HB 0175

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to drug court programs; providing a short
7	title; amending s. 39.001, F.S.; providing additional
8	legislative purposes and intent with respect to the
9	treatment of substance abuse, including the use of the
10	drug court program model; authorizing the court to require
11	certain persons to undergo treatment following
12	adjudication; amending s. 39.407, F.S.; authorizing the
13	court to order specified persons to submit to a substance
14	abuse assessment upon a showing of good cause in
15	connection with a shelter petition or petition for
16	dependency; amending ss. 39.507 and 39.521, F.S.;
17	authorizing the court to order specified persons to submit
18	to a substance abuse assessment as part of an adjudicatory
19	order or pursuant to a disposition hearing; requiring a
20	showing of good cause; authorizing the court to require
21	participation in a treatment-based drug court program;
22	authorizing the court to impose sanctions for
23	noncompliance; amending s. 39.701, F.S.; authorizing the
24	court to extend the time for completing a case plan during
25	judicial review, based upon participation in a treatment-
26	based drug court program; amending s. 397.334, F.S.;
27	revising legislative intent with respect to treatment-
28	based drug court programs to reflect participation by
29	community support agencies, the Department of Education,
30	and other individuals; including postadjudicatory programs
31	as part of treatment-based drug court programs; providing
32	requirements and sanctions, including clinical placement
33	or incarceration, for the coordinated strategy developed
34	by the drug court team to encourage participant
35	compliance; requiring each judicial circuit to establish a
36	position for a coordinator of the treatment-based drug
37	court program, subject to annual appropriation by the
38	Legislature; authorizing the chief judge of each judicial
39	circuit to appoint an advisory committee for the
40	treatment-based drug court program; providing for
41	membership of the committee; revising language with
42	respect to an annual report; amending s. 910.035, F.S.;
43	revising language with respect to conditions for the
44	transfer of a case in the drug court treatment program to
45	a county other than that in which the charge arose;
46	amending ss. 948.08, 948.16, and 985.306, F.S., relating
47	to felony, misdemeanor, and delinquency pretrial substance
48	abuse education and treatment intervention programs;
49	deleting a provision allowing a state attorney to deny a
50	defendant's admission to a pretrial substance abuse
51	education and treatment intervention program if the
52	defendant previously declined admission to such a program;
53	providing for application of the coordinated strategy
54	developed by the drug court team; removing provisions
55	authorizing appointment of an advisory committee, to
56	conform to changes made by the act; providing an effective
57	date.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  This act may be cited as the "Robert J. Koch
62	Drug Court Intervention Act."
63	Section 2.  Subsection (4) of section 39.001, Florida
64	Statutes, is amended to read:
65	39.001  Purposes and intent; personnel standards and
66	screening.--
67	(4)  SUBSTANCE ABUSE SERVICES.--
68	(a)  The Legislature recognizes that early referral and
69	comprehensive treatment can help combat substance abuse in
70	families and that treatment is cost effective.
71	(b)  The Legislature establishes the following goals for
72	the state related to substance abuse treatment services in the
73	dependency process:
74	1.  To ensure the safety of children.
75	2.  To prevent and remediate the consequences of substance
76	abuse on families involved in protective supervision or foster
77	care and reduce substance abuse, including alcohol abuse, for
78	families who are at risk of being involved in protective
79	supervision or foster care.
80	3.  To expedite permanency for children and reunify
81	healthy, intact families, when appropriate.
82	4.  To support families in recovery.
83	(c)  The Legislature finds that children in the care of the
84	state's dependency system need appropriate health care services,
85	that the impact of substance abuse on health indicates the need
86	for health care services to include substance abuse services to
87	children and parents where appropriate, and that it is in the
88	state's best interest that such children be provided the
89	services they need to enable them to become and remain
90	independent of state care. In order to provide these services,
91	the state's dependency system must have the ability to identify
92	and provide appropriate intervention and treatment for children
93	with personal or family-related substance abuse problems.
94	(d)  It is the intent of the Legislature to encourage the
95	use of the drug court program model established by s. 397.334
96	and authorize courts to assess parents and children where good
97	cause is shown to identify and address substance abuse problems
98	as the court deems appropriate at every stage of the dependency
99	process. Participation in treatment, including a treatment-based
100	drug court program, may be required by the court following
101	adjudication. Participation in assessment and treatment prior to
102	adjudication shall be voluntary, except as provided in s.
