Florida Senate - 2010                                    SB 2640
       By Senator Siplin
       19-00408-10                                           20102640__
    1                        A bill to be entitled                      
    2         An act relating to the circuit courts; creating s.
    3         26.014, F.S.; creating a division of unified family
    4         court within each circuit court to coordinate or
    5         consolidate cases affecting a single family; creating
    6         s. 26.015, F.S.; creating a division of teen court
    7         within each circuit court; creating s. 26.016, F.S.;
    8         creating a division of drug and mental health court
    9         within each circuit court; amending s. 397.334, F.S.;
   10         requiring counties to fund treatment-based drug court
   11         programs; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 26.014, Florida Statutes, is created to
   16  read:
   17         26.014Division of unified family court.—Each circuit court
   18  shall establish a division of unified family court. The division
   19  shall coordinate or consolidate all cases under chapters 61, 63,
   20  88, 741, 742, 743, 984, 985, and 1003 and s. 68.07 which affect
   21  a single family. The division shall use a fully integrated,
   22  comprehensive approach that includes coordinated case
   23  management, the concept of “one family, one judge,
   24  collaboration with the community for referral to needed
   25  services, and methods of alternative dispute resolution.
   26         Section 2. Section 26.015, Florida Statutes, is created to
   27  read:
   28         26.015Division of teen court.—Each circuit court shall
   29  establish a division of teen court. The division of teen court
   30  shall administer s. 938.19.
   31         Section 3. Section 26.016, Florida Statutes, is created to
   32  read:
   33         26.016Division of drug and mental health court.—Each
   34  circuit court shall establish a division of drug and mental
   35  health court to administer ss. 394.656, 394.658, and 397.334.
   36         Section 4. Section 397.334, Florida Statutes, is amended to
   37  read:
   38         397.334 Treatment-based drug court programs.—
   39         (1) Each county shall may fund a treatment-based drug court
   40  program under which persons in the justice system assessed with
   41  a substance abuse problem will be processed in such a manner as
   42  to appropriately address the severity of the identified
   43  substance abuse problem through treatment services tailored to
   44  the individual needs of the participant. It is the intent of the
   45  Legislature to encourage the Department of Corrections, the
   46  Department of Children and Family Services, the Department of
   47  Juvenile Justice, the Department of Health, the Department of
   48  Law Enforcement, the Department of Education, and such agencies,
   49  local governments, law enforcement agencies, other interested
   50  public or private sources, and individuals to support the
   51  creation and establishment of these problem-solving court
   52  programs. Participation in the treatment-based drug court
   53  programs does not divest any public or private agency of its
   54  responsibility for a child or adult, but enables these agencies
   55  to better meet their needs through shared responsibility and
   56  resources.
   57         (2) Entry into any pretrial treatment-based drug court
   58  program shall be voluntary. When neither s. 948.08(6)(a)1. nor
   59  2. applies, the court may order an individual to enter into a
   60  pretrial treatment-based drug court program only upon written
   61  agreement by the individual, which shall include a statement
   62  that the individual understands the requirements of the program
   63  and the potential sanctions for noncompliance.
   64         (3)(a) Entry into any postadjudicatory treatment-based drug
   65  court program as a condition of probation or community control
   66  pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
   67  upon the sentencing court’s assessment of the defendant’s
   68  criminal history, substance abuse screening outcome, amenability
   69  to the services of the program, total sentence points, the
   70  recommendation of the state attorney and the victim, if any, and
   71  the defendant’s agreement to enter the program.
   72         (b) An offender who is sentenced to a postadjudicatory drug
   73  court program and who, while a drug court participant, is the
   74  subject of a violation of probation or community control under
   75  s. 948.06, based solely upon a failed or suspect substance abuse
   76  test administered pursuant to s. 948.01 or s. 948.03, shall have
   77  the violation of probation or community control heard by the
   78  judge presiding over the postadjudicatory drug court program.
   79  The judge shall dispose of any such violation, after a hearing
   80  on or admission of the violation, as he or she deems appropriate
   81  if the resulting sentence or conditions are lawful.
   82         (4) The treatment-based drug court programs shall include
   83  therapeutic jurisprudence principles and adhere to the following
   84  10 key components, recognized by the Drug Courts Program Office
   85  of the Office of Justice Programs of the United States
   86  Department of Justice and adopted by the Florida Supreme Court
   87  Treatment-Based Drug Court Steering Committee:
   88         (a) Drug court programs integrate alcohol and other drug
   89  treatment services with justice system case processing.
   90         (b) Using a nonadversarial approach, prosecution and
   91  defense counsel promote public safety while protecting
   92  participants’ due process rights.
   93         (c) Eligible participants are identified early and promptly
   94  placed in the drug court program.
   95         (d) Drug court programs provide access to a continuum of
   96  alcohol, drug, and other related treatment and rehabilitation
   97  services.
