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. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 26.014, Florida Statutes, is created to 16 read: 17 26.014 Division 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 26.015 Division 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 26.016 Division 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
mayfund 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 the45 Legislature to encourage the Department of Corrections, the46 Department of Children and Family Services, the Department of47 Juvenile Justice, the Department of Health, the Department of48 Law Enforcement, the Department of Education, and such agencies,49 local governments, law enforcement agencies, other interested50 public or private sources, and individuals to support the51 creation and establishment of these problem-solving court52 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 drug173 court program, thecounty 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.