103	39.407(16).
104	(e)  It is therefore the purpose of the Legislature to
105	provide authority for the state to contract with community
106	substance abuse treatment providers for the development and
107	operation of specialized support and overlay services for the
108	dependency system, which will be fully implemented and used
109	utilized as resources permit.
110	(f)  Participation in the treatment-based drug court
111	program does not divest any public or private agency of its
112	responsibility for a child or adult, but is intended to enable
113	these agencies to better meet their needs through shared
114	responsibility and resources.
115	Section 3.  Subsection (15) of section 39.407, Florida
116	Statutes, is amended, and subsection (16) is added to that
117	section, to read:
118	39.407  Medical, psychiatric, and psychological examination
119	and treatment of child; physical, or mental, or substance abuse
120	examination of parent or person with or requesting child custody
121	of child.--
122	(15)  At any time after the filing of a shelter petition or
123	petition for dependency, when the mental or physical condition,
124	including the blood group, of a parent, caregiver, legal
125	custodian, or other person who has custody or is requesting
126	custody of a child is in controversy, the court may order the
127	person to submit to a physical or mental examination by a
128	qualified professional. The order may be made only upon good
129	cause shown and pursuant to notice and procedures as set forth
130	by the Florida Rules of Juvenile Procedure.
131	(16)  At any time after a shelter petition or petition for
132	dependency is filed, the court may order a child or a person who
133	has custody or is requesting custody of the child to submit to a
134	substance abuse assessment and evaluation. The assessment and
135	evaluation must be administered by a qualified professional, as
136	defined in s. 397.311. The order may be made only upon good
137	cause shown. This subsection shall not be construed to authorize
138	placement of a child with a person seeking custody, other than
139	the parent or legal custodian, who requires substance abuse
140	treatment.
141	Section 4.  Subsection (9) is added to section 39.507,
142	Florida Statutes, to read:
143	39.507  Adjudicatory hearings; orders of adjudication.--
144	(9)  After an adjudication of dependency, or a finding of
145	dependency where adjudication is withheld, the court may order a
146	child or a person who has custody or is requesting custody of
147	the child to submit to a substance abuse assessment or
148	evaluation. The assessment or evaluation must be administered by
149	a qualified professional, as defined in s. 397.311. The court
150	may also require such person to participate in and comply with
151	treatment and services identified as necessary, including, when
152	appropriate and available, participation in and compliance with
153	a treatment-based drug court program established under s.
154	397.334. In addition to supervision by the department, the
155	court, including the treatment-based drug court program, may
156	oversee the progress and compliance with treatment by the child
157	or a person who has custody or is requesting custody of the
158	child. The court may impose appropriate available sanctions for
159	noncompliance upon the child or a person who has custody or is
160	requesting custody of the child or make a finding of
161	noncompliance for consideration in determining whether an
162	alternative placement of the child is in the child's best
163	interests. Any order entered under this subsection may be made
164	only upon good cause shown. This subsection shall not be
165	construed to authorize placement of a child with a person
166	seeking custody, other than the parent or legal custodian, who
167	requires substance abuse treatment.
168	Section 5.  Paragraph (b) of subsection (1) of section
169	39.521, Florida Statutes, is amended to read:
170	39.521  Disposition hearings; powers of disposition.--
171	(1)  A disposition hearing shall be conducted by the court,
172	if the court finds that the facts alleged in the petition for
173	dependency were proven in the adjudicatory hearing, or if the
174	parents or legal custodians have consented to the finding of
175	dependency or admitted the allegations in the petition, have
176	failed to appear for the arraignment hearing after proper
177	notice, or have not been located despite a diligent search
178	having been conducted.
