Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 184
                        Barcode 892654
                            CHAMBER ACTION
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11  The Committee on Judiciary (Villalobos) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (4) of section 39.001, Florida
19  Statutes, is amended to read:
20         39.001  Purposes and intent; personnel standards and
21  screening.--
22         (4)  SUBSTANCE ABUSE SERVICES.--
23         (a)  The Legislature recognizes that early referral and
24  comprehensive treatment can help combat substance abuse in
25  families and that treatment is cost-effective.
26         (b)  The Legislature establishes the following goals
27  for the state relating to substance abuse treatment services
28  in the dependency system:
29         1.  To ensure the safety of children.
30         2.  To prevent and remediate the consequences of
31  substance abuse on families involved in protective supervision
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 or foster care and reduce substance abuse, including alcohol 2 abuse, for families who are at risk of being involved in 3 protective supervision or foster care. 4 3. To expedite permanency for children and reunify 5 healthy, intact families, when appropriate. 6 4. To support families in recovery. 7 (c) The Legislature finds that children in the care of 8 the state's dependency system need appropriate health care 9 services, that the impact of substance abuse on health 10 indicates the need for health care services to include 11 substance abuse services to children and parents where 12 appropriate, and that it is in the state's best interest that 13 the such children be provided the services they need to enable 14 them to become and remain independent of state care. In order 15 to provide these services, the state's dependency system must 16 have the ability to identify and provide appropriate 17 intervention and treatment for children with personal or 18 family-related substance abuse problems. 19 (d) It is the intent of the Legislature to encourage 20 the use of the drug court program model established by s. 21 397.334, and authorize courts to assess parents and children 22 where good cause is shown to identify and address substance 23 abuse problems as the court deems appropriate at every stage 24 of the dependency process. Participation in treatment, 25 including a treatment-based drug court program, may be 26 required by the court following adjudication. Participation in 27 assessment and treatment before adjudication is voluntary, 28 except as provided in s. 39.407(15). 29 (e) It is therefore the purpose of the Legislature to 30 provide authority for the state to contract with community 31 substance abuse treatment providers for the development and 2 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 operation of specialized support and overlay services for the 2 dependency system, which will be fully implemented and used 3 utilized as resources permit. 4 (f) Participation in the treatment-based drug court 5 program does not divest any public or private agency of its 6 responsibility for a child or adult but is intended to enable 7 these agencies to better meet their needs through shared 8 responsibility and resources. 9 Section 2. Section 39.407, Florida Statutes, is 10 amended to read: 11 39.407 Medical, psychiatric, and psychological 12 examination and treatment of child; physical, or mental, or 13 substance abuse examination of a parent or person with or 14 requesting custody of child.-- 15 (1) When any child is removed from the home and 16 maintained in an out-of-home placement, the department is 17 authorized to have a medical screening performed on the child 18 without authorization from the court and without consent from 19 a parent or legal custodian. Such medical screening shall be 20 performed by a licensed health care professional and shall be 21 to examine the child for injury, illness, and communicable 22 diseases and to determine the need for immunization. The 23 department shall by rule establish the invasiveness of the 24 medical procedures authorized to be performed under this 25 subsection. In no case does this subsection authorize the 26 department to consent to medical treatment for such children. 27 (2) When the department has performed the medical 28 screening authorized by subsection (1), or when it is 29 otherwise determined by a licensed health care professional 30 that a child who is in an out-of-home placement, but who has 31 not been committed to the department, is in need of medical 3 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 treatment, including the need for immunization, consent for 2 medical treatment shall be obtained in the following manner: 3 (a)1. Consent to medical treatment shall be obtained 4 from a parent or legal custodian of the child; or 5 2. A court order for such treatment shall be obtained. 6 (b) If a parent or legal custodian of the child is 7 unavailable and his or her whereabouts cannot be reasonably 8 ascertained, and it is after normal working hours so that a 9 court order cannot reasonably be obtained, an authorized agent 10 of the department shall have the authority to consent to 11 necessary medical treatment, including immunization, for the 12 child. The authority of the department to consent to medical 13 treatment in this circumstance shall be limited to the time 14 reasonably necessary to obtain court authorization. 15 (c) If a parent or legal custodian of the child is 16 available but refuses to consent to the necessary treatment, 17 including immunization, a court order shall be required unless 18 the situation meets the definition of an emergency in s. 19 743.064 or the treatment needed is related to suspected abuse, 20 abandonment, or neglect of the child by a parent, caregiver, 21 or legal custodian. In such case, the department shall have 22 the authority to consent to necessary medical treatment. This 23 authority is limited to the time reasonably necessary to 24 obtain court authorization. 25 26 In no case shall the department consent to sterilization, 27 abortion, or termination of life support. 28 (3)(a) A judge may order a child in an out-of-home 29 placement to be examined by a licensed health care 30 professional. 