ENROLLED
2009 Legislature CS for SB 1726, 1st Engrossed
20091726er
1
2 An act relating to postadjudicatory and pretrial
3 treatment-based drug court programs; amending s.
4 397.334, F.S.; specifying criteria that a court must
5 consider before sentencing a person to a
6 postadjudicatory treatment-based drug court program;
7 providing for the judge presiding over a program to
8 hear violations of probation or community control by
9 program participants; requiring circuit courts to
10 report data relating to postadjudicatory treatment
11 based drug court programs to the Office of the State
12 Courts Administrator; amending s. 921.0026, F.S.;
13 providing that a court may depart from a lowest
14 permissible sentence if the defendant is amenable to a
15 drug court program and is otherwise qualified;
16 amending s. 948.01, F.S.; authorizing a court to place
17 certain nonviolent felony offenders who are on
18 probation or community control into a postadjudicatory
19 treatment-based drug court program; amending s.
20 948.06, F.S.; authorizing a court to place certain
21 nonviolent felony offenders who violate their
22 probation or community control into a postadjudicatory
23 treatment-based drug court program; amending s.
24 948.08, F.S.; authorizing a court to place certain
25 nonviolent felony offenders into a pretrial substance
26 abuse education and treatment intervention program;
27 conforming cross-references; amending s. 948.20, F.S.;
28 authorizing a court to place certain chronic substance
29 abusers who are nonviolent felony offenders into a
30 postadjudicatory treatment-based drug court program;
31 amending ss. 948.16 and 948.345, F.S.; conforming
32 cross-references; providing legislative intent with
33 respect to monitoring the programs; requiring that the
34 Office of Program Policy Analysis and Government
35 Accountability evaluate the programs and report to the
36 Legislature; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Present subsections (3) through (8) of section
41 397.334, Florida Statutes, are renumbered as subsections (4)
42 through (9), respectively, a new subsection (3) is added to that
43 section, and present subsection (5) of that section is amended,
44 to read:
45 397.334 Treatment-based drug court programs.—
46 (3)(a) Entry into any postadjudicatory treatment-based drug
47 court program as a condition of probation or community control
48 pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
49 upon the sentencing court’s assessment of the defendant’s
50 criminal history, substance abuse screening outcome, amenability
51 to the services of the program, total sentence points, the
52 recommendation of the state attorney and the victim, if any, and
53 the defendant’s agreement to enter the program.
54 (b) An offender who is sentenced to a postadjudicatory drug
55 court program and who, while a drug court participant, is the
56 subject of a violation of probation or community control under
57 s. 948.06, based solely upon a failed or suspect substance abuse
58 test administered pursuant to s. 948.01 or s. 948.03, shall have
59 the violation of probation or community control heard by the
60 judge presiding over the postadjudicatory drug court program.
61 The judge shall dispose of any such violation, after a hearing
62 on or admission of the violation, as he or she deems appropriate
63 if the resulting sentence or conditions are lawful.
64 (6)(a)(5) Contingent upon an annual appropriation by the
65 Legislature, each judicial circuit shall establish, at a
66 minimum, one coordinator position for the treatment-based drug
67 court program within the state courts system to coordinate the
68 responsibilities of the participating agencies and service
69 providers. Each coordinator shall provide direct support to the
70 treatment-based drug court program by providing coordination
71 between the multidisciplinary team and the judiciary, providing
72 case management, monitoring compliance of the participants in
73 the treatment-based drug court program with court requirements,
74 and providing program evaluation and accountability.
75 (b) Each circuit shall report sufficient client-level and
76 programmatic data to the Office of State Courts Administrator
77 annually for purposes of program evaluation. Client-level data
78 include primary offenses that resulted in the drug court
79 referral or sentence, treatment compliance, completion status
80 and reasons for failure to complete, offenses committed during
81 treatment and the sanctions imposed, frequency of court
82 appearances, and units of service. Programmatic data include
83 referral and screening procedures, eligibility criteria, type
84 and duration of treatment offered, and residential treatment
85 resources.
86 Section 2. Subsection (3) of section 921.0026, Florida
87 Statutes, is amended, and paragraph (m) is added to subsection
88 (2) of that section, to read:
89 921.0026 Mitigating circumstances.—This section applies to
90 any felony offense, except any capital felony, committed on or
91 after October 1, 1998.