179	(b)  When any child is adjudicated by a court to be
180	dependent, the court having jurisdiction of the child has the
181	power by order to:
182	1.  Require the parent and, when appropriate, the legal
183	custodian and the child, to participate in treatment and
184	services identified as necessary. The court may require the
185	child or the person who has custody or who is requesting custody
186	of the child to submit to a substance abuse assessment or
187	evaluation. The assessment or evaluation must be administered by
188	a qualified professional, as defined in s. 397.311. The court
189	may also require such person to participate in and comply with
190	treatment and services identified as necessary, including, when
191	appropriate and available, participation in and compliance with
192	a treatment-based drug court program established under s.
193	397.334. In addition to supervision by the department, the
194	court, including the treatment-based drug court program, may
195	oversee the progress and compliance with treatment by the child
196	or a person who has custody or is requesting custody of the
197	child. The court may impose appropriate available sanctions for
198	noncompliance upon the child or a person who has custody or is
199	requesting custody of the child or make a finding of
200	noncompliance for consideration in determining whether an
201	alternative placement of the child is in the child's best
202	interests. Any order entered under this subparagraph may be made
203	only upon good cause shown. This subparagraph shall not be
204	construed to authorize placement of a child with a person
205	seeking custody of the child, other than the child's parent or
206	legal custodian, who requires substance abuse treatment.
207	2.  Require, if the court deems necessary, the parties to
208	participate in dependency mediation.
209	3.  Require placement of the child either under the
210	protective supervision of an authorized agent of the department
211	in the home of one or both of the child's parents or in the home
212	of a relative of the child or another adult approved by the
213	court, or in the custody of the department. Protective
214	supervision continues until the court terminates it or until the
215	child reaches the age of 18, whichever date is first. Protective
216	supervision shall be terminated by the court whenever the court
217	determines that permanency has been achieved for the child,
218	whether with a parent, another relative, or a legal custodian,
219	and that protective supervision is no longer needed. The
220	termination of supervision may be with or without retaining
221	jurisdiction, at the court's discretion, and shall in either
222	case be considered a permanency option for the child. The order
223	terminating supervision by the department shall set forth the
224	powers of the custodian of the child and shall include the
225	powers ordinarily granted to a guardian of the person of a minor
226	unless otherwise specified. Upon the court's termination of
227	supervision by the department, no further judicial reviews are
228	required, so long as permanency has been established for the
229	child.
230	Section 6.  Paragraph (d) of subsection (9) of section
231	39.701, Florida Statutes, is amended to read:
232	39.701  Judicial review.--
233	(9)
234	(d)  The court may extend the time limitation of the case
235	plan, or may modify the terms of the plan, which, in addition to
236	other modifications, may include a requirement that the parent
237	or legal custodian participate in a treatment-based drug court
238	program established under s. 397.334, based upon information
239	provided by the social service agency, and the guardian ad
240	litem, if one has been appointed, the parent or parents, and the
241	foster parents or legal custodian, and any other competent
242	information on record demonstrating the need for the amendment.
243	If the court extends the time limitation of the case plan, the
244	court must make specific findings concerning the frequency of
245	past parent-child visitation, if any, and the court may
246	authorize the expansion or restriction of future visitation.
247	Modifications to the plan must be handled as prescribed in s.
248	39.601. Any extension of a case plan must comply with the time
249	requirements and other requirements specified by this chapter.
250	Section 7.  Section 397.334, Florida Statutes, is amended
251	to read:
252	397.334  Treatment-based drug court programs.--
253	(1)  Each county may fund a treatment-based drug court
254	program under which persons in the justice system assessed with
255	a substance abuse problem will be processed in such a manner as
256	to appropriately address the severity of the identified
257	substance abuse problem through treatment services plans
258	tailored to the individual needs of the participant. It is the
259	intent of the Legislature to encourage the Department of
260	Corrections, the Department of Children and Family Services, the
261	Department of Juvenile Justice, the Department of Health, the
262	Department of Law Enforcement, the Department of Education, and
263	such other agencies, local governments, law enforcement
264	agencies, and other interested public or private sources, and
265	individuals to support the creation and establishment of these
266	problem-solving court programs. Participation in the treatment-
267	based drug court programs does not divest any public or private
268	agency of its responsibility for a child or adult, but enables
269	allows these agencies to better meet their needs through shared
270	responsibility and resources.
