Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/SB 7068, 1st Eng.
       
       
       
       
       
       
                                Ì155296HÎ155296                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1j/WD/3R         .                                
             04/24/2015 12:50 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (902964) (with title
    2  amendment)
    3  
    4         Between lines 3889 and 3890
    5  insert:
    6         Section 1. Present subsection (4) of section 985.345,
    7  Florida Statutes, is renumbered as subsection (7) and amended,
    8  and new subsection (4) and subsections (5) and (6) are added to
    9  that section, to read:
   10         985.345 Delinquency pretrial intervention program.—
   11         (4) Notwithstanding any other provision of law, a child is
   12  eligible for voluntary admission into a delinquency pretrial
   13  mental health court program established pursuant to s.
   14  394.47892, if approved by the chief judge of the circuit, for a
   15  period of time determined by the program requirements and the
   16  nature of the treatment services that are appropriate for the
   17  child, upon motion of either party or the court’s own motion if
   18  the child is charged with:
   19         (a) A misdemeanor;
   20         (b) A nonviolent felony, which for purposes of this
   21  subsection means a felony violation of the third degree of
   22  chapter 810 or any other felony offense that is not a forcible
   23  felony as defined in s. 776.08;
   24         (c) Resisting an officer with violence under s. 843.01, if
   25  the law enforcement officer and state attorney consent to the
   26  child’s participation;
   27         (d) Battery on a law enforcement officer under 784.07, if
   28  the law enforcement officer and state attorney consent to the
   29  child’s participation; or
   30         (e) Aggravated assault, if the victim and state attorney
   31  consent to the child’s participation,
   32  
   33  and the child is identified as having a mental illness and has
   34  not been previously adjudicated for a felony.
   35         (5) At the end of the delinquency pretrial intervention
   36  period, the court shall consider the recommendation of the state
   37  attorney and the program administrator as to disposition of the
   38  pending charges. The court shall determine, by written finding,
   39  whether the child has successfully completed the delinquency
   40  pretrial intervention program. If the court finds that the child
   41  has not successfully completed the delinquency pretrial
   42  intervention program, the court may order the child to continue
   43  in an education, treatment, or monitoring program if resources
   44  and funding are available or order that the charges revert to
   45  normal channels for prosecution. The court may dismiss the
   46  charges upon a finding that the child has successfully completed
   47  the delinquency pretrial intervention program.
   48         (6) A child whose charges are dismissed after successful
   49  completion of the mental health court program, if otherwise
   50  eligible, may have his or her arrest record and plea of nolo
   51  contendere to the dismissed charges expunged under s. 943.0585.
   52         (7)(4) Any entity, whether public or private, providing
   53  pretrial substance abuse education, treatment intervention, and
   54  a urine monitoring program, or a mental health program under
   55  this section must contract with the county or appropriate
   56  governmental entity, and the terms of the contract must include,
   57  but need not be limited to, the requirements established for
   58  private entities under s. 948.15(3). It is the intent of the
   59  Legislature that public or private entities providing substance
   60  abuse education and treatment intervention programs involve the
   61  active participation of parents, schools, churches, businesses,
   62  law enforcement agencies, and the department or its contract
   63  providers.
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete line 5876
   68  and insert:
   69         or community controllees; amending s. 985.345, F.S.;
   70         authorizing pretrial mental health court programs for
   71         certain juvenile offenders; providing for disposition
   72         of pending charges after completion of the pretrial
   73         intervention program; amending ss. 1002.20 and