HB 0177CS

CHAMBER ACTION



1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to drug court programs; amending s.
739.001, F.S.; providing additional legislative purposes
8and intent with respect to the treatment of substance
9abuse, including the use of the drug court program model;
10authorizing the court to require certain persons to
11undergo treatment following adjudication; amending s.
1239.407, F.S.; authorizing the court to order specified
13persons to submit to a substance abuse assessment upon a
14showing of good cause in connection with a shelter
15petition or petition for dependency; amending ss. 39.507
16and 39.521, F.S.; authorizing the court to order specified
17persons to submit to a substance abuse assessment as part
18of an adjudicatory order or pursuant to a disposition
19hearing; requiring a showing of good cause; authorizing
20the court to require participation in a treatment-based
21drug court program; authorizing the court to impose
22sanctions for noncompliance; amending s. 39.701, F.S.;
23authorizing the court to extend the time for completing a
24case plan during judicial review, based upon participation
25in a treatment-based drug court program; amending s.
26397.334, F.S.; revising legislative intent with respect to
27treatment-based drug court programs to reflect
28participation by community support agencies, the
29Department of Education, and other individuals; including
30postadjudicatory programs as part of treatment-based drug
31court programs; providing requirements and sanctions,
32including clinical placement or incarceration, for the
33coordinated strategy developed by the drug court team to
34encourage participant compliance; requiring each judicial
35circuit to establish a position for a coordinator of the
36treatment-based drug court program, subject to annual
37appropriation by the Legislature; authorizing the chief
38judge of each judicial circuit to appoint an advisory
39committee for the treatment-based drug court program;
40providing for membership of the committee; revising
41language with respect to an annual report; amending s.
42910.035, F.S.; revising language with respect to
43conditions for the transfer of a case in the drug court
44treatment program to a county other than that in which the
45charge arose; amending ss. 948.08, 948.16, and 985.306,
46F.S., relating to felony, misdemeanor, and delinquency
47pretrial substance abuse education and treatment
48intervention programs; providing requirements and
49sanctions, including clinical placement or incarceration,
50for the coordinated strategy developed by the drug court
51team to encourage participant compliance and removing
52provisions authorizing appointment of an advisory
53committee, to conform to changes made by the act;
54providing an effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Subsection (4) of section 39.001, Florida
59Statutes, is amended to read:
60     39.001  Purposes and intent; personnel standards and
61screening.--
62     (4)  SUBSTANCE ABUSE SERVICES.--
63     (a)  The Legislature recognizes that early referral and
64comprehensive treatment can help combat substance abuse in
65families and that treatment is cost effective.
66     (b)  The Legislature establishes the following goals for
67the state related to substance abuse treatment services in the
68dependency process:
69     1.  To ensure the safety of children.
70     2.  To prevent and remediate the consequences of substance
71abuse on families involved in protective supervision or foster
72care and reduce substance abuse, including alcohol abuse, for
73families who are at risk of being involved in protective
74supervision or foster care.
75     3.  To expedite permanency for children and reunify
76healthy, intact families, when appropriate.
77     4.  To support families in recovery.
78     (c)  The Legislature finds that children in the care of the
79state's dependency system need appropriate health care services,
80that the impact of substance abuse on health indicates the need
81for health care services to include substance abuse services to
82children and parents where appropriate, and that it is in the
83state's best interest that such children be provided the
84services they need to enable them to become and remain
85independent of state care. In order to provide these services,
86the state's dependency system must have the ability to identify
87and provide appropriate intervention and treatment for children
88with personal or family-related substance abuse problems.
89     (d)  It is the intent of the Legislature to encourage the
90use of the drug court program model established by s. 397.334
91and authorize courts to assess parents and children where good
92cause is shown to identify and address substance abuse problems
93as the court deems appropriate at every stage of the dependency
94process. Participation in treatment, including a treatment-based
95drug court program, may be required by the court following
96adjudication. Participation in assessment and treatment prior to
97adjudication shall be voluntary, except as provided in s.