271	(2)  Entry into any pretrial treatment-based drug court
272	program shall be voluntary. The court may only order an
273	individual to enter into a pretrial treatment-based drug court
274	program upon written agreement by the individual, which shall
275	include a statement that the individual understands the
276	requirements of the program and the potential sanctions for
277	noncompliance.
278	(3)(2)  The treatment-based drug court programs shall
279	include therapeutic jurisprudence principles and adhere to the
280	following 10 key components, recognized by the Drug Courts
281	Program Office of the Office of Justice Programs of the United
282	States Department of Justice and adopted by the Florida Supreme
283	Court Treatment-Based Drug Court Steering Committee:
284	(a)  Drug court programs integrate alcohol and other drug
285	treatment services with justice system case processing.
286	(b)  Using a nonadversarial approach, prosecution and
287	defense counsel promote public safety while protecting
288	participants' due process rights.
289	(c)  Eligible participants are identified early and
290	promptly placed in the drug court program.
291	(d)  Drug court programs provide access to a continuum of
292	alcohol, drug, and other related treatment and rehabilitation
293	services.
294	(e)  Abstinence is monitored by frequent testing for
295	alcohol and other drugs.
296	(f)  A coordinated strategy governs drug court program
297	responses to participants' compliance.
298	(g)  Ongoing judicial interaction with each drug court
299	program participant is essential.
300	(h)  Monitoring and evaluation measure the achievement of
301	program goals and gauge program effectiveness.
302	(i)  Continuing interdisciplinary education promotes
303	effective drug court program planning, implementation, and
304	operations.
305	(j)  Forging partnerships among drug court programs, public
306	agencies, and community-based organizations generates local
307	support and enhances drug court program effectiveness.
308	(4)(3)  Treatment-based drug court programs may include
309	pretrial intervention programs as provided in ss. 948.08,
310	948.16, and 985.306, treatment-based drug court programs
311	authorized in chapter 39, postadjudicatory programs, and the
312	monitoring of sentenced offenders through a treatment-based drug
313	court program. While enrolled in any treatment-based drug court
314	program, the participant is subject to a coordinated strategy
315	developed by the drug court team under paragraph (3)(f). Each
316	coordinated strategy may include a protocol of sanctions that
317	may be imposed upon the participant. The protocol of sanctions
318	for treatment-based programs other than those authorized in
319	chapter 39 must include, and the protocol of sanctions for
320	treatment-based drug court programs authorized in chapter 39 may
321	include, as available options placement in a secure licensed
322	clinical or jail-based treatment program or serving a period of
323	incarceration for noncompliance with program rules within the
324	time limits established for contempt of court. The coordinated
325	strategy must be provided in writing to the participant before
326	the participant agrees to enter into a pretrial treatment-based
327	drug court program. Any person whose charges are dismissed after
328	successful completion of the treatment-based drug court program,
329	if otherwise eligible, may have his or her arrest record and
330	plea of nolo contendere to the dismissed charges expunged under
331	s. 943.0585.
332	(5)  Contingent upon an annual appropriation by the
333	Legislature, each judicial circuit shall establish, at a
334	minimum, one coordinator position for the treatment-based drug
335	court program within the state courts system to coordinate the
336	responsibilities of the participating agencies and service
337	providers. Each coordinator shall provide direct support to the
338	treatment-based drug court program by providing coordination
339	between the multidisciplinary team and the judiciary, providing
340	case management, monitoring compliance of the participants in
341	the treatment-based drug court program with court requirements,
342	and providing program evaluation and accountability.
343	(6)(4)(a)  The Florida Association of Drug Court Program
344	Professionals is created. The membership of the association may
345	consist of treatment-based drug court program practitioners who
346	comprise the multidisciplinary treatment-based drug court
347	program team, including, but not limited to, judges, state
348	attorneys, defense counsel, treatment-based drug court program
349	coordinators, probation officers, law enforcement officers,
350	community representatives, members of the academic community,
351	and treatment professionals. Membership in the association shall
352	be voluntary.
353	(b)  The association shall annually elect a chair whose
354	duty is to solicit recommendations from members on issues
355	relating to the expansion, operation, and institutionalization
356	of treatment-based drug court programs. The chair is responsible
357	for providing on or before October 1 of each year the
358	association's recommendations and an annual report to the
359	appropriate Supreme Court Treatment-Based Drug Court Steering
360	committee or to the appropriate personnel of the Office of the
361	State Courts Administrator, and shall submit a report each year,
362	on or before October 1, to the steering committee.
