Senate Bill sb0444

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    Florida Senate - 2006                                   SB 444

    By Senators Campbell and Miller





    32-521-06

  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 upon a showing of good cause in

13         connection with a shelter petition or petition

14         for dependency; amending ss. 39.507 and 39.521,

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

16         persons to submit to a substance abuse

17         assessment as part of an adjudicatory order or

18         pursuant to a disposition hearing; requiring a

19         showing of good cause; authorizing the court to

20         require participation in a treatment-based drug

21         court program; authorizing the court to impose

22         sanctions for noncompliance; amending s.

23         39.701, F.S.; authorizing the court to extend

24         the time for completing a case plan during

25         judicial review, based upon participation in a

26         treatment-based drug court program; amending s.

27         397.334, F.S.; revising legislative intent with

28         respect to treatment-based drug court programs

29         to reflect participation by community support

30         agencies, the Department of Education, and

31         other individuals; including postadjudicatory

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 1         programs as part of treatment-based drug court

 2         programs; providing requirements and sanctions,

 3         including clinical placement or incarceration,

 4         for the coordinated strategy developed by the

 5         drug court team to encourage participant

 6         compliance; requiring each judicial circuit to

 7         establish a position for a coordinator of the

 8         treatment-based drug court program, subject to

 9         annual appropriation by the Legislature;

10         authorizing the chief judge of each judicial

11         circuit to appoint an advisory committee for

12         the treatment-based drug court program;

13         providing for membership of the committee;

14         revising language with respect to an annual

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

16         language with respect to conditions for the

17         transfer of a case in the drug court treatment

18         program to a county other than that in which

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

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

21         misdemeanor, and delinquency pretrial substance

22         abuse education and treatment intervention

23         programs; deleting a provision authorizing the

24         court or state attorney to deny a defendant's

25         admission to a treatment program; providing

26         requirements and sanctions, including clinical

27         placement or incarceration, for the coordinated

28         strategy developed by the drug court team to

29         encourage participant compliance and removing

30         provisions authorizing appointment of an

31  

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 1         advisory committee, to conform to changes made

 2         by the act; providing an effective date.

 3  

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

 5  

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

 7  Koch Drug Court Intervention Act."

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

 9  Statutes, is amended to read:

10         39.001  Purposes and intent; personnel standards and

11  screening.--

12         (4)  SUBSTANCE ABUSE SERVICES.--

13         (a)  The Legislature recognizes that early referral and

14  comprehensive treatment can help combat substance abuse in

15  families and that treatment is cost-effective.

16         (b)  The Legislature establishes the following goals

17  for the state related to substance abuse treatment services in

18  the dependency process:

19         1.  To ensure the safety of children.

20         2.  To prevent and remediate the consequences of

21  substance abuse on families involved in protective supervision

22  or foster care and reduce substance abuse, including alcohol

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

24  protective supervision or foster care.

25         3.  To expedite permanency for children and reunify

26  healthy, intact families, when appropriate.

27         4.  To support families in recovery.

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

29  the state's dependency system need appropriate health care

30  services, that the impact of substance abuse on health

31  indicates the need for health care services to include

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 1  substance abuse services to children and parents where

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

 3  such children be provided the services they need to enable

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

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

 6  have the ability to identify and provide appropriate

 7  intervention and treatment for children with personal or

 8  family-related substance abuse problems.

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

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

11  397.334 and authorize courts to assess parents and children

12  where good cause is shown to identify and address substance

13  abuse problems as the court deems appropriate at every stage

14  of the dependency process. Participation in treatment,

15  including a treatment-based drug court program, may be

16  required by the court following adjudication. Participation in

17  assessment and treatment prior to adjudication shall be

18  voluntary, except as provided in s. 39.407(16).

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

20  provide authority for the state to contract with community

21  substance abuse treatment providers for the development and

22  operation of specialized support and overlay services for the

23  dependency system, which will be fully implemented and used

24  utilized as resources permit.

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

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

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

28  these agencies to better meet their needs through shared

29  responsibility and resources.

30         Section 3.  Section 39.407, Florida Statutes, is

31  amended to read:

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 1         39.407  Medical, psychiatric, and psychological

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

 3  substance abuse examination of parent or person with or

 4  requesting child custody of child.--

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

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

 7  authorized to have a medical screening performed on the child

 8  without authorization from the court and without consent from

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

10  performed by a licensed health care professional and shall be

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

12  diseases and to determine the need for immunization.  The

13  department shall by rule establish the invasiveness of the

14  medical procedures authorized to be performed under this

15  subsection.  In no case does this subsection authorize the

16  department to consent to medical treatment for such children.

17         (2)  When the department has performed the medical

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

19  otherwise determined by a licensed health care professional

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

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

22  treatment, including the need for immunization, consent for

23  medical treatment shall be obtained in the following manner:

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

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

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

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

28  unavailable and his or her whereabouts cannot be reasonably

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

30  court order cannot reasonably be obtained, an authorized agent

31  of the department shall have the authority to consent to

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 1  necessary medical treatment, including immunization, for the

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

 3  treatment in this circumstance shall be limited to the time

 4  reasonably necessary to obtain court authorization.

