Senate Bill sb0184c1

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    Florida Senate - 2005                            CS for SB 184

    By the Committee on Children and Families; and Senator Lynn





    586-1031-05

  1                      A bill to be entitled

  2         An act relating to drug court programs;

  3         amending s. 39.001, F.S.; providing additional

  4         legislative purposes and intent with respect to

  5         the treatment of substance abuse, including the

  6         use of the drug court program model;

  7         authorizing the court to require certain

  8         persons to undergo treatment following

  9         adjudication; providing that the court is not

10         precluded from ordering drug testing; amending

11         ss. 39.402 and 39.407, F.S.; authorizing the

12         court to order specified persons to submit to a

13         substance abuse assessment upon a showing of

14         good cause in connection with a shelter hearing

15         or petition for dependency; amending ss. 39.507

16         and 39.521, F.S.; authorizing the court to

17         order specified persons to submit to a

18         substance abuse assessment as part of an

19         adjudicatory order or pursuant to a disposition

20         hearing; requiring a showing of good cause;

21         authorizing the court to require participation

22         in a treatment-based drug court program;

23         authorizing the court to impose sanctions for

24         noncompliance; amending s. 39.701, F.S.;

25         authorizing the court to extend the time for

26         completing a case plan during judicial review,

27         based upon participation in a treatment-based

28         drug court program; amending s. 397.334, F.S.;

29         revising legislative intent with respect to

30         treatment-based drug court programs to reflect

31         participation by community support agencies,

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 1         the Department of Education, and other

 2         individuals; including postadjudicatory

 3         programs as part of treatment-based drug court

 4         programs; providing requirements and sanctions,

 5         including clinical placement or incarceration,

 6         for the coordinated strategy developed by the

 7         drug court team to encourage participant

 8         compliance; requiring each judicial circuit to

 9         establish a position for a coordinator of the

10         treatment-based drug court program, subject to

11         annual appropriation by the Legislature;

12         authorizing the chief judge of each judicial

13         circuit to appoint an advisory committee for

14         the treatment-based drug court program;

15         providing for membership of the committee;

16         revising provisions with respect to an annual

17         report; amending s. 910.035, F.S.; revising

18         provisions with respect to conditions for the

19         transfer of a case in the drug court treatment

20         program to a county other than that in which

21         the charge arose; amending ss. 948.08, 948.16,

22         and 985.306, F.S., relating to felony,

23         misdemeanor, and delinquency pretrial substance

24         abuse education and treatment intervention

25         programs; providing requirements and sanctions,

26         including clinical placement or incarceration,

27         for the coordinated strategy developed by the

28         drug court team to encourage participant

29         compliance and removing provisions authorizing

30         appointment of an advisory committee, to

31  

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 1         conform to changes made by the act; providing

 2         an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Subsection (4) of section 39.001, Florida

 7  Statutes, is amended to read:

 8         39.001  Purposes and intent; personnel standards and

 9  screening.--

10         (4)  SUBSTANCE ABUSE SERVICES.--

11         (a)  The Legislature recognizes that substance abuse is

12  a primary cause of the dramatic rise in cases of child abuse

13  and neglect, immeasurably increases the complexity of cases in

14  the dependency system, severely compromises or destroys the

15  ability of parents to provide a safe and nurturing home for

16  children, and severely confounds the dependency system's

17  ability to protect children. The Legislature also recognizes

18  that early referral and comprehensive treatment can help

19  combat substance abuse in families and that treatment is cost

20  effective. The Legislature further recognizes that

21  treatment-based drug court program models that integrate

22  judicial supervision, treatment, accountability, sanctions,

23  and community support greatly increase the effectiveness of

24  substance abuse treatment and reduce the number of cases of

25  child abuse and neglect.

26         (b)  The substance abuse treatment and family safety

27  programs of the Department of Children and Family Services

28  have identified the following goals for the state:

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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 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  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 court to support the drug court program model by assessing

21  parents and children to identify and address substance abuse

22  problems as the court deems appropriate at every stage of the

23  dependency process. Participation in treatment, including a

24  treatment-based drug court program, may be required by the

25  court following adjudication. This subsection does not prevent

26  a child's parents and, when appropriate, the legal custodian

27  from voluntarily entering treatment, including a

28  treatment-based drug court program, at the earliest stage of

29  the process. Nothing in this subsection precludes a court from

30  ordering drug testing where substance abuse is suspected to

31  

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 1  determine the safety of the placement of a child with a

 2  caretaker.

 3         (e)  It is therefore the purpose of the Legislature to

 4  provide authority for the state to contract with community

 5  substance abuse treatment providers for the development and

 6  operation of specialized support and overlay services for the

 7  dependency system, which will be fully implemented and used

 8  utilized as resources permit.

 9         (f)  It is the intent of the Legislature to encourage

10  the Department of Children and Family Services, in conjunction

11  with community agencies; treatment-based facilities;

12  facilities dedicated to child welfare, child development, and

13  mental health services; the Department of Health; other

14  similar agencies; local governments; law enforcement agencies;

15  and other interested public or private sources to support the

16  drug court program model. Participation in the treatment-based

17  drug court program does not divest any public or private

18  agency of its responsibility for a child or adult, but enables

19  these agencies to better meet their needs through shared

20  responsibility and resources.

