1 | A bill to be entitled |
2 | An act relating to drug court programs; amending s. |
3 | 39.001, F.S.; providing additional legislative purposes |
4 | and intent with respect to the treatment of substance |
5 | abuse, including the use of the drug court program model; |
6 | authorizing the court to require certain persons to |
7 | undergo treatment following adjudication; amending s. |
8 | 39.407, F.S.; authorizing the court to order specified |
9 | persons to submit to a substance abuse assessment upon a |
10 | showing of good cause in connection with a shelter |
11 | petition or petition for dependency; amending ss. 39.507 |
12 | and 39.521, F.S.; authorizing the court to order specified |
13 | persons to submit to a substance abuse assessment as part |
14 | of an adjudicatory order or pursuant to a disposition |
15 | hearing; requiring a showing of good cause; authorizing |
16 | the court to require participation in a treatment-based |
17 | drug court program; authorizing the court to impose |
18 | sanctions for noncompliance; amending s. 39.701, F.S.; |
19 | authorizing the court to extend the time for completing a |
20 | case plan during judicial review, based upon participation |
21 | in a treatment-based drug court program; amending s. |
22 | 397.334, F.S.; revising legislative intent with respect to |
23 | treatment-based drug court programs to reflect |
24 | participation by community support agencies, the |
25 | Department of Education, and other individuals; including |
26 | postadjudicatory programs as part of treatment-based drug |
27 | court programs; providing requirements and sanctions, |
28 | including clinical placement or incarceration, for the |
29 | coordinated strategy developed by the drug court team to |
30 | encourage participant compliance; requiring each judicial |
31 | circuit to establish a position for a coordinator of the |
32 | treatment-based drug court program, subject to annual |
33 | appropriation by the Legislature; authorizing the chief |
34 | judge of each judicial circuit to appoint an advisory |
35 | committee for the treatment-based drug court program; |
36 | providing for membership of the committee; revising |
37 | language with respect to an annual report; amending s. |
38 | 910.035, F.S.; revising language with respect to |
39 | conditions for the transfer of a case in the drug court |
40 | treatment program to a county other than that in which the |
41 | charge arose; amending ss. 948.08, 948.16, and 985.306, |
42 | F.S., relating to felony, misdemeanor, and delinquency |
43 | pretrial substance abuse education and treatment |
44 | intervention programs; providing requirements and |
45 | sanctions, including clinical placement or incarceration, |
46 | for the coordinated strategy developed by the drug court |
47 | team to encourage participant compliance and removing |
48 | provisions authorizing appointment of an advisory |
49 | committee, to conform to changes made by the act; |
50 | providing an effective date. |
51 |
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52 | Be It Enacted by the Legislature of the State of Florida: |
53 |
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54 | Section 1. Subsection (4) of section 39.001, Florida |
55 | Statutes, is amended to read: |
56 | 39.001 Purposes and intent; personnel standards and |
57 | screening.-- |
58 | (4) SUBSTANCE ABUSE SERVICES.-- |
59 | (a) The Legislature recognizes that early referral and |
60 | comprehensive treatment can help combat substance abuse in |
61 | families and that treatment is cost effective. |
62 | (b) The Legislature establishes the following goals for |
63 | the state related to substance abuse treatment services in the |
64 | dependency process: |
65 | 1. To ensure the safety of children. |
66 | 2. To prevent and remediate the consequences of substance |
67 | abuse on families involved in protective supervision or foster |
68 | care and reduce substance abuse, including alcohol abuse, for |
69 | families who are at risk of being involved in protective |
70 | supervision or foster care. |
71 | 3. To expedite permanency for children and reunify |
72 | healthy, intact families, when appropriate. |
73 | 4. To support families in recovery. |
74 | (c) The Legislature finds that children in the care of the |
75 | state's dependency system need appropriate health care services, |
76 | that the impact of substance abuse on health indicates the need |
77 | for health care services to include substance abuse services to |
78 | children and parents where appropriate, and that it is in the |
79 | state's best interest that such children be provided the |
80 | services they need to enable them to become and remain |