9839.407(15).
99     (e)  It is therefore the purpose of the Legislature to
100provide authority for the state to contract with community
101substance abuse treatment providers for the development and
102operation of specialized support and overlay services for the
103dependency system, which will be fully implemented and used
104utilized as resources permit.
105     (f)  Participation in the treatment-based drug court
106program does not divest any public or private agency of its
107responsibility for a child or adult, but is intended to enable
108these agencies to better meet their needs through shared
109responsibility and resources.
110     Section 2.  Subsection (14) of section 39.407, Florida
111Statutes, is amended, and subsection (15) is added to said
112section, to read:
113     39.407  Medical, psychiatric, and psychological examination
114and treatment of child; physical, or mental, or substance abuse
115examination of parent or person with or requesting child custody
116of child.--
117     (14)  At any time after the filing of a shelter petition or
118petition for dependency, when the mental or physical condition,
119including the blood group, of a parent, caregiver, legal
120custodian, or other person who has custody or is requesting
121custody of a child is in controversy, the court may order the
122person to submit to a physical or mental examination by a
123qualified professional. The order may be made only upon good
124cause shown and pursuant to notice and procedures as set forth
125by the Florida Rules of Juvenile Procedure.
126     (15)  At any time after a shelter petition or petition for
127dependency is filed, the court may order a child or a person who
128has custody or is requesting custody of the child to submit to a
129substance abuse assessment and evaluation. The assessment or
130evaluation must be administered by a qualified professional, as
131defined in s. 397.311. The order may be made only upon good
132cause shown. This subsection shall not be construed to authorize
133placement of a child with a person seeking custody, other than
134the parent or legal custodian, who requires substance abuse
135treatment.
136     Section 3.  Subsection (9) is added to section 39.507,
137Florida Statutes, to read:
138     39.507  Adjudicatory hearings; orders of adjudication.--
139     (9)  After an adjudication of dependency, or a finding of
140dependency where adjudication is withheld, the court may order a
141child or a person who has custody or is requesting custody of
142the child to submit to a substance abuse assessment or
143evaluation. The assessment or evaluation must be administered by
144a qualified professional, as defined in s. 397.311. The court
145may also require such person to participate in and comply with
146treatment and services identified as necessary, including, when
147appropriate and available, participation in and compliance with
148a treatment-based drug court program established under s.
149397.334. In addition to supervision by the department, the
150court, including the treatment-based drug court program, may
151oversee the progress and compliance with treatment by the child
152or a person who has custody or is requesting custody of the
153child. The court may impose appropriate available sanctions for
154noncompliance upon the child or a person who has custody or is
155requesting custody of the child or make a finding of
156noncompliance for consideration in determining whether an
157alternative placement of the child is in the child's best
158interests. Any order entered under this subsection may be made
159only upon good cause shown. This subsection shall not be
160construed to authorize placement of a child with a person
161seeking custody, other than the parent or legal custodian, who
162requires substance abuse treatment.
163     Section 4.  Paragraph (b) of subsection (1) of section
16439.521, Florida Statutes, is amended to read:
165     39.521  Disposition hearings; powers of disposition.--
166     (1)  A disposition hearing shall be conducted by the court,
167if the court finds that the facts alleged in the petition for
168dependency were proven in the adjudicatory hearing, or if the
169parents or legal custodians have consented to the finding of
170dependency or admitted the allegations in the petition, have
171failed to appear for the arraignment hearing after proper
172notice, or have not been located despite a diligent search
173having been conducted.
174     (b)  When any child is adjudicated by a court to be
175dependent, the court having jurisdiction of the child has the
176power by order to:
177     1.  Require the parent and, when appropriate, the legal
178custodian and the child, to participate in treatment and
179services identified as necessary. The court may require the
180child or the person who has custody or who is requesting custody
181of the child to submit to a substance abuse assessment or
182evaluation. The assessment or evaluation must be administered by
183a qualified professional, as defined in s. 397.311. The court
184may also require such person to participate in and comply with
185treatment and services identified as necessary, including, when
186appropriate and available, participation in and compliance with
187a treatment-based drug court program established under s.