21         Section 2.  Subsections (11) through (16) of section

22  39.402, Florida Statutes, are renumbered as subsections (12)

23  through (17), respectively, and a new subsection (11) is added

24  to that section to read:

25         39.402  Placement in a shelter.--

26         (11)  At the shelter hearing, the court may order the

27  child or the child's parent, caregiver, legal custodian, or

28  other person requesting custody of the child to submit to a

29  substance abuse assessment or evaluation. The assessment or

30  evaluation must be administered by a qualified professional,

31  

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 1  as defined in s. 397.311. The order may be made only upon good

 2  cause shown.

 3         Section 3.  Section 39.407, Florida Statutes, is

 4  amended to read:

 5         39.407  Medical, psychiatric, and psychological

 6  examination and treatment of child; physical, or mental, or

 7  substance abuse examination of parent or person requesting

 8  custody of child.--

 9         (1)  When any child is removed from the home and

10  maintained in an out-of-home placement, the department is

11  authorized to have a medical screening performed on the child

12  without authorization from the court and without consent from

13  a parent or legal custodian. Such medical screening shall be

14  performed by a licensed health care professional and shall be

15  to examine the child for injury, illness, and communicable

16  diseases and to determine the need for immunization. The

17  department shall by rule establish the invasiveness of the

18  medical procedures authorized to be performed under this

19  subsection. In no case does this subsection authorize the

20  department to consent to medical treatment for such children.

21         (2)  When the department has performed the medical

22  screening authorized by subsection (1), or when it is

23  otherwise determined by a licensed health care professional

24  that a child who is in an out-of-home placement, but who has

25  not been committed to the department, is in need of medical

26  treatment, including the need for immunization, consent for

27  medical treatment shall be obtained in the following manner:

28         (a)1.  Consent to medical treatment shall be obtained

29  from a parent or legal custodian of the child; or

30         2.  A court order for such treatment shall be obtained.

31  

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 1         (b)  If a parent or legal custodian of the child is

 2  unavailable and his or her whereabouts cannot be reasonably

 3  ascertained, and it is after normal working hours so that a

 4  court order cannot reasonably be obtained, an authorized agent

 5  of the department shall have the authority to consent to

 6  necessary medical treatment, including immunization, for the

 7  child. The authority of the department to consent to medical

 8  treatment in this circumstance shall be limited to the time

 9  reasonably necessary to obtain court authorization.

10         (c)  If a parent or legal custodian of the child is

11  available but refuses to consent to the necessary treatment,

12  including immunization, a court order shall be required unless

13  the situation meets the definition of an emergency in s.

14  743.064 or the treatment needed is related to suspected abuse,

15  abandonment, or neglect of the child by a parent, caregiver,

16  or legal custodian. In such case, the department shall have

17  the authority to consent to necessary medical treatment. This

18  authority is limited to the time reasonably necessary to

19  obtain court authorization.

20  

21  In no case shall the department consent to sterilization,

22  abortion, or termination of life support.

23         (3)(a)  A judge may order a child in an out-of-home

24  placement to be examined by a licensed health care

25  professional.

26         (b)  The judge may also order such child to be

27  evaluated by a psychiatrist or a psychologist or, if a

28  developmental disability is suspected or alleged, by the

29  developmental disability diagnostic and evaluation team of the

30  department. If it is necessary to place a child in a

31  residential facility for such evaluation, the criteria and

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 1  procedure established in s. 394.463(2) or chapter 393 shall be

 2  used, whichever is applicable.

 3         (c)  The judge may also order such child to be

 4  evaluated by a district school board educational needs

 5  assessment team. The educational needs assessment provided by

 6  the district school board educational needs assessment team

 7  shall include, but not be limited to, reports of intelligence

 8  and achievement tests, screening for learning disabilities and

 9  other handicaps, and screening for the need for alternative

10  education as defined in s. 1001.42.

11         (4)  A judge may order a child in an out-of-home

12  placement to be treated by a licensed health care professional

13  based on evidence that the child should receive treatment. The

14  judge may also order such child to receive mental health or

15  developmental disabilities services from a psychiatrist,

16  psychologist, or other appropriate service provider. Except as

17  provided in subsection (5), if it is necessary to place the

18  child in a residential facility for such services, the

19  procedures and criteria established in s. 394.467 or chapter

20  393 shall be used, whichever is applicable. A child may be

21  provided developmental disabilities or mental health services

22  in emergency situations, pursuant to the procedures and

23  criteria contained in s. 394.463(1) or chapter 393, whichever

24  is applicable.

25         (5)  Children who are in the legal custody of the

26  department may be placed by the department, without prior

27  approval of the court, in a residential treatment center

28  licensed under s. 394.875 or a hospital licensed under chapter

29  395 for residential mental health treatment only pursuant to

30  this section or may be placed by the court in accordance with

31  an order of involuntary examination or involuntary placement

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 1  entered pursuant to s. 394.463 or s. 394.467. All children

 2  placed in a residential treatment program under this

 3  subsection must have a guardian ad litem appointed.