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

 6  available but refuses to consent to the necessary treatment,

 7  including immunization, a court order shall be required unless

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

 9  743.064 or the treatment needed is related to suspected abuse,

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

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

12  the authority to consent to necessary medical treatment.  This

13  authority is limited to the time reasonably necessary to

14  obtain court authorization.

15  

16  In no case shall the department consent to sterilization,

17  abortion, or termination of life support.

18         (3)(a)1.  Except as otherwise provided in subparagraph

19  (b)1. or paragraph (e), before the department provides

20  psychotropic medications to a child in its custody, the

21  prescribing physician shall attempt to obtain express and

22  informed consent, as defined in s. 394.455(9) and as described

23  in s. 394.459(3)(a), from the child's parent or legal

24  guardian. The department must take steps necessary to

25  facilitate the inclusion of the parent in the child's

26  consultation with the physician. However, if the parental

27  rights of the parent have been terminated, the parent's

28  location or identity is unknown or cannot reasonably be

29  ascertained, or the parent declines to give express and

30  informed consent, the department may, after consultation with

31  the prescribing physician, seek court authorization to provide

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 1  the psychotropic medications to the child. Unless parental

 2  rights have been terminated and if it is possible to do so,

 3  the department shall continue to involve the parent in the

 4  decisionmaking process regarding the provision of psychotropic

 5  medications. If, at any time, a parent whose parental rights

 6  have not been terminated provides express and informed consent

 7  to the provision of a psychotropic medication, the

 8  requirements of this section that the department seek court

 9  authorization do not apply to that medication until such time

10  as the parent no longer consents.

11         2.  Any time the department seeks a medical evaluation

12  to determine the need to initiate or continue a psychotropic

13  medication for a child, the department must provide to the

14  evaluating physician all pertinent medical information known

15  to the department concerning that child.

16         (b)1.  If a child who is removed from the home under s.

17  39.401 is receiving prescribed psychotropic medication at the

18  time of removal and parental authorization to continue

19  providing the medication cannot be obtained, the department

20  may take possession of the remaining medication and may

21  continue to provide the medication as prescribed until the

22  shelter hearing, if it is determined that the medication is a

23  current prescription for that child and the medication is in

24  its original container.

25         2.  If the department continues to provide the

26  psychotropic medication to a child when parental authorization

27  cannot be obtained, the department shall notify the parent or

28  legal guardian as soon as possible that the medication is

29  being provided to the child as provided in subparagraph 1. The

30  child's official departmental record must include the reason

31  parental authorization was not initially obtained and an

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 1  explanation of why the medication is necessary for the child's

 2  well-being.

 3         3.  If the department is advised by a physician

 4  licensed under chapter 458 or chapter 459 that the child

 5  should continue the psychotropic medication and parental

 6  authorization has not been obtained, the department shall

 7  request court authorization at the shelter hearing to continue

 8  to provide the psychotropic medication and shall provide to

 9  the court any information in its possession in support of the

10  request. Any authorization granted at the shelter hearing may

11  extend only until the arraignment hearing on the petition for

12  adjudication of dependency or 28 days following the date of

13  removal, whichever occurs sooner.

14         4.  Before filing the dependency petition, the

15  department shall ensure that the child is evaluated by a

16  physician licensed under chapter 458 or chapter 459 to

17  determine whether it is appropriate to continue the

18  psychotropic medication. If, as a result of the evaluation,

19  the department seeks court authorization to continue the

20  psychotropic medication, a motion for such continued

21  authorization shall be filed at the same time as the

22  dependency petition, within 21 days after the shelter hearing.

23         (c)  Except as provided in paragraphs (b) and (e), the

24  department must file a motion seeking the court's

25  authorization to initially provide or continue to provide

26  psychotropic medication to a child in its legal custody. The

27  motion must be supported by a written report prepared by the

28  department which describes the efforts made to enable the

29  prescribing physician to obtain express and informed consent

30  for providing the medication to the child and other treatments

31  considered or recommended for the child. In addition, the

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 1  motion must be supported by the prescribing physician's signed

 2  medical report providing:

 3         1.  The name of the child, the name and range of the

 4  dosage of the psychotropic medication, and that there is a

 5  need to prescribe psychotropic medication to the child based

 6  upon a diagnosed condition for which such medication is being

 7  prescribed.

 8         2.  A statement indicating that the physician has

 9  reviewed all medical information concerning the child which

10  has been provided.

11         3.  A statement indicating that the psychotropic

12  medication, at its prescribed dosage, is appropriate for

13  treating the child's diagnosed medical condition, as well as

14  the behaviors and symptoms the medication, at its prescribed

15  dosage, is expected to address.

16         4.  An explanation of the nature and purpose of the

17  treatment; the recognized side effects, risks, and

18  contraindications of the medication; drug-interaction

19  precautions; the possible effects of stopping the medication;

20  and how the treatment will be monitored, followed by a

21  statement indicating that this explanation was provided to the

22  child if age appropriate and to the child's caregiver.