188397.334. In addition to supervision by the department, the
189court, including the treatment-based drug court program, may
190oversee the progress and compliance with treatment by the child
191or a person who has custody or is requesting custody of the
192child. The court may impose appropriate available sanctions for
193noncompliance upon the child or a person who has custody or is
194requesting custody of the child or make a finding of
195noncompliance for consideration in determining whether an
196alternative placement of the child is in the child's best
197interests. Any order entered under this subparagraph may be made
198only upon good cause shown. This subparagraph shall not be
199construed to authorize placement of a child with a person
200seeking custody, other than the parent or legal custodian, who
201requires substance abuse treatment.
202     2.  Require, if the court deems necessary, the parties to
203participate in dependency mediation.
204     3.  Require placement of the child either under the
205protective supervision of an authorized agent of the department
206in the home of one or both of the child's parents or in the home
207of a relative of the child or another adult approved by the
208court, or in the custody of the department. Protective
209supervision continues until the court terminates it or until the
210child reaches the age of 18, whichever date is first. Protective
211supervision shall be terminated by the court whenever the court
212determines that permanency has been achieved for the child,
213whether with a parent, another relative, or a legal custodian,
214and that protective supervision is no longer needed. The
215termination of supervision may be with or without retaining
216jurisdiction, at the court's discretion, and shall in either
217case be considered a permanency option for the child. The order
218terminating supervision by the department shall set forth the
219powers of the custodian of the child and shall include the
220powers ordinarily granted to a guardian of the person of a minor
221unless otherwise specified. Upon the court's termination of
222supervision by the department, no further judicial reviews are
223required, so long as permanency has been established for the
224child.
225     Section 5.  Paragraph (d) of subsection (9) of section
22639.701, Florida Statutes, is amended to read:
227     39.701  Judicial review.--
228     (9)
229     (d)  The court may extend the time limitation of the case
230plan, or may modify the terms of the plan, which, in addition to
231other modifications, may include a requirement that the parent
232or legal custodian participate in a treatment-based drug court
233program established under s. 397.334 based upon information
234provided by the social service agency, and the guardian ad
235litem, if one has been appointed, the parent or parents, and the
236foster parents or legal custodian, and any other competent
237information on record demonstrating the need for the amendment.
238If the court extends the time limitation of the case plan, the
239court must make specific findings concerning the frequency of
240past parent-child visitation, if any, and the court may
241authorize the expansion or restriction of future visitation.
242Modifications to the plan must be handled as prescribed in s.
24339.601. Any extension of a case plan must comply with the time
244requirements and other requirements specified by this chapter.
245     Section 6.  Section 397.334, Florida Statutes, is amended
246to read:
247     397.334  Treatment-based drug court programs.--
248     (1)  Each county may fund a treatment-based drug court
249program under which persons in the justice system assessed with
250a substance abuse problem will be processed in such a manner as
251to appropriately address the severity of the identified
252substance abuse problem through treatment services plans
253tailored to the individual needs of the participant. It is the
254intent of the Legislature to encourage the Department of
255Corrections, the Department of Children and Family Services, the
256Department of Juvenile Justice, the Department of Health, the
257Department of Law Enforcement, the Department of Education, and
258such other agencies, local governments, law enforcement
259agencies, and other interested public or private sources, and
260individuals to support the creation and establishment of these
261problem-solving court programs. Participation in the treatment-
262based drug court programs does not divest any public or private
263agency of its responsibility for a child or adult, but enables
264allows these agencies to better meet their needs through shared
265responsibility and resources.