 4         (a)  As used in this subsection, the term:

 5         1.  "Residential treatment" means placement for

 6  observation, diagnosis, or treatment of an emotional

 7  disturbance in a residential treatment center licensed under

 8  s. 394.875 or a hospital licensed under chapter 395.

 9         2.  "Least restrictive alternative" means the treatment

10  and conditions of treatment that, separately and in

11  combination, are no more intrusive or restrictive of freedom

12  than reasonably necessary to achieve a substantial therapeutic

13  benefit or to protect the child or adolescent or others from

14  physical injury.

15         3.  "Suitable for residential treatment" or

16  "suitability" means a determination concerning a child or

17  adolescent with an emotional disturbance as defined in s.

18  394.492(5) or a serious emotional disturbance as defined in s.

19  394.492(6) that each of the following criteria is met:

20         a.  The child requires residential treatment.

21         b.  The child is in need of a residential treatment

22  program and is expected to benefit from mental health

23  treatment.

24         c.  An appropriate, less restrictive alternative to

25  residential treatment is unavailable.

26         (b)  Whenever the department believes that a child in

27  its legal custody is emotionally disturbed and may need

28  residential treatment, an examination and suitability

29  assessment must be conducted by a qualified evaluator who is

30  appointed by the Agency for Health Care Administration. This

31  suitability assessment must be completed before the placement

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 1  of the child in a residential treatment center for emotionally

 2  disturbed children and adolescents or a hospital. The

 3  qualified evaluator must be a psychiatrist or a psychologist

 4  licensed in Florida who has at least 3 years of experience in

 5  the diagnosis and treatment of serious emotional disturbances

 6  in children and adolescents and who has no actual or perceived

 7  conflict of interest with any inpatient facility or

 8  residential treatment center or program.

 9         (c)  Before a child is admitted under this subsection,

10  the child shall be assessed for suitability for residential

11  treatment by a qualified evaluator who has conducted a

12  personal examination and assessment of the child and has made

13  written findings that:

14         1.  The child appears to have an emotional disturbance

15  serious enough to require residential treatment and is

16  reasonably likely to benefit from the treatment.

17         2.  The child has been provided with a clinically

18  appropriate explanation of the nature and purpose of the

19  treatment.

20         3.  All available modalities of treatment less

21  restrictive than residential treatment have been considered,

22  and a less restrictive alternative that would offer comparable

23  benefits to the child is unavailable.

24  

25  A copy of the written findings of the evaluation and

26  suitability assessment must be provided to the department and

27  to the guardian ad litem, who shall have the opportunity to

28  discuss the findings with the evaluator.

29         (d)  Immediately upon placing a child in a residential

30  treatment program under this section, the department must

31  notify the guardian ad litem and the court having jurisdiction

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 1  over the child and must provide the guardian ad litem and the

 2  court with a copy of the assessment by the qualified

 3  evaluator.

 4         (e)  Within 10 days after the admission of a child to a

 5  residential treatment program, the director of the residential

 6  treatment program or the director's designee must ensure that

 7  an individualized plan of treatment has been prepared by the

 8  program and has been explained to the child, to the

 9  department, and to the guardian ad litem, and submitted to the

10  department. The child must be involved in the preparation of

11  the plan to the maximum feasible extent consistent with his or

12  her ability to understand and participate, and the guardian ad

13  litem and the child's foster parents must be involved to the

14  maximum extent consistent with the child's treatment needs.

15  The plan must include a preliminary plan for residential

16  treatment and aftercare upon completion of residential

17  treatment. The plan must include specific behavioral and

18  emotional goals against which the success of the residential

19  treatment may be measured. A copy of the plan must be provided

20  to the child, to the guardian ad litem, and to the department.

21         (f)  Within 30 days after admission, the residential

22  treatment program must review the appropriateness and

23  suitability of the child's placement in the program. The

24  residential treatment program must determine whether the child

25  is receiving benefit toward the treatment goals and whether

26  the child could be treated in a less restrictive treatment

27  program. The residential treatment program shall prepare a

28  written report of its findings and submit the report to the

29  guardian ad litem and to the department. The department must

30  submit the report to the court. The report must include a

31  discharge plan for the child. The residential treatment

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 1  program must continue to evaluate the child's treatment

 2  progress every 30 days thereafter and must include its

 3  findings in a written report submitted to the department. The

 4  department may not reimburse a facility until the facility has

 5  submitted every written report that is due.

 6         (g)1.  The department must submit, at the beginning of

 7  each month, to the court having jurisdiction over the child, a

 8  written report regarding the child's progress toward achieving

 9  the goals specified in the individualized plan of treatment.

10         2.  The court must conduct a hearing to review the

11  status of the child's residential treatment plan no later than

12  3 months after the child's admission to the residential

13  treatment program. An independent review of the child's

14  progress toward achieving the goals and objectives of the

15  treatment plan must be completed by a qualified evaluator and

16  submitted to the court before its 3-month review.

17         3.  For any child in residential treatment at the time

18  a judicial review is held pursuant to s. 39.701, the child's

19  continued placement in residential treatment must be a subject

20  of the judicial review.

21         4.  If at any time the court determines that the child

22  is not suitable for continued residential treatment, the court

23  shall order the department to place the child in the least

24  restrictive setting that is best suited to meet his or her

25  needs.

