Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for SB 1726
       
       
       
       
       
       
                                Barcode 155316                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/08/2009 01:00 PM       .                                
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       The Conference Committee on CS for SB 1726 recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Present subsections (3) through (8) of section
    7  397.334, Florida Statutes, are renumbered as subsections (4)
    8  through (9), respectively, a new subsection (3) is added to that
    9  section, and present subsection (5) of that section is amended,
   10  to read:
   11         397.334 Treatment-based drug court programs.—
   12         (3)(a)Entry into any postadjudicatory treatment-based drug
   13  court program as a condition of probation or community control
   14  pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
   15  upon the sentencing court’s assessment of the defendant’s
   16  criminal history, substance abuse screening outcome, amenability
   17  to the services of the program, total sentence points, the
   18  recommendation of the state attorney and the victim, if any, and
   19  the defendant’s agreement to enter the program.
   20         (b)An offender who is sentenced to a postadjudicatory drug
   21  court program and who, while a drug court participant, is the
   22  subject of a violation of probation or community control under
   23  s. 948.06, based solely upon a failed or suspect substance abuse
   24  test administered pursuant to s. 948.01 or s. 948.03, shall have
   25  the violation of probation or community control heard by the
   26  judge presiding over the postadjudicatory drug court program.
   27  The judge shall dispose of any such violation, after a hearing
   28  on or admission of the violation, as he or she deems appropriate
   29  if the resulting sentence or conditions are lawful.
   30         (6)(a)(5) Contingent upon an annual appropriation by the
   31  Legislature, each judicial circuit shall establish, at a
   32  minimum, one coordinator position for the treatment-based drug
   33  court program within the state courts system to coordinate the
   34  responsibilities of the participating agencies and service
   35  providers. Each coordinator shall provide direct support to the
   36  treatment-based drug court program by providing coordination
   37  between the multidisciplinary team and the judiciary, providing
   38  case management, monitoring compliance of the participants in
   39  the treatment-based drug court program with court requirements,
   40  and providing program evaluation and accountability.
   41         (b)Each circuit shall report sufficient client-level and
   42  programmatic data to the Office of State Courts Administrator
   43  annually for purposes of program evaluation. Client-level data
   44  include primary offenses that resulted in the drug court
   45  referral or sentence, treatment compliance, completion status
   46  and reasons for failure to complete, offenses committed during
   47  treatment and the sanctions imposed, frequency of court
   48  appearances, and units of service. Programmatic data include
   49  referral and screening procedures, eligibility criteria, type
   50  and duration of treatment offered, and residential treatment
   51  resources.
   52         Section 2. Subsection (3) of section 921.0026, Florida
   53  Statutes, is amended, and paragraph (m) is added to subsection
   54  (2) of that section, to read:
   55         921.0026 Mitigating circumstances.—This section applies to
   56  any felony offense, except any capital felony, committed on or
   57  after October 1, 1998.
   58         (2) Mitigating circumstances under which a departure from
   59  the lowest permissible sentence is reasonably justified include,
   60  but are not limited to:
   61         (m) The defendant’s offense is a nonviolent felony, the
   62  defendant’s Criminal Punishment Code scoresheet total sentence
   63  points under s. 921.0024 are 52 points or fewer, and the court
   64  determines that the defendant is amenable to the services of a
   65  postadjudicatory treatment-based drug court program and is
   66  otherwise qualified to participate in the program as part of the
   67  sentence. For purposes of this paragraph, the term “nonviolent
   68  felony” has the same meaning as provided in s. 948.08(6).
   69         (3) Except as provided in paragraph (2)(m), the defendant’s
   70  substance abuse or addiction, including intoxication at the time
   71  of the offense, is not a mitigating factor under subsection (2)
   72  and does not, under any circumstances, justify a downward
   73  departure from the permissible sentencing range.
   74         Section 3. Subsection (7) is added to section 948.01,
   75  Florida Statutes, to read:
   76         948.01 When court may place defendant on probation or into
   77  community control.—
   78         (7)(a)Notwithstanding s. 921.0024 and effective for
   79  offenses committed on or after July 1, 2009, the sentencing
   80  court may place the defendant into a postadjudicatory treatment
   81  based drug court program if the defendant’s Criminal Punishment
   82  Code scoresheet total sentence points under s. 921.0024 are 52
   83  points or fewer and the defendant is a nonviolent felony
   84  offender, amenable to substance abuse treatment, and otherwise
   85  qualifies under s. 397.334(3). The satisfactory completion of
   86  the program shall be a condition of the defendant’s probation or
   87  community control. As used in this subsection, the term
   88  “nonviolent felony” means a third-degree felony violation under
   89  chapter 810 or any other felony offense that is not a forcible
   90  felony as defined in s. 776.08.
