Senate Bill sb0114c4

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    Florida Senate - 2006   CS for CS for CS for CS for SB's 114 &

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    By the Committees on Justice Appropriations; Criminal Justice;
    Judiciary; Children and Families; and Senators Lynn, Campbell,
    Miller and Smith


    604-2392-06

  1                      A bill to be entitled

  2         An act relating to drug court programs;

  3         providing a short title; amending s. 39.001,

  4         F.S.; providing additional legislative purposes

  5         and intent with respect to the treatment of

  6         substance abuse, including the use of the drug

  7         court program model; authorizing the court to

  8         require certain persons to undergo treatment

  9         following adjudication; amending s. 39.407,

10         F.S.; authorizing the court to order specified

11         persons to submit to a substance abuse

12         assessment or evaluation upon a showing of good

13         cause in connection with a shelter petition or

14         petition for dependency; amending ss. 39.507

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

16         order specified persons to submit to a

17         substance abuse assessment as part of an

18         adjudicatory order or pursuant to a disposition

19         hearing; requiring a showing of good cause;

20         authorizing the court to require participation

21         in a treatment-based drug court program;

22         authorizing the court to impose sanctions for

23         noncompliance; amending s. 397.334, F.S.;

24         revising legislative intent with respect to

25         treatment-based drug court programs to reflect

26         participation by community support agencies,

27         the Department of Education, and other

28         individuals; including postadjudicatory

29         programs as part of treatment-based drug court

30         programs; providing requirements and sanctions,

31         including treatment by specified licensed

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 1         service providers, jail-based treatment, secure

 2         detention, or incarceration, for the

 3         coordinated strategy developed by the drug

 4         court team to encourage participant compliance;

 5         requiring each judicial circuit to establish a

 6         position for a coordinator of the

 7         treatment-based drug court program, subject to

 8         annual appropriation by the Legislature;

 9         authorizing the chief judge of each judicial

10         circuit to appoint an advisory committee for

11         the treatment-based drug court program;

12         providing for membership of the committee;

13         revising language with respect to an annual

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

15         language with respect to conditions for the

16         transfer of a case in the drug court treatment

17         program to a county other than that in which

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

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

20         misdemeanor, and delinquency pretrial substance

21         abuse education and treatment intervention

22         programs; providing for application of the

23         coordinated strategy developed by the drug

24         court team; providing for expungement of

25         certain records and pleas; removing provisions

26         authorizing appointment of an advisory

27         committee, to conform to changes made by the

28         act; providing an effective date.

29  

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

31  

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 1         Section 1.  This act may be cited as the "Robert J.

 2  Koch Drug Court Intervention Act."

 3         Section 2.  Subsection (4) of section 39.001, Florida

 4  Statutes, is amended to read:

 5         39.001  Purposes and intent; personnel standards and

 6  screening.--

 7         (4)  SUBSTANCE ABUSE SERVICES.--

 8         (a)  The Legislature recognizes that early referral and

 9  comprehensive treatment can help combat substance abuse in

10  families and that treatment is cost effective.

11         (b)  The Legislature establishes the following goals

12  for the state related to substance abuse treatment services in

13  the dependency process:

14         1.  To ensure the safety of children.

15         2.  To prevent and remediate the consequences of

16  substance abuse on families involved in protective supervision

17  or foster care and reduce substance abuse, including alcohol

18  abuse, for families who are at risk of being involved in

19  protective supervision or foster care.

20         3.  To expedite permanency for children and reunify

21  healthy, intact families, when appropriate.

22         4.  To support families in recovery.

23         (c)  The Legislature finds that children in the care of

24  the state's dependency system need appropriate health care

25  services, that the impact of substance abuse on health

26  indicates the need for health care services to include

27  substance abuse services to children and parents where

28  appropriate, and that it is in the state's best interest that

29  such children be provided the services they need to enable

30  them to become and remain independent of state care. In order

31  to provide these services, the state's dependency system must

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 1  have the ability to identify and provide appropriate

 2  intervention and treatment for children with personal or

 3  family-related substance abuse problems.

 4         (d)  It is the intent of the Legislature to encourage

 5  the use of the drug court program model established by s.

 6  397.334 and authorize courts to assess children and persons

 7  who have custody or are requesting custody of children where

 8  good cause is shown to identify and address substance abuse

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

10  dependency process. Participation in treatment, including a

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

12  court following adjudication. Participation in assessment and

13  treatment prior to adjudication shall be voluntary, except as

14  provided in s. 39.407(16).