266     (2)  Entry into any pretrial treatment-based drug court
267program shall be voluntary. The court may only order an
268individual to enter into a pretrial treatment-based drug court
269program upon written agreement by the individual, which shall
270include a statement that the individual understands the
271requirements of the program and the potential sanctions for
272noncompliance.
273     (3)(2)  The treatment-based drug court programs shall
274include therapeutic jurisprudence principles and adhere to the
275following 10 key components, recognized by the Drug Courts
276Program Office of the Office of Justice Programs of the United
277States Department of Justice and adopted by the Florida Supreme
278Court Treatment-Based Drug Court Steering Committee:
279     (a)  Drug court programs integrate alcohol and other drug
280treatment services with justice system case processing.
281     (b)  Using a nonadversarial approach, prosecution and
282defense counsel promote public safety while protecting
283participants' due process rights.
284     (c)  Eligible participants are identified early and
285promptly placed in the drug court program.
286     (d)  Drug court programs provide access to a continuum of
287alcohol, drug, and other related treatment and rehabilitation
288services.
289     (e)  Abstinence is monitored by frequent testing for
290alcohol and other drugs.
291     (f)  A coordinated strategy governs drug court program
292responses to participants' compliance.
293     (g)  Ongoing judicial interaction with each drug court
294program participant is essential.
295     (h)  Monitoring and evaluation measure the achievement of
296program goals and gauge program effectiveness.
297     (i)  Continuing interdisciplinary education promotes
298effective drug court program planning, implementation, and
299operations.
300     (j)  Forging partnerships among drug court programs, public
301agencies, and community-based organizations generates local
302support and enhances drug court program effectiveness.
303     (4)(3)  Treatment-based drug court programs may include
304pretrial intervention programs as provided in ss. 948.08,
305948.16, and 985.306, treatment-based drug court programs
306authorized in chapter 39, postadjudicatory programs, and the
307monitoring of sentenced offenders through a treatment-based drug
308court program. While enrolled in any treatment-based drug court
309program, the participant is subject to a coordinated strategy
310developed by the drug court team under paragraph (3)(f). Each
311coordinated strategy must include a protocol of sanctions that
312may be imposed upon the participant. The protocol of sanctions
313must include as available options placement in a secure licensed
314clinical or jail-based treatment program or serving a period of
315incarceration for noncompliance with program rules within the
316time limits established for contempt of court. The coordinated
317strategy must be provided in writing to the participant before
318the participant agrees to enter into a pretrial treatment-based
319drug court program.
320     (5)  Contingent upon an annual appropriation by the
321Legislature, each judicial circuit shall establish, at a
322minimum, one coordinator position for the treatment-based drug
323court program within the state courts system to coordinate the
324responsibilities of the participating agencies and service
325providers. Each coordinator shall provide direct support to the
326treatment-based drug court program by providing coordination
327between the multidisciplinary team and the judiciary, providing
328case management, monitoring compliance of the participants in
329the treatment-based drug court program with court requirements,
330and providing program evaluation and accountability.
331     (6)(4)(a)  The Florida Association of Drug Court Program
332Professionals is created. The membership of the association may
333consist of treatment-based drug court program practitioners who
334comprise the multidisciplinary treatment-based drug court
335program team, including, but not limited to, judges, state
336attorneys, defense counsel, drug court program coordinators,
337probation officers, law enforcement officers, community
338representatives, members of the academic community, and
339treatment professionals. Membership in the association shall be
340voluntary.
341     (b)  The association shall annually elect a chair whose
342duty is to solicit recommendations from members on issues
343relating to the expansion, operation, and institutionalization
344of treatment-based drug court programs. The chair is responsible
345for providing on or before October 1 of each year the
346association's recommendations and an annual report to the
347appropriate Supreme Court Treatment-Based Drug Court Steering
348committee or to the appropriate personnel of the Office of the
349State Courts Administrator, and shall submit a report each year,
350on or before October 1, to the steering committee.
