential.
554	(h)  Monitoring and evaluation measure the achievement of
555	program goals and gauge program effectiveness.
556	(i)  Continuing interdisciplinary education promotes
557	effective drug court program planning, implementation, and
558	operations.
559	(j)  Forging partnerships among drug court programs, public
560	agencies, and community-based organizations generates local
561	support and enhances drug court program effectiveness.
562	(3)  Treatment-based drug court programs may include
563	pretrial intervention programs as provided in ss. 948.08,
564	948.16, and 985.306, postadjudicatory programs, and the
565	monitoring of sentenced offenders through a treatment-based drug
566	court program. Supervision may also be provided for offenders
567	who transfer from jail or a prison-based treatment program into
568	the community. While enrolled in any pretrial intervention
569	program, the participant is subject to a coordinated strategy
570	developed by the drug court team under paragraph (2)(f). Each
571	coordinated strategy must include a protocol of sanctions that
572	may be imposed upon the participant. The protocol of sanctions
573	must include as available options placement in a secure licensed
574	clinical or jail-based treatment program or serving a period of
575	incarceration for noncompliance with program rules within the
576	limits established for contempt of court. The coordinated
577	strategy must be provided in writing to the participant at the
578	time the participant enters into a pretrial drug court program.
579	(4)  Contingent upon an annual appropriation by the
580	Legislature, each judicial circuit shall establish, at a
581	minimum, one coordinator position for the treatment-based drug
582	court program within the state courts system to coordinate the
583	responsibilities of the participating agencies and service
584	providers. Each coordinator shall provide direct support to the
585	treatment-based drug court program by providing coordination
586	between the multidisciplinary team and the judiciary, providing
587	case management, monitoring compliance of the participants in
588	the treatment-based drug court program with court requirements,
589	and providing program evaluation and accountability.
590	(5)(4)(a)  The Florida Association of Drug Court Program
591	Professionals is created. The membership of the association may
592	consist of treatment-based drug court program practitioners who
593	comprise the multidisciplinary treatment-based drug court
594	program team, including, but not limited to, judges, state
595	attorneys, defense counsel, drug court program coordinators,
596	probation officers, law enforcement officers, community
597	representatives, members of the academic community, and
598	treatment professionals. Membership in the association shall be
599	voluntary.
600	(b)  The association shall annually elect a chair whose
601	duty is to solicit recommendations from members on issues
602	relating to the expansion, operation, and institutionalization
603	of treatment-based drug court programs. The chair is responsible
604	for providing on or before October 1 of each year the
605	association's recommendations and an annual report to the
606	appropriate Supreme Court Treatment-Based Drug Court Steering
607	committee or to the appropriate personnel of the Office of the
608	State Courts Administrator, and shall submit a report each year,
609	on or before October 1, to the steering committee.
610	(6)(5)  If a county chooses to fund a treatment-based drug
611	court program, the county must secure funding from sources other
612	than the state for those costs not otherwise assumed by the
613	state pursuant to s. 29.004. However, this does not preclude
614	counties from using treatment and other service dollars provided
615	through state executive branch agencies. Counties may provide,
616	by interlocal agreement, for the collective funding of these
617	programs.
618	(7)  The chief judge of each judicial circuit may appoint
619	an advisory committee for the treatment-based drug court
620	program. The committee shall be composed of the chief judge, or
621	his or her designee, who shall serve as chair; the judge of the
622	treatment-based drug court program, if not otherwise designated
623	by the chief judge as his or her designee; the state attorney,
624	or his or her designee; the public defender, or his or her
625	designee; the treatment-based drug court program coordinators;
626	community representatives; treatment representatives; and any
627	other persons the chair finds are appropriate.
628	Section 8.  Paragraphs (b) and (e) of subsection (5) of
629	section 910.035, Florida Statutes, are amended to read:
630	910.035  Transfer from county for plea and sentence.--
631	(5)  Any person eligible for participation in a drug court
632	treatment program pursuant to s. 948.08(6) may be eligible to
633	have the case transferred to a county other than that in which
634	the charge arose if the drug court program agrees and if the
635	following conditions are met:
636	(b)  If approval for transfer is received from all parties,
637	the trial court shall accept a plea of nolo contendere and enter
638	a transfer order directing the clerk to transfer the case to the
639	county which has accepted the defendant into its drug court
640	program.
641	(e)  Upon successful completion of the drug court program,
642	the jurisdiction to which the case has been transferred shall
643	dispose of the case pursuant to s. 948.08(6). If the defendant
644	does not complete the drug court program successfully, the
645	jurisdiction to which the case has been transferred shall
646	dispose of the case within the guidelines of the Criminal
647	Punishment Code case shall be prosecuted as determined by the
648	state attorneys of the sending and receiving counties.
