HB 175

1
A bill to be entitled
2An act relating to drug court programs; providing a short
3title; amending s. 39.001, F.S.; providing additional
4legislative purposes and intent with respect to the
5treatment of substance abuse, including the use of the
6drug court program model; authorizing the court to require
7certain persons to undergo treatment following
8adjudication; amending s. 39.407, F.S.; authorizing the
9court to order specified persons to submit to a substance
10abuse assessment or evaluation upon a showing of good
11cause in connection with a shelter petition or petition
12for dependency; amending ss. 39.507 and 39.521, F.S.;
13authorizing the court to order specified persons to submit
14to a substance abuse assessment as part of an adjudicatory
15order or pursuant to a disposition hearing; requiring a
16showing of good cause; authorizing the court to require
17participation in a treatment-based drug court program;
18authorizing the court to impose sanctions for
19noncompliance; amending s. 397.334, F.S.; revising
20legislative intent with respect to treatment-based drug
21court programs to reflect participation by community
22support agencies, the Department of Education, and other
23individuals; including postadjudicatory programs as part
24of treatment-based drug court programs; providing
25requirements and sanctions, including treatment by
26specified licensed service providers, jail-based
27treatment, secure detention, or incarceration, for the
28coordinated strategy developed by the drug court team to
29encourage participant compliance; requiring each judicial
30circuit to establish a position for a coordinator of the
31treatment-based drug court program, subject to annual
32appropriation by the Legislature; authorizing the chief
33judge of each judicial circuit to appoint an advisory
34committee for the treatment-based drug court program;
35providing for membership of the committee; revising
36language with respect to an annual report; amending s.
37910.035, F.S.; revising language with respect to
38conditions for the transfer of a case in the drug court
39treatment program to a county other than that in which the
40charge arose; amending ss. 948.08, 948.16, and 985.306,
41F.S., relating to felony, misdemeanor, and delinquency
42pretrial substance abuse education and treatment
43intervention programs; providing for application of the
44coordinated strategy developed by the drug court team;
45providing for expungement of certain records and pleas;
46removing provisions authorizing appointment of an advisory
47committee, to conform to changes made by the act;
48providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  This act may be cited as the "Robert J. Koch
53Drug Court Intervention Act."
54     Section 2.  Subsection (4) of section 39.001, Florida
55Statutes, is amended to read:
56     39.001  Purposes and intent; personnel standards and
57screening.--
58     (4)  SUBSTANCE ABUSE SERVICES.--
59     (a)  The Legislature recognizes that early referral and
60comprehensive treatment can help combat substance abuse in
61families and that treatment is cost effective.
62     (b)  The Legislature establishes the following goals for
63the state related to substance abuse treatment services in the
64dependency process:
65     1.  To ensure the safety of children.
66     2.  To prevent and remediate the consequences of substance
67abuse on families involved in protective supervision or foster
68care and reduce substance abuse, including alcohol abuse, for
69families who are at risk of being involved in protective
70supervision or foster care.
71     3.  To expedite permanency for children and reunify
72healthy, intact families, when appropriate.
73     4.  To support families in recovery.
74     (c)  The Legislature finds that children in the care of the
75state's dependency system need appropriate health care services,
76that the impact of substance abuse on health indicates the need
77for health care services to include substance abuse services to
78children and parents where appropriate, and that it is in the
79state's best interest that such children be provided the
80services they need to enable them to become and remain
81independent of state care. In order to provide these services,
82the state's dependency system must have the ability to identify
83and provide appropriate intervention and treatment for children
84with personal or family-related substance abuse problems.
85     (d)  It is the intent of the Legislature to encourage the
86use of the drug court program model established by s. 397.334
87and authorize courts to assess children and persons who have
88custody or are requesting custody of children where good cause
89is shown to identify and address substance abuse problems as the
90court deems appropriate at every stage of the dependency
91process. Participation in treatment, including a treatment-based
92drug court program, may be required by the court following
93adjudication. Participation in assessment and treatment prior to
94adjudication shall be voluntary, except as provided in s.