31 (b) The judge may also order such child to be 4 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 evaluated by a psychiatrist or a psychologist or, if a 2 developmental disability is suspected or alleged, by the 3 developmental disability diagnostic and evaluation team of the 4 department. If it is necessary to place a child in a 5 residential facility for such evaluation, the criteria and 6 procedure established in s. 394.463(2) or chapter 393 shall be 7 used, whichever is applicable. 8 (c) The judge may also order such child to be 9 evaluated by a district school board educational needs 10 assessment team. The educational needs assessment provided by 11 the district school board educational needs assessment team 12 shall include, but not be limited to, reports of intelligence 13 and achievement tests, screening for learning disabilities and 14 other handicaps, and screening for the need for alternative 15 education as defined in s. 1001.42. 16 (4) A judge may order a child in an out-of-home 17 placement to be treated by a licensed health care professional 18 based on evidence that the child should receive treatment. 19 The judge may also order such child to receive mental health 20 or developmental disabilities services from a psychiatrist, 21 psychologist, or other appropriate service provider. Except 22 as provided in subsection (5), if it is necessary to place the 23 child in a residential facility for such services, the 24 procedures and criteria established in s. 394.467 or chapter 25 393 shall be used, whichever is applicable. A child may be 26 provided developmental disabilities or mental health services 27 in emergency situations, pursuant to the procedures and 28 criteria contained in s. 394.463(1) or chapter 393, whichever 29 is applicable. 30 (5) Children who are in the legal custody of the 31 department may be placed by the department, without prior 5 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 approval of the court, in a residential treatment center 2 licensed under s. 394.875 or a hospital licensed under chapter 3 395 for residential mental health treatment only pursuant to 4 this section or may be placed by the court in accordance with 5 an order of involuntary examination or involuntary placement 6 entered pursuant to s. 394.463 or s. 394.467. All children 7 placed in a residential treatment program under this 8 subsection must have a guardian ad litem appointed. 9 (a) As used in this subsection, the term: 10 1. "Residential treatment" means placement for 11 observation, diagnosis, or treatment of an emotional 12 disturbance in a residential treatment center licensed under 13 s. 394.875 or a hospital licensed under chapter 395. 14 2. "Least restrictive alternative" means the treatment 15 and conditions of treatment that, separately and in 16 combination, are no more intrusive or restrictive of freedom 17 than reasonably necessary to achieve a substantial therapeutic 18 benefit or to protect the child or adolescent or others from 19 physical injury. 20 3. "Suitable for residential treatment" or 21 "suitability" means a determination concerning a child or 22 adolescent with an emotional disturbance as defined in s. 23 394.492(5) or a serious emotional disturbance as defined in s. 24 394.492(6) that each of the following criteria is met: 25 a. The child requires residential treatment. 26 b. The child is in need of a residential treatment 27 program and is expected to benefit from mental health 28 treatment. 29 c. An appropriate, less restrictive alternative to 30 residential treatment is unavailable. 31 (b) Whenever the department believes that a child in 6 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 its legal custody is emotionally disturbed and may need 2 residential treatment, an examination and suitability 3 assessment must be conducted by a qualified evaluator who is 4 appointed by the Agency for Health Care Administration. This 5 suitability assessment must be completed before the placement 6 of the child in a residential treatment center for emotionally 7 disturbed children and adolescents or a hospital. The 8 qualified evaluator must be a psychiatrist or a psychologist 9 licensed in Florida who has at least 3 years of experience in 10 the diagnosis and treatment of serious emotional disturbances 11 in children and adolescents and who has no actual or perceived 12 conflict of interest with any inpatient facility or 13 residential treatment center or program. 14 (c) Before a child is admitted under this subsection, 15 the child shall be assessed for suitability for residential 16 treatment by a qualified evaluator who has conducted a 17 personal examination and assessment of the child and has made 18 written findings that: 19 1. The child appears to have an emotional disturbance 20 serious enough to require residential treatment and is 21 reasonably likely to benefit from the treatment. 22 2. The child has been provided with a clinically 23 appropriate explanation of the nature and purpose of the 24 treatment. 25 3. All available modalities of treatment less 26 restrictive than residential treatment have been considered, 27 and a less restrictive alternative that would offer comparable 28 benefits to the child is unavailable. 29 30 A copy of the written findings of the evaluation and 31 suitability assessment must be provided to the department and 7 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 to the guardian ad litem, who shall have the opportunity to 2 discuss the findings with the evaluator. 3 (d) Immediately upon placing a child in a residential 4 treatment program under this section, the department must 5 notify the guardian ad litem and the court having jurisdiction 6 over the child and must provide the guardian ad litem and the 7 court with a copy of the assessment by the qualified 8 evaluator. 9 (e) Within 10 days after the admission of a child to a 10 residential treatment program, the director of the residential 11 treatment program or the director's designee must ensure that 12 an individualized plan of treatment has been prepared by the 13 program and has been explained to the child, to the 14 department, and to the guardian ad litem, and submitted to the 15 department. The child must be involved in the preparation of 16 the plan to the maximum feasible extent consistent with his or 17 her ability to understand and participate, and the guardian ad 18 litem and the child's foster parents must be involved to the 19 maximum extent consistent with the child's treatment needs. 