23         5.  Documentation addressing whether the psychotropic

24  medication will replace or supplement any other currently

25  prescribed medications or treatments; the length of time the

26  child is expected to be taking the medication; and any

27  additional medical, mental health, behavioral, counseling, or

28  other services that the prescribing physician recommends.

29         (d)1.  The department must notify all parties of the

30  proposed action taken under paragraph (c) in writing or by

31  whatever other method best ensures that all parties receive

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 1  notification of the proposed action within 48 hours after the

 2  motion is filed. If any party objects to the department's

 3  motion, that party shall file the objection within 2 working

 4  days after being notified of the department's motion. If any

 5  party files an objection to the authorization of the proposed

 6  psychotropic medication, the court shall hold a hearing as

 7  soon as possible before authorizing the department to

 8  initially provide or to continue providing psychotropic

 9  medication to a child in the legal custody of the department.

10  At such hearing and notwithstanding s. 90.803, the medical

11  report described in paragraph (c) is admissible in evidence.

12  The prescribing physician need not attend the hearing or

13  testify unless the court specifically orders such attendance

14  or testimony, or a party subpoenas the physician to attend the

15  hearing or provide testimony. If, after considering any

16  testimony received, the court finds that the department's

17  motion and the physician's medical report meet the

18  requirements of this subsection and that it is in the child's

19  best interests, the court may order that the department

20  provide or continue to provide the psychotropic medication to

21  the child without additional testimony or evidence. At any

22  hearing held under this paragraph, the court shall further

23  inquire of the department as to whether additional medical,

24  mental health, behavioral, counseling, or other services are

25  being provided to the child by the department which the

26  prescribing physician considers to be necessary or beneficial

27  in treating the child's medical condition and which the

28  physician recommends or expects to provide to the child in

29  concert with the medication. The court may order additional

30  medical consultation, including consultation with the

31  MedConsult line at the University of Florida, if available, or

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 1  require the department to obtain a second opinion within a

 2  reasonable timeframe as established by the court, not to

 3  exceed 21 calendar days, after such order based upon

 4  consideration of the best interests of the child. The

 5  department must make a referral for an appointment for a

 6  second opinion with a physician within 1 working day. The

 7  court may not order the discontinuation of prescribed

 8  psychotropic medication if such order is contrary to the

 9  decision of the prescribing physician unless the court first

10  obtains an opinion from a licensed psychiatrist, if available,

11  or, if not available, a physician licensed under chapter 458

12  or chapter 459, stating that more likely than not,

13  discontinuing the medication would not cause significant harm

14  to the child. If, however, the prescribing psychiatrist

15  specializes in mental health care for children and

16  adolescents, the court may not order the discontinuation of

17  prescribed psychotropic medication unless the required opinion

18  is also from a psychiatrist who specializes in mental health

19  care for children and adolescents. The court may also order

20  the discontinuation of prescribed psychotropic medication if a

21  child's treating physician, licensed under chapter 458 or

22  chapter 459, states that continuing the prescribed

23  psychotropic medication would cause significant harm to the

24  child due to a diagnosed nonpsychiatric medical condition.

25         2.  The burden of proof at any hearing held under this

26  paragraph shall be by a preponderance of the evidence.

27         (e)1.  If the child's prescribing physician certifies

28  in the signed medical report required in paragraph (c) that

29  delay in providing a prescribed psychotropic medication would

30  more likely than not cause significant harm to the child, the

31  medication may be provided in advance of the issuance of a

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 1  court order. In such event, the medical report must provide

 2  the specific reasons why the child may experience significant

 3  harm and the nature and the extent of the potential harm. The

 4  department must submit a motion seeking continuation of the

 5  medication and the physician's medical report to the court,

 6  the child's guardian ad litem, and all other parties within 3

 7  working days after the department commences providing the

 8  medication to the child. The department shall seek the order

 9  at the next regularly scheduled court hearing required under

10  this chapter, or within 30 days after the date of the

11  prescription, whichever occurs sooner. If any party objects to

12  the department's motion, the court shall hold a hearing within

13  7 days.

14         2.  Psychotropic medications may be administered in

15  advance of a court order in hospitals, crisis stabilization

16  units, and in statewide inpatient psychiatric programs. Within

17  3 working days after the medication is begun, the department

18  must seek court authorization as described in paragraph (c).

19         (f)1.  The department shall fully inform the court of

20  the child's medical and behavioral status as part of the

21  social services report prepared for each judicial review

22  hearing held for a child for whom psychotropic medication has

23  been prescribed or provided under this subsection. As a part

24  of the information provided to the court, the department shall

25  furnish copies of all pertinent medical records concerning the

26  child which have been generated since the previous hearing. On

27  its own motion or on good cause shown by any party, including

28  any guardian ad litem, attorney, or attorney ad litem who has

29  been appointed to represent the child or the child's

30  interests, the court may review the status more frequently

31  than required in this subsection.