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

16  provide authority for the state to contract with community

17  substance abuse treatment providers for the development and

18  operation of specialized support and overlay services for the

19  dependency system, which will be fully implemented and used

20  utilized as resources permit.

21         (f)  Participation in the treatment-based drug court

22  program does not divest any public or private agency of its

23  responsibility for a child or adult, but is intended to enable

24  these agencies to better meet their needs through shared

25  responsibility and resources.

26         Section 3.  Subsection (15) of section 39.407, Florida

27  Statutes, is amended, and subsection (16) is added to that

28  section, to read:

29         39.407  Medical, psychiatric, and psychological

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

31  

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 1  substance abuse examination of parent or person with or

 2  requesting child custody of child.--

 3         (15)  At any time after the filing of a shelter

 4  petition or petition for dependency, when the mental or

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

 6  caregiver, legal custodian, or other person who has custody or

 7  is requesting custody of a child is in controversy, the court

 8  may order the person to submit to a physical or mental

 9  examination by a qualified professional. The order may be made

10  only upon good cause shown and pursuant to notice and

11  procedures as set forth by the Florida Rules of Juvenile

12  Procedure.

13         (16)  At any time after a shelter petition or petition

14  for dependency is filed, the court may order a person who has

15  custody or is requesting custody of the child to submit to a

16  substance abuse assessment or evaluation. The assessment or

17  evaluation must be administered by a qualified professional,

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

19  cause shown. This subsection does not authorize placement of a

20  child with a person seeking custody, other than the parent or

21  legal custodian, who requires substance abuse treatment.

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

23  Florida Statutes, to read:

24         39.507  Adjudicatory hearings; orders of

25  adjudication.--

26         (9)  After an adjudication of dependency, or a finding

27  of dependency where adjudication is withheld, the court may

28  order a person who has custody or is requesting custody of the

29  child to submit to a substance abuse assessment or evaluation.

30  The assessment or evaluation must be administered by a

31  qualified professional, as defined in s. 397.311. The court

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 1  may also require such person to participate in and comply with

 2  treatment and services identified as necessary, including,

 3  when appropriate and available, participation in and

 4  compliance with a treatment-based drug court program

 5  established under s. 397.334. In addition to supervision by

 6  the department, the court, including the treatment-based drug

 7  court program, may oversee the progress and compliance with

 8  treatment by a person who has custody or is requesting custody

 9  of the child. The court may impose appropriate available

10  sanctions for noncompliance upon a person who has custody or

11  is requesting custody of the child or make a finding of

12  noncompliance for consideration in determining whether an

13  alternative placement of the child is in the child's best

14  interests. Any order entered under this subsection may be made

15  only upon good cause shown. This subsection does not authorize

16  placement of a child with a person seeking custody, other than

17  the parent or legal custodian, who requires substance abuse

18  treatment.

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

20  39.521, Florida Statutes, is amended to read:

21         39.521  Disposition hearings; powers of disposition.--

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

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

24  petition for dependency were proven in the adjudicatory

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

26  to the finding of dependency or admitted the allegations in

27  the petition, have failed to appear for the arraignment

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

29  a diligent search having been conducted.

30  

31  

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

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

 3  power by order to:

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

 5  custodian and the child, to participate in treatment and

 6  services identified as necessary. The court may require the

 7  person who has custody or who is requesting custody of the

 8  child to submit to a substance abuse assessment or evaluation.

 9  The assessment or evaluation must be administered by a

10  qualified professional, as defined in s. 397.311. The court

11  may also require such person to participate in and comply with

12  treatment and services identified as necessary, including,

13  when appropriate and available, participation in and

14  compliance with a treatment-based drug court program

15  established under s. 397.334. In addition to supervision by

16  the department, the court, including the treatment-based drug

17  court program, may oversee the progress and compliance with

18  treatment by a person who has custody or is requesting custody

19  of the child. The court may impose appropriate available

20  sanctions for noncompliance upon a person who has custody or

21  is requesting custody of the child or make a finding of

22  noncompliance for consideration in determining whether an

23  alternative placement of the child is in the child's best

24  interests. Any order entered under this subparagraph may be

25  made only upon good cause shown. This subparagraph does not

26  authorize placement of a child with a person seeking custody

27  of the child, other than the child's parent or legal

28  custodian, who requires substance abuse treatment.

