Florida Senate - 2011 SB 400
By Senator Wise
5-00551-11 2011400__
1 A bill to be entitled
2 An act relating to treatment-based drug court
3 programs; amending s. 397.334, F.S.; providing that a
4 court has the discretion to allow offenders with prior
5 violent felony offenses into postadjudicatory
6 treatment-based drug court programs on a case-by-case
7 basis; requiring all offenders sentenced to a
8 postadjudicatory drug court program who are drug court
9 participants who are the subject of a violation of
10 probation or community control hearing under specified
11 provisions to have the violation of probation or
12 community control heard by the judge presiding over
13 the drug court program; providing that treatment-based
14 drug court programs may include postadjudicatory
15 programs provided under specified provisions; amending
16 s. 921.0026, F.S.; increasing the number of Criminal
17 Punishment Code scoresheet total sentence points that
18 a defendant may have and be eligible for a
19 postadjudicatory treatment-based drug court program;
20 amending s. 948.01, F.S.; increasing the number of
21 Criminal Punishment Code scoresheet total sentence
22 points that a defendant may have and be eligible for a
23 postadjudicatory treatment-based drug court program;
24 amending s. 948.06, F.S.; making defendants other than
25 those who have violated probation or community control
26 by a failed or suspect substance abuse test eligible
27 for postadjudicatory treatment-based drug court
28 programs; increasing the number of Criminal Punishment
29 Code scoresheet total sentence points that a defendant
30 may have and be eligible for a postadjudicatory
31 treatment-based drug court program; amending s.
32 948.20, F.S.; increasing the number of Criminal
33 Punishment Code scoresheet total sentence points that
34 a defendant may have and be eligible for a
35 postadjudicatory treatment-based drug court program;
36 providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Subsections (3) and (5) of section 397.334,
41 Florida Statutes, are amended to read:
42 397.334 Treatment-based drug court programs.—
43 (3)(a) Entry into any postadjudicatory treatment-based drug
44 court program as a condition of probation or community control
45 pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
46 upon the sentencing court’s assessment of the defendant’s
47 criminal history, substance abuse screening outcome, amenability
48 to the services of the program, total sentence points, the
49 recommendation of the state attorney and the victim, if any, and
50 the defendant’s agreement to enter the program. The court has
51 the discretion to allow offenders who have prior violent felony
52 offenses into any postadjudicatory treatment-based drug court
53 program on a case-by-case basis after consideration of the
54 offender’s record.
55 (b) An offender who is sentenced to a postadjudicatory drug
56 court program and who, while a drug court participant, is the
57 subject of a violation of probation or community control under
58 s. 948.06, based solely upon a failed or suspect substance abuse
59 test administered pursuant to s. 948.01 or s. 948.03, shall have
60 the violation of probation or community control heard by the
61 judge presiding over the postadjudicatory drug court program.
62 The judge shall dispose of any such violation, after a hearing
63 on or admission of the violation, as he or she deems appropriate
64 if the resulting sentence or conditions are lawful.
65 (5) Treatment-based drug court programs may include
66 pretrial intervention programs as provided in ss. 948.08,
67 948.16, and 985.345, treatment-based drug court programs
68 authorized in chapter 39, postadjudicatory programs as provided
69 in ss. 948.01, 948.06, and 948.20, and review of the status of
70 compliance or noncompliance of sentenced offenders through a
71 treatment-based drug court program. While enrolled in a
72 treatment-based drug court program, the participant is subject
73 to a coordinated strategy developed by a drug court team under
74 subsection (4). The coordinated strategy may include a protocol
75 of sanctions that may be imposed upon the participant for
76 noncompliance with program rules. The protocol of sanctions may
77 include, but is not limited to, placement in a substance abuse
78 treatment program offered by a licensed service provider as
79 defined in s. 397.311 or in a jail-based treatment program or
80 serving a period of secure detention under chapter 985 if a
81 child or a period of incarceration within the time limits
82 established for contempt of court if an adult. The coordinated
83 strategy must be provided in writing to the participant before
84 the participant agrees to enter into a treatment-based drug
85 court program.
86 Section 2. Paragraph (m) of subsection (2) of section
87 921.0026, Florida Statutes, is amended to read:
88 921.0026 Mitigating circumstances.—This section applies to
89 any felony offense, except any capital felony, committed on or
90 after October 1, 1998.