9539.407(16).
96     (e)  It is therefore the purpose of the Legislature to
97provide authority for the state to contract with community
98substance abuse treatment providers for the development and
99operation of specialized support and overlay services for the
100dependency system, which will be fully implemented and used
101utilized as resources permit.
102     (f)  Participation in the treatment-based drug court
103program does not divest any public or private agency of its
104responsibility for a child or adult, but is intended to enable
105these agencies to better meet their needs through shared
106responsibility and resources.
107     Section 3.  Subsection (15) of section 39.407, Florida
108Statutes, is amended, and subsection (16) is added to that
109section, to read:
110     39.407  Medical, psychiatric, and psychological examination
111and treatment of child; physical, or mental, or substance abuse
112examination of parent or person with or requesting child custody
113of child.--
114     (15)  At any time after the filing of a shelter petition or
115petition for dependency, when the mental or physical condition,
116including the blood group, of a parent, caregiver, legal
117custodian, or other person who has custody or is requesting
118custody of a child is in controversy, the court may order the
119person to submit to a physical or mental examination by a
120qualified professional. The order may be made only upon good
121cause shown and pursuant to notice and procedures as set forth
122by the Florida Rules of Juvenile Procedure.
123     (16)  At any time after a shelter petition or petition for
124dependency is filed, the court may order a person who has
125custody or is requesting custody of the child to submit to a
126substance abuse assessment or evaluation. The assessment or
127evaluation must be administered by a qualified professional, as
128defined in s. 397.311. The order may be made only upon good
129cause shown. This subsection does not authorize placement of a
130child with a person seeking custody, other than the parent or
131legal custodian, who requires substance abuse treatment.
132     Section 4.  Subsection (9) is added to section 39.507,
133Florida Statutes, to read:
134     39.507  Adjudicatory hearings; orders of adjudication.--
135     (9)  After an adjudication of dependency, or a finding of
136dependency where adjudication is withheld, the court may order a
137person who has custody or is requesting custody of the child to
138submit to a substance abuse assessment or evaluation. The
139assessment or evaluation must be administered by a qualified
140professional, as defined in s. 397.311. The court may also
141require such person to participate in and comply with treatment
142and services identified as necessary, including, when
143appropriate and available, participation in and compliance with
144a treatment-based drug court program established under s.
145397.334. In addition to supervision by the department, the
146court, including the treatment-based drug court program, may
147oversee the progress and compliance with treatment by a person
148who has custody or is requesting custody of the child. The court
149may impose appropriate available sanctions for noncompliance
150upon a person who has custody or is requesting custody of the
151child or make a finding of noncompliance for consideration in
152determining whether an alternative placement of the child is in
153the child's best interests. Any order entered under this
154subsection may be made only upon good cause shown. This
155subsection does not authorize placement of a child with a person
156seeking custody, other than the parent or legal custodian, who
157requires substance abuse treatment.
158     Section 5.  Paragraph (b) of subsection (1) of section
15939.521, Florida Statutes, is amended to read:
160     39.521  Disposition hearings; powers of disposition.--
161     (1)  A disposition hearing shall be conducted by the court,
162if the court finds that the facts alleged in the petition for
163dependency were proven in the adjudicatory hearing, or if the
164parents or legal custodians have consented to the finding of
165dependency or admitted the allegations in the petition, have
166failed to appear for the arraignment hearing after proper
167notice, or have not been located despite a diligent search
168having been conducted.
169     (b)  When any child is adjudicated by a court to be
170dependent, the court having jurisdiction of the child has the
171power by order to:
172     1.  Require the parent and, when appropriate, the legal
173custodian and the child, to participate in treatment and
174services identified as necessary. The court may require the
175person who has custody or who is requesting custody of the child
176to submit to a substance abuse assessment or evaluation. The
177assessment or evaluation must be administered by a qualified
178professional, as defined in s. 397.311. The court may also
179require such person to participate in and comply with treatment
180and services identified as necessary, including, when
181appropriate and available, participation in and compliance with
182a treatment-based drug court program established under s.