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

30  to participate in dependency mediation.

31  

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 1         3.  Require placement of the child either under the

 2  protective supervision of an authorized agent of the

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

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

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

 6  Protective supervision continues until the court terminates it

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

 8  first. Protective supervision shall be terminated by the court

 9  whenever the court determines that permanency has been

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

11  relative, or a legal custodian, and that protective

12  supervision is no longer needed. The termination of

13  supervision may be with or without retaining jurisdiction, at

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

15  a permanency option for the child. The order terminating

16  supervision by the department shall set forth the powers of

17  the custodian of the child and shall include the powers

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

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

20  supervision by the department, no further judicial reviews are

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

22  child.

23         Section 6.  Section 397.334, Florida Statutes, is

24  amended to read:

25         397.334  Treatment-based drug court programs.--

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

27  program under which persons in the justice system assessed

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

29  manner as to appropriately address the severity of the

30  identified substance abuse problem through treatment services

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

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 1  is the intent of the Legislature to encourage the Department

 2  of Corrections, the Department of Children and Family

 3  Services, the Department of Juvenile Justice, the Department

 4  of Health, the Department of Law Enforcement, the Department

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

 6  enforcement agencies, and other interested public or private

 7  sources, and individuals to support the creation and

 8  establishment of these problem-solving court programs.

 9  Participation in the treatment-based drug court programs does

10  not divest any public or private agency of its responsibility

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

12  better meet their needs through shared responsibility and

13  resources.

14         (2)  Entry into any pretrial treatment-based drug court

15  program shall be voluntary. When neither s. 948.08(6)(a)1. nor

16  s. 948.08(6)(a)2. applies, the court may order an individual

17  to enter into a pretrial treatment-based drug court program

18  only upon written agreement by the individual, which shall

19  include a statement that the individual understands the

20  requirements of the program and the potential sanctions for

21  noncompliance.

22         (3)(2)  The treatment-based drug court programs shall

23  include therapeutic jurisprudence principles and adhere to the

24  following 10 key components, recognized by the Drug Courts

25  Program Office of the Office of Justice Programs of the United

26  States Department of Justice and adopted by the Florida

27  Supreme Court Treatment-Based Drug Court Steering Committee:

28         (a)  Drug court programs integrate alcohol and other

29  drug treatment services with justice system case processing.

30  

31  

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 1         (b)  Using a nonadversarial approach, prosecution and

 2  defense counsel promote public safety while protecting

 3  participants' due process rights.

 4         (c)  Eligible participants are identified early and

 5  promptly placed in the drug court program.

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

 7  of alcohol, drug, and other related treatment and

 8  rehabilitation services.

 9         (e)  Abstinence is monitored by frequent testing for

10  alcohol and other drugs.

11         (f)  A coordinated strategy governs drug court program

12  responses to participants' compliance.

13         (g)  Ongoing judicial interaction with each drug court

14  program participant is essential.

15         (h)  Monitoring and evaluation measure the achievement

16  of program goals and gauge program effectiveness.

17         (i)  Continuing interdisciplinary education promotes

18  effective drug court program planning, implementation, and

19  operations.

20         (j)  Forging partnerships among drug court programs,

21  public agencies, and community-based organizations generates

22  local support and enhances drug court program effectiveness.

23         (4)(3)  Treatment-based drug court programs may include

24  pretrial intervention programs as provided in ss. 948.08,

25  948.16, and 985.306, treatment-based drug court programs

26  authorized in chapter 39, postadjudicatory programs, and

27  review of the status of compliance or noncompliance of

28  sentenced offenders through a treatment-based drug court

29  program. While enrolled in a treatment-based drug court

30  program, the participant is subject to a coordinated strategy

31  developed by a drug court team under subsection (3). The

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 1  coordinated strategy may include a protocol of sanctions that

 2  may be imposed upon the participant for noncompliance with

 3  program rules. The protocol of sanctions may include, but is

 4  not limited to, placement in a substance abuse treatment

 5  program offered by a licensed service provider as defined in

 6  s. 397.311 or in a jail-based treatment program or serving a

 7  period of secure detention under chapter 985 if a child or a

 8  period of incarceration within the time limits established for

 9  contempt of court if an adult. The coordinated strategy must

10  be provided in writing to the participant before the

11  participant agrees to enter into a treatment-based drug court

12  program.