   98         (e) Abstinence is monitored by frequent testing for alcohol
   99  and other drugs.
  100         (f) A coordinated strategy governs drug court program
  101  responses to participants’ compliance.
  102         (g) Ongoing judicial interaction with each drug court
  103  program participant is essential.
  104         (h) Monitoring and evaluation measure the achievement of
  105  program goals and gauge program effectiveness.
  106         (i) Continuing interdisciplinary education promotes
  107  effective drug court program planning, implementation, and
  108  operations.
  109         (j) Forging partnerships among drug court programs, public
  110  agencies, and community-based organizations generates local
  111  support and enhances drug court program effectiveness.
  112         (5) Treatment-based drug court programs may include
  113  pretrial intervention programs as provided in ss. 948.08,
  114  948.16, and 985.345, treatment-based drug court programs
  115  authorized in chapter 39, postadjudicatory programs, and review
  116  of the status of compliance or noncompliance of sentenced
  117  offenders through a treatment-based drug court program. While
  118  enrolled in a treatment-based drug court program, the
  119  participant is subject to a coordinated strategy developed by a
  120  drug court team under subsection (3). The coordinated strategy
  121  may include a protocol of sanctions that may be imposed upon the
  122  participant for noncompliance with program rules. The protocol
  123  of sanctions may include, but is not limited to, placement in a
  124  substance abuse treatment program offered by a licensed service
  125  provider as defined in s. 397.311 or in a jail-based treatment
  126  program or serving a period of secure detention under chapter
  127  985 if a child or a period of incarceration within the time
  128  limits established for contempt of court if an adult. The
  129  coordinated strategy must be provided in writing to the
  130  participant before the participant agrees to enter into a
  131  treatment-based drug court program.
  132         (6)(a) Contingent upon an annual appropriation by the
  133  Legislature, each judicial circuit shall establish, at a
  134  minimum, one coordinator position for the treatment-based drug
  135  court program within the state courts system to coordinate the
  136  responsibilities of the participating agencies and service
  137  providers. Each coordinator shall provide direct support to the
  138  treatment-based drug court program by providing coordination
  139  between the multidisciplinary team and the judiciary, providing
  140  case management, monitoring compliance of the participants in
  141  the treatment-based drug court program with court requirements,
  142  and providing program evaluation and accountability.
  143         (b) Each circuit shall report sufficient client-level and
  144  programmatic data to the Office of State Courts Administrator
  145  annually for purposes of program evaluation. Client-level data
  146  include primary offenses that resulted in the drug court
  147  referral or sentence, treatment compliance, completion status
  148  and reasons for failure to complete, offenses committed during
  149  treatment and the sanctions imposed, frequency of court
  150  appearances, and units of service. Programmatic data include
  151  referral and screening procedures, eligibility criteria, type
  152  and duration of treatment offered, and residential treatment
  153  resources.
  154         (7)(a) The Florida Association of Drug Court Professionals
  155  is created. The membership of the association may consist of
  156  treatment-based drug court program practitioners who comprise
  157  the multidisciplinary treatment-based drug court program team,
  158  including, but not limited to, judges, state attorneys, defense
  159  counsel, treatment-based drug court program coordinators,
  160  probation officers, law enforcement officers, community
  161  representatives, members of the academic community, and
  162  treatment professionals. Membership in the association shall be
  163  voluntary.
  164         (b) The association shall annually elect a chair whose duty
  165  is to solicit recommendations from members on issues relating to
  166  the expansion, operation, and institutionalization of treatment
  167  based drug court programs. The chair is responsible for
  168  providing on or before October 1 of each year the association’s
  169  recommendations and an annual report to the appropriate Supreme
  170  Court committee or to the appropriate personnel of the Office of
  171  the State Courts Administrator.
  172         (8) A If a county chooses to fund a treatment-based drug
  173  court program, the county must secure funding from sources other
  174  than the state for those costs not otherwise assumed by the
  175  state pursuant to s. 29.004. However, this does not preclude
  176  counties from using treatment and other service dollars provided
  177  through state executive branch agencies. Counties may provide,
  178  by interlocal agreement, for the collective funding of these
  179  programs.
  180         (9) The chief judge of each judicial circuit may appoint an
  181  advisory committee for the treatment-based drug court program.
  182  The committee shall be composed of the chief judge, or his or
  183  her designee, who shall serve as chair; the judge of the
  184  treatment-based drug court program, if not otherwise designated
  185  by the chief judge as his or her designee; the state attorney,
  186  or his or her designee; the public defender, or his or her
  187  designee; the treatment-based drug court program coordinators;
  188  community representatives; treatment representatives; and any
  189  other persons the chair finds are appropriate.
  190         Section 5. This act shall take effect January 1, 2011.