Florida Senate - 2012 SB 1730
By Senator Garcia
1 A bill to be entitled
2 An act relating to pretrial intervention programs;
3 amending s. 948.08, F.S.; revising criteria for
4 eligibility for admission to a pretrial release
5 program; requiring that a pretrial intervention
6 program give admission preference to a defendant
7 charged with a misdemeanor over a defendant charged
8 with a felony; specifying requirements for a finding
9 of indigence and amenability to treatment; requiring
10 that certain defendants provide liens to secure costs
11 of supervision; revising a cross-reference; amending
12 ss. 397.334, 910.035, and 921.0026, F.S.; conforming
13 cross-references; making technical and grammatical
14 changes; providing an effective date.
16 Be It Enacted by the Legislature of the State of Florida:
18 Section 1. Subsection (2) of section 948.08, Florida
19 Statutes, is amended, present subsections (3) through (7) are
20 renumbered as subsections (4) through (8), respectively, a new
21 subsection (3) is added to that section, and paragraph (c) of
22 present subsection (6) of that section is amended, to read:
23 948.08 Pretrial intervention program.—
24 (2)(a) A defendant
Any first offender , or any person
25 previously convicted of not more than one nonviolent
26 misdemeanor, who is charged with any misdemeanor or felony of
27 the third degree is eligible for release to the pretrial
28 intervention program on the approval of the administrator of the
29 program and the consent of the victim, the state attorney, and
30 the judge who presided at the initial appearance hearing of the
31 offender unless the defendant:
32 1. Has more than two prior felony arrests;
33 2. Has a prior felony conviction; or
34 3. Is charged with a felony of the second degree or higher.
35 (b) However, The defendant may not be released to the
36 pretrial intervention program unless, after consultation with
37 his or her attorney, he or she has voluntarily agreed to such
38 program and has knowingly and intelligently waived his or her
39 right to a speedy trial for the period of his or her diversion.
40 The defendant or the defendant’s immediate family may not
41 personally contact the victim or the victim’s immediate family
42 to acquire the victim’s consent under this section.
43 (c) A pretrial intervention program must give admission
44 preference to a defendant charged with a misdemeanor over a
45 defendant charged with a felony.
46 (3)(a) Before a defendant may be released to the pretrial
47 release program, there must be:
48 1. A finding by the court and the program that the
49 defendant is indigent after consideration of the defendant’s
50 assets, property, motor vehicle, other financial resources,
51 employment, and any other necessary facts. The indigence of the
52 defendant must be determined within 72 hours after the defendant
53 completes submission of all financial information required by
54 the court.
55 2. A finding by the court and the program that the
56 defendant is amenable to treatment after consideration of the
58 a. The circumstances of the defendant’s family, employment,
59 character, mental condition, and length of residence in the
61 b. The defendant’s record of convictions, appearances at
62 the court proceedings, flight to avoid prosecution, or failure
63 to appear at court proceedings.
64 c. Any other facts necessary to assist in the determination
65 of whether the defendant should be released to the pretrial
66 intervention program.
67 (b) If the defendant hires private counsel to represent
68 himself or herself, the pretrial intervention program must place
69 a lien on property of the defendant in order to secure payment
70 of the costs of supervision under the program.
71 (7) (6)
72 (c) At the end of the pretrial intervention period, the
73 court shall consider the recommendation of the administrator
74 pursuant to subsection (6) (5) and the recommendation of the
75 state attorney as to disposition of the pending charges. The
76 court shall determine, by written finding, whether the defendant
77 has successfully completed the pretrial intervention program.
78 Notwithstanding the coordinated strategy developed by a drug
79 court team pursuant to s. 397.334(4), if the court finds that
80 the defendant has not successfully completed the pretrial
81 intervention program, the court may order the defendant person
82 to continue in education and treatment, which may include
83 substance abuse treatment programs offered by licensed service
84 providers as defined in s. 397.311 or jail-based treatment
85 programs, or order that the charges revert to normal channels
86 for prosecution. The court shall dismiss the charges upon a
87 finding that the defendant has successfully completed the
88 pretrial intervention program.
89 Section 2. Subsection (2) of section 397.334, Florida
90 Statutes, is amended to read:
91 397.334 Treatment-based drug court programs.—
92 (2) Entry into any pretrial treatment-based drug court
93 program is shall be voluntary. Except for a case as described in
94 s. 948.08(7)(a)1. or 2. When neither s. 948.08 (6)(a)1. nor 2.
95 applies, the court may order a defendant an individual to enter
96 into a pretrial treatment-based drug court program only upon
97 written agreement by the defendant individual, which must shall
98 include a statement that the defendant individual understands
99 the requirements of the program and the potential sanctions for
101 Section 3. Subsection (5) of section 910.035, Florida
102 Statutes, is amended to read:
103 910.035 Transfer from county for plea and sentence.—
104 (5) Any person eligible for participation in a drug court
105 treatment program pursuant to s. 948.08(7) s. 948.08 (6) may be
106 eligible to have the case transferred to a county other than
107 that in which the charge arose if the drug court program agrees
108 and if the following conditions are met:
109 (a) The authorized representative of the drug court program
110 of the county requesting to transfer the case shall consult with
111 the authorized representative of the drug court program in the
112 county to which transfer is desired.
113 (b) If approval for transfer is received from all parties,
114 the trial court shall accept a plea of nolo contendere and enter
115 a transfer order directing the clerk to transfer the case to the
116 county that which has accepted the defendant into its drug court
118 (c) The transfer order must shall include a copy of the
119 probable cause affidavit; any charging documents in the case;
120 all reports, witness statements, test results, evidence lists,
121 and other documents in the case; the defendant’s mailing address
122 and phone number; and the defendant’s written consent to abide
123 by the rules and procedures of the receiving county’s drug court
125 (d) After the transfer takes place, the clerk shall set the
126 matter for a hearing before the drug court program judge, and
127 the court shall ensure the defendant’s entry into the drug court
129 (e) Upon successful completion of the drug court program,
130 the jurisdiction to which the case has been transferred shall
131 dispose of the case pursuant to s. 948.08(7) s. 948.08 (6). If
132 the defendant does not complete the drug court program
133 successfully, the jurisdiction to which the case has been
134 transferred shall dispose of the case within the guidelines of
135 the Criminal Punishment Code.
136 Section 4. Paragraph (m) of subsection (2) of section
137 921.0026, Florida Statutes, is amended to read:
138 921.0026 Mitigating circumstances.—This section applies to
139 any felony offense, except any capital felony, committed on or
140 after October 1, 1998.
141 (2) Mitigating circumstances under which a departure from
142 the lowest permissible sentence is reasonably justified include,
143 but are not limited to:
144 (m) The defendant’s offense is a nonviolent felony, the
145 defendant’s Criminal Punishment Code scoresheet total sentence
146 points under s. 921.0024 are 60 points or fewer, and the court
147 determines that the defendant is amenable to the services of a
148 postadjudicatory treatment-based drug court program and is
149 otherwise qualified to participate in the program as part of the
150 sentence. As used in For purposes of this paragraph, the term
151 “nonviolent felony” has the same meaning as provided in s.
152 948.08(7) s. 948.08 (6).
153 Section 5. This act shall take effect July 1, 2012.