183397.334. In addition to supervision by the department, the
184court, including the treatment-based drug court program, may
185oversee the progress and compliance with treatment by a person
186who has custody or is requesting custody of the child. The court
187may impose appropriate available sanctions for noncompliance
188upon a person who has custody or is requesting custody of the
189child or make a finding of noncompliance for consideration in
190determining whether an alternative placement of the child is in
191the child's best interests. Any order entered under this
192subparagraph may be made only upon good cause shown. This
193subparagraph does not authorize placement of a child with a
194person seeking custody of the child, other than the child's
195parent or legal custodian, who requires substance abuse
196treatment.
197     2.  Require, if the court deems necessary, the parties to
198participate in dependency mediation.
199     3.  Require placement of the child either under the
200protective supervision of an authorized agent of the department
201in the home of one or both of the child's parents or in the home
202of a relative of the child or another adult approved by the
203court, or in the custody of the department. Protective
204supervision continues until the court terminates it or until the
205child reaches the age of 18, whichever date is first. Protective
206supervision shall be terminated by the court whenever the court
207determines that permanency has been achieved for the child,
208whether with a parent, another relative, or a legal custodian,
209and that protective supervision is no longer needed. The
210termination of supervision may be with or without retaining
211jurisdiction, at the court's discretion, and shall in either
212case be considered a permanency option for the child. The order
213terminating supervision by the department shall set forth the
214powers of the custodian of the child and shall include the
215powers ordinarily granted to a guardian of the person of a minor
216unless otherwise specified. Upon the court's termination of
217supervision by the department, no further judicial reviews are
218required, so long as permanency has been established for the
219child.
220     Section 6.  Section 397.334, Florida Statutes, is amended
221to read:
222     397.334  Treatment-based drug court programs.--
223     (1)  Each county may fund a treatment-based drug court
224program under which persons in the justice system assessed with
225a substance abuse problem will be processed in such a manner as
226to appropriately address the severity of the identified
227substance abuse problem through treatment services plans
228tailored to the individual needs of the participant. It is the
229intent of the Legislature to encourage the Department of
230Corrections, the Department of Children and Family Services, the
231Department of Juvenile Justice, the Department of Health, the
232Department of Law Enforcement, the Department of Education, and
233such other agencies, local governments, law enforcement
234agencies, and other interested public or private sources, and
235individuals to support the creation and establishment of these
236problem-solving court programs. Participation in the treatment-
237based drug court programs does not divest any public or private
238agency of its responsibility for a child or adult, but enables
239allows these agencies to better meet their needs through shared
240responsibility and resources.
241     (2)  Entry into any pretrial treatment-based drug court
242program shall be voluntary. When neither s. 948.08(6)(a)1. nor
243s. 948.08(6)(a)2. applies, the court may order an individual to
244enter into a pretrial treatment-based drug court program only
245upon written agreement by the individual, which shall include a
246statement that the individual understands the requirements of
247the program and the potential sanctions for noncompliance.
248     (3)(2)  The treatment-based drug court programs shall
249include therapeutic jurisprudence principles and adhere to the
250following 10 key components, recognized by the Drug Courts
251Program Office of the Office of Justice Programs of the United
252States Department of Justice and adopted by the Florida Supreme
253Court Treatment-Based Drug Court Steering Committee:
254     (a)  Drug court programs integrate alcohol and other drug
255treatment services with justice system case processing.
256     (b)  Using a nonadversarial approach, prosecution and
257defense counsel promote public safety while protecting
258participants' due process rights.
259     (c)  Eligible participants are identified early and
260promptly placed in the drug court program.
261     (d)  Drug court programs provide access to a continuum of
262alcohol, drug, and other related treatment and rehabilitation
263services.
264     (e)  Abstinence is monitored by frequent testing for
265alcohol and other drugs.