91 (2) Mitigating circumstances under which a departure from
92 the lowest permissible sentence is reasonably justified include,
93 but are not limited to:
94 (m) The defendant’s offense is a nonviolent felony, the
95 defendant’s Criminal Punishment Code scoresheet total sentence
96 points under s. 921.0024 are 60 52 points or fewer, and the
97 court determines that the defendant is amenable to the services
98 of a postadjudicatory treatment-based drug court program and is
99 otherwise qualified to participate in the program as part of the
100 sentence. For purposes of this paragraph, the term “nonviolent
101 felony” has the same meaning as provided in s. 948.08(6).
102 Section 3. Paragraph (a) of subsection (7) of section
103 948.01, Florida Statutes, is amended to read:
104 948.01 When court may place defendant on probation or into
105 community control.—
106 (7)(a) Notwithstanding s. 921.0024 and effective for
107 offenses committed on or after July 1, 2009, the sentencing
108 court may place the defendant into a postadjudicatory treatment
109 based drug court program if the defendant’s Criminal Punishment
110 Code scoresheet total sentence points under s. 921.0024 are 60
111 52 points or fewer, and the offense defendant is a nonviolent
112 felony offender, the defendant is amenable to substance abuse
113 treatment, and the defendant otherwise qualifies under s.
114 397.334(3). The satisfactory completion of the program shall be
115 a condition of the defendant’s probation or community control.
116 As used in this subsection, the term “nonviolent felony” means a
117 third degree felony violation under chapter 810 or any other
118 felony offense that is not a forcible felony as defined in s.
119 776.08.
120 Section 4. Paragraph (i) of subsection (2) of section
121 948.06, Florida Statutes, is amended to read:
122 948.06 Violation of probation or community control;
123 revocation; modification; continuance; failure to pay
124 restitution or cost of supervision.—
125 (2)
126 (i)1. Notwithstanding s. 921.0024 and effective for
127 offenses committed on or after July 1, 2009, the court may order
128 the defendant to successfully complete a postadjudicatory
129 treatment-based drug court program if:
130 a. The court finds or the offender admits that the offender
131 has violated his or her community control or probation and the
132 violation was due only to a failed or suspect substance abuse
133 test;
134 b. The offender’s Criminal Punishment Code scoresheet total
135 sentence points under s. 921.0024 are 60 52 points or fewer
136 after including points for the violation;
137 c. The underlying offense is a nonviolent felony. As used
138 in this subsection, the term “nonviolent felony” means a third
139 degree felony violation under chapter 810 or any other felony
140 offense that is not a forcible felony as defined in s. 776.08;
141 d. The court determines that the offender is amenable to
142 the services of a postadjudicatory treatment-based drug court
143 program;
144 e. The court has explained the purpose of the program to
145 the offender and the offender has agreed to participate; and
146 f. The offender is otherwise qualified to participate in
147 the program under the provisions of s. 397.334(3).
148 2. After the court orders the modification of community
149 control or probation, the original sentencing court shall
150 relinquish jurisdiction of the offender’s case to the
151 postadjudicatory treatment-based drug court program until the
152 offender is no longer active in the program, the case is
153 returned to the sentencing court due to the offender’s
154 termination from the program for failure to comply with the
155 terms thereof, or the offender’s sentence is completed.
156 Section 5. Section 948.20, Florida Statutes, is amended to
157 read:
158 948.20 Drug offender probation.—
159 (1) If it appears to the court upon a hearing that the
160 defendant is a chronic substance abuser whose criminal conduct
161 is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent
162 felony if such nonviolent felony is committed on or after July
163 1, 2009, and notwithstanding s. 921.0024 the defendant’s
164 Criminal Punishment Code scoresheet total sentence points are 60
165 52 points or fewer, the court may either adjudge the defendant
166 guilty or stay and withhold the adjudication of guilt. In either
167 case, the court may also stay and withhold the imposition of
168 sentence and place the defendant on drug offender probation or
169 into a postadjudicatory treatment-based drug court program if
170 the defendant otherwise qualifies. As used in this section, the
171 term “nonviolent felony” means a third degree felony violation
172 under chapter 810 or any other felony offense that is not a
173 forcible felony as defined in s. 776.08.
174 (2)(1) The Department of Corrections shall develop and
175 administer a drug offender probation program which emphasizes a
176 combination of treatment and intensive community supervision
177 approaches and which includes provision for supervision of
178 offenders in accordance with a specific treatment plan. The
179 program may include the use of graduated sanctions consistent
180 with the conditions imposed by the court. Drug offender
181 probation status shall include surveillance and random drug
182 testing, and may include those measures normally associated with
183 community control, except that specific treatment conditions and
184 other treatment approaches necessary to monitor this population
185 may be ordered.
186 (3)(2) Offenders placed on drug offender probation are
187 subject to revocation of probation as provided in s. 948.06.
188 Section 6. This act shall take effect July 1, 2011.