   91         (b)The defendant must be fully advised of the purpose of
   92  the program and the defendant must agree to enter the program.
   93  The original sentencing court shall relinquish jurisdiction of
   94  the defendant’s case to the postadjudicatory drug court program
   95  until the defendant is no longer active in the program, the case
   96  is returned to the sentencing court due to the defendant’s
   97  termination from the program for failure to comply with the
   98  terms thereof, or the defendant’s sentence is completed.
   99         Section 4. Paragraph (i) is added to subsection (2) of
  100  section 948.06, Florida Statutes, to read:
  101         948.06 Violation of probation or community control;
  102  revocation; modification; continuance; failure to pay
  103  restitution or cost of supervision.—
  104         (2)
  105         (i)1.Notwithstanding s. 921.0024 and effective for
  106  offenses committed on or after July 1, 2009, the court may order
  107  the defendant to successfully complete a postadjudicatory
  108  treatment-based drug court program if:
  109         a.The court finds or the offender admits that the offender
  110  has violated his or her community control or probation and the
  111  violation was due only to a failed or suspect substance abuse
  112  test;
  113         b.The offender’s Criminal Punishment Code scoresheet total
  114  sentence points under s. 921.0024 are 52 points or fewer after
  115  including points for the violation;
  116         c.The underlying offense is a nonviolent felony. As used
  117  in this subsection, the term “nonviolent felony” means a third
  118  degree felony violation under chapter 810 or any other felony
  119  offense that is not a forcible felony as defined in s. 776.08;
  120         d.The court determines that the offender is amenable to
  121  the services of a postadjudicatory treatment-based drug court
  122  program;
  123         e.The court has explained the purpose of the program to
  124  the offender and the offender has agreed to participate; and
  125         f.The offender is otherwise qualified to participate in
  126  the program under the provisions of s. 397.334(3).
  127         2.After the court orders the modification of community
  128  control or probation, the original sentencing court shall
  129  relinquish jurisdiction of the offender’s case to the
  130  postadjudicatory treatment-based drug court program until the
  131  offender is no longer active in the program, the case is
  132  returned to the sentencing court due to the offender’s
  133  termination from the program for failure to comply with the
  134  terms thereof, or the offender’s sentence is completed.
  135         Section 5. Paragraphs (a), (b), and (c) of subsection (6)
  136  of section 948.08, Florida Statutes, are amended to read:
  137         948.08 Pretrial intervention program.—
  138         (6)(a) For purposes of this subsection, the term
  139  “nonviolent felony” means a third-degree felony violation of
  140  chapter 810 or any other felony offense that is not a forcible
  141  felony as defined in s. 776.08. Notwithstanding any provision of
  142  this section, a person who is charged with a nonviolent felony
  143  and is identified as having a substance abuse problem or is
  144  charged with a felony of the second or third degree for purchase
  145  or possession of a controlled substance under chapter 893,
  146  prostitution, tampering with evidence, solicitation for purchase
  147  of a controlled substance, or obtaining a prescription by fraud;
  148  who has not been charged with a crime involving violence,
  149  including, but not limited to, murder, sexual battery, robbery,
  150  carjacking, home-invasion robbery, or any other crime involving
  151  violence; and who has not previously been convicted of a felony
  152  nor been admitted to a felony pretrial program referred to in
  153  this section is eligible for voluntary admission into a pretrial
  154  substance abuse education and treatment intervention program,
  155  including a treatment-based drug court program established
  156  pursuant to s. 397.334, approved by the chief judge of the
  157  circuit, for a period of not less than 1 year in duration, upon
  158  motion of either party or the court’s own motion, except:
  159         1. If a defendant was previously offered admission to a
  160  pretrial substance abuse education and treatment intervention
  161  program at any time prior to trial and the defendant rejected
  162  that offer on the record, then the court or the state attorney
  163  may deny the defendant’s admission to such a program.
  164         2. If the state attorney believes that the facts and
  165  circumstances of the case suggest the defendant’s involvement in
  166  the dealing and selling of controlled substances, the court
  167  shall hold a preadmission hearing. If the state attorney
  168  establishes, by a preponderance of the evidence at such hearing,
  169  that the defendant was involved in the dealing or selling of
  170  controlled substances, the court shall deny the defendant’s
  171  admission into a pretrial intervention program.	
  172         (b) While enrolled in a pretrial intervention program
  173  authorized by this subsection, the participant is subject to a
  174  coordinated strategy developed by a drug court team under s.