81 | independent of state care. In order to provide these services, |
82 | the state's dependency system must have the ability to identify |
83 | and provide appropriate intervention and treatment for children |
84 | with personal or family-related substance abuse problems. |
85 | (d) It is the intent of the Legislature to encourage the |
86 | use of the drug court program model established by s. 397.334 |
87 | and authorize courts to assess parents and children where good |
88 | cause is shown to identify and address substance abuse problems |
89 | as the court deems appropriate at every stage of the dependency |
90 | process. Participation in treatment, including a treatment-based |
91 | drug court program, may be required by the court following |
92 | adjudication. Participation in assessment and treatment prior to |
93 | adjudication shall be voluntary, except as provided in s. |
94 | 39.407(15). |
95 | (e) It is therefore the purpose of the Legislature to |
96 | provide authority for the state to contract with community |
97 | substance abuse treatment providers for the development and |
98 | operation of specialized support and overlay services for the |
99 | dependency system, which will be fully implemented and used |
100 | utilized as resources permit. |
101 | (f) Participation in the treatment-based drug court |
102 | program does not divest any public or private agency of its |
103 | responsibility for a child or adult, but is intended to enable |
104 | these agencies to better meet their needs through shared |
105 | responsibility and resources. |
106 | Section 2. Subsection (14) of section 39.407, Florida |
107 | Statutes, is amended, and subsection (15) is added to said |
108 | section, to read: |
109 | 39.407 Medical, psychiatric, and psychological examination |
110 | and treatment of child; physical, or mental, or substance abuse |
111 | examination of parent or person with or requesting child custody |
112 | of child.-- |
113 | (14) At any time after the filing of a shelter petition or |
114 | petition for dependency, when the mental or physical condition, |
115 | including the blood group, of a parent, caregiver, legal |
116 | custodian, or other person who has custody or is requesting |
117 | custody of a child is in controversy, the court may order the |
118 | person to submit to a physical or mental examination by a |
119 | qualified professional. The order may be made only upon good |
120 | cause shown and pursuant to notice and procedures as set forth |
121 | by the Florida Rules of Juvenile Procedure. |
122 | (15) At any time after a shelter petition or petition for |
123 | dependency is filed, the court may order a child or a person who |
124 | has custody or is requesting custody of the child to submit to a |
125 | substance abuse assessment and evaluation. The assessment or |
126 | evaluation must be administered by a qualified professional, as |
127 | defined in s. 397.311. The order may be made only upon good |
128 | cause shown. This subsection shall not be construed to authorize |
129 | placement of a child with a person seeking custody, other than |
130 | the parent or legal custodian, who requires substance abuse |
131 | treatment. |
132 | Section 3. Subsection (9) is added to section 39.507, |
133 | Florida Statutes, to read: |
134 | 39.507 Adjudicatory hearings; orders of adjudication.-- |
135 | (9) After an adjudication of dependency, or a finding of |
136 | dependency where adjudication is withheld, the court may order a |
137 | child or a person who has custody or is requesting custody of |
138 | the child to submit to a substance abuse assessment or |
139 | evaluation. The assessment or evaluation must be administered by |
140 | a qualified professional, as defined in s. 397.311. The court |
141 | may also require such person to participate in and comply with |
142 | treatment and services identified as necessary, including, when |
143 | appropriate and available, participation in and compliance with |
144 | a treatment-based drug court program established under s. |
145 | 397.334. In addition to supervision by the department, the |
146 | court, including the treatment-based drug court program, may |
147 | oversee the progress and compliance with treatment by the child |
148 | or a person who has custody or is requesting custody of the |
149 | child. The court may impose appropriate available sanctions for |
150 | noncompliance upon the child or a person who has custody or is |
151 | requesting custody of the child or make a finding of |
152 | noncompliance for consideration in determining whether an |
153 | alternative placement of the child is in the child's best |
154 | interests. Any order entered under this subsection may be made |