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 1         2.  The court may, in the best interests of the child,

 2  order the department to obtain a medical opinion addressing

 3  whether the continued use of the medication under the

 4  circumstances is safe and medically appropriate.

 5         (g)  The department shall adopt rules to ensure that

 6  children receive timely access to clinically appropriate

 7  psychotropic medications. These rules must include, but need

 8  not be limited to, the process for determining which

 9  adjunctive services are needed, the uniform process for

10  facilitating the prescribing physician's ability to obtain the

11  express and informed consent of a child's parent or guardian,

12  the procedures for obtaining court authorization for the

13  provision of a psychotropic medication, the frequency of

14  medical monitoring and reporting on the status of the child to

15  the court, how the child's parents will be involved in the

16  treatment-planning process if their parental rights have not

17  been terminated, and how caretakers are to be provided

18  information contained in the physician's signed medical

19  report. The rules must also include uniform forms to be used

20  in requesting court authorization for the use of a

21  psychotropic medication and provide for the integration of

22  each child's treatment plan and case plan. The department must

23  begin the formal rulemaking process within 90 days after the

24  effective date of this act.

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

26  placement to be examined by a licensed health care

27  professional.

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

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

30  developmental disability is suspected or alleged, by the

31  developmental disability diagnostic and evaluation team of the

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

 2  residential facility for such evaluation, the criteria and

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

 4  used, whichever is applicable.

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

 6  evaluated by a district school board educational needs

 7  assessment team. The educational needs assessment provided by

 8  the district school board educational needs assessment team

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

10  and achievement tests, screening for learning disabilities and

11  other handicaps, and screening for the need for alternative

12  education as defined in s. 1001.42.

13         (5)  A judge may order a child in an out-of-home

14  placement to be treated by a licensed health care professional

15  based on evidence that the child should receive treatment.

16  The judge may also order such child to receive mental health

17  or developmental disabilities services from a psychiatrist,

18  psychologist, or other appropriate service provider.  Except

19  as provided in subsection (6), if it is necessary to place the

20  child in a residential facility for such services, the

21  procedures and criteria established in s. 394.467 or chapter

22  393 shall be used, whichever is applicable. A child may be

23  provided developmental disabilities or mental health services

24  in emergency situations, pursuant to the procedures and

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

26  is applicable.

27         (6)  Children who are in the legal custody of the

28  department may be placed by the department, without prior

29  approval of the court, in a residential treatment center

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

31  395 for residential mental health treatment only pursuant to

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

 2  an order of involuntary examination or involuntary placement

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

 4  placed in a residential treatment program under this

 5  subsection must have a guardian ad litem appointed.

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

 7         1.  "Residential treatment" means placement for

 8  observation, diagnosis, or treatment of an emotional

 9  disturbance in a residential treatment center licensed under

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

11         2.  "Least restrictive alternative" means the treatment

12  and conditions of treatment that, separately and in

13  combination, are no more intrusive or restrictive of freedom

14  than reasonably necessary to achieve a substantial therapeutic

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

16  physical injury.

17         3.  "Suitable for residential treatment" or

18  "suitability" means a determination concerning a child or

19  adolescent with an emotional disturbance as defined in s.

20  394.492(5) or a serious emotional disturbance as defined in s.

21  394.492(6) that each of the following criteria is met:

22         a.  The child requires residential treatment.

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

24  program and is expected to benefit from mental health

25  treatment.

26         c.  An appropriate, less restrictive alternative to

27  residential treatment is unavailable.

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

29  its legal custody is emotionally disturbed and may need

30  residential treatment, an examination and suitability

31  assessment must be conducted by a qualified evaluator who is

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 1  appointed by the Agency for Health Care Administration. This

 2  suitability assessment must be completed before the placement

 3  of the child in a residential treatment center for emotionally

 4  disturbed children and adolescents or a hospital. The

 5  qualified evaluator must be a psychiatrist or a psychologist

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

 7  the diagnosis and treatment of serious emotional disturbances

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

 9  conflict of interest with any inpatient facility or

10  residential treatment center or program.

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

12  the child shall be assessed for suitability for residential

13  treatment by a qualified evaluator who has conducted a

14  personal examination and assessment of the child and has made

15  written findings that:

16         1.  The child appears to have an emotional disturbance

17  serious enough to require residential treatment and is

18  reasonably likely to benefit from the treatment.

19         2.  The child has been provided with a clinically

20  appropriate explanation of the nature and purpose of the

21  treatment.

22         3.  All available modalities of treatment less

23  restrictive than residential treatment have been considered,

24  and a less restrictive alternative that would offer comparable

25  benefits to the child is unavailable.

26  

27  A copy of the written findings of the evaluation and

28  suitability assessment must be provided to the department and

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

30  discuss the findings with the evaluator.

31  

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

 2  treatment program under this section, the department must

 3  notify the guardian ad litem and the court having jurisdiction

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

 5  court with a copy of the assessment by the qualified

 6  evaluator.

