HB 875

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

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