155 | only upon good cause shown. This subsection shall not be |
156 | construed to authorize placement of a child with a person |
157 | seeking custody, other than the parent or legal custodian, who |
158 | requires substance abuse treatment. |
159 | Section 4. Paragraph (b) of subsection (1) of section |
160 | 39.521, Florida Statutes, is amended to read: |
161 | 39.521 Disposition hearings; powers of disposition.-- |
162 | (1) A disposition hearing shall be conducted by the court, |
163 | if the court finds that the facts alleged in the petition for |
164 | dependency were proven in the adjudicatory hearing, or if the |
165 | parents or legal custodians have consented to the finding of |
166 | dependency or admitted the allegations in the petition, have |
167 | failed to appear for the arraignment hearing after proper |
168 | notice, or have not been located despite a diligent search |
169 | having been conducted. |
170 | (b) When any child is adjudicated by a court to be |
171 | dependent, the court having jurisdiction of the child has the |
172 | power by order to: |
173 | 1. Require the parent and, when appropriate, the legal |
174 | custodian and the child, to participate in treatment and |
175 | services identified as necessary. The court may require the |
176 | child or the person who has custody or who is requesting custody |
177 | of the child to submit to a substance abuse assessment or |
178 | evaluation. The assessment or evaluation must be administered by |
179 | a qualified professional, as defined in s. 397.311. The court |
180 | may also require such person to participate in and comply with |
181 | treatment and services identified as necessary, including, when |
182 | appropriate and available, participation in and compliance with |
183 | a treatment-based drug court program established under s. |
184 | 397.334. In addition to supervision by the department, the |
185 | court, including the treatment-based drug court program, may |
186 | oversee the progress and compliance with treatment by the child |
187 | or a person who has custody or is requesting custody of the |
188 | child. The court may impose appropriate available sanctions for |
189 | noncompliance upon the child or a person who has custody or is |
190 | requesting custody of the child or make a finding of |
191 | noncompliance for consideration in determining whether an |
192 | alternative placement of the child is in the child's best |
193 | interests. Any order entered under this subparagraph may be made |
194 | only upon good cause shown. This subparagraph shall not be |
195 | construed to authorize placement of a child with a person |
196 | seeking custody, other than the parent or legal custodian, who |
197 | requires substance abuse treatment. |
198 | 2. Require, if the court deems necessary, the parties to |
199 | participate in dependency mediation. |
200 | 3. Require placement of the child either under the |
201 | protective supervision of an authorized agent of the department |
202 | in the home of one or both of the child's parents or in the home |
203 | of a relative of the child or another adult approved by the |
204 | court, or in the custody of the department. Protective |
205 | supervision continues until the court terminates it or until the |
206 | child reaches the age of 18, whichever date is first. Protective |
207 | supervision shall be terminated by the court whenever the court |
208 | determines that permanency has been achieved for the child, |
209 | whether with a parent, another relative, or a legal custodian, |
210 | and that protective supervision is no longer needed. The |
211 | termination of supervision may be with or without retaining |
212 | jurisdiction, at the court's discretion, and shall in either |
213 | case be considered a permanency option for the child. The order |
214 | terminating supervision by the department shall set forth the |
215 | powers of the custodian of the child and shall include the |
216 | powers ordinarily granted to a guardian of the person of a minor |
217 | unless otherwise specified. Upon the court's termination of |
218 | supervision by the department, no further judicial reviews are |
219 | required, so long as permanency has been established for the |
220 | child. |
221 | Section 5. Paragraph (d) of subsection (9) of section |
222 | 39.701, Florida Statutes, is amended to read: |
223 | 39.701 Judicial review.-- |
224 | (9) |
225 | (d) The court may extend the time limitation of the case |
226 | plan, or may modify the terms of the plan, which, in addition to |
227 | other modifications, may include a requirement that the parent |
228 | or legal custodian participate in a treatment-based drug court |