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

 8  residential treatment program, the director of the residential

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

10  an individualized plan of treatment has been prepared by the

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

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

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

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

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

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

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

18  The plan must include a preliminary plan for residential

19  treatment and aftercare upon completion of residential

20  treatment. The plan must include specific behavioral and

21  emotional goals against which the success of the residential

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

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

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

25  treatment program must review the appropriateness and

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

27  residential treatment program must determine whether the child

28  is receiving benefit toward the treatment goals and whether

29  the child could be treated in a less restrictive treatment

30  program. The residential treatment program shall prepare a

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

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

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

 3  discharge plan for the child. The residential treatment

 4  program must continue to evaluate the child's treatment

 5  progress every 30 days thereafter and must include its

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

 7  department may not reimburse a facility until the facility has

 8  submitted every written report that is due.

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

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

11  written report regarding the child's progress toward achieving

12  the goals specified in the individualized plan of treatment.

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

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

15  3 months after the child's admission to the residential

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

17  progress toward achieving the goals and objectives of the

18  treatment plan must be completed by a qualified evaluator and

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

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

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

22  continued placement in residential treatment must be a subject

23  of the judicial review.

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

25  is not suitable for continued residential treatment, the court

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

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

28  needs.

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

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

31  every 90 days.

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 1         (i)  The department must adopt rules for implementing

 2  timeframes for the completion of suitability assessments by

 3  qualified evaluators and a procedure that includes timeframes

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

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

 6  and objectives of the treatment plan which review must be

 7  submitted to the court. The Agency for Health Care

 8  Administration must adopt rules for the registration of

 9  qualified evaluators, the procedure for selecting the

10  evaluators to conduct the reviews required under this section,

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

12  evaluators.

13         (7)  When a child is in an out-of-home placement, a

14  licensed health care professional shall be immediately called

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

16  child shall be taken to the nearest available hospital for

17  emergency care.

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

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

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

21  examination or treatment for the child.

22         (9)  Except as otherwise provided herein, nothing in

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

24  743.064.

25         (10)  A court shall not be precluded from ordering

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

27  accredited practitioner who relies solely on spiritual means

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

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

30  health and when requested by the child.

31  

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 1         (11)  Nothing in this section shall be construed to

 2  authorize the permanent sterilization of the child unless such

 3  sterilization is the result of or incidental to medically

 4  necessary treatment to protect or preserve the life of the

 5  child.

 6         (12)  For the purpose of obtaining an evaluation or

 7  examination, or receiving treatment as authorized pursuant to

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

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

10  primarily for the care and custody of children alleged or

11  found to have committed delinquent acts.

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

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

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

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

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

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

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

19  services for treatment provided.

20         (14)  Nothing in this section alters the authority of

21  the department to consent to medical treatment for a dependent

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

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

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

25  petition or petition for dependency, when the mental or

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

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

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

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

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

31  only upon good cause shown and pursuant to notice and

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 1  procedures as set forth by the Florida Rules of Juvenile

 2  Procedure.

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

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

 5  person who has custody or is requesting custody of the child

 6  to submit to a substance abuse assessment and evaluation. The

 7  assessment and evaluation must be administered by a qualified

 8  professional, as defined in s. 397.311. The order may be made

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

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

11  the parent or legal custodian, who requires substance abuse

12  treatment.

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

14  Florida Statutes, to read:

15         39.507  Adjudicatory hearings; orders of

16  adjudication.--

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

18  of dependency where adjudication is withheld, the court may

19  order a child or a person who has custody or is requesting

20  custody of the child to submit to a substance abuse assessment

21  or evaluation. The assessment or evaluation must be

22  administered by a qualified professional, as defined in s.

23  397.311. The court may also require such person to participate

24  in and comply with treatment and services identified as

25  necessary, including, when appropriate and available,

26  participation in and compliance with a treatment-based drug

27  court program established under s. 397.334. In addition to

28  supervision by the department, the court, including the

29  treatment-based drug court program, may oversee the progress

30  and compliance with treatment by the child or a person who has

31  custody or is requesting custody of the child. The court may

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 1  impose appropriate available sanctions for noncompliance upon

 2  the child or a person who has custody or is requesting custody

 3  of the child or make a finding of noncompliance for

 4  consideration in determining whether an alternative placement

 5  of the child is in the child's best interests. Any order

 6  entered under this subsection may be made only upon good cause

 7  shown. This subsection does not authorize placement of a child

 8  with a person seeking custody, other than the parent or legal

 9  custodian, who requires substance abuse treatment.

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

11  39.521, Florida Statutes, is amended to read:

12         39.521  Disposition hearings; powers of disposition.--

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

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

15  petition for dependency were proven in the adjudicatory

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

17  to the finding of dependency or admitted the allegations in

18  the petition, have failed to appear for the arraignment

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

20  a diligent search having been conducted.

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

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

23  power by order to:

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

25  custodian and the child, to participate in treatment and

26  services identified as necessary. The court may require the

27  child or the person who has custody or who is requesting

28  custody of the child to submit to a substance abuse assessment

29  or evaluation. The assessment or evaluation must be

30  administered by a qualified professional, as defined in s.

