Senate Bill sb1814c1

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    Florida Senate - 2001                           CS for SB 1814

    By the Committee on Judiciary and Senator Burt





    308-1831A-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; amending s. 910.035, F.S.;

21         providing for a defendant to be transferred to

22         a drug-treatment program in another county;

23         providing criteria for such transfer; providing

24         for the defendant to be prosecuted upon failure

25         to successfully complete the drug-treatment

26         program; amending s. 948.08, F.S.; providing

27         for persons charged with certain offenses

28         involving controlled substances who have not

29         been charged with a crime involving violence to

30         be admitted to a pretrial intervention program;

31         providing requirements for a defendant to be

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    Florida Senate - 2001                           CS for SB 1814
    308-1831A-01




  1         designated as eligible for a pretrial

  2         intervention program; creating s. 948.16, F.S.;

  3         providing a pretrial substance abuse treatment

  4         and intervention program; providing criteria

  5         for admission to the program; providing for

  6         denial of such admission if the defendant was

  7         involved in the dealing or selling of

  8         controlled substances; requiring the court to

  9         determine whether the defendant has

10         successfully completed the program; providing

11         contract requirements for entities that provide

12         pretrial substance abuse treatment and

13         intervention programs; providing an effective

14         date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Treatment-Based drug courts.--

19         (1)  It is the intent of the Legislature to implement

20  treatment-based drug courts in each judicial circuit in an

21  effort to reduce crime and recidivism, cases of abuse and

22  neglect, and the dysfunction of families by breaking the cycle

23  of addiction which is the most predominant cause of cases

24  entering the justice system. The Legislature recognizes that

25  the integration of judicial supervision, treatment,

26  accountability, and sanctions greatly increase the

27  effectiveness of substance-abuse treatment. The Legislature

28  also seeks to ensure that there is a coordinated, integrated,

29  and multidisciplinary response to the problem of substance

30  abuse in this state, with special attention given to creating

31  partnerships between the public and private sectors and

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    Florida Senate - 2001                           CS for SB 1814
    308-1831A-01




  1  providing for the coordinated, supported, and integrated

  2  delivery of multiple-system services for substance abusers,

  3  including a multiagency team approach to delivering services.

  4         (2)  Each judicial circuit shall establish a model of

  5  one or more treatment-based drug courts wherein persons

  6  assessed with a substance-abuse problem in the justice system

  7  will be processed in a manner that appropriately addresses the

  8  severity of the identified substance-abuse problem through

  9  treatment plans tailored to the individual needs of the

10  participant. These treatment-based drug court models may be

11  established in the misdemeanor, felony, family, delinquency,

12  and dependency divisions of the judicial circuits. It is the

13  intent of the Legislature to encourage the Department of

14  Corrections, the Department of Children and Family Services,

15  the Department of Juvenile Justice, the Department of Health,

16  the Department of Law Enforcement, and other such agencies,

17  local governments, law enforcement agencies, and other

18  interested public or private sources to support the creation

19  and establishment of these problem-solving courts.

20  Participation in the treatment-based drug courts does not

21  divest any public or private agency of its responsibility for

22  a child or adult, but allows these agencies to better meet

23  their needs through shared responsibility and resources.

24         (3)  Each treatment-based drug court shall include

25  principles of therapeutic jurisprudence and adhere to the Ten

26  Key Components, recognized by the Drug Courts Program Office

27  of the Office of Justice Programs of the United States

28  Department of Justice, and adopted by the Florida Supreme

29  Court Treatment-Based Drug Court Steering Committee, as

30  follows:

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    Florida Senate - 2001                           CS for SB 1814
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  1         (a)  Drug courts shall integrate alcohol and other

  2  drug-treatment services with case processing within the

  3  justice system.

  4         (b)  Using a nonadversarial approach, prosecution and

  5  defense counsel shall promote public safety while protecting a

  6  participant's right to due process.

  7         (c)  Eligible participants shall be identified early

  8  and promptly placed in the drug court program.

  9         (d)  Drug courts shall provide access to a continuum of

10  alcohol, drug, and related treatment and rehabilitation

11  services.

12         (e)  Abstinence shall be monitored by frequent and

13  random testing for alcohol and other drugs.

14         (f)  A coordinated strategy shall govern the responses

15  of the drug court to participants' compliance.

16         (g)  Drug courts shall provide ongoing judicial

17  interaction with each participant.

18         (h)  Drug courts shall measure the achievement of

19  program goals and gauge the effectiveness of the program by

20  monitoring and evaluation.

21         (i)  Drug courts shall promote effective planning,

22  implementation, and operations by requiring continuing

23  interdisciplinary education for practitioners within the drug

24  courts.

25         (j)  Drug courts shall generate local support and

26  enhance program effectiveness by forging partnerships with

27  public agencies and community-based organizations.

28         (4)  There is established in each judicial circuit, at

29  a minimum, one position for a drug court coordinator within

30  the state courts system to coordinate the responsibilities

31  between the participating agencies and service providers.