20 The plan must include a preliminary plan for residential 21 treatment and aftercare upon completion of residential 22 treatment. The plan must include specific behavioral and 23 emotional goals against which the success of the residential 24 treatment may be measured. A copy of the plan must be provided 25 to the child, to the guardian ad litem, and to the department. 26 (f) Within 30 days after admission, the residential 27 treatment program must review the appropriateness and 28 suitability of the child's placement in the program. The 29 residential treatment program must determine whether the child 30 is receiving benefit toward the treatment goals and whether 31 the child could be treated in a less restrictive treatment 8 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 program. The residential treatment program shall prepare a 2 written report of its findings and submit the report to the 3 guardian ad litem and to the department. The department must 4 submit the report to the court. The report must include a 5 discharge plan for the child. The residential treatment 6 program must continue to evaluate the child's treatment 7 progress every 30 days thereafter and must include its 8 findings in a written report submitted to the department. The 9 department may not reimburse a facility until the facility has 10 submitted every written report that is due. 11 (g)1. The department must submit, at the beginning of 12 each month, to the court having jurisdiction over the child, a 13 written report regarding the child's progress toward achieving 14 the goals specified in the individualized plan of treatment. 15 2. The court must conduct a hearing to review the 16 status of the child's residential treatment plan no later than 17 3 months after the child's admission to the residential 18 treatment program. An independent review of the child's 19 progress toward achieving the goals and objectives of the 20 treatment plan must be completed by a qualified evaluator and 21 submitted to the court before its 3-month review. 22 3. For any child in residential treatment at the time 23 a judicial review is held pursuant to s. 39.701, the child's 24 continued placement in residential treatment must be a subject 25 of the judicial review. 26 4. If at any time the court determines that the child 27 is not suitable for continued residential treatment, the court 28 shall order the department to place the child in the least 29 restrictive setting that is best suited to meet his or her 30 needs. 31 (h) After the initial 3-month review, the court must 9 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 conduct a review of the child's residential treatment plan 2 every 90 days. 3 (i) The department must adopt rules for implementing 4 timeframes for the completion of suitability assessments by 5 qualified evaluators and a procedure that includes timeframes 6 for completing the 3-month independent review by the qualified 7 evaluators of the child's progress toward achieving the goals 8 and objectives of the treatment plan which review must be 9 submitted to the court. The Agency for Health Care 10 Administration must adopt rules for the registration of 11 qualified evaluators, the procedure for selecting the 12 evaluators to conduct the reviews required under this section, 13 and a reasonable, cost-efficient fee schedule for qualified 14 evaluators. 15 (6) When a child is in an out-of-home placement, a 16 licensed health care professional shall be immediately called 17 if there are indications of physical injury or illness, or the 18 child shall be taken to the nearest available hospital for 19 emergency care. 20 (7) Except as otherwise provided herein, nothing in 21 this section shall be deemed to eliminate the right of a 22 parent, legal custodian, or the child to consent to 23 examination or treatment for the child. 24 (8) Except as otherwise provided herein, nothing in 25 this section shall be deemed to alter the provisions of s. 26 743.064. 27 (9) A court shall not be precluded from ordering 28 services or treatment to be provided to the child by a duly 29 accredited practitioner who relies solely on spiritual means 30 for healing in accordance with the tenets and practices of a 31 church or religious organization, when required by the child's 10 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 health and when requested by the child. 2 (10) Nothing in this section shall be construed to 3 authorize the permanent sterilization of the child unless such 4 sterilization is the result of or incidental to medically 5 necessary treatment to protect or preserve the life of the 6 child. 7 (11) For the purpose of obtaining an evaluation or 8 examination, or receiving treatment as authorized pursuant to 9 this section, no child alleged to be or found to be dependent 10 shall be placed in a detention home or other program used 11 primarily for the care and custody of children alleged or 12 found to have committed delinquent acts. 13 (12) The parents or legal custodian of a child in an 14 out-of-home placement remain financially responsible for the 15 cost of medical treatment provided to the child even if either 16 one or both of the parents or if the legal custodian did not 17 consent to the medical treatment. After a hearing, the court 18 may order the parents or legal custodian, if found able to do 19 so, to reimburse the department or other provider of medical 20 services for treatment provided. 21 (13) Nothing in this section alters the authority of 22 the department to consent to medical treatment for a dependent 23 child when the child has been committed to the department and 24 the department has become the legal custodian of the child. 25 (14) At any time after the filing of a shelter 26 petition or petition for dependency, when the mental or 27 physical condition, including the blood group, of a parent, 28 caregiver, legal custodian, or other person who has custody or 29 is requesting custody of a child is in controversy, the court 30 may order the person to submit to a physical or mental 31 examination by a qualified professional. The order may be 11 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 made only upon good cause shown and under pursuant to notice 2 and procedures as set forth by the Florida Rules of Juvenile 3 Procedure. 