31  397.311. The court may also require such person to participate

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 1  in and comply with treatment and services identified as

 2  necessary, including, when appropriate and available,

 3  participation in and compliance with a treatment-based drug

 4  court program established under s. 397.334. In addition to

 5  supervision by the department, the court, including the

 6  treatment-based drug court program, may oversee the progress

 7  and compliance with treatment by the child or a person who has

 8  custody or is requesting custody of the child. The court may

 9  impose appropriate available sanctions for noncompliance upon

10  the child or a person who has custody or is requesting custody

11  of the child or make a finding of noncompliance for

12  consideration in determining whether an alternative placement

13  of the child is in the child's best interests. Any order

14  entered under this subparagraph may be made only upon good

15  cause shown. This subparagraph does not authorize placement of

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

17  the child's parent or legal custodian, who requires substance

18  abuse treatment.

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

20  to participate in dependency mediation.

21         3.  Require placement of the child either under the

22  protective supervision of an authorized agent of the

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

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

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

26  Protective supervision continues until the court terminates it

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

28  first. Protective supervision shall be terminated by the court

29  whenever the court determines that permanency has been

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

31  relative, or a legal custodian, and that protective

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 1  supervision is no longer needed. The termination of

 2  supervision may be with or without retaining jurisdiction, at

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

 4  a permanency option for the child. The order terminating

 5  supervision by the department shall set forth the powers of

 6  the custodian of the child and shall include the powers

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

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

 9  supervision by the department, no further judicial reviews are

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

11  child.

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

13  39.701, Florida Statutes, is amended to read:

14         39.701  Judicial review.--

15         (9)

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

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

18  addition to other modifications, may include a requirement

19  that the parent or legal custodian participate in a

20  treatment-based drug court program established under s.

21  397.334, based upon information provided by the social service

22  agency, and the guardian ad litem, if one has been appointed,

23  the parent or parents, and the foster parents or legal

24  custodian, and any other competent information on record

25  demonstrating the need for the amendment. If the court extends

26  the time limitation of the case plan, the court must make

27  specific findings concerning the frequency of past

28  parent-child visitation, if any, and the court may authorize

29  the expansion or restriction of future visitation.

30  Modifications to the plan must be handled as prescribed in s.

31  

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 1  39.601. Any extension of a case plan must comply with the time

 2  requirements and other requirements specified by this chapter.

 3         Section 7.  Section 397.334, Florida Statutes, is

 4  amended to read:

 5         397.334  Treatment-based drug court programs.--

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

 7  program under which persons in the justice system assessed

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

 9  manner as to appropriately address the severity of the

10  identified substance abuse problem through treatment services

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

12  is the intent of the Legislature to encourage the Department

13  of Corrections, the Department of Children and Family

14  Services, the Department of Juvenile Justice, the Department

15  of Health, the Department of Law Enforcement, the Department

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

17  enforcement agencies, and other interested public or private

18  sources, and individuals to support the creation and

19  establishment of these problem-solving court programs.

20  Participation in the treatment-based drug court programs does

21  not divest any public or private agency of its responsibility

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

23  better meet their needs through shared responsibility and

24  resources.

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

26  program shall be voluntary. The court may only order an

27  individual to enter into a pretrial treatment-based drug court

28  program upon written agreement by the individual, which shall

29  include a statement that the individual understands the

30  requirements of the program and the potential sanctions for

31  noncompliance.

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 1         (3)(2)  The treatment-based drug court programs shall

 2  include therapeutic jurisprudence principles and adhere to the

 3  following 10 key components, recognized by the Drug Courts

 4  Program Office of the Office of Justice Programs of the United

 5  States Department of Justice and adopted by the Florida

 6  Supreme Court Treatment-Based Drug Court Steering Committee:

 7         (a)  Drug court programs integrate alcohol and other

 8  drug treatment services with justice system case processing.

 9         (b)  Using a nonadversarial approach, prosecution and

10  defense counsel promote public safety while protecting

11  participants' due process rights.

12         (c)  Eligible participants are identified early and

13  promptly placed in the drug court program.

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

15  of alcohol, drug, and other related treatment and

16  rehabilitation services.

17         (e)  Abstinence is monitored by frequent testing for

18  alcohol and other drugs.

19         (f)  A coordinated strategy governs drug court program

20  responses to participants' compliance.

21         (g)  Ongoing judicial interaction with each drug court

22  program participant is essential.

23         (h)  Monitoring and evaluation measure the achievement

24  of program goals and gauge program effectiveness.

25         (i)  Continuing interdisciplinary education promotes

26  effective drug court program planning, implementation, and

27  operations.

28         (j)  Forging partnerships among drug court programs,

29  public agencies, and community-based organizations generates

30  local support and enhances drug court program effectiveness.

