HB 0177

CS

CHAMBER ACTION

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

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