HB 7139

1
A bill to be entitled
2An act relating to drug court programs; amending s.
3397.334, F.S.; specifying criteria that a court must
4consider before sentencing a person to a postadjudicatory
5treatment-based drug court program; requiring the judge
6presiding over a program to hear and dispose of violations
7of probation or community control by program participants;
8conforming a cross-reference; requiring circuit courts to
9report certain data relating to drug court programs to the
10Office of the State Courts Administrator; amending s.
11921.0026, F.S.; specifying that a nonviolent felony
12offense is a mitigating circumstance justifying a
13departure from a sentence under certain circumstances;
14amending s. 948.01, F.S.; authorizing a court to place
15certain nonviolent felony offenders who are on probation
16or community control into a postadjudicatory treatment-
17based drug court program under certain circumstances;
18amending s. 948.06, F.S.; authorizing a court to place
19certain nonviolent felony offenders who violate their
20probation or community control into a postadjudicatory
21treatment-based drug court program under certain
22circumstances; providing for jurisdiction over such
23offenders; amending s. 948.08, F.S.; defining the term
24"nonviolent felony"; authorizing a court to place certain
25nonviolent felony offenders into a pretrial substance
26abuse education and treatment intervention program;
27conforming cross-references; amending s. 948.16, F.S.;
28conforming cross-references; amending s. 948.20, F.S.;
29authorizing courts to place certain chronic substance
30abusers who are nonviolent felony offenders into a
31postadjudicatory treatment-based drug court program under
32certain circumstances; amending s. 985.345, F.S.;
33conforming cross-references; requiring the Office of
34Program Policy Analysis and Government Accountability to
35evaluate certain drug court programs and submit a report
36to the Legislature; providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsections (3) through (8) of section 397.334,
41Florida Statutes, are renumbered as subsections (4) through (9),
42respectively, present subsections (4) and (5) of that section
43are amended, and a new subsection (3) is added to that section,
44to read:
45     397.334  Treatment-based drug court programs.--
46     (3)(a)  Entry into any postadjudicatory treatment-based
47drug court program as a condition of probation or community
48control, pursuant to s. 948.01, shall be based upon the
49sentencing court's assessment of the defendant's criminal
50history, substance abuse screening outcome, and amenability to
51the services of the program; the total sentence points; and the
52defendant's agreement to enter the program.
53     (b)  A probationer who is sentenced to a postadjudicatory
54treatment-based drug court program and who, while a drug court
55participant, is the subject of a violation of probation or
56community control under s. 948.06 based solely upon a failed or
57suspect substance abuse test administered pursuant to s. 948.01
58or s. 948.03 shall have the violation of probation or community
59control heard by the judge presiding over the postadjudicatory
60drug court program. The judge shall dispose of any such
61violation, after a hearing on or admission of the violation, as
62he or she deems appropriate provided that the resulting sentence
63or conditions are lawful.
64     (5)(4)  Treatment-based drug court programs may include
65pretrial intervention programs as provided in ss. 948.08,
66948.16, and 985.345, treatment-based drug court programs
67authorized in chapter 39, postadjudicatory programs, and review
68of the status of compliance or noncompliance of sentenced
69offenders through a treatment-based drug court program. While
70enrolled in a treatment-based drug court program, the
71participant is subject to a coordinated strategy developed by a
72drug court team under subsection (4) (3). The coordinated
73strategy may include a protocol of sanctions that may be imposed
74upon the participant for noncompliance with program rules. The
75protocol of sanctions may include, but is not limited to,
76placement in a substance abuse treatment program offered by a
77licensed service provider as defined in s. 397.311 or in a jail-
78based treatment program or serving a period of secure detention
79under chapter 985 if a child or a period of incarceration within
80the time limits established for contempt of court if an adult.
81The coordinated strategy must be provided in writing to the
82participant before the participant agrees to enter into a
83treatment-based drug court program.
84     (6)(a)(5)  Contingent upon an annual appropriation by the
85Legislature, each judicial circuit shall establish, at a
86minimum, one coordinator position for the treatment-based drug
87court program within the state courts system to coordinate the
88responsibilities of the participating agencies and service
89providers. Each coordinator shall provide direct support to the
90treatment-based drug court program by providing coordination
91between the multidisciplinary team and the judiciary, providing
92case management, monitoring compliance of the participants in
93the treatment-based drug court program with court requirements,
94and providing program evaluation and accountability.