31  

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 1         (4)(3)  Treatment-based drug court programs may include

 2  pretrial intervention programs as provided in ss. 948.08,

 3  948.16, and 985.306, treatment-based drug court programs

 4  authorized in chapter 39, postadjudicatory programs, and the

 5  monitoring of sentenced offenders through a treatment-based

 6  drug court program. While enrolled in any treatment-based drug

 7  court program, the participant is subject to a coordinated

 8  strategy developed by the drug court team under paragraph

 9  (3)(f). Each coordinated strategy may include a protocol of

10  sanctions that may be imposed upon the participant. The

11  protocol of sanctions for treatment-based programs other than

12  those authorized in chapter 39 must include, and the protocol

13  of sanctions for treatment-based drug court programs

14  authorized in chapter 39 must include, as available options

15  placement in a secure licensed clinical or jail-based

16  treatment program or serving a period of incarceration for

17  noncompliance with program rules within the time limits

18  established for contempt of court. The coordinated strategy

19  must be provided in writing to the participant before the

20  participant agrees to enter into a pretrial treatment-based

21  drug court program. Any person whose charges are dismissed

22  after successful completion of the treatment-based drug court

23  program, if otherwise eligible, may have his or her arrest

24  record and plea of nolo contendere to the dismissed charges

25  expunged under s. 943.0585.

26         (5)  Contingent upon an annual appropriation by the

27  Legislature, each judicial circuit shall establish, at a

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

29  court program within the state courts system to coordinate the

30  responsibilities of the participating agencies and service

31  providers. Each coordinator shall provide direct support to

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 1  the treatment-based drug court program by providing

 2  coordination between the multidisciplinary team and the

 3  judiciary, providing case management, monitoring compliance of

 4  the participants in the treatment-based drug court program

 5  with court requirements, and providing program evaluation and

 6  accountability.

 7         (6)(4)(a)  The Florida Association of Drug Court

 8  Program Professionals is created. The membership of the

 9  association may consist of treatment-based drug court program

10  practitioners who comprise the multidisciplinary

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

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

13  treatment-based drug court program coordinators, probation

14  officers, law enforcement officers, community representatives,

15  members of the academic community, and treatment

16  professionals. Membership in the association shall be

17  voluntary.

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

19  duty is to solicit recommendations from members on issues

20  relating to the expansion, operation, and institutionalization

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

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

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

24  appropriate Supreme Court Treatment-Based Drug Court Steering

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

26  State Courts Administrator, and shall submit a report each

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

28         (7)(5)  If a county chooses to fund a treatment-based

29  drug court program, the county must secure funding from

30  sources other than the state for those costs not otherwise

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

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 1  not preclude counties from using treatment and other service

 2  dollars provided through state executive branch agencies.

 3  Counties may provide, by interlocal agreement, for the

 4  collective funding of these programs.

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

 6  appoint an advisory committee for the treatment-based drug

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

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

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

10  otherwise designated by the chief judge as his or her

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

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

13  drug court program coordinators; community representatives;

14  treatment representatives; and any other persons the chair

15  finds are appropriate.

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

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

18         910.035  Transfer from county for plea and sentence.--

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

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

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

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

23  agrees and if the following conditions are met:

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

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

26  contendere and enter a transfer order directing the clerk to

27  transfer the case to the county which has accepted the

28  defendant into its drug court program.

29         (e)  Upon successful completion of the drug court

30  program, the jurisdiction to which the case has been

31  transferred shall dispose of the case pursuant to s.

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 1  948.08(6). If the defendant does not complete the drug court

 2  program successfully, the jurisdiction to which the case has

 3  been transferred shall dispose of the case within the

 4  guidelines of the Criminal Punishment Code case shall be

 5  prosecuted as determined by the state attorneys of the sending

 6  and receiving counties.

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

 8  948.08, Florida Statutes, are amended to read:

 9         948.08  Pretrial intervention program.--

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

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

12  degree for purchase or possession of a controlled substance

13  under chapter 893, prostitution, tampering with evidence,

14  solicitation for purchase of a controlled substance, or

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

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

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

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

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

20  a felony pretrial program referred to in this section is

21  eligible for voluntary admission into a pretrial substance

22  abuse education and treatment intervention program, including

23  a treatment-based drug court program established pursuant to

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

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

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

27         1.  If a defendant was previously offered admission to

28  a pretrial substance abuse education and treatment

29  intervention program at any time prior to trial and the

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

31  

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

 2  a program.

 3         2.  if the state attorney believes that the facts and

 4  circumstances of the case suggest the defendant's involvement

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

 6  shall hold a preadmission hearing. If the state attorney

 7  establishes, by a preponderance of the evidence at such

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

 9  selling of controlled substances, the court shall deny the

10  defendant's admission into a pretrial intervention program.

11         (b)  While enrolled in a pretrial intervention program

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

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

14  397.334(3). The coordinated strategy may include a protocol of

15  sanctions that may be imposed upon the participant. The

16  protocol of sanctions must include as available options

17  placement in a secure licensed clinical or jail-based

18  treatment program or serving a period of incarceration for

19  noncompliance with program rules within the time limits

20  established for contempt of court. The coordinated strategy

21  must be provided in writing to the participant before the

22  participant agrees to enter into a pretrial treatment-based

23  drug court program, or other pretrial intervention program.

