Florida Senate - 2009 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 1726
Barcode 444324
604-03532-09
Proposed Committee Substitute by the Committee on Criminal and
Civil Justice Appropriations
1 A bill to be entitled
2 An act relating to A bill to be entitled
3 An act relating to postadjudicatory treatment-based
4 drug court programs; amending s. 397.334, F.S.;
5 specifying criteria that a court must consider before
6 sentencing a person to a postadjudicatory treatment
7 based drug court program; providing for the judge
8 presiding over a program to hear violations of
9 probation or community control by program
10 participants; requiring circuit courts to report data
11 relating to postadjudicatory treatment-based drug
12 court programs to the Office of the State Courts
13 Administrator; providing legislative intent with
14 respect to monitoring the programs; requiring that the
15 Office of Program Policy Analysis and Government
16 Accountability evaluate the programs and report to the
17 Legislature; amending s. 921.0026, F.S.; specifying
18 that substance abuse or addiction is an additional
19 circumstance justifying a departure from a sentence if
20 the defendant is amenable to a drug court program and
21 is otherwise qualified; amending s. 948.01, F.S.;
22 authorizing a court to place certain nonviolent felony
23 offenders who are on probation or community control
24 into a postadjudicatory treatment-based drug court
25 program; amending s. 948.06, F.S.; authorizing a court
26 to place certain nonviolent felony offenders who
27 violate their on probation or community control into a
28 postadjudicatory treatment-based drug court program
29 amending s. 948.20, F.S.; authorizing a court to place
30 certain chronic substance abusers who are a nonviolent
31 felony offender into a postadjudicatory treatment
32 based drug court program; amending ss. 948.08, 948.16,
33 and 948.345, F.S.; conforming-cross references;
34 providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Present subsections (3) through (8) of section
39 397.334, Florida Statutes, are renumbered as subsections (4)
40 through (9), respectively, a new subsection (3) is added to that
41 section, present subsection (5) is amended, and subsection (10)
42 is added to that section; to read:
43 397.334 Treatment-based drug court programs.—
44 (3)(a) Entry into any postadjudicatory treatment-based drug
45 court program as a condition of probation or community control,
46 pursuant to s. 948.01, must be based upon the sentencing court’s
47 assessment of the defendant’s criminal history, substance abuse
48 screening outcome, amenability to the services of the program,
49 total sentence points, the consent of the state attorney and the
50 victim, if any, and the defendant’s agreement to enter the
51 program.
52 (b) A probationer who is sentenced to a postadjudicatory
53 drug court program and who, while a drug court participant, is
54 the subject of a violation of probation or community control
55 under s. 948.06, based solely upon a failed or suspect substance
56 abuse test administered pursuant to s. 948.01 or s. 948.03,
57 shall have the violation of probation or community control heard
58 by the judge presiding over the postadjudicatory drug court
59 program. The judge shall dispose of any such violation, after a
60 hearing on or admission of the violation, as he or she deems
61 appropriate if the resulting sentence or conditions are lawful.
62 (6)(a)(5) Contingent upon an annual appropriation by the
63 Legislature, each judicial circuit shall establish, at a
64 minimum, one coordinator position for the treatment-based drug
65 court program within the state courts system to coordinate the
66 responsibilities of the participating agencies and service
67 providers. Each coordinator shall provide direct support to the
68 treatment-based drug court program by providing coordination
69 between the multidisciplinary team and the judiciary, providing
70 case management, monitoring compliance of the participants in
71 the treatment-based drug court program with court requirements,
72 and providing program evaluation and accountability.
73 (b) Each circuit shall report sufficient client-level and
74 programmatic data to the Office of State Courts Administrator
75 annually for purposes of program evaluation. Client-level data
76 includes primary offenses that resulted in drug court referral
77 or sentence, treatment compliance, completion status and reasons
78 for failure to complete, offenses committed during treatment and
79 sanctions imposed, frequency of court appearances, and units of
80 service. Programmatic data includes referral and screening
81 procedures, eligibility criteria, type and duration of treatment
82 offered, and residential treatment resources.
83 (10) The Legislature intends to monitor and evaluate the
84 implementation and effectiveness of postadjudicatory treatment
85 based drug court programs, particularly as they identify and
86 serve offenders pursuant to ss. 948.01(7) and 948.06(2)(i). The
87 Office of Program Policy Analysis and Government Accountability
88 shall evaluate the effectiveness of postadjudicatory treatment
89 based drug court programs and issue a report of its findings and
90 recommendations to the Legislature by October 1, 2010.
91 Section 2. Paragraph (m) is added to subsection (2) of
92 section 921.0026, Florida Statutes, to read:
93 921.0026 Mitigating circumstances.—This section applies to
94 any felony offense, except any capital felony, committed on or
95 after October 1, 1998.
