HB 0177

CS

CHAMBER ACTION

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

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