  175  397.334(4) s. 397.334(3). The coordinated strategy may include a
  176  protocol of sanctions that may be imposed upon the participant
  177  for noncompliance with program rules. The protocol of sanctions
  178  may include, but is not limited to, placement in a substance
  179  abuse treatment program offered by a licensed service provider
  180  as defined in s. 397.311 or in a jail-based treatment program or
  181  serving a period of incarceration within the time limits
  182  established for contempt of court. The coordinated strategy must
  183  be provided in writing to the participant before the participant
  184  agrees to enter into a pretrial treatment-based drug court
  185  program or other pretrial intervention program. Any person whose
  186  charges are dismissed after successful completion of the
  187  treatment-based drug court program, if otherwise eligible, may
  188  have his or her arrest record and plea of nolo contendere to the
  189  dismissed charges expunged under s. 943.0585.
  190         (c) At the end of the pretrial intervention period, the
  191  court shall consider the recommendation of the administrator
  192  pursuant to subsection (5) and the recommendation of the state
  193  attorney as to disposition of the pending charges. The court
  194  shall determine, by written finding, whether the defendant has
  195  successfully completed the pretrial intervention program.
  196  Notwithstanding the coordinated strategy developed by a drug
  197  court team pursuant to s. 397.334(4) s. 397.334(3), if the court
  198  finds that the defendant has not successfully completed the
  199  pretrial intervention program, the court may order the person to
  200  continue in education and treatment, which may include substance
  201  abuse treatment programs offered by licensed service providers
  202  as defined in s. 397.311 or jail-based treatment programs, or
  203  order that the charges revert to normal channels for
  204  prosecution. The court shall dismiss the charges upon a finding
  205  that the defendant has successfully completed the pretrial
  206  intervention program.
  207         Section 6. Paragraph (b) of subsection (1) and subsection
  208  (2) of section 948.16, Florida Statutes, are amended to read:
  209         948.16 Misdemeanor pretrial substance abuse education and
  210  treatment intervention program.—
  211         (1)
  212         (b) While enrolled in a pretrial intervention program
  213  authorized by this section, the participant is subject to a
  214  coordinated strategy developed by a drug court team under s.
  215  397.334(4) s. 397.334(3). The coordinated strategy may include a
  216  protocol of sanctions that may be imposed upon the participant
  217  for noncompliance with program rules. The protocol of sanctions
  218  may include, but is not limited to, placement in a substance
  219  abuse treatment program offered by a licensed service provider
  220  as defined in s. 397.311 or in a jail-based treatment program or
  221  serving a period of incarceration within the time limits
  222  established for contempt of court. The coordinated strategy must
  223  be provided in writing to the participant before the participant
  224  agrees to enter into a pretrial treatment-based drug court
  225  program or other pretrial intervention program. Any person whose
  226  charges are dismissed after successful completion of the
  227  treatment-based drug court program, if otherwise eligible, may
  228  have his or her arrest record and plea of nolo contendere to the
  229  dismissed charges expunged under s. 943.0585.
  230         (2) At the end of the pretrial intervention period, the
  231  court shall consider the recommendation of the treatment program
  232  and the recommendation of the state attorney as to disposition
  233  of the pending charges. The court shall determine, by written
  234  finding, whether the defendant successfully completed the
  235  pretrial intervention program. Notwithstanding the coordinated
  236  strategy developed by a drug court team pursuant to s.
  237  397.334(4) s. 397.334(3), if the court finds that the defendant
  238  has not successfully completed the pretrial intervention
  239  program, the court may order the person to continue in education
  240  and treatment or return the charges to the criminal docket for
  241  prosecution. The court shall dismiss the charges upon finding
  242  that the defendant has successfully completed the pretrial
  243  intervention program.
  244         Section 7. Section 948.20, Florida Statutes, is amended to
  245  read:
  246         948.20 Drug offender probation.—If it appears to the court
  247  upon a hearing that the defendant is a chronic substance abuser
  248  whose criminal conduct is a violation of s. 893.13(2)(a) or
  249  (6)(a), or other nonviolent felony if such nonviolent felony is
  250  committed on or after July 1, 2009, and notwithstanding s.
  251  921.0024 the defendant’s Criminal Punishment Code scoresheet
  252  total sentence points are 52 points or fewer, the court may
  253  either adjudge the defendant guilty or stay and withhold the
  254  adjudication of guilt.; and, In either case, the court it may
  255  also stay and withhold the imposition of sentence and place the
  256  defendant on drug offender probation or into a postadjudicatory
  257  treatment-based drug court program if the defendant otherwise
  258  qualifies. As used in this section, the term “nonviolent felony”
  259  means a third-degree felony violation under chapter 810 or any
  260  other felony offense that is not a forcible felony as defined in
  261  s. 776.08.
  262         (1) The Department of Corrections shall develop and
  263  administer a drug offender probation program which emphasizes a
  264  combination of treatment and intensive community supervision
  265  approaches and which includes provision for supervision of
  266  offenders in accordance with a specific treatment plan. The
  267  program may include the use of graduated sanctions consistent
  268  with the conditions imposed by the court. Drug offender
  269  probation status shall include surveillance and random drug
  270  testing, and may include those measures normally associated with
  271  community control, except that specific treatment conditions and
  272  other treatment approaches necessary to monitor this population
  273  may be ordered.