13         (5)  Contingent upon an annual appropriation by the

14  Legislature, each judicial circuit shall establish, at a

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

16  court program within the state courts system to coordinate the

17  responsibilities of the participating agencies and service

18  providers. Each coordinator shall provide direct support to

19  the treatment-based drug court program by providing

20  coordination between the multidisciplinary team and the

21  judiciary, providing case management, monitoring compliance of

22  the participants in the treatment-based drug court program

23  with court requirements, and providing program evaluation and

24  accountability.

25         (6)(4)(a)  The Florida Association of Drug Court

26  Program Professionals is created. The membership of the

27  association may consist of treatment-based drug court program

28  practitioners who comprise the multidisciplinary

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

30  limited to, judges, state attorneys, defense counsel,

31  treatment-based drug court program coordinators, probation

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 1  officers, law enforcement officers, community representatives,

 2  members of the academic community, and treatment

 3  professionals. Membership in the association shall be

 4  voluntary.

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

 6  duty is to solicit recommendations from members on issues

 7  relating to the expansion, operation, and institutionalization

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

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

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

11  appropriate Supreme Court Treatment-Based Drug Court Steering

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

13  State Courts Administrator, and shall submit a report each

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

15         (7)(5)  If a county chooses to fund a treatment-based

16  drug court program, the county must secure funding from

17  sources other than the state for those costs not otherwise

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

19  not preclude counties from using treatment and other service

20  dollars provided through state executive branch agencies.

21  Counties may provide, by interlocal agreement, for the

22  collective funding of these programs.

23         (8)  The chief judge of each judicial circuit may

24  appoint an advisory committee for the treatment-based drug

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

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

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

28  otherwise designated by the chief judge as his or her

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

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

31  drug court program coordinators; community representatives;

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 1  treatment representatives; and any other persons the chair

 2  finds are appropriate.

 3         Section 7.  Paragraphs (b) and (e) of subsection (5) of

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

 5         910.035  Transfer from county for plea and sentence.--

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

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

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

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

10  agrees and if the following conditions are met:

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

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

13  contendere and enter a transfer order directing the clerk to

14  transfer the case to the county which has accepted the

15  defendant into its drug court program.

16         (e)  Upon successful completion of the drug court

17  program, the jurisdiction to which the case has been

18  transferred shall dispose of the case pursuant to s.

19  948.08(6). If the defendant does not complete the drug court

20  program successfully, the jurisdiction to which the case has

21  been transferred shall dispose of the case within the

22  guidelines of the Criminal Punishment Code case shall be

23  prosecuted as determined by the state attorneys of the sending

24  and receiving counties.

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

26  948.08, Florida Statutes, are amended to read:

27         948.08  Pretrial intervention program.--

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

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

30  degree for purchase or possession of a controlled substance

31  under chapter 893, prostitution, tampering with evidence,

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 1  solicitation for purchase of a controlled substance, or

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

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

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

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

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

 7  a felony pretrial program referred to in this section is

 8  eligible for voluntary admission into a pretrial substance

 9  abuse education and treatment intervention program, including

10  a treatment-based drug court program established pursuant to

11  s. 397.334, approved by the chief judge of the circuit, for a

12  period of not less than 1 year in duration, upon motion of

13  either party or the court's own motion, except:

14         1.  If a defendant was previously offered admission to

15  a pretrial substance abuse education and treatment

16  intervention program at any time prior to trial and the

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

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

19  a program.

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

21  circumstances of the case suggest the defendant's involvement

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

23  shall hold a preadmission hearing. If the state attorney

24  establishes, by a preponderance of the evidence at such

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

26  selling of controlled substances, the court shall deny the

27  defendant's admission into a pretrial intervention program.

28         (b)  While enrolled in a pretrial intervention program

29  authorized by this subsection, the participant is subject to a

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

31  397.334(3). The coordinated strategy may include a protocol of

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 1  sanctions that may be imposed upon the participant for

 2  noncompliance with program rules. The protocol of sanctions

 3  may include, but is not limited to, placement in a substance

 4  abuse treatment program offered by a licensed service provider

 5  as defined in s. 397.311 or in a jail-based treatment program

 6  or serving a period of incarceration within the time limits

 7  established for contempt of court. The coordinated strategy

 8  must be provided in writing to the participant before the

 9  participant agrees to enter into a pretrial treatment-based

10  drug court program or other pretrial intervention program. Any

11  person whose charges are dismissed after successful completion

12  of the treatment-based drug court program, if otherwise

13  eligible, may have his or her arrest record and plea of nolo

14  contendere to the dismissed charges expunged under s.

