Senate Bill sb1814
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Florida Senate - 2001 SB 1814
By Senator Burt
16-1227-01
1 A bill to be entitled
2 An act relating to the state court system;
3 providing legislative intent with respect to
4 the development of treatment-based drug courts;
5 requiring each judicial circuit to establish
6 one or more treatment-based drug courts within
7 any of the divisions of the circuit; specifying
8 the principles of therapeutic jurisprudence to
9 be included in the drug court programs;
10 establishing the position of drug court
11 coordinator within each judicial circuit;
12 providing duties of the coordinator;
13 authorizing the drug courts to include certain
14 pretrial intervention programs in the court's
15 program; creating the Florida Association of
16 Drug Court Professionals; providing for
17 membership; requiring that the chairperson of
18 the association provide recommendations to the
19 Supreme Court Treatment-Based Drug Court
20 Steering Committee; providing an effective
21 date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Treatment-Based drug courts.--
26 (1) It is the intent of the Legislature to implement
27 treatment-based drug courts in each judicial circuit in an
28 effort to reduce crime and recidivism, cases of abuse and
29 neglect, and the dysfunction of families by breaking the cycle
30 of addiction which is the most predominant cause of cases
31 entering the justice system. The Legislature recognizes that
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Florida Senate - 2001 SB 1814
16-1227-01
1 the integration of judicial supervision, treatment,
2 accountability, and sanctions greatly increase the
3 effectiveness of substance-abuse treatment. The Legislature
4 also seeks to ensure that there is a coordinated, integrated,
5 and multidisciplinary response to the problem of substance
6 abuse in this state, with special attention given to creating
7 partnerships between the public and private sectors and
8 providing for the coordinated, supported, and integrated
9 delivery of multiple-system services for substance abusers,
10 including a multiagency team approach to delivering services.
11 (2) Each judicial circuit shall establish a model of
12 one or more treatment-based drug courts wherein persons
13 assessed with a substance-abuse problem in the justice system
14 will be processed in a manner that appropriately addresses the
15 severity of the identified substance-abuse problem through
16 treatment plans tailored to the individual needs of the
17 participant. These treatment-based drug court models may be
18 established in the misdemeanor, felony, family, delinquency,
19 and dependency divisions of the judicial circuits. It is the
20 intent of the Legislature to encourage the Department of
21 Corrections, the Department of Children and Family Services,
22 the Department of Juvenile Justice, the Department of Health,
23 the Department of Law Enforcement, and other such agencies,
24 local governments, law enforcement agencies, and other
25 interested public or private sources to support the creation
26 and establishment of these problem-solving courts.
27 Participation in the treatment-based drug courts does not
28 divest any public or private agency of its responsibility for
29 a child or adult, but allows these agencies to better meet
30 their needs through shared responsibility and resources.
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Florida Senate - 2001 SB 1814
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1 (3) Each treatment-based drug court shall include
2 principles of therapeutic jurisprudence and adhere to the Ten
3 Key Components, recognized by the Drug Courts Program Office
4 of the Office of Justice Programs of the United States
5 Department of Justice, and adopted by the Florida Supreme
6 Court Treatment-Based Drug Court Steering Committee, as
7 follows:
8 (a) Drug courts shall integrate alcohol and other
9 drug-treatment services with case processing within the
10 justice system.
11 (b) Using a nonadversarial approach, prosecution and
12 defense counsel shall promote public safety while protecting a
13 participant's right to due process.
14 (c) Eligible participants shall be identified early
15 and promptly placed in the drug court program.
16 (d) Drug courts shall provide access to a continuum of
17 alcohol, drug, and related treatment and rehabilitation
18 services.
19 (e) Abstinence shall be monitored by frequent and
20 random testing for alcohol and other drugs.
21 (f) A coordinated strategy shall govern the responses
22 of the drug court to participants' compliance.
23 (g) Drug courts shall provide ongoing judicial
24 interaction with each participant.
25 (h) Drug courts shall measure the achievement of
26 program goals and gauge the effectiveness of the program by
27 monitoring and evaluation.
28 (i) Drug courts shall promote effective planning,
29 implementation, and operations by requiring continuing
30 interdisciplinary education for practitioners within the drug
31 courts.
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Florida Senate - 2001 SB 1814
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1 (j) Drug courts shall generate local support and
2 enhance program effectiveness by forging partnerships with
3 public agencies and community-based organizations.
4 (4) There is established in each judicial circuit, at
5 a minimum, one position for a drug court coordinator within
6 the state courts system to coordinate the responsibilities
7 between the participating agencies and service providers.
8 These positions shall provide direct support to the
9 treatment-based drug court by providing for program
10 coordination between the multidisciplinary team, the
11 judiciary, and case managers; monitoring compliance of drug
12 court participants with court requirements; and providing for
13 program evaluation and accountability.
14 (5) These treatment-based drug courts may include
15 pretrial intervention programs, as set forth in sections
16 948.08(6), 948.16, and 985.306, Florida Statutes, and
17 postadjudicatory programs.
18 (6)(a) There is created the Florida Association of
19 Drug Court Professionals. The membership may consist of drug
20 court practitioners who comprise the multidisciplinary drug
21 court team, including, but not limited to, judges, state
22 attorneys, defense counsel, drug court coordinators, probation
23 officers, law enforcement officers, members of the academic
24 community, and treatment professionals. Membership in the
25 association shall be voluntary.
26 (b) The association shall annually elect a chairperson
27 who shall solicit recommendations from members on issues
28 relating to the expansion, operation, and institutionalization
29 of drug courts. The chairperson shall provide recommendations
30 of the association to the Supreme Court Treatment-Based Drug
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Florida Senate - 2001 SB 1814
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1 Court Steering Committee and shall submit a report to the
2 committee on or before October 1 of each year.
3 Section 2. This act shall take effect July 1, 2001.
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6 SENATE SUMMARY
7 Requires each judicial circuit to establish one or more
treatment-based drug courts within any of the divisions
8 of the circuit. Provides the principles of therapeutic
jurisprudence to be included in the drug court program.
9 Creates the position of drug court coordinator within
each circuit. Creates the Florida Association of Drug
10 Court Professionals. Requires the association to make
annual recommendations to the Supreme Court
11 Treatment-Based Drug Court Steering Committee.
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