95     (b)  Each judicial circuit shall annually report sufficient
96client-level and programmatic data for pretrial and
97postadjudicatory treatment-based drug court programs to the
98Office of State Courts Administrator for purposes of program
99evaluation. Client-level data includes primary offenses that
100resulted in drug court referral or sentence, treatment
101compliance, completion status and reasons for failure to
102complete, offenses committed during treatment and sanctions
103imposed, frequency of court appearances, and units of service.
104Programmatic data includes referral and screening procedures,
105eligibility criteria, type and duration of treatment offered,
106and residential treatment resources.
107     Section 2.  Paragraph (m) is added to subsection (2) of
108section 921.0026, Florida Statutes, and subsection (3) of that
109section is amended, to read:
110     921.0026  Mitigating circumstances.--This section applies
111to any felony offense, except any capital felony, committed on
112or after October 1, 1998.
113     (2)  Mitigating circumstances under which a departure from
114the lowest permissible sentence is reasonably justified include,
115but are not limited to:
116     (m)  The defendant's offense is a nonviolent felony and the
117court determines that the defendant is amenable to the services
118of a postadjudicatory treatment-based drug court program and is
119otherwise qualified to participate in the program as part of the
120sentence. For purposes of this paragraph, the term "nonviolent
121felony" has the same meaning as provided in s. 948.08(6).
122     (3)  Except as provided in paragraph (2)(m), the
123defendant's substance abuse or addiction, including intoxication
124at the time of the offense, is not a mitigating factor under
125subsection (2) and does not, under any circumstances, justify a
126downward departure from the permissible sentencing range.
127     Section 3.  Subsection (7) is added to section 948.01,
128Florida Statutes, to read:
129     948.01  When court may place defendant on probation or into
130community control.--
131     (7)(a)  The sentencing court may place the defendant into a
132postadjudicatory treatment-based drug court program if the total
133sentence points under s. 921.0024 are 60 points or fewer and the
134defendant is a nonviolent felony offender, is amenable to
135substance abuse treatment, and otherwise qualifies under s.
136397.334(3). The satisfactory completion of the program shall be
137a condition of the defendant's probation or community control.
138For purposes of this subsection, the term "nonviolent felony"
139has the same meaning as provided in s. 948.08(6).
140     (b)  The defendant must be fully advised of the purpose of
141the postadjudicatory treatment-based drug court program and must
142agree to enter the program. The original sentencing court shall
143relinquish jurisdiction over the defendant's case to the program
144until the defendant is no longer active in the program, the case
145is returned to the sentencing court due to the defendant's
146termination from the program, or the defendant's sentence is
147completed.
148     Section 4.  Paragraph (i) is added to subsection (2) of
149section 948.06, Florida Statutes, to read:
150     948.06  Violation of probation or community control;
151revocation; modification; continuance; failure to pay
152restitution or cost of supervision.--
153     (2)
154     (i)1.  The court may order the offender to successfully
155complete a postadjudicatory treatment-based drug court program
156if:
157     a.  The court finds or the offender admits that the
158offender has violated his or her community control or probation
159and the violation was due only to a failed or suspect substance
160abuse test;
161     b.  The offender's Criminal Punishment Code scoresheet
162total is 60 points or fewer after including points for the
163violation;
164     c.  The underlying offense is a nonviolent felony. For
165purposes of this paragraph, the term "nonviolent felony" has the
166same meaning as provided in s. 948.08(6);
167     d.  The court determines that the offender is amenable to
168the services of a postadjudicatory treatment-based drug court
169program;
170     e.  The court has explained the purpose of the program to
171the offender and the offender has agreed to participate; and
172     f.  The offender is otherwise qualified to participate in
173the program under s. 397.334(3).
174     2.  After the court orders the modification of community
175control or probation, the original sentencing court shall
176relinquish jurisdiction over the offender's case to the
177postadjudicatory treatment-based drug court program until the
178offender no longer remains active in the program, the case is
179returned to the sentencing court due to the offender's
180termination from the program, or the offender's sentence is
181completed.