229 | program established under s. 397.334 based upon information |
230 | provided by the social service agency, and the guardian ad |
231 | litem, if one has been appointed, the parent or parents, and the |
232 | foster parents or legal custodian, and any other competent |
233 | information on record demonstrating the need for the amendment. |
234 | If the court extends the time limitation of the case plan, the |
235 | court must make specific findings concerning the frequency of |
236 | past parent-child visitation, if any, and the court may |
237 | authorize the expansion or restriction of future visitation. |
238 | Modifications to the plan must be handled as prescribed in s. |
239 | 39.601. Any extension of a case plan must comply with the time |
240 | requirements and other requirements specified by this chapter. |
241 | Section 6. Section 397.334, Florida Statutes, is amended |
242 | to read: |
243 | 397.334 Treatment-based drug court programs.-- |
244 | (1) Each county may fund a treatment-based drug court |
245 | program under which persons in the justice system assessed with |
246 | a substance abuse problem will be processed in such a manner as |
247 | to appropriately address the severity of the identified |
248 | substance abuse problem through treatment services plans |
249 | tailored to the individual needs of the participant. It is the |
250 | intent of the Legislature to encourage the Department of |
251 | Corrections, the Department of Children and Family Services, the |
252 | Department of Juvenile Justice, the Department of Health, the |
253 | Department of Law Enforcement, the Department of Education, and |
254 | such other agencies, local governments, law enforcement |
255 | agencies, and other interested public or private sources, and |
256 | individuals to support the creation and establishment of these |
257 | problem-solving court programs. Participation in the treatment- |
258 | based drug court programs does not divest any public or private |
259 | agency of its responsibility for a child or adult, but enables |
260 | allows these agencies to better meet their needs through shared |
261 | responsibility and resources. |
262 | (2) Entry into any pretrial treatment-based drug court |
263 | program shall be voluntary. The court may only order an |
264 | individual to enter into a pretrial treatment-based drug court |
265 | program upon written agreement by the individual, which shall |
266 | include a statement that the individual understands the |
267 | requirements of the program and the potential sanctions for |
268 | noncompliance. |
269 | (3)(2) The treatment-based drug court programs shall |
270 | include therapeutic jurisprudence principles and adhere to the |
271 | following 10 key components, recognized by the Drug Courts |
272 | Program Office of the Office of Justice Programs of the United |
273 | States Department of Justice and adopted by the Florida Supreme |
274 | Court Treatment-Based Drug Court Steering Committee: |
275 | (a) Drug court programs integrate alcohol and other drug |
276 | treatment services with justice system case processing. |
277 | (b) Using a nonadversarial approach, prosecution and |
278 | defense counsel promote public safety while protecting |
279 | participants' due process rights. |
280 | (c) Eligible participants are identified early and |
281 | promptly placed in the drug court program. |
282 | (d) Drug court programs provide access to a continuum of |
283 | alcohol, drug, and other related treatment and rehabilitation |
284 | services. |
285 | (e) Abstinence is monitored by frequent testing for |
286 | alcohol and other drugs. |
287 | (f) A coordinated strategy governs drug court program |
288 | responses to participants' compliance. |
289 | (g) Ongoing judicial interaction with each drug court |
290 | program participant is essential. |
291 | (h) Monitoring and evaluation measure the achievement of |
292 | program goals and gauge program effectiveness. |
293 | (i) Continuing interdisciplinary education promotes |
294 | effective drug court program planning, implementation, and |
295 | operations. |
296 | (j) Forging partnerships among drug court programs, public |
297 | agencies, and community-based organizations generates local |
298 | support and enhances drug court program effectiveness. |
299 | (4)(3) Treatment-based drug court programs may include |
300 | pretrial intervention programs as provided in ss. 948.08, |
301 | 948.16, and 985.306, treatment-based drug court programs |
302 | authorized in chapter 39, postadjudicatory programs, and the |
303 | monitoring of sentenced offenders through a treatment-based drug |
304 | court program. While enrolled in any treatment-based drug court |