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

25  the court shall consider the recommendation of the

26  administrator pursuant to subsection (5) and the

27  recommendation of the state attorney as to disposition of the

28  pending charges. The court shall determine, by written

29  finding, whether the defendant has successfully completed the

30  pretrial intervention program.

31  

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

 2  successfully completed the pretrial intervention program, the

 3  court may order the person to continue in education and

 4  treatment, which may include secure licensed clinical or

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

 6  revert to normal channels for prosecution.

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

 8  that the defendant has successfully completed the pretrial

 9  intervention program.

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

11  pretrial substance abuse education and treatment intervention

12  program under this subsection must contract with the county or

13  appropriate governmental entity, and the terms of the contract

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

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

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

17  advisory committee for the pretrial intervention program

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

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

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

21  persons as the chair deems appropriate. The advisory committee

22  may not designate any defendant eligible for a pretrial

23  intervention program for any offense that is not listed under

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

25  and approval. The committee may also include persons

26  representing any other agencies to which persons released to

27  the pretrial intervention program may be referred.

28         (7)(8)  The department may contract for the services

29  and facilities necessary to operate pretrial intervention

30  programs.

31  

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 1         Section 10.  Section 948.16, Florida Statutes, is

 2  amended to read:

 3         948.16  Misdemeanor pretrial substance abuse education

 4  and treatment intervention program.--

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

 6  possession of a controlled substance or drug paraphernalia

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

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

 9  eligible for voluntary admission into a misdemeanor pretrial

10  substance abuse education and treatment intervention program,

11  including a treatment-based drug court program established

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

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

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

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

16  believes the facts and circumstances of the case suggest the

17  defendant is involved in dealing and selling 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 defendant was involved in

21  dealing or selling controlled substances, the court shall deny

22  the defendant's admission into the pretrial intervention

23  program.

24         (b)  While enrolled in a pretrial intervention program

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

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

27  397.334(3). The coordinated strategy may include a protocol of

28  sanctions that may be imposed upon the participant. The

29  protocol of sanctions must include as available options

30  placement in a secure licensed clinical or jail-based

31  treatment program or serving a period of incarceration for

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 1  noncompliance with program rules within the time limits

 2  established for contempt of court. The coordinated strategy

 3  must be provided in writing to the participant before the

 4  participant agrees to enter into a pretrial treatment-based

 5  drug court program, or other pretrial intervention program.

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

 7  the court shall consider the recommendation of the treatment

 8  program and the recommendation of the state attorney as to

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

10  by written finding, whether the defendant successfully

11  completed the pretrial intervention program.

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

13  successfully completed the pretrial intervention program, the

14  court may order the person to continue in education and

15  treatment or return the charges to the criminal docket for

16  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 11.  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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    Florida Senate - 2006                                   SB 444
    32-521-06




 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.

29  The protocol of sanctions must include as available options

30  placement in a secure licensed clinical facility or placement

31  in a secure detention facility under s. 985.216 for

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    Florida Senate - 2006                                   SB 444
    32-521-06




 1  noncompliance with program rules. The coordinated strategy

 2  must be provided in writing to the child before the child

 3  agrees to enter the pretrial treatment-based drug court

 4  program, or other pretrial intervention program.

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

 6  intervention period, the court shall consider the

 7  recommendation of the state attorney and the program

 8  administrator as to disposition of the pending charges. The

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

10  has successfully completed the delinquency pretrial

11  intervention program.

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

13  successfully completed the delinquency pretrial intervention

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

15  education, treatment, or urine monitoring program if resources

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

17  normal channels for prosecution.

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

19  that the child has successfully completed the delinquency

20  pretrial intervention program.

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

22  providing pretrial substance abuse education, treatment

23  intervention, and a urine monitoring program under this

24  section must contract with the county or appropriate

25  governmental entity, and the terms of the contract must

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

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

28  intent of the Legislature that public or private entities

29  providing substance abuse education and treatment intervention

30  programs involve the active participation of parents, schools,

31  

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    Florida Senate - 2006                                   SB 444
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 1  churches, businesses, law enforcement agencies, and the

 2  department or its contract providers.

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

 4  advisory committee for the delinquency pretrial intervention

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

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

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

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

 9  include persons representing any other agencies to which

10  children released to the delinquency pretrial intervention

11  program may be referred.

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

13  law.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Authorizes the court to require that certain persons
      undergo treatment for substance abuse following
18    adjudication. Authorizes the court to order that certain
      parties submit to a substance abuse assessment upon a
19    showing of good cause and to participate in a
      treatment-based drug court program. Provides requirements
20    for the assessments and evaluations. Authorizes the chief
      judge of each judicial circuit to appoint an advisory
21    committee for the treatment-based drug court program.
      Revises the conditions under which the court may deny a
22    defendant's admission into a pretrial substance abuse
      education and treatment intervention program. (See bill
23    for details.)

24  

25  

26  

27  

28  

29  

30  

31  

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