26         (h)  After the initial 3-month review, the court must

27  conduct a review of the child's residential treatment plan

28  every 90 days.

29         (i)  The department must adopt rules for implementing

30  timeframes for the completion of suitability assessments by

31  qualified evaluators and a procedure that includes timeframes

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 1  for completing the 3-month independent review by the qualified

 2  evaluators of the child's progress toward achieving the goals

 3  and objectives of the treatment plan which review must be

 4  submitted to the court. The Agency for Health Care

 5  Administration must adopt rules for the registration of

 6  qualified evaluators, the procedure for selecting the

 7  evaluators to conduct the reviews required under this section,

 8  and a reasonable, cost-efficient fee schedule for qualified

 9  evaluators.

10         (6)  When a child is in an out-of-home placement, a

11  licensed health care professional shall be immediately called

12  if there are indications of physical injury or illness, or the

13  child shall be taken to the nearest available hospital for

14  emergency care.

15         (7)  Except as otherwise provided herein, nothing in

16  this section shall be deemed to eliminate the right of a

17  parent, legal custodian, or the child to consent to

18  examination or treatment for the child.

19         (8)  Except as otherwise provided herein, nothing in

20  this section shall be deemed to alter the provisions of s.

21  743.064.

22         (9)  A court shall not be precluded from ordering

23  services or treatment to be provided to the child by a duly

24  accredited practitioner who relies solely on spiritual means

25  for healing in accordance with the tenets and practices of a

26  church or religious organization, when required by the child's

27  health and when requested by the child.

28         (10)  Nothing in this section shall be construed to

29  authorize the permanent sterilization of the child unless such

30  sterilization is the result of or incidental to medically

31  

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 1  necessary treatment to protect or preserve the life of the

 2  child.

 3         (11)  For the purpose of obtaining an evaluation or

 4  examination, or receiving treatment as authorized pursuant to

 5  this section, no child alleged to be or found to be dependent

 6  shall be placed in a detention home or other program used

 7  primarily for the care and custody of children alleged or

 8  found to have committed delinquent acts.

 9         (12)  The parents or legal custodian of a child in an

10  out-of-home placement remain financially responsible for the

11  cost of medical treatment provided to the child even if either

12  one or both of the parents or if the legal custodian did not

13  consent to the medical treatment. After a hearing, the court

14  may order the parents or legal custodian, if found able to do

15  so, to reimburse the department or other provider of medical

16  services for treatment provided.

17         (13)  Nothing in this section alters the authority of

18  the department to consent to medical treatment for a dependent

19  child when the child has been committed to the department and

20  the department has become the legal custodian of the child.

21         (14)  At any time after the filing of a shelter

22  petition or petition for dependency, when the mental or

23  physical condition, including the blood group, of a parent,

24  caregiver, legal custodian, or other person requesting custody

25  of a child is in controversy, the court may order the person

26  to submit to a physical or mental examination by a qualified

27  professional. The order may be made only upon good cause shown

28  and pursuant to notice and procedures as set forth by the

29  Florida Rules of Juvenile Procedure.

30         (15)  At any time after a shelter petition or petition

31  for dependency is filed, the court may order a child or the

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 1  child's parent, caregiver, legal custodian, or other person

 2  requesting custody of the child, if it has not already done

 3  so, to submit to a substance abuse assessment and evaluation.

 4  The assessment or evaluation must be administered by a

 5  qualified professional, as defined in s. 397.311. The order

 6  may be made only upon good cause shown.

 7         Section 4.  Subsection (9) is added to section 39.507,

 8  Florida Statutes, to read:

 9         39.507  Adjudicatory hearings; orders of

10  adjudication.--

11         (9)  The court may order a child or the child's parent,

12  caregiver, legal custodian, or other person requesting custody

13  of the child, if it has not already done so, to submit to a

14  substance abuse assessment or evaluation. The assessment or

15  evaluation must be administered by a qualified professional,

16  as defined in s. 397.311. The court may also require such

17  person to participate in and comply with treatment and

18  services identified as necessary, including, when appropriate

19  and available, participation in and compliance with a

20  treatment-based drug court program. The court, including the

21  treatment-based drug court program, shall oversee the progress

22  and compliance with treatment by the child or the child's

23  parent, legal custodian, caregiver, or other person requesting

24  custody of the child and shall impose appropriate available

25  sanctions for noncompliance upon the child or the child's

26  parent, legal custodian, caregiver, or other person requesting

27  custody of the child. Any order entered under this subsection

28  may be made only upon good cause shown.

29         Section 5.  Paragraph (b) of subsection (1) of section

30  39.521, Florida Statutes, is amended to read:

31         39.521  Disposition hearings; powers of disposition.--

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 1         (1)  A disposition hearing shall be conducted by the

 2  court, if the court finds that the facts alleged in the

 3  petition for dependency were proven in the adjudicatory

 4  hearing, or if the parents or legal custodians have consented

 5  to the finding of dependency or admitted the allegations in

 6  the petition, have failed to appear for the arraignment

 7  hearing after proper notice, or have not been located despite

 8  a diligent search having been conducted.