15  943.0585.

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

17  the court shall consider the recommendation of the

18  administrator pursuant to subsection (5) and the

19  recommendation of the state attorney as to disposition of the

20  pending charges. The court shall determine, by written

21  finding, whether the defendant has successfully completed the

22  pretrial intervention program.

23         (c)1.  Notwithstanding the coordinated strategy

24  developed by a drug court team pursuant to s. 397.334(3), if

25  the court finds that the defendant has not successfully

26  completed the pretrial intervention program, the court may

27  order the person to continue in education and treatment, which

28  may include substance abuse treatment programs offered by

29  licensed service providers as defined in s. 397.311 or

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

31  revert to normal channels for prosecution.

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

 2  that the defendant has successfully completed the pretrial

 3  intervention program.

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

 5  pretrial substance abuse education and treatment intervention

 6  program under this subsection must contract with the county or

 7  appropriate governmental entity, and the terms of the contract

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

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

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

11  advisory committee for the pretrial intervention program

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

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

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

15  persons as the chair deems appropriate. The advisory committee

16  may not designate any defendant eligible for a pretrial

17  intervention program for any offense that is not listed under

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

19  and approval. The committee may also include persons

20  representing any other agencies to which persons released to

21  the pretrial intervention program may be referred.

22         (7)(8)  The department may contract for the services

23  and facilities necessary to operate pretrial intervention

24  programs.

25         Section 9.  Section 948.16, Florida Statutes, is

26  amended to read:

27         948.16  Misdemeanor pretrial substance abuse education

28  and treatment intervention program.--

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

30  possession of a controlled substance or drug paraphernalia

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

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

 2  eligible for voluntary admission into a misdemeanor pretrial

 3  substance abuse education and treatment intervention program,

 4  including a treatment-based drug court program established

 5  pursuant to s. 397.334, approved by the chief judge of the

 6  circuit, for a period based on the program requirements and

 7  the treatment plan for the offender, upon motion of either

 8  party or the court's own motion, except, if the state attorney

 9  believes the facts and circumstances of the case suggest the

10  defendant is involved in dealing and selling controlled

11  substances, the court shall hold a preadmission hearing. If

12  the state attorney establishes, by a preponderance of the

13  evidence at such hearing, that the defendant was involved in

14  dealing or selling controlled substances, the court shall deny

15  the defendant's admission into the pretrial intervention

16  program.

17         (b)  While enrolled in a pretrial intervention program

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

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

20  397.334(3). The coordinated strategy may include a protocol of

21  sanctions that may be imposed upon the participant for

22  noncompliance with program rules. The protocol of sanctions

23  may include, but is not limited to, placement in a substance

24  abuse treatment program offered by a licensed service provider

25  as defined in s. 397.311 or in a jail-based treatment program

26  or serving a period of incarceration within the time limits

27  established for contempt of court. The coordinated strategy

28  must be provided in writing to the participant before the

29  participant agrees to enter into a pretrial treatment-based

30  drug court program or other pretrial intervention program. Any

31  person whose charges are dismissed after successful completion

                                  17

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 1  of the treatment-based drug court program, if otherwise

 2  eligible, may have his or her arrest record and plea of nolo

 3  contendere to the dismissed charges expunged under s.

 4  943.0585.

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

 6  the court shall consider the recommendation of the treatment

 7  program and the recommendation of the state attorney as to

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

 9  by written finding, whether the defendant successfully

10  completed the pretrial intervention program.

11         (a)  Notwithstanding the coordinated strategy developed

12  by a drug court team pursuant to s. 397.334(3), if the court

13  finds that the defendant has not successfully completed the

14  pretrial intervention program, the court may order the person

15  to continue in education and treatment or return the charges

16  to the criminal docket for prosecution.

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

18  that the defendant has successfully completed the pretrial

19  intervention program.

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

21  substance abuse education and treatment program under this

22  section shall contract with the county or appropriate

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

24  but not be limited to, the requirements established for

25  private entities under s. 948.15(3).

