| 1 | A bill to be entitled |
| 2 | An act relating to substance abuse education and treatment |
| 3 | intervention programs; amending s. 948.03, F.S.; providing |
| 4 | for the placement of certain misdemeanor controlled |
| 5 | substance offenders in licensed substance abuse education |
| 6 | and treatment intervention programs as a standard |
| 7 | condition of probation; amending s. 948.15, F.S.; |
| 8 | providing that defendants found guilty of certain |
| 9 | misdemeanor controlled substance offenses may be placed in |
| 10 | licensed substance abuse education and treatment |
| 11 | intervention programs; authorizing certain entities |
| 12 | providing probation services to provide licensed substance |
| 13 | abuse education and treatment intervention programs; |
| 14 | requiring private entities providing such programs to |
| 15 | contract with the county and comply with other applicable |
| 16 | provisions; amending s. 948.16, F.S.; making certain |
| 17 | persons who previously have been admitted to pretrial |
| 18 | substance abuse education and treatment intervention |
| 19 | programs eligible for voluntary admission to such |
| 20 | programs; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Paragraph (q) is added to subsection (1) of |
| 25 | section 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 |
| 28 | probation. Conditions specified in this section do not require |
| 29 | oral pronouncement at the time of sentencing and may be |
| 30 | considered standard conditions of probation. These conditions |
| 31 | may include among them the following, that the probationer or |
| 32 | offender in community control shall: |
| 33 | (q) Be placed in a licensed substance abuse education and |
| 34 | treatment intervention program as provided in s. 948.15 if the |
| 35 | probationer or offender is convicted of a misdemeanor for |
| 36 | possession of a controlled substance or drug paraphernalia under |
| 37 | chapter 893. |
| 38 | Section 2. Section 948.15, Florida Statutes, is amended to |
| 39 | read: |
| 40 | 948.15 Misdemeanor probation services.- |
| 41 | (1) A defendant Defendants found guilty of a misdemeanor |
| 42 | misdemeanors who is are placed on probation shall be under |
| 43 | supervision not to exceed 6 months unless otherwise specified by |
| 44 | the court. A defendant found guilty of a misdemeanor for |
| 45 | possession of a controlled substance or drug paraphernalia under |
| 46 | chapter 893 may be placed in a licensed substance abuse |
| 47 | education and treatment intervention program. In relation to any |
| 48 | offense other than a felony in which the use of alcohol is a |
| 49 | significant factor, the period of probation may be up to 1 year. |
| 50 | (2) A private entity or public entity under the |
| 51 | supervision of the board of county commissioners or the court |
| 52 | may provide probation services and licensed substance abuse |
| 53 | education and treatment intervention programs for offenders |
| 54 | sentenced by the county court. |
| 55 | (3) Any private entity providing services for the |
| 56 | supervision of misdemeanor probationers, including those in a |
| 57 | licensed substance abuse education and treatment intervention |
| 58 | program, must contract with the county in which the services are |
| 59 | to be rendered. In a county with a population of less than |
| 60 | 70,000, the county court judge, or the administrative judge of |
| 61 | the county court in a county that has more than one county court |
| 62 | judge, must approve the contract. Terms of the contract must |
| 63 | state, but are not limited to: |
| 64 | (a) The extent of the services to be rendered by the |
| 65 | entity providing supervision or rehabilitation. |
| 66 | (b) Staff qualifications and criminal record checks of |
| 67 | staff in accordance with essential standards established by the |
| 68 | American 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 |
| 72 | fees and restitution. |
| 73 | (f) Procedures for handling indigent offenders which |
| 74 | ensure placement irrespective of ability to pay. |
| 75 | (g) Circumstances under which revocation of an offender's |
| 76 | probation 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 |
| 81 | probationers. |
| 82 |
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| 83 | In addition, the entity shall supply the chief judge's office |
| 84 | with a quarterly report summarizing the number of offenders |
| 85 | supervised by the private entity, payment of the required |
| 86 | contribution under supervision or rehabilitation, and the number |
| 87 | of offenders for whom supervision or rehabilitation will be |
| 88 | terminated. All records of the entity must be open to inspection |
| 89 | upon the request of the county, the court, the Auditor General, |
| 90 | the Office of Program Policy Analysis and Government |
| 91 | Accountability, or agents thereof. |
| 92 | (4) A private entity that provides court-ordered services |
| 93 | to offenders and that charges a fee for such services must |
| 94 | register with the board of county commissioners in the county in |
| 95 | which the services are offered. The entity shall provide the |
| 96 | following information for each program it operates: |
| 97 | (a) The length of time the program has been operating in |
| 98 | the county. |
| 99 | (b) A list of the staff and a summary of their |
| 100 | qualifications. |
| 101 | (c) A summary of the types of services that are offered |
| 102 | under the program. |
| 103 | (d) The fees the entity charges for court-ordered services |
| 104 | and its procedures, if any, for handling indigent offenders. |
| 105 | (5) The private entity providing misdemeanor supervision |
| 106 | services, including those in a licensed substance abuse |
| 107 | education and treatment intervention program, must shall also |
| 108 | comply with all other applicable provisions of law. |
| 109 | Section 3. Paragraph (a) of subsection (1) of section |
| 110 | 948.16, Florida Statutes, is amended to read: |
| 111 | 948.16 Misdemeanor pretrial substance abuse education and |
| 112 | treatment intervention program.- |
| 113 | (1)(a) A person who is charged with a misdemeanor for |
| 114 | possession of a controlled substance or drug paraphernalia under |
| 115 | chapter 893, and who has not previously been convicted of a |
| 116 | felony nor been admitted to a pretrial program, is eligible for |
| 117 | voluntary admission into a misdemeanor pretrial substance abuse |
| 118 | education and treatment intervention program, including a |
| 119 | treatment-based drug court program established pursuant to s. |
| 120 | 397.334, approved by the chief judge of the circuit, for a |
| 121 | period based on the program requirements and the treatment plan |
| 122 | for the offender, upon motion of either party or the court's own |
| 123 | motion, except, if the state attorney believes the facts and |
| 124 | circumstances of the case suggest the defendant is involved in |
| 125 | dealing and selling controlled substances, the court shall hold |
| 126 | a preadmission hearing. If the state attorney establishes, by a |
| 127 | preponderance of the evidence at such hearing, that the |
| 128 | defendant was involved in dealing or selling controlled |
| 129 | substances, the court shall deny the defendant's admission into |
| 130 | the pretrial intervention program. |
| 131 | Section 4. This act shall take effect July 1, 2011. |