4 (15) At any time after a shelter petition or petition 5 for dependency is filed, the court may order a child or a 6 person who has custody or is requesting custody of the child 7 to submit to a substance abuse assessment and evaluation. The 8 assessment or evaluation must be administered by a qualified 9 professional, as defined in s. 397.311. The order may be made 10 only upon good cause shown. This section does not authorize 11 placing the child with a person seeking custody, other than 12 the parent or legal custodian, who requires substance abuse 13 treatment. 14 Section 3. Subsection (9) is added to section 39.507, 15 Florida Statutes, to read: 16 39.507 Adjudicatory hearings; orders of 17 adjudication.-- 18 (9) After an adjudication of dependency, or a finding 19 of dependency when adjudication is withheld, the court may 20 order a child or a person who has custody or is requesting 21 custody of the child to submit to a substance abuse assessment 22 or evaluation. The assessment or evaluation must be 23 administered by a qualified professional, as defined in s. 24 397.311. The court may also require the person to participate 25 in and comply with treatment and services identified as 26 necessary, including, when appropriate and available, 27 participation in and compliance with a treatment-based drug 28 court program established under s. 397.334. In addition to 29 supervision by the department, the court, including the 30 treatment-based drug court program, may oversee the progress 31 and compliance with treatment by the child or a person who has 12 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 custody or is requesting custody of the child. The court may 2 impose appropriate available sanctions for noncompliance upon 3 the child or a person who has custody or is requesting custody 4 of the child, or make a finding of noncompliance for 5 consideration when determining whether an alternative 6 placement of the child is in the child's best interests. Any 7 order entered under this subsection may be made only upon good 8 cause shown. This section does not authorize placing the child 9 with a person seeking custody, other than the parent or legal 10 custodian, who requires substance abuse treatment. 11 Section 4. Paragraph (b) of subsection (1) of section 12 39.521, Florida Statutes, is amended to read: 13 39.521 Disposition hearings; powers of disposition.-- 14 (1) A disposition hearing shall be conducted by the 15 court, if the court finds that the facts alleged in the 16 petition for dependency were proven in the adjudicatory 17 hearing, or if the parents or legal custodians have consented 18 to the finding of dependency or admitted the allegations in 19 the petition, have failed to appear for the arraignment 20 hearing after proper notice, or have not been located despite 21 a diligent search having been conducted. 22 (b) When any child is adjudicated by a court to be 23 dependent, the court having jurisdiction of the child has the 24 power by order to: 25 1. Require the parent and, when appropriate, the legal 26 custodian and the child, to participate in treatment and 27 services identified as necessary. 28 2. Require, if the court deems necessary, the parties 29 to participate in dependency mediation. The court may require 30 the child or person who has custody or who is requesting 31 custody of the child to submit to a substance abuse assessment 13 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 or evaluation. The assessment or evaluation must be 2 administered by a qualified professional, as defined in s. 3 397.311. The court may also require the person to participate 4 in and comply with treatment and services identified as 5 necessary, including, when appropriate and available, 6 participation in and compliance with a treatment-based drug 7 court program established under s. 397.334. In addition to 8 supervision by the department the court, including the 9 treatment-based drug court program, may oversee the progress 10 and compliance with treatment by the child or a person who has 11 custody or is requesting custody of the child. The court may 12 impose appropriate available sanctions for noncompliance upon 13 the child or a person who has custody or is requesting custody 14 of the child, or make a finding of noncompliance for 15 consideration when determining whether an alternative 16 placement of the child is in the best interests of the child. 17 Any order entered under this subsection may be made only upon 18 good cause shown. This section does not authorize placing the 19 child with a person seeking custody, other than the parent or 20 legal custodian, who requires substance abuse treatment. 21 3. Require placement of the child either under the 22 protective supervision of an authorized agent of the 23 department in the home of one or both of the child's parents 24 or in the home of a relative of the child or another adult 25 approved by the court, or in the custody of the department. 26 Protective supervision continues until the court terminates it 27 or until the child reaches the age of 18, whichever date is 28 first. Protective supervision shall be terminated by the court 29 whenever the court determines that permanency has been 30 achieved for the child, whether with a parent, another 31 relative, or a legal custodian, and that protective 14 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 supervision is no longer needed. The termination of 2 supervision may be with or without retaining jurisdiction, at 3 the court's discretion, and shall in either case be considered 4 a permanency option for the child. The order terminating 5 supervision by the department shall set forth the powers of 6 the custodian of the child and shall include the powers 7 ordinarily granted to a guardian of the person of a minor 8 unless otherwise specified. Upon the court's termination of 9 supervision by the department, no further judicial reviews are 10 required, so long as permanency has been established for the 11 child. 12 Section 5. Paragraph (d) of subsection (9) of section 13 39.701, Florida Statutes, is amended to read: 14 39.701 Judicial review.