 9         (b)  When any child is adjudicated by a court to be

10  dependent, the court having jurisdiction of the child has the

11  power by order to:

12         1.  Require the parent and, when appropriate, the legal

13  custodian and the child, to participate in treatment and

14  services identified as necessary. The court may require a

15  child or the child's parent, caregiver, legal custodian, or

16  other person requesting custody of the child to submit to a

17  substance abuse assessment or evaluation. The assessment or

18  evaluation must be administered by a qualified professional,

19  as defined in s. 397.311. The court may also require such

20  person to participate in and comply with treatment and

21  services identified as necessary, including participation in

22  and compliance with a treatment-based drug court program, when

23  appropriate and if available. The court, including the

24  treatment-based drug court program, shall oversee the progress

25  and compliance with treatment by the child or the child's

26  parent, legal custodian, caregiver, or other person requesting

27  custody of the child and shall impose appropriate available

28  sanctions for noncompliance upon the child or the child's

29  parent, legal custodian, caregiver, or other person requesting

30  custody of the child. Any order entered under this

31  subparagraph may be made only upon good cause shown.

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 1         2.  Require, if the court deems necessary, the parties

 2  to participate in dependency mediation.

 3         3.  Require placement of the child either under the

 4  protective supervision of an authorized agent of the

 5  department in the home of one or both of the child's parents

 6  or in the home of a relative of the child or another adult

 7  approved by the court, or in the custody of the department.

 8  Protective supervision continues until the court terminates it

 9  or until the child reaches the age of 18, whichever date is

10  first. Protective supervision shall be terminated by the court

11  whenever the court determines that permanency has been

12  achieved for the child, whether with a parent, another

13  relative, or a legal custodian, and that protective

14  supervision is no longer needed. The termination of

15  supervision may be with or without retaining jurisdiction, at

16  the court's discretion, and shall in either case be considered

17  a permanency option for the child. The order terminating

18  supervision by the department shall set forth the powers of

19  the custodian of the child and shall include the powers

20  ordinarily granted to a guardian of the person of a minor

21  unless otherwise specified. Upon the court's termination of

22  supervision by the department, no further judicial reviews are

23  required, so long as permanency has been established for the

24  child.

25         Section 6.  Paragraph (d) of subsection (9) of section

26  39.701, Florida Statutes, is amended to read:

27         39.701  Judicial review.--

28         (9)

29         (d)  The court may extend the time limitation of the

30  case plan, or may modify the terms of the plan, which, in

31  addition to other modifications, may include a requirement

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 1  that the parent, foster parent, or legal custodian participate

 2  in a treatment-based drug court program, based upon

 3  information provided by the social service agency, and the

 4  guardian ad litem, if one has been appointed, the parent or

 5  parents, and the foster parents or legal custodian, and any

 6  other competent information on record demonstrating the need

 7  for the amendment. If the court extends the time limitation of

 8  the case plan, the court must make specific findings

 9  concerning the frequency of past parent-child visitation, if

10  any, and the court may authorize the expansion or restriction

11  of future visitation. Modifications to the plan must be

12  handled as prescribed in s. 39.601. Any extension of a case

13  plan must comply with the time requirements and other

14  requirements specified by this chapter.

15         Section 7.  Section 397.334, Florida Statutes, is

16  amended to read:

17         397.334  Treatment-based drug court programs.--

18         (1)  Each county may fund a treatment-based drug court

19  program under which persons in the justice system assessed

20  with a substance abuse problem will be processed in such a

21  manner as to appropriately address the severity of the

22  identified substance abuse problem through treatment services

23  plans tailored to the individual needs of the participant. It

24  is the intent of the Legislature to encourage the Department

25  of Corrections, the Department of Children and Family

26  Services, the Department of Juvenile Justice, the Department

27  of Health, the Department of Law Enforcement, the Department

28  of Education, and such other agencies, local governments, law

29  enforcement agencies, and other interested public or private

30  sources, and individuals to support the creation and

31  establishment of these problem-solving court programs.

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 1  Participation in the treatment-based drug court programs does

 2  not divest any public or private agency of its responsibility

 3  for a child or adult, but enables allows these agencies to

 4  better meet their needs through shared responsibility and

 5  resources.

 6         (2)  The treatment-based drug court programs shall

 7  include therapeutic jurisprudence principles and adhere to the

 8  following 10 key components, recognized by the Drug Courts

 9  Program Office of the Office of Justice Programs of the United

10  States Department of Justice and adopted by the Florida

11  Supreme Court Treatment-Based Drug Court Steering Committee:

12         (a)  Drug court programs integrate alcohol and other

13  drug treatment services with justice system case processing.

14         (b)  Using a nonadversarial approach, prosecution and

15  defense counsel promote public safety while protecting

16  participants' due process rights.

17         (c)  Eligible participants are identified early and

18  promptly placed in the drug court program.

19         (d)  Drug court programs provide access to a continuum

20  of alcohol, drug, and other related treatment and

21  rehabilitation services.

22         (e)  Abstinence is monitored by frequent testing for

23  alcohol and other drugs.

24         (f)  A coordinated strategy governs drug court program

25  responses to participants' compliance.

26         (g)  Ongoing judicial interaction with each drug court

27  program participant is essential.

28         (h)  Monitoring and evaluation measure the achievement

29  of program goals and gauge program effectiveness.