96 (2) Mitigating circumstances under which a departure from
97 the lowest permissible sentence is reasonably justified include,
98 but are not limited to:
99 (m) The defendant’s substance abuse or addiction, if the
100 offense is a nonviolent felony and the court determines that the
101 defendant is amenable to the services of a postadjudicatory
102 treatment-based drug court program and is otherwise qualified to
103 participate in the program as part of the sentence. As used in
104 this paragraph, the term “nonviolent felony” means a third
105 degree felony violation under chapter 810 or any other felony
106 offense that is not a forcible felony as defined in s. 776.08.
107 Section 3. Subsection (7) is added to section 948.01,
108 Florida Statutes, to read:
109 948.01 When court may place defendant on probation or into
110 community control.—
111 (7) (a) The sentencing court may place the defendant into a
112 postadjudicatory treatment-based drug court program if the total
113 sentence points under s. 921.0024 are 60 points or fewer and the
114 defendant is a nonviolent felony offender, amenable to substance
115 abuse treatment, and otherwise qualifies under s. 397.334(3).
116 The satisfactory completion of the program shall be a condition
117 of the defendant’s probation or community control. As used in
118 this subsection, the term “nonviolent felony” means a third
119 degree felony violation under chapter 810 or any other felony
120 offense that is not a forcible felony as defined in s. 776.08.
121 (b) The defendant must be fully advised of the purpose of
122 the program and the defendant must agree to enter the program.
123 The original sentencing court shall relinquish jurisdiction of
124 the defendant’s case to the postadjudicatory drug court program
125 until the defendant is no longer active in the program, the case
126 is returned to the sentencing court due to the defendant’s
127 termination from the program, or the defendant’s sentence is
128 completed.
129 Section 4. Paragraph (i) is added to subsection (2) of
130 section 948.06, Florida Statutes, to read:
131 948.06 Violation of probation or community control;
132 revocation; modification; continuance; failure to pay
133 restitution or cost of supervision.—
134 (2)
135 (i)1. The court may order the offender to successfully
136 complete a postadjudicatory treatment-based drug court program
137 if:
138 a. The court finds or the offender admits that the offender
139 has violated his or her community control or probation and the
140 violation was due only to a failed or suspect substance abuse
141 test;
142 b. The offender’s Criminal Punishment Code scoresheet total
143 is 60 points or fewer after including points for the violation;
144 c. The underlying offense is a nonviolent felony. As used
145 in this subsection, the term “nonviolent felony” means a third
146 degree felony violation under chapter 810 or any other felony
147 offense that is not a forcible felony as defined in s. 776.08;
148 d. The court determines that the offender is amenable to
149 the services of a postadjudicatory treatment-based drug court
150 program;
151 e. The court has explained the purpose of the program to
152 the offender and the offender has agreed to participate; and
153 f. The offender is otherwise qualified to participate in
154 the program under the provisions of s. 397.334(3).
155 2. After the court orders the modification of community
156 control or probation, the original sentencing court shall
157 relinquish jurisdiction of the offender’s case to the
158 postadjudicatory treatment-based drug court program until the
159 offender remains active in the program, the case is returned to
160 the sentencing court due to the offender’s termination from the
161 program, or the offender’s sentence is completed.
162 Section 5. Section 948.20, Florida Statutes, is amended to
163 read:
164 948.20 Drug offender probation.—If it appears to the court
165 upon a hearing that the defendant is a chronic substance abuser
166 whose criminal conduct is a violation of s. 893.13(2)(a) or
167 (6)(a), or other nonviolent felony, the court may either adjudge
168 the defendant guilty or stay and withhold the adjudication of
169 guilt.; and, In either case, the court it may also stay and
170 withhold the imposition of sentence and place the defendant on
171 drug offender probation or into a postadjudicatory treatment
172 based drug court program if the defendant otherwise qualifies.
173 As used in this section, the term “nonviolent felony” means a
174 third-degree felony violation under chapter 810 or any other
175 felony offense that is not a forcible felony as defined in s.
176 776.08.
177 (1) The Department of Corrections shall develop and
178 administer a drug offender probation program which emphasizes a
179 combination of treatment and intensive community supervision
180 approaches and which includes provision for supervision of
181 offenders in accordance with a specific treatment plan. The
182 program may include the use of graduated sanctions consistent
183 with the conditions imposed by the court. Drug offender
184 probation status shall include surveillance and random drug
185 testing, and may include those measures normally associated with
186 community control, except that specific treatment conditions and
187 other treatment approaches necessary to monitor this population
188 may be ordered.
189 (2) Offenders placed on drug offender probation are subject
190 to revocation of probation as provided in s. 948.06.
191 Section 6. Paragraphs (b) and (c) of subsection (6) of
192 section 948.08, Florida Statutes, are amended to read:
193 948.08 Pretrial intervention program.—
194 (6)
195 (b) While enrolled in a pretrial intervention program
196 authorized by this subsection, the participant is subject to a
197 coordinated strategy developed by a drug court team under s.
198 397.334(4) s. 397.334(3).