649	Section 9.  Subsections (6), (7), and (8) of section
650	948.08, Florida Statutes, are amended to read:
651	948.08  Pretrial intervention program.--
652	(6)(a)  Notwithstanding any provision of this section, a
653	person who is charged with a felony of the second or third
654	degree for purchase or possession of a controlled substance
655	under chapter 893, prostitution, tampering with evidence,
656	solicitation for purchase of a controlled substance, or
657	obtaining a prescription by fraud; who has not been charged with
658	a crime involving violence, including, but not limited to,
659	murder, sexual battery, robbery, carjacking, home-invasion
660	robbery, or any other crime involving violence; and who has not
661	previously been convicted of a felony nor been admitted to a
662	felony pretrial program referred to in this section is eligible
663	for admission into a pretrial substance abuse education and
664	treatment intervention program approved by the chief judge of
665	the circuit, for a period of not less than 1 year in duration,
666	upon motion of either party or the court's own motion, except:
667	1.  If a defendant was previously offered admission to a
668	pretrial substance abuse education and treatment intervention
669	program at any time prior to trial and the defendant rejected
670	that offer on the record, then the court or the state attorney
671	may deny the defendant's admission to such a program.
672	2.  If the state attorney believes that the facts and
673	circumstances of the case suggest the defendant's involvement in
674	the dealing and selling of controlled substances, the court
675	shall hold a preadmission hearing. If the state attorney
676	establishes, by a preponderance of the evidence at such hearing,
677	that the defendant was involved in the dealing or selling of
678	controlled substances, the court shall deny the defendant's
679	admission into a pretrial intervention program.
680	(b)  While enrolled in a pretrial intervention program
681	authorized by this section, the participant is subject to a
682	coordinated strategy developed by a drug court team under s.
683	397.334(2). The coordinated strategy must include a protocol of
684	sanctions that may be imposed upon the participant. The protocol
685	of sanctions must include as available options placement in a
686	secure licensed clinical or jail-based treatment program or
687	serving a period of incarceration for noncompliance with program
688	rules within the limits established for contempt of court. The
689	coordinated strategy must be provided in writing to the
690	participant at the time the participant enters into a pretrial
691	drug court program.
692	(c)(b)  At the end of the pretrial intervention period, the
693	court shall consider the recommendation of the administrator
694	pursuant to subsection (5) and the recommendation of the state
695	attorney as to disposition of the pending charges. The court
696	shall determine, by written finding, whether the defendant has
697	successfully completed the pretrial intervention program.
698	(c)1.  If the court finds that the defendant has not
699	successfully completed the pretrial intervention program, the
700	court may order the person to continue in education and
701	treatment, which may include secure licensed clinical or jail-
702	based treatment programs, or order that the charges revert to
703	normal channels for prosecution.
704	2.  The court shall dismiss the charges upon a finding that
705	the defendant has successfully completed the pretrial
706	intervention program.
707	(d)  Any entity, whether public or private, providing a
708	pretrial substance abuse education and treatment intervention
709	program under this subsection must contract with the county or
710	appropriate governmental entity, and the terms of the contract
711	must include, but need not be limited to, the requirements
712	established for private entities under s. 948.15(3).
713	(7)  The chief judge in each circuit may appoint an
714	advisory committee for the pretrial intervention program
715	composed of the chief judge or his or her designee, who shall
716	serve as chair; the state attorney, the public defender, and the
717	program administrator, or their designees; and such other
718	persons as the chair deems appropriate. The advisory committee
719	may not designate any defendant eligible for a pretrial
720	intervention program for any offense that is not listed under
721	paragraph (6)(a) without the state attorney's recommendation and
722	approval. The committee may also include persons representing
723	any other agencies to which persons released to the pretrial
724	intervention program may be referred.
725	(7)(8)  The department may contract for the services and
726	facilities necessary to operate pretrial intervention programs.
727	Section 10.  Section 948.16, Florida Statutes, is amended
728	to read:
729	948.16  Misdemeanor pretrial substance abuse education and
730	treatment intervention program.--
731	(1)(a)  A person who is charged with a misdemeanor for
732	possession of a controlled substance or drug paraphernalia under
733	chapter 893, and who has not previously been convicted of a
734	felony nor been admitted to a pretrial program, is eligible for
735	admission into a misdemeanor pretrial substance abuse education
736	and treatment intervention program approved by the chief judge
737	of the circuit, for a period based on the program requirements
738	and the treatment plan for the offender, upon motion of either
739	party or the court's own motion, except, if the state attorney
740	believes the facts and circumstances of the case suggest the
741	defendant is involved in dealing and selling controlled
742	substances, the court shall hold a preadmission hearing. If the
743	state attorney establishes, by a preponderance of the evidence
744	at such hearing, that the defendant was involved in dealing or
745	selling controlled substances, the court shall deny the
746	defendant's admission into the pretrial intervention program.
747	(b)  While enrolled in a pretrial intervention program
748	authorized by this section, the participant is subject to a
749	coordinated strategy developed by a drug court team under s.