30  

31  

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 1         (i)  Continuing interdisciplinary education promotes

 2  effective drug court program planning, implementation, and

 3  operations.

 4         (j)  Forging partnerships among drug court programs,

 5  public agencies, and community-based organizations generates

 6  local support and enhances drug court program effectiveness.

 7         (3)  Treatment-based drug court programs may include

 8  pretrial intervention programs as provided in ss. 948.08,

 9  948.16, and 985.306, postadjudicatory programs, and the

10  monitoring of sentenced offenders through a treatment-based

11  drug court program. Supervision may also be provided for

12  offenders who transfer from jail or a prison-based treatment

13  program into the community. While enrolled in any pretrial

14  intervention program, the participant is subject to a

15  coordinated strategy developed by the drug court team under

16  paragraph (2)(f). Each coordinated strategy must include a

17  protocol of sanctions that may be imposed upon the

18  participant. The protocol of sanctions must include as

19  available options placement in a secure licensed clinical or

20  jail-based treatment program or serving a period of

21  incarceration for noncompliance with program rules within the

22  limits established for contempt of court. The coordinated

23  strategy must be provided in writing to the participant at the

24  time the participant enters into a pretrial drug court

25  program.

26         (4)  Contingent upon an annual appropriation by the

27  Legislature, each judicial circuit shall establish, at a

28  minimum, one coordinator position for the treatment-based drug

29  court program within the state courts system to coordinate the

30  responsibilities of the participating agencies and service

31  providers. Each coordinator shall provide direct support to

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 1  the treatment-based drug court program by providing

 2  coordination between the multidisciplinary team and the

 3  judiciary, providing case management, monitoring compliance of

 4  the participants in the treatment-based drug court program

 5  with court requirements, and providing program evaluation and

 6  accountability.

 7         (5)(4)(a)  The Florida Association of Drug Court

 8  Program Professionals is created. The membership of the

 9  association may consist of treatment-based drug court program

10  practitioners who comprise the multidisciplinary

11  treatment-based drug court program team, including, but not

12  limited to, judges, state attorneys, defense counsel, drug

13  court program coordinators, probation officers, law

14  enforcement officers, community representatives, members of

15  the academic community, and treatment professionals.

16  Membership in the association shall be voluntary.

17         (b)  The association shall annually elect a chair whose

18  duty is to solicit recommendations from members on issues

19  relating to the expansion, operation, and institutionalization

20  of treatment-based drug court programs. The chair is

21  responsible for providing on or before October 1 of each year

22  the association's recommendations and an annual report to the

23  appropriate Supreme Court Treatment-Based Drug Court Steering

24  committee or to the appropriate personnel of the Office of the

25  State Courts Administrator, and shall submit a report each

26  year, on or before October 1, to the steering committee.

27         (6)(5)  If a county chooses to fund a treatment-based

28  drug court program, the county must secure funding from

29  sources other than the state for those costs not otherwise

30  assumed by the state pursuant to s. 29.004. However, this does

31  not preclude counties from using treatment and other service

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 1  dollars provided through state executive branch agencies.

 2  Counties may provide, by interlocal agreement, for the

 3  collective funding of these programs.

 4         (7)  The chief judge of each judicial circuit may

 5  appoint an advisory committee for the treatment-based drug

 6  court program. The committee shall be composed of the chief

 7  judge, or his or her designee, who shall serve as chair; the

 8  judge of the treatment-based drug court program, if not

 9  otherwise designated by the chief judge as his or her

10  designee; the state attorney, or his or her designee; the

11  public defender, or his or her designee; the treatment-based

12  drug court program coordinators; community representatives;

13  treatment representatives; and any other persons the chair

14  finds are appropriate.

15         Section 8.  Paragraphs (b) and (e) of subsection (5) of

16  section 910.035, Florida Statutes, are amended to read:

17         910.035  Transfer from county for plea and sentence.--

18         (5)  Any person eligible for participation in a drug

19  court treatment program pursuant to s. 948.08(6) may be

20  eligible to have the case transferred to a county other than

21  that in which the charge arose if the drug court program

22  agrees and if the following conditions are met:

23         (b)  If approval for transfer is received from all

24  parties, the trial court shall accept a plea of nolo

25  contendere and enter a transfer order directing the clerk to

26  transfer the case to the county which has accepted the

27  defendant into its drug court program.

28         (e)  Upon successful completion of the drug court

29  program, the jurisdiction to which the case has been

30  transferred shall dispose of the case pursuant to s.

31  948.08(6). If the defendant does not complete the drug court

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 1  program successfully, the jurisdiction to which the case has

 2  been transferred shall dispose of the case within the

 3  guidelines of the Criminal Punishment Code case shall be

 4  prosecuted as determined by the state attorneys of the sending

 5  and receiving counties.