351     (7)(5)  If a county chooses to fund a treatment-based drug
352court program, the county must secure funding from sources other
353than the state for those costs not otherwise assumed by the
354state pursuant to s. 29.004. However, this does not preclude
355counties from using treatment and other service dollars provided
356through state executive branch agencies. Counties may provide,
357by interlocal agreement, for the collective funding of these
358programs.
359     (8)  The chief judge of each judicial circuit may appoint
360an advisory committee for the treatment-based drug court
361program. The committee shall be composed of the chief judge, or
362his or her designee, who shall serve as chair; the judge of the
363treatment-based drug court program, if not otherwise designated
364by the chief judge as his or her designee; the state attorney,
365or his or her designee; the public defender, or his or her
366designee; the treatment-based drug court program coordinators;
367community representatives; treatment representatives; and any
368other persons the chair finds are appropriate.
369     Section 7.  Paragraphs (b) and (e) of subsection (5) of
370section 910.035, Florida Statutes, are amended to read:
371     910.035  Transfer from county for plea and sentence.--
372     (5)  Any person eligible for participation in a drug court
373treatment program pursuant to s. 948.08(6) may be eligible to
374have the case transferred to a county other than that in which
375the charge arose if the drug court program agrees and if the
376following conditions are met:
377     (b)  If approval for transfer is received from all parties,
378the trial court shall accept a plea of nolo contendere and enter
379a transfer order directing the clerk to transfer the case to the
380county which has accepted the defendant into its drug court
381program.
382     (e)  Upon successful completion of the drug court program,
383the jurisdiction to which the case has been transferred shall
384dispose of the case pursuant to s. 948.08(6). If the defendant
385does not complete the drug court program successfully, the
386jurisdiction to which the case has been transferred shall
387dispose of the case within the guidelines of the Criminal
388Punishment Code case shall be prosecuted as determined by the
389state attorneys of the sending and receiving counties.
390     Section 8.  Subsections (6), (7), and (8) of section
391948.08, Florida Statutes, are amended to read:
392     948.08  Pretrial intervention program.--
393     (6)(a)  Notwithstanding any provision of this section, a
394person who is charged with a felony of the second or third
395degree for purchase or possession of a controlled substance
396under chapter 893, prostitution, tampering with evidence,
397solicitation for purchase of a controlled substance, or
398obtaining a prescription by fraud; who has not been charged with
399a crime involving violence, including, but not limited to,
400murder, sexual battery, robbery, carjacking, home-invasion
401robbery, or any other crime involving violence; and who has not
402previously been convicted of a felony nor been admitted to a
403felony pretrial program referred to in this section is eligible
404for voluntary admission into a pretrial substance abuse
405education and treatment intervention program, including a
406treatment-based drug court program established pursuant to s.
407397.334, approved by the chief judge of the circuit, for a
408period of not less than 1 year in duration, upon motion of
409either party or the court's own motion, except:
410     1.  If a defendant was previously offered admission to a
411pretrial substance abuse education and treatment intervention
412program at any time prior to trial and the defendant rejected
413that offer on the record, then the court or the state attorney
414may deny the defendant's admission to such a program.
415     2.  If the state attorney believes that the facts and
416circumstances of the case suggest the defendant's involvement in
417the dealing and selling of controlled substances, the court
418shall hold a preadmission hearing. If the state attorney
419establishes, by a preponderance of the evidence at such hearing,
420that the defendant was involved in the dealing or selling of
421controlled substances, the court shall deny the defendant's
422admission into a pretrial intervention program.
423     (b)  While enrolled in a pretrial intervention program
424authorized by this section, the participant is subject to a
425coordinated strategy developed by a drug court team under s.
426397.334(3). The coordinated strategy must include a protocol of
427sanctions that may be imposed upon the participant. The protocol
428of sanctions must include as available options placement in a
429secure licensed clinical or jail-based treatment program or
430serving a period of incarceration for noncompliance with program
431rules within the time limits established for contempt of court.