266     (f)  A coordinated strategy governs drug court program
267responses to participants' compliance.
268     (g)  Ongoing judicial interaction with each drug court
269program participant is essential.
270     (h)  Monitoring and evaluation measure the achievement of
271program goals and gauge program effectiveness.
272     (i)  Continuing interdisciplinary education promotes
273effective drug court program planning, implementation, and
274operations.
275     (j)  Forging partnerships among drug court programs, public
276agencies, and community-based organizations generates local
277support and enhances drug court program effectiveness.
278     (4)(3)  Treatment-based drug court programs may include
279pretrial intervention programs as provided in ss. 948.08,
280948.16, and 985.306, treatment-based drug court programs
281authorized in chapter 39, postadjudicatory programs, and review
282of the status of compliance or noncompliance of sentenced
283offenders through a treatment-based drug court program. While
284enrolled in a treatment-based drug court program, the
285participant is subject to a coordinated strategy developed by a
286drug court team under subsection (3). The coordinated strategy
287may include a protocol of sanctions that may be imposed upon the
288participant for noncompliance with program rules. The protocol
289of sanctions may include, but is not limited to, placement in a
290substance abuse treatment program offered by a licensed service
291provider as defined in s. 397.311 or in a jail-based treatment
292program or serving a period of secure detention under chapter
293985 if a child or a period of incarceration within the time
294limits established for contempt of court if an adult. The
295coordinated strategy must be provided in writing to the
296participant before the participant agrees to enter into a
297treatment-based drug court program.
298     (5)  Contingent upon an annual appropriation by the
299Legislature, each judicial circuit shall establish, at a
300minimum, one coordinator position for the treatment-based drug
301court program within the state courts system to coordinate the
302responsibilities of the participating agencies and service
303providers. Each coordinator shall provide direct support to the
304treatment-based drug court program by providing coordination
305between the multidisciplinary team and the judiciary, providing
306case management, monitoring compliance of the participants in
307the treatment-based drug court program with court requirements,
308and providing program evaluation and accountability.
309     (6)(4)(a)  The Florida Association of Drug Court Program
310Professionals is created. The membership of the association may
311consist of treatment-based drug court program practitioners who
312comprise the multidisciplinary treatment-based drug court
313program team, including, but not limited to, judges, state
314attorneys, defense counsel, treatment-based drug court program
315coordinators, probation officers, law enforcement officers,
316community representatives, members of the academic community,
317and treatment professionals. Membership in the association shall
318be voluntary.
319     (b)  The association shall annually elect a chair whose
320duty is to solicit recommendations from members on issues
321relating to the expansion, operation, and institutionalization
322of treatment-based drug court programs. The chair is responsible
323for providing on or before October 1 of each year the
324association's recommendations and an annual report to the
325appropriate Supreme Court Treatment-Based Drug Court Steering
326committee or to the appropriate personnel of the Office of the
327State Courts Administrator, and shall submit a report each year,
328on or before October 1, to the steering committee.
329     (7)(5)  If a county chooses to fund a treatment-based drug
330court program, the county must secure funding from sources other
331than the state for those costs not otherwise assumed by the
332state pursuant to s. 29.004. However, this does not preclude
333counties from using treatment and other service dollars provided
334through state executive branch agencies. Counties may provide,
335by interlocal agreement, for the collective funding of these
336programs.
337     (8)  The chief judge of each judicial circuit may appoint
338an advisory committee for the treatment-based drug court
339program. The committee shall be composed of the chief judge, or
340his or her designee, who shall serve as chair; the judge of the
341treatment-based drug court program, if not otherwise designated
342by the chief judge as his or her designee; the state attorney,
343or his or her designee; the public defender, or his or her
344designee; the treatment-based drug court program coordinators;
345community representatives; treatment representatives; and any
346other persons the chair finds are appropriate.