182     Section 5.  Paragraphs (a), (b), and (c) of subsection (6)
183of section 948.08, Florida Statutes, are amended to read:
184     948.08  Pretrial intervention program.--
185     (6)(a)  For purposes of this subsection, the term
186"nonviolent felony" means a third-degree felony violation of
187chapter 810 or any other felony offense that is not a forcible
188felony as defined in s. 776.08. Notwithstanding any provision of
189this section, a person who is charged with a nonviolent felony
190and is identified as having a substance abuse problem or is
191charged with a felony of the second or third degree for purchase
192or possession of a controlled substance under chapter 893,
193prostitution, tampering with evidence, solicitation for purchase
194of a controlled substance, or obtaining a prescription by fraud;
195who has not been charged with a crime involving violence,
196including, but not limited to, murder, sexual battery, robbery,
197carjacking, home-invasion robbery, or any other crime involving
198violence; and who has not previously been convicted of a felony
199nor been admitted to a felony pretrial program referred to in
200this section is eligible for voluntary admission into a pretrial
201substance abuse education and treatment intervention program,
202including a treatment-based drug court program established
203pursuant to s. 397.334, approved by the chief judge of the
204circuit, for a period of not less than 1 year in duration, upon
205motion of either party or the court's own motion, except:
206     1.  If a defendant was previously offered admission to a
207pretrial substance abuse education and treatment intervention
208program at any time prior to trial and the defendant rejected
209that offer on the record, then the court or the state attorney
210may deny the defendant's admission to such a program.
211     2.  If the state attorney believes that the facts and
212circumstances of the case suggest the defendant's involvement in
213the dealing and selling of controlled substances, the court
214shall hold a preadmission hearing. If the state attorney
215establishes, by a preponderance of the evidence at such hearing,
216that the defendant was involved in the dealing or selling of
217controlled substances, the court shall deny the defendant's
218admission into a pretrial intervention program.
219     (b)  While enrolled in a pretrial intervention program
220authorized by this subsection, the participant is subject to a
221coordinated strategy developed by a drug court team under s.
222397.334(4)(3). The coordinated strategy may include a protocol
223of sanctions that may be imposed upon the participant for
224noncompliance with program rules. The protocol of sanctions may
225include, but is not limited to, placement in a substance abuse
226treatment program offered by a licensed service provider as
227defined in s. 397.311 or in a jail-based treatment program or
228serving a period of incarceration within the time limits
229established for contempt of court. The coordinated strategy must
230be provided in writing to the participant before the participant
231agrees to enter into a pretrial treatment-based drug court
232program or other pretrial intervention program. Any person whose
233charges are dismissed after successful completion of the
234treatment-based drug court program, if otherwise eligible, may
235have his or her arrest record and plea of nolo contendere to the
236dismissed charges expunged under s. 943.0585.
237     (c)  At the end of the pretrial intervention period, the
238court shall consider the recommendation of the administrator
239pursuant to subsection (5) and the recommendation of the state
240attorney as to disposition of the pending charges. The court
241shall determine, by written finding, whether the defendant has
242successfully completed the pretrial intervention program.
243Notwithstanding the coordinated strategy developed by a drug
244court team pursuant to s. 397.334(4)(3), if the court finds that
245the defendant has not successfully completed the pretrial
246intervention program, the court may order the person to continue
247in education and treatment, which may include substance abuse
248treatment programs offered by licensed service providers as
249defined in s. 397.311 or jail-based treatment programs, or order
250that the charges revert to normal channels for prosecution. The
251court shall dismiss the charges upon a finding that the
252defendant has successfully completed the pretrial intervention
253program.
254     Section 6.  Paragraph (b) of subsection (1) and subsection
255(2) of section 948.16, Florida Statutes, are amended to read:
256     948.16  Misdemeanor pretrial substance abuse education and
257treatment intervention program.--
258     (1)
259     (b)  While enrolled in a pretrial intervention program
260authorized by this section, the participant is subject to a
261coordinated strategy developed by a drug court team under s.
262397.334(4)(3). The coordinated strategy may include a protocol
263of sanctions that may be imposed upon the participant for
264noncompliance with program rules. The protocol of sanctions may
265include, but is not limited to, placement in a substance abuse
266treatment program offered by a licensed service provider as
267defined in s. 397.311 or in a jail-based treatment program or
268serving a period of incarceration within the time limits
269established for contempt of court. The coordinated strategy must
270be provided in writing to the participant before the participant
271agrees to enter into a pretrial treatment-based drug court
272program or other pretrial intervention program. Any person whose
273charges are dismissed after successful completion of the
274treatment-based drug court program, if otherwise eligible, may
275have his or her arrest record and plea of nolo contendere to the
276dismissed charges expunged under s. 943.0585.