363	(7)(5)  If a county chooses to fund a treatment-based drug
364	court program, the county must secure funding from sources other
365	than the state for those costs not otherwise assumed by the
366	state pursuant to s. 29.004. However, this does not preclude
367	counties from using treatment and other service dollars provided
368	through state executive branch agencies. Counties may provide,
369	by interlocal agreement, for the collective funding of these
370	programs.
371	(8)  The chief judge of each judicial circuit may appoint
372	an advisory committee for the treatment-based drug court
373	program. The committee shall be composed of the chief judge, or
374	his or her designee, who shall serve as chair; the judge of the
375	treatment-based drug court program, if not otherwise designated
376	by the chief judge as his or her designee; the state attorney,
377	or his or her designee; the public defender, or his or her
378	designee; the treatment-based drug court program coordinators;
379	community representatives; treatment representatives; and any
380	other persons the chair finds are appropriate.
381	Section 8.  Paragraphs (b) and (e) of subsection (5) of
382	section 910.035, Florida Statutes, are amended to read:
383	910.035  Transfer from county for plea and sentence.--
384	(5)  Any person eligible for participation in a drug court
385	treatment program pursuant to s. 948.08(6) may be eligible to
386	have the case transferred to a county other than that in which
387	the charge arose if the drug court program agrees and if the
388	following conditions are met:
389	(b)  If approval for transfer is received from all parties,
390	the trial court shall accept a plea of nolo contendere and enter
391	a transfer order directing the clerk to transfer the case to the
392	county which has accepted the defendant into its drug court
393	program.
394	(e)  Upon successful completion of the drug court program,
395	the jurisdiction to which the case has been transferred shall
396	dispose of the case pursuant to s. 948.08(6). If the defendant
397	does not complete the drug court program successfully, the
398	jurisdiction to which the case has been transferred shall
399	dispose of the case within the guidelines of the Criminal
400	Punishment Code case shall be prosecuted as determined by the
401	state attorneys of the sending and receiving counties.
402	Section 9.  Subsections (6), (7), and (8) of section
403	948.08, Florida Statutes, are amended to read:
404	948.08  Pretrial intervention program.--
405	(6)(a)  Notwithstanding any provision of this section, a
406	person who is charged with a felony of the second or third
407	degree for purchase or possession of a controlled substance
408	under chapter 893, prostitution, tampering with evidence,
409	solicitation for purchase of a controlled substance, or
410	obtaining a prescription by fraud; who has not been charged with
411	a crime involving violence, including, but not limited to,
412	murder, sexual battery, robbery, carjacking, home-invasion
413	robbery, or any other crime involving violence; and who has not
414	previously been convicted of a felony nor been admitted to a
415	felony pretrial program referred to in this section is eligible
416	for voluntary admission into a pretrial substance abuse
417	education and treatment intervention program, including a
418	treatment-based drug court program established pursuant to s.
419	397.334, approved by the chief judge of the circuit, for a
420	period of not less than 1 year in duration, upon motion of
421	either party or the court's own motion, except:
422	1.  If a defendant was previously offered admission to a
423	pretrial substance abuse education and treatment intervention
424	program at any time prior to trial and the defendant rejected
425	that offer on the record, then the court or the state attorney
426	may deny the defendant's admission to such a program.
427	2.  if the state attorney believes that the facts and
428	circumstances of the case suggest the defendant's involvement in
429	the dealing and selling of controlled substances, the court
430	shall hold a preadmission hearing. If the state attorney
431	establishes, by a preponderance of the evidence at such hearing,
432	that the defendant was involved in the dealing or selling of
433	controlled substances, the court shall deny the defendant's
434	admission into a pretrial intervention program.
435	(b)  While enrolled in a pretrial intervention program
436	authorized by this section, the participant is subject to a
437	coordinated strategy developed by a drug court team under s.