347     Section 7.  Paragraphs (b) and (e) of subsection (5) of
348section 910.035, Florida Statutes, are amended to read:
349     910.035  Transfer from county for plea and sentence.--
350     (5)  Any person eligible for participation in a drug court
351treatment program pursuant to s. 948.08(6) may be eligible to
352have the case transferred to a county other than that in which
353the charge arose if the drug court program agrees and if the
354following conditions are met:
355     (b)  If approval for transfer is received from all parties,
356the trial court shall accept a plea of nolo contendere and enter
357a transfer order directing the clerk to transfer the case to the
358county which has accepted the defendant into its drug court
359program.
360     (e)  Upon successful completion of the drug court program,
361the jurisdiction to which the case has been transferred shall
362dispose of the case pursuant to s. 948.08(6). If the defendant
363does not complete the drug court program successfully, the
364jurisdiction to which the case has been transferred shall
365dispose of the case within the guidelines of the Criminal
366Punishment Code case shall be prosecuted as determined by the
367state attorneys of the sending and receiving counties.
368     Section 8.  Subsections (6), (7), and (8) of section
369948.08, Florida Statutes, are amended to read:
370     948.08  Pretrial intervention program.--
371     (6)(a)  Notwithstanding any provision of this section, a
372person who is charged with a felony of the second or third
373degree for purchase or possession of a controlled substance
374under chapter 893, prostitution, tampering with evidence,
375solicitation for purchase of a controlled substance, or
376obtaining a prescription by fraud; who has not been charged with
377a crime involving violence, including, but not limited to,
378murder, sexual battery, robbery, carjacking, home-invasion
379robbery, or any other crime involving violence; and who has not
380previously been convicted of a felony nor been admitted to a
381felony pretrial program referred to in this section is eligible
382for voluntary admission into a pretrial substance abuse
383education and treatment intervention program, including a
384treatment-based drug court program established pursuant to s.
385397.334, approved by the chief judge of the circuit, for a
386period of not less than 1 year in duration, upon motion of
387either party or the court's own motion, except:
388     1.  If a defendant was previously offered admission to a
389pretrial substance abuse education and treatment intervention
390program at any time prior to trial and the defendant rejected
391that offer on the record, then the court or the state attorney
392may deny the defendant's admission to such a program.
393     2.  If the state attorney believes that the facts and
394circumstances of the case suggest the defendant's involvement in
395the dealing and selling of controlled substances, the court
396shall hold a preadmission hearing. If the state attorney
397establishes, by a preponderance of the evidence at such hearing,
398that the defendant was involved in the dealing or selling of
399controlled substances, the court shall deny the defendant's
400admission into a pretrial intervention program.
401     (b)  While enrolled in a pretrial intervention program
402authorized by this subsection, the participant is subject to a
403coordinated strategy developed by a drug court team under s.
404397.334(3). The coordinated strategy may include a protocol of
405sanctions that may be imposed upon the participant for
406noncompliance with program rules. The protocol of sanctions may
407include, but is not limited to, placement in a substance abuse
408treatment program offered by a licensed service provider as
409defined in s. 397.311 or in a jail-based treatment program or
410serving a period of incarceration within the time limits
411established for contempt of court. The coordinated strategy must
412be provided in writing to the participant before the participant
413agrees to enter into a pretrial treatment-based drug court
414program or other pretrial intervention program. Any person whose
415charges are dismissed after successful completion of the
416treatment-based drug court program, if otherwise eligible, may
417have his or her arrest record and plea of nolo contendere to the
418dismissed charges expunged under s. 943.0585.
419     (c)(b)  At the end of the pretrial intervention period, the
420court shall consider the recommendation of the administrator
421pursuant to subsection (5) and the recommendation of the state
422attorney as to disposition of the pending charges. The court
423shall determine, by written finding, whether the defendant has
424successfully completed the pretrial intervention program.
425     (c)1.  Notwithstanding the coordinated strategy developed
426by a drug court team pursuant to s. 397.334(3), if the court
427finds that the defendant has not successfully completed the
428pretrial intervention program, the court may order the person to
429continue in education and treatment, which may include substance
430abuse treatment programs offered by licensed service providers
431as defined in s. 397.311 or jail-based treatment programs, or
432order that the charges revert to normal channels for
433prosecution.