  274         (2) Offenders placed on drug offender probation are subject
  275  to revocation of probation as provided in s. 948.06.
  276         Section 8. Subsections (2) and (3) of section 985.345,
  277  Florida Statutes, are amended to read:
  278         985.345 Delinquency pretrial intervention program.—
  279         (2) While enrolled in a delinquency pretrial intervention
  280  program authorized by this section, a child is subject to a
  281  coordinated strategy developed by a drug court team under s.
  282  397.334(4) s. 397.334(3). The coordinated strategy may include a
  283  protocol of sanctions that may be imposed upon the child for
  284  noncompliance with program rules. The protocol of sanctions may
  285  include, but is not limited to, placement in a substance abuse
  286  treatment program offered by a licensed service provider as
  287  defined in s. 397.311 or serving a period of secure detention
  288  under this chapter. The coordinated strategy must be provided in
  289  writing to the child before the child agrees to enter the
  290  pretrial treatment-based drug court program or other pretrial
  291  intervention program. Any child whose charges are dismissed
  292  after successful completion of the treatment-based drug court
  293  program, if otherwise eligible, may have his or her arrest
  294  record and plea of nolo contendere to the dismissed charges
  295  expunged under s. 943.0585.
  296         (3) At the end of the delinquency pretrial intervention
  297  period, the court shall consider the recommendation of the state
  298  attorney and the program administrator as to disposition of the
  299  pending charges. The court shall determine, by written finding,
  300  whether the child has successfully completed the delinquency
  301  pretrial intervention program. Notwithstanding the coordinated
  302  strategy developed by a drug court team pursuant to s.
  303  397.334(4) s. 397.334(3), if the court finds that the child has
  304  not successfully completed the delinquency pretrial intervention
  305  program, the court may order the child to continue in an
  306  education, treatment, or urine monitoring program if resources
  307  and funding are available or order that the charges revert to
  308  normal channels for prosecution. The court may dismiss the
  309  charges upon a finding that the child has successfully completed
  310  the delinquency pretrial intervention program.
  311         Section 9. The Legislature intends to monitor and evaluate
  312  the implementation and effectiveness of postadjudicatory
  313  treatment-based drug court programs, particularly as they
  314  identify and serve offenders pursuant to ss. 948.01(7) and
  315  948.06(2)(i), Florida Statutes. The Office of Program Policy
  316  Analysis and Government Accountability shall evaluate the
  317  effectiveness of postadjudicatory treatment-based drug court
  318  programs and issue a report of its findings and recommendations
  319  to the Legislature by October 1, 2010.
  320         Section 10. This act shall take effect July 1, 2009.
  321  
  322  ================= T I T L E  A M E N D M E N T ================
  323         And the title is amended as follows:
  324         Delete everything before the enacting clause
  325  and insert:
  326                        A bill to be entitled                      
  327         An act relating to postadjudicatory and pretrial
  328         treatment-based drug court programs; amending s.
  329         397.334, F.S.; specifying criteria that a court must
  330         consider before sentencing a person to a
  331         postadjudicatory treatment-based drug court program;
  332         providing for the judge presiding over a program to
  333         hear violations of probation or community control by
  334         program participants; requiring circuit courts to
  335         report data relating to postadjudicatory treatment
  336         based drug court programs to the Office of the State
  337         Courts Administrator; amending s. 921.0026, F.S.;
  338         providing that a court may depart from a lowest
  339         permissible sentence if the defendant is amenable to a
  340         drug court program and is otherwise qualified;
  341         amending s. 948.01, F.S.; authorizing a court to place
  342         certain nonviolent felony offenders who are on
  343         probation or community control into a postadjudicatory
  344         treatment-based drug court program; amending s.
  345         948.06, F.S.; authorizing a court to place certain
  346         nonviolent felony offenders who violate their
  347         probation or community control into a postadjudicatory
  348         treatment-based drug court program; amending s.
  349         948.08, F.S.; authorizing a court to place certain
  350         nonviolent felony offenders into a pretrial substance
  351         abuse education and treatment intervention program;
  352         conforming cross-references; amending s. 948.20, F.S.;
  353         authorizing a court to place certain chronic substance
  354         abusers who are nonviolent felony offenders into a
  355         postadjudicatory treatment-based drug court program;
  356         amending ss. 948.16 and 948.345, F.S.; conforming
  357         cross-references; providing legislative intent with
  358         respect to monitoring the programs; requiring that the
  359         Office of Program Policy Analysis and Government
  360         Accountability evaluate the programs and report to the
  361         Legislature; providing an effective date.