 6         Section 9.  Subsections (6), (7), and (8) of section

 7  948.08, Florida Statutes, are amended to read:

 8         948.08  Pretrial intervention program.--

 9         (6)(a)  Notwithstanding any provision of this section,

10  a person who is charged with a felony of the second or third

11  degree for purchase or possession of a controlled substance

12  under chapter 893, prostitution, tampering with evidence,

13  solicitation for purchase of a controlled substance, or

14  obtaining a prescription by fraud; who has not been charged

15  with a crime involving violence, including, but not limited

16  to, murder, sexual battery, robbery, carjacking, home-invasion

17  robbery, or any other crime involving violence; and who has

18  not previously been convicted of a felony nor been admitted to

19  a felony pretrial program referred to in this section is

20  eligible for admission into a pretrial substance abuse

21  education and treatment intervention program approved by the

22  chief judge of the circuit, for a period of not less than 1

23  year in duration, upon motion of either party or the court's

24  own motion, except:

25         1.  If a defendant was previously offered admission to

26  a pretrial substance abuse education and treatment

27  intervention program at any time prior to trial and the

28  defendant rejected that offer on the record, then the court or

29  the state attorney may deny the defendant's admission to such

30  a program.

31  

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 1         2.  If the state attorney believes that the facts and

 2  circumstances of the case suggest the defendant's involvement

 3  in the dealing and selling of controlled substances, the court

 4  shall hold a preadmission hearing. If the state attorney

 5  establishes, by a preponderance of the evidence at such

 6  hearing, that the defendant was involved in the dealing or

 7  selling of controlled substances, the court shall deny the

 8  defendant's admission into a pretrial intervention program.

 9         (b)  While enrolled in a pretrial intervention program

10  authorized by this section, the participant is subject to a

11  coordinated strategy developed by a drug court team under s.

12  397.334(2). The coordinated strategy must include a protocol

13  of sanctions that may be imposed upon the participant. The

14  protocol of sanctions must include as available options

15  placement in a secure licensed clinical or jail-based

16  treatment program or serving a period of incarceration for

17  noncompliance with program rules within the limits established

18  for contempt of court. The coordinated strategy must be

19  provided in writing to the participant at the time the

20  participant enters into a pretrial drug court program.

21         (c)(b)  At the end of the pretrial intervention period,

22  the court shall consider the recommendation of the

23  administrator pursuant to subsection (5) and the

24  recommendation of the state attorney as to disposition of the

25  pending charges. The court shall determine, by written

26  finding, whether the defendant has successfully completed the

27  pretrial intervention program.

28         (c)1.  If the court finds that the defendant has not

29  successfully completed the pretrial intervention program, the

30  court may order the person to continue in education and

31  treatment, which may include secure licensed clinical or

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 1  jail-based treatment programs, or order that the charges

 2  revert to normal channels for prosecution.

 3         2.  The court shall dismiss the charges upon a finding

 4  that the defendant has successfully completed the pretrial

 5  intervention program.

 6         (d)  Any entity, whether public or private, providing a

 7  pretrial substance abuse education and treatment intervention

 8  program under this subsection must contract with the county or

 9  appropriate governmental entity, and the terms of the contract

10  must include, but need not be limited to, the requirements

11  established for private entities under s. 948.15(3).

12         (7)  The chief judge in each circuit may appoint an

13  advisory committee for the pretrial intervention program

14  composed of the chief judge or his or her designee, who shall

15  serve as chair; the state attorney, the public defender, and

16  the program administrator, or their designees; and such other

17  persons as the chair deems appropriate. The advisory committee

18  may not designate any defendant eligible for a pretrial

19  intervention program for any offense that is not listed under

20  paragraph (6)(a) without the state attorney's recommendation

21  and approval. The committee may also include persons

22  representing any other agencies to which persons released to

23  the pretrial intervention program may be referred. 

24         (7)(8)  The department may contract for the services

25  and facilities necessary to operate pretrial intervention

26  programs.

27         Section 10.  Section 948.16, Florida Statutes, is

28  amended to read:

29         948.16  Misdemeanor pretrial substance abuse education

30  and treatment intervention program.--

31  

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 1         (1)(a)  A person who is charged with a misdemeanor for

 2  possession of a controlled substance or drug paraphernalia

 3  under chapter 893, and who has not previously been convicted

 4  of a felony nor been admitted to a pretrial program, is

 5  eligible for admission into a misdemeanor pretrial substance

 6  abuse education and treatment intervention program approved by

 7  the chief judge of the circuit, for a period based on the

 8  program requirements and the treatment plan for the offender,

 9  upon motion of either party or the court's own motion, except,

10  if the state attorney believes the facts and circumstances of

11  the case suggest the defendant is involved in dealing and

12  selling controlled substances, the court shall hold a

13  preadmission hearing. If the state attorney establishes, by a

14  preponderance of the evidence at such hearing, that the

15  defendant was involved in dealing or selling controlled

16  substances, the court shall deny the defendant's admission

17  into the pretrial intervention program.

18         (b)  While enrolled in a pretrial intervention program

19  authorized by this section, the participant is subject to a

20  coordinated strategy developed by a drug court team under s.

21  397.334(2). The coordinated strategy must include a protocol

22  of sanctions that may be imposed upon the participant. The

23  protocol of sanctions must include as available options

24  placement in a secure licensed clinical or jail-based

25  treatment program or serving a period of incarceration for

26  noncompliance with program rules within the limits established

27  for contempt of court. The coordinated strategy must be

28  provided in writing to the participant at the time the

29  participant enters into a pretrial drug court program.