305 | program, the participant is subject to a coordinated strategy |
306 | developed by the drug court team under paragraph (3)(f). Each |
307 | coordinated strategy must include a protocol of sanctions that |
308 | may be imposed upon the participant. The protocol of sanctions |
309 | must include as available options placement in a secure licensed |
310 | clinical or jail-based treatment program or serving a period of |
311 | incarceration for noncompliance with program rules within the |
312 | time limits established for contempt of court. The coordinated |
313 | strategy must be provided in writing to the participant before |
314 | the participant agrees to enter into a pretrial treatment-based |
315 | drug court program. |
316 | (5) Contingent upon an annual appropriation by the |
317 | Legislature, each judicial circuit shall establish, at a |
318 | minimum, one coordinator position for the treatment-based drug |
319 | court program within the state courts system to coordinate the |
320 | responsibilities of the participating agencies and service |
321 | providers. Each coordinator shall provide direct support to the |
322 | treatment-based drug court program by providing coordination |
323 | between the multidisciplinary team and the judiciary, providing |
324 | case management, monitoring compliance of the participants in |
325 | the treatment-based drug court program with court requirements, |
326 | and providing program evaluation and accountability. |
327 | (6)(4)(a) The Florida Association of Drug Court Program |
328 | Professionals is created. The membership of the association may |
329 | consist of treatment-based drug court program practitioners who |
330 | comprise the multidisciplinary treatment-based drug court |
331 | program team, including, but not limited to, judges, state |
332 | attorneys, defense counsel, drug court program coordinators, |
333 | probation officers, law enforcement officers, community |
334 | representatives, members of the academic community, and |
335 | treatment professionals. Membership in the association shall be |
336 | voluntary. |
337 | (b) The association shall annually elect a chair whose |
338 | duty is to solicit recommendations from members on issues |
339 | relating to the expansion, operation, and institutionalization |
340 | of treatment-based drug court programs. The chair is responsible |
341 | for providing on or before October 1 of each year the |
342 | association's recommendations and an annual report to the |
343 | appropriate Supreme Court Treatment-Based Drug Court Steering |
344 | committee or to the appropriate personnel of the Office of the |
345 | State Courts Administrator, and shall submit a report each year, |
346 | on or before October 1, to the steering committee. |
347 | (7)(5) If a county chooses to fund a treatment-based drug |
348 | court program, the county must secure funding from sources other |
349 | than the state for those costs not otherwise assumed by the |
350 | state pursuant to s. 29.004. However, this does not preclude |
351 | counties from using treatment and other service dollars provided |
352 | through state executive branch agencies. Counties may provide, |
353 | by interlocal agreement, for the collective funding of these |
354 | programs. |
355 | (8) The chief judge of each judicial circuit may appoint |
356 | an advisory committee for the treatment-based drug court |
357 | program. The committee shall be composed of the chief judge, or |
358 | his or her designee, who shall serve as chair; the judge of the |
359 | treatment-based drug court program, if not otherwise designated |
360 | by the chief judge as his or her designee; the state attorney, |
361 | or his or her designee; the public defender, or his or her |
362 | designee; the treatment-based drug court program coordinators; |
363 | community representatives; treatment representatives; and any |
364 | other persons the chair finds are appropriate. |
365 | Section 7. Paragraphs (b) and (e) of subsection (5) of |
366 | section 910.035, Florida Statutes, are amended to read: |
367 | 910.035 Transfer from county for plea and sentence.-- |
368 | (5) Any person eligible for participation in a drug court |
369 | treatment program pursuant to s. 948.08(6) may be eligible to |
370 | have the case transferred to a county other than that in which |
371 | the charge arose if the drug court program agrees and if the |
372 | following conditions are met: |
373 | (b) If approval for transfer is received from all parties, |
374 | the trial court shall accept a plea of nolo contendere and enter |
375 | a transfer order directing the clerk to transfer the case to the |
376 | county which has accepted the defendant into its drug court |
377 | program. |