-- 15 (9) 16 (d) The court may extend the time limitation of the 17 case plan, or may modify the terms of the plan, which, in 18 addition to other modifications, may include a requirement 19 that the parent, or legal custodian participate in a 20 treatment-based drug court program established under s. 21 397.334 based upon information provided by the social service 22 agency, and the guardian ad litem, if one has been appointed, 23 the parent or parents, and the foster parents or legal 24 custodian, and any other competent information on record 25 demonstrating the need for the amendment. If the court extends 26 the time limitation of the case plan, the court must make 27 specific findings concerning the frequency of past 28 parent-child visitation, if any, and the court may authorize 29 the expansion or restriction of future visitation. 30 Modifications to the plan must be handled as prescribed in s. 31 39.601. Any extension of a case plan must comply with the time 15 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 requirements and other requirements specified by this chapter. 2 Section 6. Section 397.334, Florida Statutes, to read: 3 397.334 Treatment-based drug court programs.-- 4 (1) Each county may fund a treatment-based drug court 5 program under which persons in the justice system assessed 6 with a substance abuse problem will be processed in such a 7 manner as to appropriately address the severity of the 8 identified substance abuse problem through treatment services 9 plans tailored to the individual needs of the participant. It 10 is the intent of the Legislature to encourage the Department 11 of Corrections, the Department of Children and Family 12 Services, the Department of Juvenile Justice, the Department 13 of Health, the Department of Law Enforcement, the Department 14 of Education, and such other agencies, local governments, law 15 enforcement agencies, and other interested public or private 16 sources, and individuals to support the creation and 17 establishment of these problem-solving court programs. 18 Participation in the treatment-based drug court programs does 19 not divest any public or private agency of its responsibility 20 for a child or adult, but enables allows these agencies to 21 better meet their needs through shared responsibility and 22 resources. 23 (2) Entry into a pretrial treatment-based drug court 24 program is voluntary. The court may order an individual to 25 enter into a pretrial treatment-based drug court program only 26 upon written agreement by the individual, which must include 27 an acknowledgement that the individual understands the 28 requirements of the program and the potential sanctions for 29 failing to comply with them. 30 (3)(2) The treatment-based drug court programs shall 31 include therapeutic jurisprudence principles and adhere to the 16 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 following 10 key components, recognized by the Drug Courts 2 Program Office of the Office of Justice Programs of the United 3 States Department of Justice and adopted by the Florida 4 Supreme Court Treatment-Based Drug Court Steering Committee: 5 (a) Drug court programs integrate alcohol and other 6 drug treatment services with justice system case processing. 7 (b) Using a nonadversarial approach, prosecution and 8 defense counsel promote public safety while protecting 9 participants' due process rights. 10 (c) Eligible participants are identified early and 11 promptly placed in the drug court program. 12 (d) Drug court programs provide access to a continuum 13 of alcohol, drug, and other related treatment and 14 rehabilitation services. 15 (e) Abstinence is monitored by frequent testing for 16 alcohol and other drugs. 17 (f) A coordinated strategy governs drug court program 18 responses to participants' compliance. 19 (g) Ongoing judicial interaction with each drug court 20 program participant is essential. 21 (h) Monitoring and evaluation measure the achievement 22 of program goals and gauge program effectiveness. 23 (i) Continuing interdisciplinary education promotes 24 effective drug court program planning, implementation, and 25 operations. 26 (j) Forging partnerships among drug court programs, 27 public agencies, and community-based organizations generates 28 local support and enhances drug court program effectiveness. 29 (4)(3) Treatment-based drug court programs may include 30 pretrial intervention programs as provided in ss. 948.08, 31 948.16, and 985.306, treatment-based drug court programs 17 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 authorized in chapter 39, postadjudicatory programs, and the 2 monitoring of sentenced offenders through a treatment-based 3 drug court program. While enrolled in a treatment-based drug 4 court program, the participant is subject to a coordinated 5 strategy developed by the drug court team under paragraph 6 (3)(f). Each coordinated strategy must include a protocol of 7 sanctions that may be imposed on the participant. The protocol 8 of sanctions must include as available options placement in a 9 secure licensed clinical or jail-based treatment program or 10 serving a period of incarceration for noncompliance with the 11 program rules within the time limits established for contempt 12 of court. The coordinated strategy must be given to the 13 participant, in writing, before the participant agrees to 14 enter into a pretrial treatment-based drug court program. 15 (5) Contingent upon an annual appropriation by the 16 Legislature, each judicial circuit shall establish, at a 17 minimum, one coordinator position for the treatment-based drug 18 court program within the state courts system to coordinate the 19 responsibilities of the participating agencies and service 20 providers. Each coordinator shall provide direct support to 21 the treatment-based drug court program by providing 22 coordination between the multidisciplinary team and the 23 judiciary, providing case management, monitoring compliance of 24 the participants in the treatment-based drug court program 25 with court requirements, and providing program evaluation and 26 accountability. 27 (6)(a)(4)(a) The Florida Association of Drug Court 28 Program Professionals is created. The membership of the 29 association may consist of treatment-based drug court program 30 practitioners who comprise the multidisciplinary 31 treatment-based drug court program team, including, but not 18 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 limited to, judges, state attorneys, defense counsel, drug 2 court program coordinators, probation officers, law 3 enforcement officers, community representatives members of the 4 academic community, and treatment professionals. Membership in 5 the association shall be voluntary. 