432The coordinated strategy must be provided in writing to the
433participant before the participant agrees to enter into a
434pretrial treatment-based drug court program, or other pretrial
435intervention program.
436     (c)(b)  At the end of the pretrial intervention period, the
437court shall consider the recommendation of the administrator
438pursuant to subsection (5) and the recommendation of the state
439attorney as to disposition of the pending charges. The court
440shall determine, by written finding, whether the defendant has
441successfully completed the pretrial intervention program.
442     (c)1.  If the court finds that the defendant has not
443successfully completed the pretrial intervention program, the
444court may order the person to continue in education and
445treatment, which may include secure licensed clinical or jail-
446based treatment programs, or order that the charges revert to
447normal channels for prosecution.
448     2.  The court shall dismiss the charges upon a finding that
449the defendant has successfully completed the pretrial
450intervention program.
451     (d)  Any entity, whether public or private, providing a
452pretrial substance abuse education and treatment intervention
453program under this subsection must contract with the county or
454appropriate governmental entity, and the terms of the contract
455must include, but need not be limited to, the requirements
456established for private entities under s. 948.15(3).
457     (7)  The chief judge in each circuit may appoint an
458advisory committee for the pretrial intervention program
459composed of the chief judge or his or her designee, who shall
460serve as chair; the state attorney, the public defender, and the
461program administrator, or their designees; and such other
462persons as the chair deems appropriate. The advisory committee
463may not designate any defendant eligible for a pretrial
464intervention program for any offense that is not listed under
465paragraph (6)(a) without the state attorney's recommendation and
466approval. The committee may also include persons representing
467any other agencies to which persons released to the pretrial
468intervention program may be referred.
469     (7)(8)  The department may contract for the services and
470facilities necessary to operate pretrial intervention programs.
471     Section 9.  Section 948.16, Florida Statutes, is amended to
472read:
473     948.16  Misdemeanor pretrial substance abuse education and
474treatment intervention program.--
475     (1)(a)  A person who is charged with a misdemeanor for
476possession of a controlled substance or drug paraphernalia under
477chapter 893, and who has not previously been convicted of a
478felony nor been admitted to a pretrial program, is eligible for
479voluntary admission into a misdemeanor pretrial substance abuse
480education and treatment intervention program, including a
481treatment-based drug court program established pursuant to s.
482397.334, approved by the chief judge of the circuit, for a
483period based on the program requirements and the treatment plan
484for the offender, upon motion of either party or the court's own
485motion, except, if the state attorney believes the facts and
486circumstances of the case suggest the defendant is involved in
487dealing and selling controlled substances, the court shall hold
488a preadmission hearing. If the state attorney establishes, by a
489preponderance of the evidence at such hearing, that the
490defendant was involved in dealing or selling controlled
491substances, the court shall deny the defendant's admission into
492the pretrial intervention program.
493     (b)  While enrolled in a pretrial intervention program
494authorized by this section, the participant is subject to a
495coordinated strategy developed by a drug court team under s.
496397.334(3). The coordinated strategy must include a protocol of
497sanctions that may be imposed upon the participant. The protocol
498of sanctions must include as available options placement in a
499secure licensed clinical or jail-based treatment program or
500serving a period of incarceration for noncompliance with program
501rules within the time limits established for contempt of court.
502The coordinated strategy must be provided in writing to the
503participant before the participant agrees to enter into a
504pretrial treatment-based drug court program, or other pretrial
505intervention program.
506     (2)  At the end of the pretrial intervention period, the
507court shall consider the recommendation of the treatment program
508and the recommendation of the state attorney as to disposition
509of the pending charges. The court shall determine, by written
510finding, whether the defendant successfully completed the
511pretrial intervention program.
512     (a)  If the court finds that the defendant has not
513successfully completed the pretrial intervention program, the
514court may order the person to continue in education and
515treatment or return the charges to the criminal docket for
516prosecution.