378 | (e) Upon successful completion of the drug court program, |
379 | the jurisdiction to which the case has been transferred shall |
380 | dispose of the case pursuant to s. 948.08(6). If the defendant |
381 | does not complete the drug court program successfully, the |
382 | jurisdiction to which the case has been transferred shall |
383 | dispose of the case within the guidelines of the Criminal |
384 | Punishment Code case shall be prosecuted as determined by the |
385 | state attorneys of the sending and receiving counties. |
386 | Section 8. Subsections (6), (7), and (8) of section |
387 | 948.08, Florida Statutes, are amended to read: |
388 | 948.08 Pretrial intervention program.-- |
389 | (6)(a) Notwithstanding any provision of this section, a |
390 | person who is charged with a felony of the second or third |
391 | degree for purchase or possession of a controlled substance |
392 | under chapter 893, prostitution, tampering with evidence, |
393 | solicitation for purchase of a controlled substance, or |
394 | obtaining a prescription by fraud; who has not been charged with |
395 | a crime involving violence, including, but not limited to, |
396 | murder, sexual battery, robbery, carjacking, home-invasion |
397 | robbery, or any other crime involving violence; and who has not |
398 | previously been convicted of a felony nor been admitted to a |
399 | felony pretrial program referred to in this section is eligible |
400 | for voluntary admission into a pretrial substance abuse |
401 | education and treatment intervention program, including a |
402 | treatment-based drug court program established pursuant to s. |
403 | 397.334, approved by the chief judge of the circuit, for a |
404 | period of not less than 1 year in duration, upon motion of |
405 | either party or the court's own motion, except: |
406 | 1. If a defendant was previously offered admission to a |
407 | pretrial substance abuse education and treatment intervention |
408 | program at any time prior to trial and the defendant rejected |
409 | that offer on the record, then the court or the state attorney |
410 | may deny the defendant's admission to such a program. |
411 | 2. If the state attorney believes that the facts and |
412 | circumstances of the case suggest the defendant's involvement in |
413 | the dealing and selling of controlled substances, the court |
414 | shall hold a preadmission hearing. If the state attorney |
415 | establishes, by a preponderance of the evidence at such hearing, |
416 | that the defendant was involved in the dealing or selling of |
417 | controlled substances, the court shall deny the defendant's |
418 | admission into a pretrial intervention program. |
419 | (b) While enrolled in a pretrial intervention program |
420 | authorized by this section, the participant is subject to a |
421 | coordinated strategy developed by a drug court team under s. |
422 | 397.334(3). The coordinated strategy must include a protocol of |
423 | sanctions that may be imposed upon the participant. The protocol |
424 | of sanctions must include as available options placement in a |
425 | secure licensed clinical or jail-based treatment program or |
426 | serving a period of incarceration for noncompliance with program |
427 | rules within the time limits established for contempt of court. |
428 | The coordinated strategy must be provided in writing to the |
429 | participant before the participant agrees to enter into a |
430 | pretrial treatment-based drug court program, or other pretrial |
431 | intervention program. |
432 | (c)(b) At the end of the pretrial intervention period, the |
433 | court shall consider the recommendation of the administrator |
434 | pursuant to subsection (5) and the recommendation of the state |
435 | attorney as to disposition of the pending charges. The court |
436 | shall determine, by written finding, whether the defendant has |
437 | successfully completed the pretrial intervention program. |
438 | (c)1. If the court finds that the defendant has not |
439 | successfully completed the pretrial intervention program, the |
440 | court may order the person to continue in education and |
441 | treatment, which may include secure licensed clinical or jail- |
442 | based treatment programs, or order that the charges revert to |
443 | normal channels for prosecution. |
444 | 2. The court shall dismiss the charges upon a finding that |
445 | the defendant has successfully completed the pretrial |
446 | intervention program. |
447 | (d) Any entity, whether public or private, providing a |
448 | pretrial substance abuse education and treatment intervention |
449 | program under this subsection must contract with the county or |