199 The coordinated strategy may include a protocol of
200 sanctions that may be imposed upon the participant for
201 noncompliance with program rules. The protocol of sanctions may
202 include, but is not limited to, placement in a substance abuse
203 treatment program offered by a licensed service provider as
204 defined in s. 397.311 or in a jail-based treatment program or
205 serving a period of incarceration within the time limits
206 established for contempt of court. The coordinated strategy must
207 be provided in writing to the participant before the participant
208 agrees to enter into a pretrial treatment-based drug court
209 program or other pretrial intervention program. Any person whose
210 charges are dismissed after successful completion of the
211 treatment-based drug court program, if otherwise eligible, may
212 have his or her arrest record and plea of nolo contendere to the
213 dismissed charges expunged under s. 943.0585.
214 (c) At the end of the pretrial intervention period, the
215 court shall consider the recommendation of the administrator
216 pursuant to subsection (5) and the recommendation of the state
217 attorney as to disposition of the pending charges. The court
218 shall determine, by written finding, whether the defendant has
219 successfully completed the pretrial intervention program.
220 Notwithstanding the coordinated strategy developed by a drug
221 court team pursuant to s. 397.334(4) s. 397.334(3), if the court
222 finds that the defendant has not successfully completed the
223 pretrial intervention program, the court may order the person to
224 continue in education and treatment, which may include substance
225 abuse treatment programs offered by licensed service providers
226 as defined in s. 397.311 or jail-based treatment programs, or
227 order that the charges revert to normal channels for
228 prosecution. The court shall dismiss the charges upon a finding
229 that the defendant has successfully completed the pretrial
230 intervention program.
231 Section 7. Paragraph (b) of subsection (1) and subsection
232 (2) of section 948.16, Florida Statutes, is amended to read:
233 948.16 Misdemeanor pretrial substance abuse education and
234 treatment intervention program.—
235 (1)
236 (b) While enrolled in a pretrial intervention program
237 authorized by this section, the participant is subject to a
238 coordinated strategy developed by a drug court team under s.
239 397.334(4) s. 397.334(3). The coordinated strategy may include a
240 protocol of sanctions that may be imposed upon the participant
241 for noncompliance with program rules. The protocol of sanctions
242 may include, but is not limited to, placement in a substance
243 abuse treatment program offered by a licensed service provider
244 as defined in s. 397.311 or in a jail-based treatment program or
245 serving a period of incarceration within the time limits
246 established for contempt of court. The coordinated strategy must
247 be provided in writing to the participant before the participant
248 agrees to enter into a pretrial treatment-based drug court
249 program or other pretrial intervention program. Any person whose
250 charges are dismissed after successful completion of the
251 treatment-based drug court program, if otherwise eligible, may
252 have his or her arrest record and plea of nolo contendere to the
253 dismissed charges expunged under s. 943.0585.
254 (2) At the end of the pretrial intervention period, the
255 court shall consider the recommendation of the treatment program
256 and the recommendation of the state attorney as to disposition
257 of the pending charges. The court shall determine, by written
258 finding, whether the defendant successfully completed the
259 pretrial intervention program. Notwithstanding the coordinated
260 strategy developed by a drug court team pursuant to s.
261 397.334(4) s. 397.334(3), if the court finds that the defendant
262 has not successfully completed the pretrial intervention
263 program, the court may order the person to continue in education
264 and treatment or return the charges to the criminal docket for
265 prosecution. The court shall dismiss the charges upon finding
266 that the defendant has successfully completed the pretrial
267 intervention program.
268 Section 8. Subsections (2) and (3) of section 985.345,
269 Florida Statutes, are amended to read:
270 985.345 Delinquency pretrial intervention program.—
271 (2) While enrolled in a delinquency pretrial intervention
272 program authorized by this section, a child is subject to a
273 coordinated strategy developed by a drug court team under s.
274 397.334(4) s. 397.334(3). The coordinated strategy may include a
275 protocol of sanctions that may be imposed upon the child for
276 noncompliance with program rules. The protocol of sanctions may
277 include, but is not limited to, placement in a substance abuse
278 treatment program offered by a licensed service provider as
279 defined in s. 397.311 or serving a period of secure detention
280 under this chapter. The coordinated strategy must be provided in
281 writing to the child before the child agrees to enter the
282 pretrial treatment-based drug court program or other pretrial
283 intervention program. Any child whose charges are dismissed
284 after successful completion of the treatment-based drug court
285 program, if otherwise eligible, may have his or her arrest
286 record and plea of nolo contendere to the dismissed charges
287 expunged under s. 943.0585.
288 (3) At the end of the delinquency pretrial intervention
289 period, the court shall consider the recommendation of the state
290 attorney and the program administrator as to disposition of the
291 pending charges. The court shall determine, by written finding,
292 whether the child has successfully completed the delinquency
293 pretrial intervention program. Notwithstanding the coordinated
294 strategy developed by a drug court team pursuant to s.
295 397.334(4) s. 397.334(3), if the court finds that the child has
296 not successfully completed the delinquency pretrial intervention
297 program, the court may order the child to continue in an
298 education, treatment, or urine monitoring program if resources
299 and funding are available or order that the charges revert to
300 normal channels for prosecution. The court may dismiss the
301 charges upon a finding that the child has successfully completed
302 the delinquency pretrial intervention program.
303 Section 9. This act shall take effect July 1, 2009.