750	397.334(2). The coordinated strategy must include a protocol of
751	sanctions that may be imposed upon the participant. The protocol
752	of sanctions must include as available options placement in a
753	secure licensed clinical or jail-based treatment program or
754	serving a period of incarceration for noncompliance with program
755	rules within the limits established for contempt of court. The
756	coordinated strategy must be provided in writing to the
757	participant at the time the participant enters into a pretrial
758	drug court program.
759	(2)  At the end of the pretrial intervention period, the
760	court shall consider the recommendation of the treatment program
761	and the recommendation of the state attorney as to disposition
762	of the pending charges. The court shall determine, by written
763	finding, whether the defendant successfully completed the
764	pretrial intervention program.
765	(a)  If the court finds that the defendant has not
766	successfully completed the pretrial intervention program, the
767	court may order the person to continue in education and
768	treatment or return the charges to the criminal docket for
769	prosecution.
770	(b)  The court shall dismiss the charges upon finding that
771	the defendant has successfully completed the pretrial
772	intervention program.
773	(3)  Any public or private entity providing a pretrial
774	substance abuse education and treatment program under this
775	section shall contract with the county or appropriate
776	governmental entity. The terms of the contract shall include,
777	but not be limited to, the requirements established for private
778	entities under s. 948.15(3).
779	Section 11.  Section 985.306, Florida Statutes, is amended
780	to read:
781	985.306  Delinquency pretrial intervention program.--
782	(1)(a)  Notwithstanding any provision of law to the
783	contrary, a child who is charged under chapter 893 with a felony
784	of the second or third degree for purchase or possession of a
785	controlled substance under chapter 893; tampering with evidence;
786	solicitation for purchase of a controlled substance; or
787	obtaining a prescription by fraud, and who has not previously
788	been adjudicated for a felony nor been admitted to a delinquency
789	pretrial intervention program under this section, is eligible
790	for admission into a delinquency pretrial substance abuse
791	education and treatment intervention program approved by the
792	chief judge or alternative sanctions coordinator of the circuit
793	to the extent that funded programs are available, for a period
794	based on the program requirements and the treatment services
795	that are suitable for the offender of not less than 1 year in
796	duration, upon motion of either party or the court's own motion.
797	If the state attorney believes that the facts and circumstances
798	of the case suggest the child's involvement in the dealing and
799	selling of controlled substances, the court shall hold a
800	preadmission hearing. If the state attorney establishes by a
801	preponderance of the evidence at such hearing that the child was
802	involved in the dealing and selling of controlled substances,
803	the court shall deny the child's admission into a delinquency
804	pretrial intervention program.
805	(2)  While enrolled in a delinquency pretrial intervention
806	program authorized by this section, a child is subject to a
807	coordinated strategy developed by a drug court team under s.
808	397.334(2). The coordinated strategy must include a protocol of
809	sanctions that may be imposed upon the child. The protocol of
810	sanctions must include as available options placement in a
811	secure licensed clinical facility or placement in a secure
812	detention facility under s. 985.216 for noncompliance with
813	program rules. The coordinated strategy must be provided in
814	writing to the child at the time the child enters the pretrial
815	drug court program.
816	(3)(b)  At the end of the delinquency pretrial intervention
817	period, the court shall consider the recommendation of the state
818	attorney and the program administrator as to disposition of the
819	pending charges. The court shall determine, by written finding,
820	whether the child has successfully completed the delinquency
821	pretrial intervention program.
822	(c)1.  If the court finds that the child has not
823	successfully completed the delinquency pretrial intervention
824	program, the court may order the child to continue in an
825	education, treatment, or urine monitoring program if resources
826	and funding are available or order that the charges revert to
827	normal channels for prosecution.
828	2.  The court may dismiss the charges upon a finding that
829	the child has successfully completed the delinquency pretrial
830	intervention program.
831	(4)(d)  Any entity, whether public or private, providing
832	pretrial substance abuse education, treatment intervention, and
833	a urine monitoring program under this section must contract with
834	the county or appropriate governmental entity, and the terms of
835	the contract must include, but need not be limited to, the
836	requirements established for private entities under s.
837	948.15(3). It is the intent of the Legislature that public or
838	private entities providing substance abuse education and
839	treatment intervention programs involve the active participation
840	of parents, schools, churches, businesses, law enforcement
841	agencies, and the department or its contract providers.
842	(2)  The chief judge in each circuit may appoint an
843	advisory committee for the delinquency pretrial intervention
844	program composed of the chief judge or designee, who shall serve
845	as chair; the state attorney, the public defender, and the
846	program administrator, or their designees; and such other
847	persons as the chair deems appropriate. The committee may also
848	include persons representing any other agencies to which
849	children released to the delinquency pretrial intervention
850	program may be referred.
851	Section 12.  This act shall take effect upon becoming a
852	law.

CODING: Words stricken are deletions; words underlined are additions.