450 | appropriate governmental entity, and the terms of the contract |
451 | must include, but need not be limited to, the requirements |
452 | established for private entities under s. 948.15(3). |
453 | (7) The chief judge in each circuit may appoint an |
454 | advisory committee for the pretrial intervention program |
455 | composed of the chief judge or his or her designee, who shall |
456 | serve as chair; the state attorney, the public defender, and the |
457 | program administrator, or their designees; and such other |
458 | persons as the chair deems appropriate. The advisory committee |
459 | may not designate any defendant eligible for a pretrial |
460 | intervention program for any offense that is not listed under |
461 | paragraph (6)(a) without the state attorney's recommendation and |
462 | approval. The committee may also include persons representing |
463 | any other agencies to which persons released to the pretrial |
464 | intervention program may be referred. |
465 | (7)(8) The department may contract for the services and |
466 | facilities necessary to operate pretrial intervention programs. |
467 | Section 9. Section 948.16, Florida Statutes, is amended to |
468 | read: |
469 | 948.16 Misdemeanor pretrial substance abuse education and |
470 | treatment intervention program.-- |
471 | (1)(a) A person who is charged with a misdemeanor for |
472 | possession of a controlled substance or drug paraphernalia under |
473 | chapter 893, and who has not previously been convicted of a |
474 | felony nor been admitted to a pretrial program, is eligible for |
475 | voluntary admission into a misdemeanor pretrial substance abuse |
476 | education and treatment intervention program, including a |
477 | treatment-based drug court program established pursuant to s. |
478 | 397.334, approved by the chief judge of the circuit, for a |
479 | period based on the program requirements and the treatment plan |
480 | for the offender, upon motion of either party or the court's own |
481 | motion, except, if the state attorney believes the facts and |
482 | circumstances of the case suggest the defendant is involved in |
483 | dealing and selling controlled substances, the court shall hold |
484 | a preadmission hearing. If the state attorney establishes, by a |
485 | preponderance of the evidence at such hearing, that the |
486 | defendant was involved in dealing or selling controlled |
487 | substances, the court shall deny the defendant's admission into |
488 | the pretrial intervention program. |
489 | (b) While enrolled in a pretrial intervention program |
490 | authorized by this section, the participant is subject to a |
491 | coordinated strategy developed by a drug court team under s. |
492 | 397.334(3). The coordinated strategy must include a protocol of |
493 | sanctions that may be imposed upon the participant. The protocol |
494 | of sanctions must include as available options placement in a |
495 | secure licensed clinical or jail-based treatment program or |
496 | serving a period of incarceration for noncompliance with program |
497 | rules within the time limits established for contempt of court. |
498 | The coordinated strategy must be provided in writing to the |
499 | participant before the participant agrees to enter into a |
500 | pretrial treatment-based drug court program, or other pretrial |
501 | intervention program. |
502 | (2) At the end of the pretrial intervention period, the |
503 | court shall consider the recommendation of the treatment program |
504 | and the recommendation of the state attorney as to disposition |
505 | of the pending charges. The court shall determine, by written |
506 | finding, whether the defendant successfully completed the |
507 | pretrial intervention program. |
508 | (a) If the court finds that the defendant has not |
509 | successfully completed the pretrial intervention program, the |
510 | court may order the person to continue in education and |
511 | treatment or return the charges to the criminal docket for |
512 | prosecution. |
513 | (b) The court shall dismiss the charges upon finding that |
514 | the defendant has successfully completed the pretrial |
515 | intervention program. |
516 | (3) Any public or private entity providing a pretrial |
517 | substance abuse education and treatment program under this |
518 | section shall contract with the county or appropriate |
519 | governmental entity. The terms of the contract shall include, |
520 | but not be limited to, the requirements established for private |
521 | entities under s. 948.15(3). |
522 | Section 10. Section 985.306, Florida Statutes, is amended |
523 | to read: |
524 | 985.306 Delinquency pretrial intervention program.-- |