438	397.334(3). The coordinated strategy may include a protocol of
439	sanctions that may be imposed upon the participant. The protocol
440	of sanctions must include as available options placement in a
441	secure licensed clinical or jail-based treatment program or
442	serving a period of incarceration for noncompliance with program
443	rules within the time limits established for contempt of court.
444	The coordinated strategy must be provided in writing to the
445	participant before the participant agrees to enter into a
446	pretrial treatment-based drug court program, or other pretrial
447	intervention program.
448	(c)(b)  At the end of the pretrial intervention period, the
449	court shall consider the recommendation of the administrator
450	pursuant to subsection (5) and the recommendation of the state
451	attorney as to disposition of the pending charges. The court
452	shall determine, by written finding, whether the defendant has
453	successfully completed the pretrial intervention program.
454	(c)1.  If the court finds that the defendant has not
455	successfully completed the pretrial intervention program, the
456	court may order the person to continue in education and
457	treatment, which may include secure licensed clinical or jail-
458	based treatment programs, or order that the charges revert to
459	normal channels for prosecution.
460	2.  The court shall dismiss the charges upon a finding that
461	the defendant has successfully completed the pretrial
462	intervention program.
463	(d)  Any entity, whether public or private, providing a
464	pretrial substance abuse education and treatment intervention
465	program under this subsection must contract with the county or
466	appropriate governmental entity, and the terms of the contract
467	must include, but need not be limited to, the requirements
468	established for private entities under s. 948.15(3).
469	(7)  The chief judge in each circuit may appoint an
470	advisory committee for the pretrial intervention program
471	composed of the chief judge or his or her designee, who shall
472	serve as chair; the state attorney, the public defender, and the
473	program administrator, or their designees; and such other
474	persons as the chair deems appropriate. The advisory committee
475	may not designate any defendant eligible for a pretrial
476	intervention program for any offense that is not listed under
477	paragraph (6)(a) without the state attorney's recommendation and
478	approval. The committee may also include persons representing
479	any other agencies to which persons released to the pretrial
480	intervention program may be referred.
481	(7)(8)  The department may contract for the services and
482	facilities necessary to operate pretrial intervention programs.
483	Section 10.  Section 948.16, Florida Statutes, is amended
484	to read:
485	948.16  Misdemeanor pretrial substance abuse education and
486	treatment intervention program.--
487	(1)(a)  A person who is charged with a misdemeanor for
488	possession of a controlled substance or drug paraphernalia under
489	chapter 893, and who has not previously been convicted of a
490	felony nor been admitted to a pretrial program, is eligible for
491	voluntary admission into a misdemeanor pretrial substance abuse
492	education and treatment intervention program, including a
493	treatment-based drug court program established pursuant to s.
494	397.334, approved by the chief judge of the circuit, for a
495	period based on the program requirements and the treatment plan
496	for the offender, upon motion of either party or the court's own
497	motion, except, if the state attorney believes the facts and
498	circumstances of the case suggest the defendant is involved in
499	dealing and selling controlled substances, the court shall hold
500	a preadmission hearing. If the state attorney establishes, by a
501	preponderance of the evidence at such hearing, that the
502	defendant was involved in dealing or selling controlled
503	substances, the court shall deny the defendant's admission into
504	the pretrial intervention program.
505	(b)  While enrolled in a pretrial intervention program
506	authorized by this section, the participant is subject to a
507	coordinated strategy developed by a drug court team under s.
508	397.334(3). The coordinated strategy may include a protocol of
509	sanctions that may be imposed upon the participant. The protocol
510	of sanctions must include as available options placement in a
511	secure licensed clinical or jail-based treatment program or
512	serving a period of incarceration for noncompliance with program
513	rules within the time limits established for contempt of court.
514	The coordinated strategy must be provided in writing to the
515	participant before the participant agrees to enter into a
516	pretrial treatment-based drug court program, or other pretrial
517	intervention program.
518	(2)  At the end of the pretrial intervention period, the
519	court shall consider the recommendation of the treatment program
520	and the recommendation of the state attorney as to disposition
521	of the pending charges. The court shall determine, by written
522	finding, whether the defendant successfully completed the
523	pretrial intervention program.
524	(a)  If the court finds that the defendant has not
525	successfully completed the pretrial intervention program, the
526	court may order the person to continue in education and
527	treatment or return the charges to the criminal docket for
528	prosecution.