6 (b) The association shall annually elect a chair whose 7 duty is to solicit recommendations from members on issues 8 relating to the expansion, operation, and institutionalization 9 of treatment-based drug court programs. The chair is 10 responsible for providing on or before October 1 of each year 11 the association's recommendations and an annual report to the 12 appropriate Supreme Court Treatment-Based Drug Court Steering 13 committee or to the appropriate personnel of the Office of the 14 State Courts Administrator, and shall submit a report each 15 year, on or before October 1, to the steering committee. 16 (7)(5) If a county chooses to fund a treatment-based 17 drug court program, the county must secure funding from 18 sources other than the state for those costs not otherwise 19 assumed by the state under pursuant to s. 29.004. However, 20 this does not preclude counties from using treatment and other 21 service dollars provided through state executive branch 22 agencies. Counties may provide, by interlocal agreement, for 23 the collective funding of these programs. 24 (8) The chief judge of each judicial circuit may 25 appoint an advisory committee for the treatment-based drug 26 court program. The committee shall include the chief judge, or 27 his or her designee, who shall serve as chair of the 28 committee, the judge of the treatment-based drug court 29 program, if not otherwise designated by the chief judge as his 30 or her designee, the state attorney, or his or her designee, 31 the public defender, or his or her designee, the 19 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 treatment-based drug court program coordinator, community 2 representatives, treatment representatives, and any other 3 persons the chair finds are appropriate. 4 Section 7. Paragraphs (b) and (e) of subsection (5) of 5 section 910.035, Florida Statutes, are amended to read: 6 910.035 Transfer from county for plea and sentence.-- 7 (5) Any person eligible for participation in a drug 8 court treatment program pursuant to s. 948.08(6) may be 9 eligible to have the case transferred to a county other than 10 that in which the charge arose if the drug court program 11 agrees and if the following conditions are met: 12 (b) If approval for transfer is received from all 13 parties, the trial court shall accept a plea of nolo 14 contendere and enter a transfer order directing the clerk to 15 transfer the case to the county which has accepted the 16 defendant into its drug court program. 17 (e) Upon successful completion of the drug court 18 program, the jurisdiction to which the case has been 19 transferred shall dispose of the case under pursuant to s. 20 948.08(6). If the defendant does not complete the drug court 21 program successfully, the jurisdiction to which the case has 22 been transferred shall dispose of the case within the 23 guidelines of the Criminal Punishment Code case shall be 24 prosecuted as determined by the state attorneys of the sending 25 and receiving counties. 26 Section 8. Subsections (6), (7), and (8) of section 27 948.08, Florida Statutes, are amended to read: 28 948.08 Pretrial intervention program.-- 29 (6)(a) Notwithstanding any provision of this section, 30 a person who is charged with a felony of the second or third 31 degree for purchase or possession of a controlled substance 20 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 under chapter 893, prostitution, tampering with evidence, 2 solicitation for purchase of a controlled substance, or 3 obtaining a prescription by fraud; who has not been charged 4 with a crime involving violence, including, but not limited 5 to, murder, sexual battery, robbery, carjacking, home-invasion 6 robbery, or any other crime involving violence; and who has 7 not previously been convicted of a felony nor been admitted to 8 a felony pretrial program referred to in this section is 9 eligible for voluntary admission into a pretrial substance 10 abuse education and treatment intervention program, including 11 a treatment-based drug court program established under s. 12 397.334, approved by the chief judge of the circuit, for a 13 period of not less than 1 year in duration, upon motion of 14 either party or the court's own motion, except: 15 1. If a defendant was previously offered admission to 16 a pretrial substance abuse education and treatment 17 intervention program at any time before prior to trial and the 18 defendant rejected that offer on the record, then the court or 19 the state attorney may deny the defendant's admission to the 20 such a program. 21 2. If the state attorney believes that the facts and 22 circumstances of the case suggest the defendant's involvement 23 in the dealing and selling of controlled substances, the court 24 shall hold a preadmission hearing. If the state attorney 25 establishes, by a preponderance of the evidence at the such 26 hearing, that the defendant was involved in the dealing or 27 selling of controlled substances, the court shall deny the 28 defendant's admission into a pretrial intervention program. 29 (b) While enrolled in a pretrial intervention program 30 authorized by this section, the participant is subject to a 31 coordinated strategy developed by a drug court team under s. 21 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 397.334(3). The coordinated strategy must include a protocol 2 of sanctions that may be imposed upon the participant. The 3 protocol of sanctions must include as available options 4 placement in a secure licensed clinical or jail-based 5 treatment program or serving a period of incarceration for 6 noncompliance with program rules within the time limits 7 established for contempt of court. The coordinated strategy 8 must be given to the participant, in writing, before the 9 participant agrees to enter a pretrial treatment-based drug 10 court program, or other pretrial intervention program. 11 (c)(b) At the end of the pretrial intervention period, 12 the court shall consider the recommendation of the 13 administrator under pursuant to subsection (5) and the 14 recommendation of the state attorney as to disposition of the 15 pending charges. The court shall determine, by written 16 finding, whether the defendant has successfully completed the 17 pretrial intervention program. 