525 | (1)(a) Notwithstanding any provision of law to the |
526 | contrary, a child who is charged under chapter 893 with a felony |
527 | of the second or third degree for purchase or possession of a |
528 | controlled substance under chapter 893; tampering with evidence; |
529 | solicitation for purchase of a controlled substance; or |
530 | obtaining a prescription by fraud, and who has not previously |
531 | been adjudicated for a felony nor been admitted to a delinquency |
532 | pretrial intervention program under this section, is eligible |
533 | for voluntary admission into a delinquency pretrial substance |
534 | abuse education and treatment intervention program, including a |
535 | treatment-based drug court program established pursuant to s. |
536 | 397.334, approved by the chief judge or alternative sanctions |
537 | coordinator of the circuit to the extent that funded programs |
538 | are available, for a period based on the program requirements |
539 | and the treatment services that are suitable for the offender of |
540 | not less than 1 year in duration, upon motion of either party or |
541 | the court's own motion. If the state attorney believes that the |
542 | facts and circumstances of the case suggest the child's |
543 | involvement in the dealing and selling of controlled substances, |
544 | the court shall hold a preadmission hearing. If the state |
545 | attorney establishes by a preponderance of the evidence at such |
546 | hearing that the child was involved in the dealing and selling |
547 | of controlled substances, the court shall deny the child's |
548 | admission into a delinquency pretrial intervention program. |
549 | (2) While enrolled in a delinquency pretrial intervention |
550 | program authorized by this section, a child is subject to a |
551 | coordinated strategy developed by a drug court team under s. |
552 | 397.334(3). The coordinated strategy must include a protocol of |
553 | sanctions that may be imposed upon the child. The protocol of |
554 | sanctions must include as available options placement in a |
555 | secure licensed clinical facility or placement in a secure |
556 | detention facility under s. 985.216 for noncompliance with |
557 | program rules. The coordinated strategy must be provided in |
558 | writing to the child before the child agrees to enter the |
559 | pretrial treatment-based drug court program, or other pretrial |
560 | intervention program. |
561 | (3)(b) At the end of the delinquency pretrial intervention |
562 | period, the court shall consider the recommendation of the state |
563 | attorney and the program administrator as to disposition of the |
564 | pending charges. The court shall determine, by written finding, |
565 | whether the child has successfully completed the delinquency |
566 | pretrial intervention program. |
567 | (c)1. If the court finds that the child has not |
568 | successfully completed the delinquency pretrial intervention |
569 | program, the court may order the child to continue in an |
570 | education, treatment, or urine monitoring program if resources |
571 | and funding are available or order that the charges revert to |
572 | normal channels for prosecution. |
573 | 2. The court may dismiss the charges upon a finding that |
574 | the child has successfully completed the delinquency pretrial |
575 | intervention program. |
576 | (4)(d) Any entity, whether public or private, providing |
577 | pretrial substance abuse education, treatment intervention, and |
578 | a urine monitoring program under this section must contract with |
579 | the county or appropriate governmental entity, and the terms of |
580 | the contract must include, but need not be limited to, the |
581 | requirements established for private entities under s. |
582 | 948.15(3). It is the intent of the Legislature that public or |
583 | private entities providing substance abuse education and |
584 | treatment intervention programs involve the active participation |
585 | of parents, schools, churches, businesses, law enforcement |
586 | agencies, and the department or its contract providers. |
587 | (2) The chief judge in each circuit may appoint an |
588 | advisory committee for the delinquency pretrial intervention |
589 | program composed of the chief judge or designee, who shall serve |
590 | as chair; the state attorney, the public defender, and the |
591 | program administrator, or their designees; and such other |
592 | persons as the chair deems appropriate. The committee may also |
593 | include persons representing any other agencies to which |
594 | children released to the delinquency pretrial intervention |
595 | program may be referred. |
596 | Section 11. This act shall take effect upon becoming a |
597 | law. |