529	(b)  The court shall dismiss the charges upon finding that
530	the defendant has successfully completed the pretrial
531	intervention program.
532	(3)  Any public or private entity providing a pretrial
533	substance abuse education and treatment program under this
534	section shall contract with the county or appropriate
535	governmental entity. The terms of the contract shall include,
536	but not be limited to, the requirements established for private
537	entities under s. 948.15(3).
538	Section 11.  Section 985.306, Florida Statutes, is amended
539	to read:
540	985.306  Delinquency pretrial intervention program.--
541	(1)(a)  Notwithstanding any provision of law to the
542	contrary, a child who is charged under chapter 893 with a felony
543	of the second or third degree for purchase or possession of a
544	controlled substance under chapter 893; tampering with evidence;
545	solicitation for purchase of a controlled substance; or
546	obtaining a prescription by fraud, and who has not previously
547	been adjudicated for a felony nor been admitted to a delinquency
548	pretrial intervention program under this section, is eligible
549	for voluntary admission into a delinquency pretrial substance
550	abuse education and treatment intervention program, including a
551	treatment-based drug court program established pursuant to s.
552	397.334, approved by the chief judge or alternative sanctions
553	coordinator of the circuit to the extent that funded programs
554	are available, for a period based on the program requirements
555	and the treatment services that are suitable for the offender of
556	not less than 1 year in duration, upon motion of either party or
557	the court's own motion. However, if the state attorney believes
558	that the facts and circumstances of the case suggest the child's
559	involvement in the dealing and selling of controlled substances,
560	the court shall hold a preadmission hearing. If the state
561	attorney establishes by a preponderance of the evidence at such
562	hearing that the child was involved in the dealing and selling
563	of controlled substances, the court shall deny the child's
564	admission into a delinquency pretrial intervention program.
565	(2)  While enrolled in a delinquency pretrial intervention
566	program authorized by this section, a child is subject to a
567	coordinated strategy developed by a drug court team under s.
568	397.334(3). The coordinated strategy may include a protocol of
569	sanctions that may be imposed upon the child. The protocol of
570	sanctions must include as available options placement in a
571	secure licensed clinical facility or placement in a secure
572	detention facility under s. 985.216 for noncompliance with
573	program rules. The coordinated strategy must be provided in
574	writing to the child before the child agrees to enter the
575	pretrial treatment-based drug court program, or other pretrial
576	intervention program.
577	(3)(b)  At the end of the delinquency pretrial intervention
578	period, the court shall consider the recommendation of the state
579	attorney and the program administrator as to disposition of the
580	pending charges. The court shall determine, by written finding,
581	whether the child has successfully completed the delinquency
582	pretrial intervention program.
583	(c)1.  If the court finds that the child has not
584	successfully completed the delinquency pretrial intervention
585	program, the court may order the child to continue in an
586	education, treatment, or urine monitoring program if resources
587	and funding are available or order that the charges revert to
588	normal channels for prosecution.
589	2.  The court may dismiss the charges upon a finding that
590	the child has successfully completed the delinquency pretrial
591	intervention program.
592	(4)(d)  Any entity, whether public or private, providing
593	pretrial substance abuse education, treatment intervention, and
594	a urine monitoring program under this section must contract with
595	the county or appropriate governmental entity, and the terms of
596	the contract must include, but need not be limited to, the
597	requirements established for private entities under s.
598	948.15(3). It is the intent of the Legislature that public or
599	private entities providing substance abuse education and
600	treatment intervention programs involve the active participation
601	of parents, schools, churches, businesses, law enforcement
602	agencies, and the department or its contract providers.
603	(2)  The chief judge in each circuit may appoint an
604	advisory committee for the delinquency pretrial intervention
605	program composed of the chief judge or designee, who shall serve
606	as chair; the state attorney, the public defender, and the
607	program administrator, or their designees; and such other
608	persons as the chair deems appropriate. The committee may also
609	include persons representing any other agencies to which
610	children released to the delinquency pretrial intervention
611	program may be referred.
612	Section 12.  This act shall take effect upon becoming a
613	law.

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