18 (c)1. If the court finds that the defendant has not 19 successfully completed the pretrial intervention program, the 20 court may order the person to continue in education and 21 treatment or order that the charges revert to normal channels 22 for prosecution. 23 2. The court shall dismiss the charges upon a finding 24 that the defendant has successfully completed the pretrial 25 intervention program. 26 (d) Any entity, whether public or private, providing a 27 pretrial substance abuse education and treatment intervention 28 program under this subsection must contract with the county or 29 appropriate governmental entity, and the terms of the contract 30 must include, but need not be limited to, the requirements 31 established for private entities under s. 948.15(3). 22 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 (7) The chief judge in each circuit may appoint an 2 advisory committee for the pretrial intervention program 3 composed of the chief judge or his or her designee, who shall 4 serve as chair; the state attorney, the public defender, and 5 the program administrator, or their designees; and such other 6 persons as the chair deems appropriate. The advisory committee 7 may not designate any defendant eligible for a pretrial 8 intervention program for any offense that is not listed under 9 paragraph (6)(a) without the state attorney's recommendation 10 and approval. The committee may also include persons 11 representing any other agencies to which persons released to 12 the pretrial intervention program may be referred. 13 (7)(8) The department may contract for the services 14 and facilities necessary to operate pretrial intervention 15 programs. 16 Section 9. Section 948.16, Florida Statutes, is 17 amended to read: 18 948.16 Misdemeanor pretrial substance abuse education 19 and treatment intervention program.-- 20 (1)(a) A person who is charged with a misdemeanor for 21 possession of a controlled substance or drug paraphernalia 22 under chapter 893, and who has not previously been convicted 23 of a felony nor been admitted to a pretrial program, is 24 eligible for voluntary admission into a misdemeanor pretrial 25 substance abuse education and treatment intervention program, 26 including a treatment-based drug court program established 27 under s. 397.334, approved by the chief judge of the circuit, 28 for a period based on the program requirements and the 29 treatment plan for the offender, upon motion of either party 30 or the court's own motion, except, if the state attorney 31 believes the facts and circumstances of the case suggest the 23 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 defendant is involved in dealing and selling controlled 2 substances, the court shall hold a preadmission hearing. If 3 the state attorney establishes, by a preponderance of the 4 evidence at the such hearing, that the defendant was involved 5 in dealing or selling controlled substances, the court shall 6 deny the defendant's admission into the pretrial intervention 7 program. 8 (b) While enrolled in a pretrial intervention program 9 authorized by this section, the participant is subject to a 10 coordinated strategy developed by a drug court team under s. 11 397.334(3). The coordinated strategy must include a protocol 12 of sanctions which may be imposed upon the participant. The 13 protocol of sanctions must include as available options 14 placement in a secure licensed clinical or jail-based 15 treatment program or serving a period of incarceration for 16 noncompliance with program rules within the time limits 17 established for contempt of court. The coordinated strategy 18 must be given to the participant, in writing, before the 19 participant agrees to enter a pretrial treatment-based drug 20 court program, or other pretrial intervention program. 21 (2) At the end of the pretrial intervention period, 22 the court shall consider the recommendation of the treatment 23 program and the recommendation of the state attorney as to 24 disposition of the pending charges. The court shall determine, 25 by written finding, whether the defendant successfully 26 completed the pretrial intervention program. 27 (a) If the court finds that the defendant has not 28 successfully completed the pretrial intervention program, the 29 court may order the person to continue in education and 30 treatment or return the charges to the criminal docket for 31 prosecution. 24 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 (b) The court shall dismiss the charges upon finding 2 that the defendant has successfully completed the pretrial 3 intervention program. 4 (3) Any public or private entity providing a pretrial 5 substance abuse education and treatment program under this 6 section shall contract with the county or appropriate 7 governmental entity. The terms of the contract shall include, 8 but not be limited to, the requirements established for 9 private entities under s. 948.15(3). 10 Section 10. Section 985.306, Florida Statutes, is 11 amended to read: 12 985.306 Delinquency pretrial intervention program.-- 13 (1)(a) Notwithstanding any provision of law to the 14 contrary, a child who is charged under chapter 893 with a 15 felony of the second or third degree for purchase or 16 possession of a controlled substance, under chapter 893, 17 tampering with evidence, solicitation for purchase of a 18 controlled substance, or obtaining a prescription by fraud, 19 and who has not previously been adjudicated for a felony nor 20 been admitted to a delinquency pretrial intervention program 21 under this section, is eligible for voluntary admission into a 22 delinquency pretrial substance abuse education and treatment 23 intervention program, including a treatment-based drug court 24 program established under s. 397.334 approved by the chief 25 judge or alternative sanctions coordinator of the circuit to 26 the extent that funded programs are available, for a period 27 based on the program requirements and the treatment services 28 that are suitable for the child of not less than 1 year in 29 duration, upon motion of either party or the court's own 30 motion. If the state attorney believes that the facts and 31 circumstances of the case suggest the child's involvement in 25 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 the dealing and selling of controlled substances, the court 2 shall hold a preadmission hearing. If the state attorney 3 establishes by a preponderance of the evidence at such hearing 4 that the child was involved in the dealing and selling of 5 controlled substances, the court shall deny the child's 6 admission into a delinquency pretrial intervention program. 