92 (2) Mitigating circumstances under which a departure from
93 the lowest permissible sentence is reasonably justified include,
94 but are not limited to:
95 (m) The defendant’s offense is a nonviolent felony, the
96 defendant’s Criminal Punishment Code scoresheet total sentence
97 points under s. 921.0024 are 52 points or fewer, and the court
98 determines that the defendant is amenable to the services of a
99 postadjudicatory treatment-based drug court program and is
100 otherwise qualified to participate in the program as part of the
101 sentence. For purposes of this paragraph, the term “nonviolent
102 felony” has the same meaning as provided in s. 948.08(6).
103 (3) Except as provided in paragraph (2)(m), the defendant’s
104 substance abuse or addiction, including intoxication at the time
105 of the offense, is not a mitigating factor under subsection (2)
106 and does not, under any circumstances, justify a downward
107 departure from the permissible sentencing range.
108 Section 3. Subsection (7) is added to section 948.01,
109 Florida Statutes, to read:
110 948.01 When court may place defendant on probation or into
111 community control.—
112 (7)(a) Notwithstanding s. 921.0024 and effective for
113 offenses committed on or after July 1, 2009, the sentencing
114 court may place the defendant into a postadjudicatory treatment
115 based drug court program if the defendant’s Criminal Punishment
116 Code scoresheet total sentence points under s. 921.0024 are 52
117 points or fewer and the defendant is a nonviolent felony
118 offender, amenable to substance abuse treatment, and otherwise
119 qualifies under s. 397.334(3). The satisfactory completion of
120 the program shall be a condition of the defendant’s probation or
121 community control. As used in this subsection, the term
122 “nonviolent felony” means a third-degree felony violation under
123 chapter 810 or any other felony offense that is not a forcible
124 felony as defined in s. 776.08.
125 (b) The defendant must be fully advised of the purpose of
126 the program and the defendant must agree to enter the program.
127 The original sentencing court shall relinquish jurisdiction of
128 the defendant’s case to the postadjudicatory drug court program
129 until the defendant is no longer active in the program, the case
130 is returned to the sentencing court due to the defendant’s
131 termination from the program for failure to comply with the
132 terms thereof, or the defendant’s sentence is completed.
133 Section 4. Paragraph (i) is added to subsection (2) of
134 section 948.06, Florida Statutes, to read:
135 948.06 Violation of probation or community control;
136 revocation; modification; continuance; failure to pay
137 restitution or cost of supervision.—
138 (2)
139 (i)1. Notwithstanding s. 921.0024 and effective for
140 offenses committed on or after July 1, 2009, the court may order
141 the defendant to successfully complete a postadjudicatory
142 treatment-based drug court program if:
143 a. The court finds or the offender admits that the offender
144 has violated his or her community control or probation and the
145 violation was due only to a failed or suspect substance abuse
146 test;
147 b. The offender’s Criminal Punishment Code scoresheet total
148 sentence points under s. 921.0024 are 52 points or fewer after
149 including points for the violation;
150 c. The underlying offense is a nonviolent felony. As used
151 in this subsection, the term “nonviolent felony” means a third
152 degree felony violation under chapter 810 or any other felony
153 offense that is not a forcible felony as defined in s. 776.08;
154 d. The court determines that the offender is amenable to
155 the services of a postadjudicatory treatment-based drug court
156 program;
157 e. The court has explained the purpose of the program to
158 the offender and the offender has agreed to participate; and
159 f. The offender is otherwise qualified to participate in
160 the program under the provisions of s. 397.334(3).
161 2. After the court orders the modification of community
162 control or probation, the original sentencing court shall
163 relinquish jurisdiction of the offender’s case to the
164 postadjudicatory treatment-based drug court program until the
165 offender is no longer active in the program, the case is
166 returned to the sentencing court due to the offender’s
167 termination from the program for failure to comply with the
168 terms thereof, or the offender’s sentence is completed.