26         Section 10.  Section 985.306, Florida Statutes, is

27  amended to read:

28         985.306  Delinquency pretrial intervention program.--

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

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

31  felony of the second or third degree for purchase or

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 1  possession of a controlled substance under chapter 893;

 2  tampering with evidence; solicitation for purchase of a

 3  controlled substance; or obtaining a prescription by fraud,

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

 5  been admitted to a delinquency pretrial intervention program

 6  under this section, is eligible for voluntary admission into a

 7  delinquency pretrial substance abuse education and treatment

 8  intervention program, including a treatment-based drug court

 9  program established pursuant to s. 397.334, approved by the

10  chief judge or alternative sanctions coordinator of the

11  circuit to the extent that funded programs are available, for

12  a period based on the program requirements and the treatment

13  services that are suitable for the offender of not less than 1

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

15  own motion. However, if the state attorney believes that the

16  facts and circumstances of the case suggest the child's

17  involvement in the dealing and selling of controlled

18  substances, the court shall hold a preadmission hearing. If

19  the state attorney establishes by a preponderance of the

20  evidence at such hearing that the child was involved in the

21  dealing and selling of controlled substances, the court shall

22  deny the child's admission into a delinquency pretrial

23  intervention program.

24         (2)  While enrolled in a delinquency pretrial

25  intervention program authorized by this section, a child is

26  subject to a coordinated strategy developed by a drug court

27  team under s. 397.334(3). The coordinated strategy may include

28  a protocol of sanctions that may be imposed upon the child for

29  noncompliance with program rules. The protocol of sanctions

30  may include, but is not limited to, placement in a substance

31  abuse treatment program offered by a licensed service provider

                                  19

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 1  as defined in s. 397.311 or serving a period of secure

 2  detention under this chapter. The coordinated strategy must be

 3  provided in writing to the child before the child agrees to

 4  enter the pretrial treatment-based drug court program or other

 5  pretrial intervention program. Any child whose charges are

 6  dismissed after successful completion of the treatment-based

 7  drug court program, if otherwise eligible, may have his or her

 8  arrest record and plea of nolo contendere to the dismissed

 9  charges expunged under s. 943.0585.

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

11  intervention period, the court shall consider the

12  recommendation of the state attorney and the program

13  administrator as to disposition of the pending charges. The

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

15  has successfully completed the delinquency pretrial

16  intervention program.

17         (c)1.  Notwithstanding the coordinated strategy

18  developed by a drug court team pursuant to s. 397.334(3), if

19  the court finds that the child has not successfully completed

20  the delinquency pretrial intervention program, the court may

21  order the child to continue in an education, treatment, or

22  urine monitoring program if resources and funding are

23  available or order that the charges revert to normal channels

24  for prosecution.

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

26  that the child has successfully completed the delinquency

27  pretrial intervention program.

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

29  providing pretrial substance abuse education, treatment

30  intervention, and a urine monitoring program under this

31  section must contract with the county or appropriate

                                  20

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 1  governmental entity, and the terms of the contract must

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

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

 4  intent of the Legislature that public or private entities

 5  providing substance abuse education and treatment intervention

 6  programs involve the active participation of parents, schools,

 7  churches, businesses, law enforcement agencies, and the

 8  department or its contract providers.

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

10  advisory committee for the delinquency pretrial intervention

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

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

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

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

15  include persons representing any other agencies to which

16  children released to the delinquency pretrial intervention

17  program may be referred.

18         Section 11.  This act shall take effect upon becoming a

19  law.

20  

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    Florida Senate - 2006   CS for CS for CS for CS for SB's 114 &

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2               CS for CS for CS for SB 114 & SB 444

 3                                 

 4  Deletes language that authorizes the court to order the child
    who is the subject of a dependency petition and process to be
 5  assessed, evaluated, or to participate in treatment-based drug
    court program.
 6  
    Provides that unless an individual was previously offered
 7  admission to pretrial substance abuse education and treatment
    and rejected the offer on the record or the individual's
 8  involvement in dealing or selling controlled substances has
    been established by clear and convincing evidence, entry into
 9  any pretrial drug court program is voluntary.

10  Provides that the court may order an individual to enter into
    a pretrial treatment-based drug court only upon written
11  agreement by the individual, with a statement that the
    individual understands the requirements of the program and the
12  potential sanctions for noncompliance.

13  

14  

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