HB 1481

1
A bill to be entitled
2An act relating to substance abuse education and treatment
3intervention programs; amending s. 948.03, F.S.; providing
4for the placement of certain misdemeanor controlled
5substance offenders in licensed substance abuse education
6and treatment intervention programs as a standard
7condition of probation; amending s. 948.15, F.S.;
8providing that defendants found guilty of certain
9misdemeanor controlled substance offenses may be placed in
10licensed substance abuse education and treatment
11intervention programs; authorizing certain entities
12providing probation services to provide licensed substance
13abuse education and treatment intervention programs;
14requiring private entities providing such programs to
15contract with the county and comply with other applicable
16provisions; amending s. 948.16, F.S.; making certain
17persons who previously have been admitted to pretrial
18substance abuse education and treatment intervention
19programs eligible for voluntary admission to such
20programs; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Paragraph (q) is added to subsection (1) of
25section 948.03, Florida Statutes, to read:
26     948.03  Terms and conditions of probation.-
27     (1)  The court shall determine the terms and conditions of
28probation. Conditions specified in this section do not require
29oral pronouncement at the time of sentencing and may be
30considered standard conditions of probation. These conditions
31may include among them the following, that the probationer or
32offender in community control shall:
33     (q)  Be placed in a licensed substance abuse education and
34treatment intervention program as provided in s. 948.15 if the
35probationer or offender is convicted of a misdemeanor for
36possession of a controlled substance or drug paraphernalia under
37chapter 893.
38     Section 2.  Section 948.15, Florida Statutes, is amended to
39read:
40     948.15  Misdemeanor probation services.-
41     (1)  A defendant Defendants found guilty of a misdemeanor
42misdemeanors who is are placed on probation shall be under
43supervision not to exceed 6 months unless otherwise specified by
44the court. A defendant found guilty of a misdemeanor for
45possession of a controlled substance or drug paraphernalia under
46chapter 893 may be placed in a licensed substance abuse
47education and treatment intervention program. In relation to any
48offense other than a felony in which the use of alcohol is a
49significant factor, the period of probation may be up to 1 year.
50     (2)  A private entity or public entity under the
51supervision of the board of county commissioners or the court
52may provide probation services and licensed substance abuse
53education and treatment intervention programs for offenders
54sentenced by the county court.
55     (3)  Any private entity providing services for the
56supervision of misdemeanor probationers, including those in a
57licensed substance abuse education and treatment intervention
58program, must contract with the county in which the services are
59to be rendered. In a county with a population of less than
6070,000, the county court judge, or the administrative judge of
61the county court in a county that has more than one county court
62judge, must approve the contract. Terms of the contract must
63state, but are not limited to:
64     (a)  The extent of the services to be rendered by the
65entity providing supervision or rehabilitation.
66     (b)  Staff qualifications and criminal record checks of
67staff in accordance with essential standards established by the
68American Correctional Association as of January 1, 1991.
69     (c)  Staffing levels.
70     (d)  The number of face-to-face contacts with the offender.
71     (e)  Procedures for handling the collection of all offender
72fees and restitution.
73     (f)  Procedures for handling indigent offenders which
74ensure placement irrespective of ability to pay.
75     (g)  Circumstances under which revocation of an offender's
76probation may be recommended.
77     (h)  Reporting and recordkeeping requirements.
78     (i)  Default and contract termination procedures.
79     (j)  Procedures that aid offenders with job assistance.
80     (k)  Procedures for accessing criminal history records of
81probationers.
82
83In addition, the entity shall supply the chief judge's office
84with a quarterly report summarizing the number of offenders
85supervised by the private entity, payment of the required
86contribution under supervision or rehabilitation, and the number
87of offenders for whom supervision or rehabilitation will be
88terminated. All records of the entity must be open to inspection
89upon the request of the county, the court, the Auditor General,
90the Office of Program Policy Analysis and Government
91Accountability, or agents thereof.
92     (4)  A private entity that provides court-ordered services
93to offenders and that charges a fee for such services must
94register with the board of county commissioners in the county in
95which the services are offered. The entity shall provide the
96following information for each program it operates:
97     (a)  The length of time the program has been operating in
98the county.
99     (b)  A list of the staff and a summary of their
100qualifications.
101     (c)  A summary of the types of services that are offered
102under the program.
103     (d)  The fees the entity charges for court-ordered services
104and its procedures, if any, for handling indigent offenders.
105     (5)  The private entity providing misdemeanor supervision
106services, including those in a licensed substance abuse
107education and treatment intervention program, must shall also
108comply with all other applicable provisions of law.
109     Section 3.  Paragraph (a) of subsection (1) of section
110948.16, Florida Statutes, is amended to read:
111     948.16  Misdemeanor pretrial substance abuse education and
112treatment intervention program.-
113     (1)(a)  A person who is charged with a misdemeanor for
114possession of a controlled substance or drug paraphernalia under
115chapter 893, and who has not previously been convicted of a
116felony nor been admitted to a pretrial program, is eligible for
117voluntary admission into a misdemeanor pretrial substance abuse
118education and treatment intervention program, including a
119treatment-based drug court program established pursuant to s.
120397.334, approved by the chief judge of the circuit, for a
121period based on the program requirements and the treatment plan
122for the offender, upon motion of either party or the court's own
123motion, except, if the state attorney believes the facts and
124circumstances of the case suggest the defendant is involved in
125dealing and selling controlled substances, the court shall hold
126a preadmission hearing. If the state attorney establishes, by a
127preponderance of the evidence at such hearing, that the
128defendant was involved in dealing or selling controlled
129substances, the court shall deny the defendant's admission into
130the pretrial intervention program.
131     Section 4.  This act shall take effect July 1, 2011.


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