169 Section 5. Paragraphs (a), (b), and (c) of subsection (6)
170 of section 948.08, Florida Statutes, are amended to read:
171 948.08 Pretrial intervention program.—
172 (6)(a) For purposes of this subsection, the term
173 “nonviolent felony” means a third-degree felony violation of
174 chapter 810 or any other felony offense that is not a forcible
175 felony as defined in s. 776.08. Notwithstanding any provision of
176 this section, a person who is charged with a nonviolent felony
177 and is identified as having a substance abuse problem or is
178 charged with a felony of the second or third degree for purchase
179 or possession of a controlled substance under chapter 893,
180 prostitution, tampering with evidence, solicitation for purchase
181 of a controlled substance, or obtaining a prescription by fraud;
182 who has not been charged with a crime involving violence,
183 including, but not limited to, murder, sexual battery, robbery,
184 carjacking, home-invasion robbery, or any other crime involving
185 violence; and who has not previously been convicted of a felony
186 nor been admitted to a felony pretrial program referred to in
187 this section is eligible for voluntary admission into a pretrial
188 substance abuse education and treatment intervention program,
189 including a treatment-based drug court program established
190 pursuant to s. 397.334, approved by the chief judge of the
191 circuit, for a period of not less than 1 year in duration, upon
192 motion of either party or the court’s own motion, except:
193 1. If a defendant was previously offered admission to a
194 pretrial substance abuse education and treatment intervention
195 program at any time prior to trial and the defendant rejected
196 that offer on the record, then the court or the state attorney
197 may deny the defendant’s admission to such a program.
198 2. If the state attorney believes that the facts and
199 circumstances of the case suggest the defendant’s involvement in
200 the dealing and selling of controlled substances, the court
201 shall hold a preadmission hearing. If the state attorney
202 establishes, by a preponderance of the evidence at such hearing,
203 that the defendant was involved in the dealing or selling of
204 controlled substances, the court shall deny the defendant’s
205 admission into a pretrial intervention program.
206 (b) While enrolled in a pretrial intervention program
207 authorized by this subsection, the participant is subject to a
208 coordinated strategy developed by a drug court team under s.
209 397.334(4) s. 397.334(3). The coordinated strategy may include a
210 protocol of sanctions that may be imposed upon the participant
211 for noncompliance with program rules. The protocol of sanctions
212 may include, but is not limited to, placement in a substance
213 abuse treatment program offered by a licensed service provider
214 as defined in s. 397.311 or in a jail-based treatment program or
215 serving a period of incarceration within the time limits
216 established for contempt of court. The coordinated strategy must
217 be provided in writing to the participant before the participant
218 agrees to enter into a pretrial treatment-based drug court
219 program or other pretrial intervention program. Any person whose
220 charges are dismissed after successful completion of the
221 treatment-based drug court program, if otherwise eligible, may
222 have his or her arrest record and plea of nolo contendere to the
223 dismissed charges expunged under s. 943.0585.
224 (c) At the end of the pretrial intervention period, the
225 court shall consider the recommendation of the administrator
226 pursuant to subsection (5) and the recommendation of the state
227 attorney as to disposition of the pending charges. The court
228 shall determine, by written finding, whether the defendant has
229 successfully completed the pretrial intervention program.
230 Notwithstanding the coordinated strategy developed by a drug
231 court team pursuant to s. 397.334(4) s. 397.334(3), if the court
232 finds that the defendant has not successfully completed the
233 pretrial intervention program, the court may order the person to
234 continue in education and treatment, which may include substance
235 abuse treatment programs offered by licensed service providers
236 as defined in s. 397.311 or jail-based treatment programs, or
237 order that the charges revert to normal channels for
238 prosecution. The court shall dismiss the charges upon a finding
239 that the defendant has successfully completed the pretrial
240 intervention program.
241 Section 6. Paragraph (b) of subsection (1) and subsection
242 (2) of section 948.16, Florida Statutes, are amended to read:
243 948.16 Misdemeanor pretrial substance abuse education and
244 treatment intervention program.—
245 (1)
246 (b) While enrolled in a pretrial intervention program
247 authorized by this section, the participant is subject to a
248 coordinated strategy developed by a drug court team under s.
249 397.334(4) s. 397.334(3). The coordinated strategy may include a
250 protocol of sanctions that may be imposed upon the participant
251 for noncompliance with program rules. The protocol of sanctions
252 may include, but is not limited to, placement in a substance
253 abuse treatment program offered by a licensed service provider
254 as defined in s. 397.311 or in a jail-based treatment program or
255 serving a period of incarceration within the time limits
256 established for contempt of court. The coordinated strategy must
257 be provided in writing to the participant before the participant
258 agrees to enter into a pretrial treatment-based drug court
259 program or other pretrial intervention program. Any person whose
260 charges are dismissed after successful completion of the
261 treatment-based drug court program, if otherwise eligible, may
262 have his or her arrest record and plea of nolo contendere to the
263 dismissed charges expunged under s. 943.0585.
264 (2) At the end of the pretrial intervention period, the
265 court shall consider the recommendation of the treatment program
266 and the recommendation of the state attorney as to disposition
267 of the pending charges. The court shall determine, by written
268 finding, whether the defendant successfully completed the
269 pretrial intervention program. Notwithstanding the coordinated
270 strategy developed by a drug court team pursuant to s.