30         (2)  At the end of the pretrial intervention period,

31  the court shall consider the recommendation of the treatment

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 1  program and the recommendation of the state attorney as to

 2  disposition of the pending charges. The court shall determine,

 3  by written finding, whether the defendant successfully

 4  completed the pretrial intervention program.

 5         (a)  If the court finds that the defendant has not

 6  successfully completed the pretrial intervention program, the

 7  court may order the person to continue in education and

 8  treatment or return the charges to the criminal docket for

 9  prosecution.

10         (b)  The court shall dismiss the charges upon finding

11  that the defendant has successfully completed the pretrial

12  intervention program.

13         (3)  Any public or private entity providing a pretrial

14  substance abuse education and treatment program under this

15  section shall contract with the county or appropriate

16  governmental entity. The terms of the contract shall include,

17  but not be limited to, the requirements established for

18  private entities under s. 948.15(3).

19         Section 11.  Section 985.306, Florida Statutes, is

20  amended to read:

21         985.306  Delinquency pretrial intervention program.--

22         (1)(a)  Notwithstanding any provision of law to the

23  contrary, a child who is charged under chapter 893 with a

24  felony of the second or third degree for purchase or

25  possession of a controlled substance under chapter 893;

26  tampering with evidence; solicitation for purchase of a

27  controlled substance; or obtaining a prescription by fraud,

28  and who has not previously been adjudicated for a felony nor

29  been admitted to a delinquency pretrial intervention program

30  under this section, is eligible for admission into a

31  delinquency pretrial substance abuse education and treatment

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 1  intervention program approved by the chief judge or

 2  alternative sanctions coordinator of the circuit to the extent

 3  that funded programs are available, for a period based on the

 4  program requirements and the treatment services that are

 5  suitable for the offender of not less than 1 year in duration,

 6  upon motion of either party or the court's own motion. If the

 7  state attorney believes that the facts and circumstances of

 8  the case suggest the child's involvement in the dealing and

 9  selling of controlled substances, the court shall hold a

10  preadmission hearing. If the state attorney establishes by a

11  preponderance of the evidence at such hearing that the child

12  was involved in the dealing and selling of controlled

13  substances, the court shall deny the child's admission into a

14  delinquency pretrial intervention program.

15         (2)  While enrolled in a delinquency pretrial

16  intervention program authorized by this section, a child is

17  subject to a coordinated strategy developed by a drug court

18  team under s. 397.334(2). The coordinated strategy must

19  include a protocol of sanctions that may be imposed upon the

20  child. The protocol of sanctions must include as available

21  options placement in a secure licensed clinical facility or

22  placement in a secure detention facility under s. 985.216 for

23  noncompliance with program rules. The coordinated strategy

24  must be provided in writing to the child at the time the child

25  enters the pretrial drug court program.

26         (3)(b)  At the end of the delinquency pretrial

27  intervention period, the court shall consider the

28  recommendation of the state attorney and the program

29  administrator as to disposition of the pending charges. The

30  court shall determine, by written finding, whether the child

31  

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 1  has successfully completed the delinquency pretrial

 2  intervention program.

 3         (c)1.  If the court finds that the child has not

 4  successfully completed the delinquency pretrial intervention

 5  program, the court may order the child to continue in an

 6  education, treatment, or urine monitoring program if resources

 7  and funding are available or order that the charges revert to

 8  normal channels for prosecution.

 9         2.  The court may dismiss the charges upon a finding

10  that the child has successfully completed the delinquency

11  pretrial intervention program.

12         (4)(d)  Any entity, whether public or private,

13  providing pretrial substance abuse education, treatment

14  intervention, and a urine monitoring program under this

15  section must contract with the county or appropriate

16  governmental entity, and the terms of the contract must

17  include, but need not be limited to, the requirements

18  established for private entities under s. 948.15(3). It is the

19  intent of the Legislature that public or private entities

20  providing substance abuse education and treatment intervention

21  programs involve the active participation of parents, schools,

22  churches, businesses, law enforcement agencies, and the

23  department or its contract providers.

24         (2)  The chief judge in each circuit may appoint an

25  advisory committee for the delinquency pretrial intervention

26  program composed of the chief judge or designee, who shall

27  serve as chair; the state attorney, the public defender, and

28  the program administrator, or their designees; and such other

29  persons as the chair deems appropriate. The committee may also

30  include persons representing any other agencies to which

31  

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 1  children released to the delinquency pretrial intervention

 2  program may be referred.

 3         Section 12.  This act shall take effect upon becoming a

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 184

 8                                 

 9  Removes the court requirement that an order for substance
    abuse assessment or evaluation be issued pursuant to the
10  notice and procedures set forth in the Rules of Juvenile
    Procedure.
11  
    Removes the provisions expanding the eligibility requirements
12  of adults juvenile delinquents who participate in a pretrial
    intervention program
13  
    Reinstates current statutory language authorizing the court or
14  the state attorney to deny a defendant's admission to a
    pretrial intervention program, if the defendant has refused
15  the program at any time prior to trial.

16  Provides for the monitoring of sentenced offenders through a
    treatment-based drug court program as well as authorizes the
17  supervision of offenders who transfer from jail or a
    prison-based treatment program.
18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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