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