271 397.334(4) s. 397.334(3), if the court finds that the defendant
272 has not successfully completed the pretrial intervention
273 program, the court may order the person to continue in education
274 and treatment or return the charges to the criminal docket for
275 prosecution. The court shall dismiss the charges upon finding
276 that the defendant has successfully completed the pretrial
277 intervention program.
278 Section 7. Section 948.20, Florida Statutes, is amended to
279 read:
280 948.20 Drug offender probation.—If it appears to the court
281 upon a hearing that the defendant is a chronic substance abuser
282 whose criminal conduct is a violation of s. 893.13(2)(a) or
283 (6)(a), or other nonviolent felony if such nonviolent felony is
284 committed on or after July 1, 2009, and notwithstanding s.
285 921.0024 the defendant’s Criminal Punishment Code scoresheet
286 total sentence points are 52 points or fewer, the court may
287 either adjudge the defendant guilty or stay and withhold the
288 adjudication of guilt.; and, In either case, the court it may
289 also stay and withhold the imposition of sentence and place the
290 defendant on drug offender probation or into a postadjudicatory
291 treatment-based drug court program if the defendant otherwise
292 qualifies. As used in this section, the term “nonviolent felony”
293 means a third-degree felony violation under chapter 810 or any
294 other felony offense that is not a forcible felony as defined in
295 s. 776.08.
296 (1) The Department of Corrections shall develop and
297 administer a drug offender probation program which emphasizes a
298 combination of treatment and intensive community supervision
299 approaches and which includes provision for supervision of
300 offenders in accordance with a specific treatment plan. The
301 program may include the use of graduated sanctions consistent
302 with the conditions imposed by the court. Drug offender
303 probation status shall include surveillance and random drug
304 testing, and may include those measures normally associated with
305 community control, except that specific treatment conditions and
306 other treatment approaches necessary to monitor this population
307 may be ordered.
308 (2) Offenders placed on drug offender probation are subject
309 to revocation of probation as provided in s. 948.06.
310 Section 8. Subsections (2) and (3) of section 985.345,
311 Florida Statutes, are amended to read:
312 985.345 Delinquency pretrial intervention program.—
313 (2) While enrolled in a delinquency pretrial intervention
314 program authorized by this section, a child is subject to a
315 coordinated strategy developed by a drug court team under s.
316 397.334(4) s. 397.334(3). The coordinated strategy may include a
317 protocol of sanctions that may be imposed upon the child for
318 noncompliance with program rules. The protocol of sanctions may
319 include, but is not limited to, placement in a substance abuse
320 treatment program offered by a licensed service provider as
321 defined in s. 397.311 or serving a period of secure detention
322 under this chapter. The coordinated strategy must be provided in
323 writing to the child before the child agrees to enter the
324 pretrial treatment-based drug court program or other pretrial
325 intervention program. Any child whose charges are dismissed
326 after successful completion of the treatment-based drug court
327 program, if otherwise eligible, may have his or her arrest
328 record and plea of nolo contendere to the dismissed charges
329 expunged under s. 943.0585.
330 (3) At the end of the delinquency pretrial intervention
331 period, the court shall consider the recommendation of the state
332 attorney and the program administrator as to disposition of the
333 pending charges. The court shall determine, by written finding,
334 whether the child has successfully completed the delinquency
335 pretrial intervention program. Notwithstanding the coordinated
336 strategy developed by a drug court team pursuant to s.
337 397.334(4) s. 397.334(3), if the court finds that the child has
338 not successfully completed the delinquency pretrial intervention
339 program, the court may order the child to continue in an
340 education, treatment, or urine monitoring program if resources
341 and funding are available or order that the charges revert to
342 normal channels for prosecution. The court may dismiss the
343 charges upon a finding that the child has successfully completed
344 the delinquency pretrial intervention program.
345 Section 9. The Legislature intends to monitor and evaluate
346 the implementation and effectiveness of postadjudicatory
347 treatment-based drug court programs, particularly as they
348 identify and serve offenders pursuant to ss. 948.01(7) and
349 948.06(2)(i), Florida Statutes. The Office of Program Policy
350 Analysis and Government Accountability shall evaluate the
351 effectiveness of postadjudicatory treatment-based drug court
352 programs and issue a report of its findings and recommendations
353 to the Legislature by October 1, 2010.
354 Section 10. This act shall take effect July 1, 2009.