434     2.  The court shall dismiss the charges upon a finding that
435the defendant has successfully completed the pretrial
436intervention program.
437     (d)  Any entity, whether public or private, providing a
438pretrial substance abuse education and treatment intervention
439program under this subsection must contract with the county or
440appropriate governmental entity, and the terms of the contract
441must include, but need not be limited to, the requirements
442established for private entities under s. 948.15(3).
443     (7)  The chief judge in each circuit may appoint an
444advisory committee for the pretrial intervention program
445composed of the chief judge or his or her designee, who shall
446serve as chair; the state attorney, the public defender, and the
447program administrator, or their designees; and such other
448persons as the chair deems appropriate. The advisory committee
449may not designate any defendant eligible for a pretrial
450intervention program for any offense that is not listed under
451paragraph (6)(a) without the state attorney's recommendation and
452approval. The committee may also include persons representing
453any other agencies to which persons released to the pretrial
454intervention program may be referred.
455     (7)(8)  The department may contract for the services and
456facilities necessary to operate pretrial intervention programs.
457     Section 9.  Section 948.16, Florida Statutes, is amended to
458read:
459     948.16  Misdemeanor pretrial substance abuse education and
460treatment intervention program.--
461     (1)(a)  A person who is charged with a misdemeanor for
462possession of a controlled substance or drug paraphernalia under
463chapter 893, and who has not previously been convicted of a
464felony nor been admitted to a pretrial program, is eligible for
465voluntary admission into a misdemeanor pretrial substance abuse
466education and treatment intervention program, including a
467treatment-based drug court program established pursuant to s.
468397.334, approved by the chief judge of the circuit, for a
469period based on the program requirements and the treatment plan
470for the offender, upon motion of either party or the court's own
471motion, except, if the state attorney believes the facts and
472circumstances of the case suggest the defendant is involved in
473dealing and selling controlled substances, the court shall hold
474a preadmission hearing. If the state attorney establishes, by a
475preponderance of the evidence at such hearing, that the
476defendant was involved in dealing or selling controlled
477substances, the court shall deny the defendant's admission into
478the pretrial intervention program.
479     (b)  While enrolled in a pretrial intervention program
480authorized by this section, the participant is subject to a
481coordinated strategy developed by a drug court team under s.
482397.334(3). The coordinated strategy may include a protocol of
483sanctions that may be imposed upon the participant for
484noncompliance with program rules. The protocol of sanctions may
485include, but is not limited to, placement in a substance abuse
486treatment program offered by a licensed service provider as
487defined in s. 397.311 or in a jail-based treatment program or
488serving a period of incarceration within the time limits
489established for contempt of court. The coordinated strategy must
490be provided in writing to the participant before the participant
491agrees to enter into a pretrial treatment-based drug court
492program or other pretrial intervention program. Any person whose
493charges are dismissed after successful completion of the
494treatment-based drug court program, if otherwise eligible, may
495have his or her arrest record and plea of nolo contendere to the
496dismissed charges expunged under s. 943.0585.
497     (2)  At the end of the pretrial intervention period, the
498court shall consider the recommendation of the treatment program
499and the recommendation of the state attorney as to disposition
500of the pending charges. The court shall determine, by written
501finding, whether the defendant successfully completed the
502pretrial intervention program.
503     (a)  Notwithstanding the coordinated strategy developed by
504a drug court team pursuant to s. 397.334(3), if the court finds
505that the defendant has not successfully completed the pretrial
506intervention program, the court may order the person to continue
507in education and treatment or return the charges to the criminal
508docket for prosecution.
509     (b)  The court shall dismiss the charges upon finding that
510the defendant has successfully completed the pretrial
511intervention program.
512     (3)  Any public or private entity providing a pretrial
513substance abuse education and treatment program under this
514section shall contract with the county or appropriate
515governmental entity. The terms of the contract shall include,
516but not be limited to, the requirements established for private
517entities under s. 948.15(3).