517     (b)  The court shall dismiss the charges upon finding that
518the defendant has successfully completed the pretrial
519intervention program.
520     (3)  Any public or private entity providing a pretrial
521substance abuse education and treatment program under this
522section shall contract with the county or appropriate
523governmental entity. The terms of the contract shall include,
524but not be limited to, the requirements established for private
525entities under s. 948.15(3).
526     Section 10.  Section 985.306, Florida Statutes, is amended
527to read:
528     985.306  Delinquency pretrial intervention program.--
529     (1)(a)  Notwithstanding any provision of law to the
530contrary, a child who is charged under chapter 893 with a felony
531of the second or third degree for purchase or possession of a
532controlled substance under chapter 893; tampering with evidence;
533solicitation for purchase of a controlled substance; or
534obtaining a prescription by fraud, and who has not previously
535been adjudicated for a felony nor been admitted to a delinquency
536pretrial intervention program under this section, is eligible
537for voluntary admission into a delinquency pretrial substance
538abuse education and treatment intervention program, including a
539treatment-based drug court program established pursuant to s.
540397.334, approved by the chief judge or alternative sanctions
541coordinator of the circuit to the extent that funded programs
542are available, for a period based on the program requirements
543and the treatment services that are suitable for the offender of
544not less than 1 year in duration, upon motion of either party or
545the court's own motion. If the state attorney believes that the
546facts and circumstances of the case suggest the child's
547involvement in the dealing and selling of controlled substances,
548the court shall hold a preadmission hearing. If the state
549attorney establishes by a preponderance of the evidence at such
550hearing that the child was involved in the dealing and selling
551of controlled substances, the court shall deny the child's
552admission into a delinquency pretrial intervention program.
553     (2)  While enrolled in a delinquency pretrial intervention
554program authorized by this section, a child is subject to a
555coordinated strategy developed by a drug court team under s.
556397.334(3). The coordinated strategy must include a protocol of
557sanctions that may be imposed upon the child. The protocol of
558sanctions must include as available options placement in a
559secure licensed clinical facility or placement in a secure
560detention facility under s. 985.216 for noncompliance with
561program rules. The coordinated strategy must be provided in
562writing to the child before the child agrees to enter the
563pretrial treatment-based drug court program, or other pretrial
564intervention program.
565     (3)(b)  At the end of the delinquency pretrial intervention
566period, the court shall consider the recommendation of the state
567attorney and the program administrator as to disposition of the
568pending charges. The court shall determine, by written finding,
569whether the child has successfully completed the delinquency
570pretrial intervention program.
571     (c)1.  If the court finds that the child has not
572successfully completed the delinquency pretrial intervention
573program, the court may order the child to continue in an
574education, treatment, or urine monitoring program if resources
575and funding are available or order that the charges revert to
576normal channels for prosecution.
577     2.  The court may dismiss the charges upon a finding that
578the child has successfully completed the delinquency pretrial
579intervention program.
580     (4)(d)  Any entity, whether public or private, providing
581pretrial substance abuse education, treatment intervention, and
582a urine monitoring program under this section must contract with
583the county or appropriate governmental entity, and the terms of
584the contract must include, but need not be limited to, the
585requirements established for private entities under s.
586948.15(3). It is the intent of the Legislature that public or
587private entities providing substance abuse education and
588treatment intervention programs involve the active participation
589of parents, schools, churches, businesses, law enforcement
590agencies, and the department or its contract providers.
591     (2)  The chief judge in each circuit may appoint an
592advisory committee for the delinquency pretrial intervention
593program composed of the chief judge or designee, who shall serve
594as chair; the state attorney, the public defender, and the
595program administrator, or their designees; and such other
596persons as the chair deems appropriate. The committee may also
597include persons representing any other agencies to which
598children released to the delinquency pretrial intervention
599program may be referred.
600     Section 11.  This act shall take effect upon becoming a
601law.


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