277     (2)  At the end of the pretrial intervention period, the
278court shall consider the recommendation of the treatment program
279and the recommendation of the state attorney as to disposition
280of the pending charges. The court shall determine, by written
281finding, whether the defendant successfully completed the
282pretrial intervention program. Notwithstanding the coordinated
283strategy developed by a drug court team pursuant to s.
284397.334(4)(3), if the court finds that the defendant has not
285successfully completed the pretrial intervention program, the
286court may order the person to continue in education and
287treatment or return the charges to the criminal docket for
288prosecution. The court shall dismiss the charges upon finding
289that the defendant has successfully completed the pretrial
290intervention program.
291     Section 7.  Section 948.20, Florida Statutes, is amended to
292read:
293     948.20  Drug offender probation.--If it appears to the
294court upon a hearing that the defendant is a chronic substance
295abuser whose criminal conduct is a violation of s. 893.13(2)(a)
296or (6)(a) or any other nonviolent felony, the court may either
297adjudge the defendant guilty or stay and withhold the
298adjudication of guilt.; and, In either case, the court it may
299also stay and withhold the imposition of sentence and place the
300defendant on drug offender probation or into a postadjudicatory
301treatment-based drug court program if the defendant otherwise
302qualifies. For purposes of this section, the term "nonviolent
303felony" has the same meaning as provided in s. 948.08(6).
304     (1)  The Department of Corrections shall develop and
305administer a drug offender probation program which emphasizes a
306combination of treatment and intensive community supervision
307approaches and which includes provision for supervision of
308offenders in accordance with a specific treatment plan. The
309program may include the use of graduated sanctions consistent
310with the conditions imposed by the court. Drug offender
311probation status shall include surveillance and random drug
312testing, and may include those measures normally associated with
313community control, except that specific treatment conditions and
314other treatment approaches necessary to monitor this population
315may be ordered.
316     (2)  Offenders placed on drug offender probation are
317subject to revocation of probation as provided in s. 948.06.
318     Section 8.  Subsections (2) and (3) of section 985.345,
319Florida Statutes, are amended to read:
320     985.345  Delinquency pretrial intervention program.--
321     (2)  While enrolled in a delinquency pretrial intervention
322program authorized by this section, a child is subject to a
323coordinated strategy developed by a drug court team under s.
324397.334(4)(3). The coordinated strategy may include a protocol
325of sanctions that may be imposed upon the child for
326noncompliance with program rules. The protocol of sanctions may
327include, but is not limited to, placement in a substance abuse
328treatment program offered by a licensed service provider as
329defined in s. 397.311 or serving a period of secure detention
330under this chapter. The coordinated strategy must be provided in
331writing to the child before the child agrees to enter the
332pretrial treatment-based drug court program or other pretrial
333intervention program. Any child whose charges are dismissed
334after successful completion of the treatment-based drug court
335program, if otherwise eligible, may have his or her arrest
336record and plea of nolo contendere to the dismissed charges
337expunged under s. 943.0585.
338     (3)  At the end of the delinquency pretrial intervention
339period, the court shall consider the recommendation of the state
340attorney and the program administrator as to disposition of the
341pending charges. The court shall determine, by written finding,
342whether the child has successfully completed the delinquency
343pretrial intervention program. Notwithstanding the coordinated
344strategy developed by a drug court team pursuant to s.
345397.334(4)(3), if the court finds that the child has not
346successfully completed the delinquency pretrial intervention
347program, the court may order the child to continue in an
348education, treatment, or urine monitoring program if resources
349and funding are available or order that the charges revert to
350normal channels for prosecution. The court may dismiss the
351charges upon a finding that the child has successfully completed
352the delinquency pretrial intervention program.
353     Section 9.  The Legislature intends to monitor and evaluate
354the implementation and effectiveness of pretrial and
355postadjudicatory treatment-based drug court programs,
356particularly as they target and serve offenders pursuant to ss.
357948.01(7) and 948.06(2)(i), Florida Statutes, as created by this
358act. The Office of Program Policy Analysis and Government
359Accountability is directed to evaluate the effectiveness of
360pretrial and postadjudicatory treatment-based drug court
361programs and issue a report of its findings and recommendations
362to the President of the Senate and the Speaker of the House of
363Representatives by October 1, 2010.
364     Section 10.  This act shall take effect July 1, 2009.


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