518     Section 10.  Section 985.306, Florida Statutes, is amended
519to read:
520     985.306  Delinquency pretrial intervention program.--
521     (1)(a)  Notwithstanding any provision of law to the
522contrary, a child who is charged under chapter 893 with a felony
523of the second or third degree for purchase or possession of a
524controlled substance under chapter 893; tampering with evidence;
525solicitation for purchase of a controlled substance; or
526obtaining a prescription by fraud, and who has not previously
527been adjudicated for a felony nor been admitted to a delinquency
528pretrial intervention program under this section, is eligible
529for voluntary admission into a delinquency pretrial substance
530abuse education and treatment intervention program, including a
531treatment-based drug court program established pursuant to s.
532397.334, approved by the chief judge or alternative sanctions
533coordinator of the circuit to the extent that funded programs
534are available, for a period based on the program requirements
535and the treatment services that are suitable for the offender of
536not less than 1 year in duration, upon motion of either party or
537the court's own motion. However, if the state attorney believes
538that the facts and circumstances of the case suggest the child's
539involvement in the dealing and selling of controlled substances,
540the court shall hold a preadmission hearing. If the state
541attorney establishes by a preponderance of the evidence at such
542hearing that the child was involved in the dealing and selling
543of controlled substances, the court shall deny the child's
544admission into a delinquency pretrial intervention program.
545     (2)  While enrolled in a delinquency pretrial intervention
546program authorized by this section, a child is subject to a
547coordinated strategy developed by a drug court team under s.
548397.334(3). The coordinated strategy may include a protocol of
549sanctions that may be imposed upon the child for noncompliance
550with program rules. The protocol of sanctions may include, but
551is not limited to, placement in a substance abuse treatment
552program offered by a licensed service provider as defined in s.
553397.311 or serving a period of secure detention under this
554chapter. The coordinated strategy must be provided in writing to
555the child before the child agrees to enter the pretrial
556treatment-based drug court program or other pretrial
557intervention program. Any child whose charges are dismissed
558after successful completion of the treatment-based drug court
559program, if otherwise eligible, may have his or her arrest
560record and plea of nolo contendere to the dismissed charges
561expunged under s. 943.0585.
562     (3)(b)  At the end of the delinquency pretrial intervention
563period, the court shall consider the recommendation of the state
564attorney and the program administrator as to disposition of the
565pending charges. The court shall determine, by written finding,
566whether the child has successfully completed the delinquency
567pretrial intervention program.
568     (c)1.  Notwithstanding the coordinated strategy developed
569by a drug court team pursuant to s. 397.334(3), if the court
570finds that the child has not successfully completed the
571delinquency pretrial intervention program, the court may order
572the child to continue in an education, treatment, or urine
573monitoring program if resources and funding are available or
574order that the charges revert to normal channels for
575prosecution.
576     2.  The court may dismiss the charges upon a finding that
577the child has successfully completed the delinquency pretrial
578intervention program.
579     (4)(d)  Any entity, whether public or private, providing
580pretrial substance abuse education, treatment intervention, and
581a urine monitoring program under this section must contract with
582the county or appropriate governmental entity, and the terms of
583the contract must include, but need not be limited to, the
584requirements established for private entities under s.
585948.15(3). It is the intent of the Legislature that public or
586private entities providing substance abuse education and
587treatment intervention programs involve the active participation
588of parents, schools, churches, businesses, law enforcement
589agencies, and the department or its contract providers.
590     (2)  The chief judge in each circuit may appoint an
591advisory committee for the delinquency pretrial intervention
592program composed of the chief judge or designee, who shall serve
593as chair; the state attorney, the public defender, and the
594program administrator, or their designees; and such other
595persons as the chair deems appropriate. The committee may also
596include persons representing any other agencies to which
597children released to the delinquency pretrial intervention
598program may be referred.
599     Section 11.  This act shall take effect upon becoming a
600law.


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