7 (2) A child is subject to a coordinated strategy 8 developed by a drug court team under s. 397.334(3) while 9 enrolled in a delinquency pretrial intervention program 10 authorized by this section. The coordinated strategy must 11 include a protocol of sanctions which may be imposed upon the 12 child. The protocol of sanctions must include as available 13 options placement in a secure licensed clinical facility or 14 placement in a secure detention facility under s. 985.216 for 15 noncompliance with program rules. The coordinated strategy 16 must be provided to the child in writing before the child 17 agrees to enter the pretrial treatment-based drug court 18 program or other pretrial intervention program. 19 (3)(b) At the end of the delinquency pretrial 20 intervention period, the court shall consider the 21 recommendation of the state attorney and the program 22 administrator as to disposition of the pending charges. The 23 court shall determine, by written finding, whether the child 24 has successfully completed the delinquency pretrial 25 intervention program. 26 (c)1. If the court finds that the child has not 27 successfully completed the delinquency pretrial intervention 28 program, the court may order the child to continue in an 29 education, treatment, or urine monitoring program if resources 30 and funding are available or order that the charges revert to 31 normal channels for prosecution. 26 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 2. The court may dismiss the charges upon a finding 2 that the child has successfully completed the delinquency 3 pretrial intervention program. 4 (4)(d) Any entity, whether public or private, 5 providing pretrial substance abuse education, treatment 6 intervention, and a urine monitoring program under this 7 section must contract with the county or appropriate 8 governmental entity, and the terms of the contract must 9 include, but need not be limited to, the requirements 10 established for private entities under s. 948.15(3). It is the 11 intent of the Legislature that public or private entities 12 providing substance abuse education and treatment intervention 13 programs involve the active participation of parents, schools, 14 churches, businesses, law enforcement agencies, and the 15 department or its contract providers. 16 (2) The chief judge in each circuit may appoint an 17 advisory committee for the delinquency pretrial intervention 18 program composed of the chief judge or designee, who shall 19 serve as chair; the state attorney, the public defender, and 20 the program administrator, or their designees; and such other 21 persons as the chair deems appropriate. The committee may 22 also include persons representing any other agencies to which 23 children released to the delinquency pretrial intervention 24 program may be referred. 25 Section 11. This act shall take effect upon becoming a 26 law. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 Delete everything before the enacting clause 27 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 and insert: 2 A bill to be entitled 3 An act relating to drug court programs; 4 amending s. 39.001, F.S.; providing additional 5 legislative purposes and intent with respect to 6 the treatment of substance abuse, including the 7 use of the drug court program model; 8 authorizing the court to require certain 9 persons to undergo treatment following 10 adjudication; providing that the court is not 11 precluded from ordering drug testing; amending 12 s. 39.407, F.S.; authorizing the court to order 13 specified persons to submit to a substance 14 abuse assessment upon a showing of good cause 15 in connection with a shelter petition or 16 petition for dependency; amending ss. 39.507 17 and 39.521, F.S.; authorizing the court to 18 order specified persons to submit to a 19 substance abuse assessment as part of an 20 adjudicatory order or under a disposition 21 hearing; requiring a showing of good cause; 22 authorizing the court to require participation 23 in a treatment-based drug court program; 24 authorizing the court to impose sanctions for 25 noncompliance; amending s. 39.701, F.S.; 26 authorizing the court to extend the time for 27 completing a case plan during judicial review, 28 based upon participation in a treatment-based 29 drug court program; amending s. 397.334, F.S.; 30 revising legislative intent with respect to 31 treatment-based drug court programs to reflect 28 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 participation by community support agencies, 2 the Department of Education, and other 3 individuals; including postadjudicatory 4 programs as part of treatment-based drug court 5 programs; providing requirements and sanctions, 6 including clinical placement or incarceration, 7 for the coordinated strategy developed by the 8 drug court team to encourage participant 9 compliance; requiring each judicial circuit to 10 establish a position for a coordinator of the 11 treatment-based drug court program, subject to 12 annual appropriation by the Legislature; 13 authorizing the chief judge of each judicial 14 circuit to appoint an advisory committee for 15 the treatment-based drug court program; 16 providing for membership of the committee; 17 revising provisions with respect to an annual 18 report; amending s. 910.035, F.S.; revising 19 provisions with respect to conditions for the 20 transfer of a case in the drug court treatment 21 program to a county other than that in which 22 the charge arose; amending ss. 948.08, 948.16, 23 and 985.306, F.S., relating to felony, 24 misdemeanor, and delinquency pretrial substance 25 abuse education and treatment intervention 26 programs; providing requirements and sanctions, 27 including clinical placement or incarceration, 28 for the coordinated strategy developed by the 29 drug court team to encourage participant 30 compliance and removing provisions authorizing 31 the appointment of an advisory committee, to 29 3:09 PM 04/08/05 s0184c1d-ju38-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 184 Barcode 892654 1 conform to changes made by the act; providing 2 an effective date. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 30 3:09 PM 04/08/05 s0184c1d-ju38-c8u