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.