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    Florida Senate - 2001                           CS for SB 1814
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  1  These positions shall provide direct support to the

  2  treatment-based drug court by providing for program

  3  coordination between the multidisciplinary team, the

  4  judiciary, and case managers; monitoring compliance of drug

  5  court participants with court requirements; and providing for

  6  program evaluation and accountability.

  7         (5)  These treatment-based drug courts may include

  8  pretrial intervention programs, as set forth in sections

  9  948.08(6), 948.16, and 985.306, Florida Statutes, and

10  postadjudicatory programs.

11         (6)(a)  There is created the Florida Association of

12  Drug Court Professionals. The membership may consist of drug

13  court practitioners who comprise the multidisciplinary drug

14  court team, including, but not limited to, judges, state

15  attorneys, defense counsel, drug court coordinators, probation

16  officers, law enforcement officers, members of the academic

17  community, and treatment professionals. Membership in the

18  association shall be voluntary.

19         (b)  The association shall annually elect a chairperson

20  who shall solicit recommendations from members on issues

21  relating to the expansion, operation, and institutionalization

22  of drug courts. The chairperson shall provide recommendations

23  of the association to the Supreme Court Treatment-Based Drug

24  Court Steering Committee and shall submit a report to the

25  committee on or before October 1 of each year.

26         Section 2.  Subsection (5) is added to section 910.035,

27  Florida Statutes, to read:

28         910.035  Transfer from county for plea and sentence.--

29         (5)  TRANSFER TO DRUG-TREATMENT PROGRAM IN ANOTHER

30  COUNTY.--Any defendant who is eligible to participate in a

31  substance abuse treatment program under s. 948.08(6) may have

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    Florida Senate - 2001                           CS for SB 1814
    308-1831A-01




  1  the case transferred to a county other than that in which the

  2  case arose if the drug court coordinator or other authorized

  3  representative of the county wishing to transfer the case

  4  consults with the drug court coordinator or authorized

  5  representative of the drug court in the county to which the

  6  defendant is to be transferred.

  7         (a)  If the transfer is approved by all parties, the

  8  trial court shall enter an order directing the clerk of the

  9  court to tranfer the case to the county that has accepted the

10  defendant into its drug court program.

11         (b)  The transfer order must include a copy of the

12  affidavit of probable cause; any charging document in the

13  case; all reports, witness statements, test results, evidence

14  lists, and other documents in the case; the defendant's

15  mailing address and phone number; and the defendant's written

16  consent to abide by the rules and procedures of the drug court

17  program in the receiving county.

18         (c)  After the transfer, the clerk of the court shall

19  set the matter for a hearing before the judge of the drug

20  court and the court shall ensure the defendant's entry into

21  the drug court program.

22         (d)  The court shall dispose of the case as provided in

23  s. 948.08(6). If the defendant fails to successfully complete

24  the drug court program, the defendant shall be prosecuted as

25  determined by the state attorneys of the sending and receiving

26  counties.

27         Section 3.  Paragraph (a) of subsection (6) and

28  subsection (7) of section 948.08, Florida Statutes, are

29  amended to read:

30         948.08  Pretrial intervention program.--

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    Florida Senate - 2001                           CS for SB 1814
    308-1831A-01




  1         (6)(a)  Notwithstanding any provision of this section,

  2  a person who is charged with a felony of the second or third

  3  degree for purchase or possession of a controlled substance

  4  under chapter 893, or who is charged with tampering with

  5  evidence, soliciting the purchase of a controlled substance,

  6  or obtaining a prescription by fraud; who has not been charged

  7  with a crime involving violence, including, but not limited

  8  to, murder, sexual battery, robbery, car jacking,

  9  home-invasion robbery, or an other crime involving violence;

10  and who has not previously been convicted of a felony nor been

11  admitted to a felony pretrial program referred to in this

12  section, is eligible for admission into a pretrial substance

13  abuse education and treatment intervention program approved by

14  the chief judge of the circuit, for a period of not less than

15  1 year in duration, upon motion of either party or the court's

16  own motion, except:

17         1.  If a defendant was previously offered admission to

18  a pretrial substance abuse education and treatment

19  intervention program at any time prior to trial and the

20  defendant rejected that offer on the record, then the court or

21  the state attorney may deny the defendant's admission to such

22  a program.

23         2.  If the state attorney believes that the facts and

24  circumstances of the case suggest the defendant's involvement

25  in the dealing and selling of controlled substances, the court

26  shall hold a preadmission hearing. If the state attorney

27  establishes, by a preponderance of the evidence at such

28  hearing, that the defendant was involved in the dealing or

29  selling of controlled substances, the court shall deny the

30  defendant's admission into a pretrial intervention program.

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    Florida Senate - 2001                           CS for SB 1814
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  1         (7)  The chief judge in each circuit may appoint an

  2  advisory committee for the pretrial intervention program

  3  composed of the chief judge or his or her designee, who shall

  4  serve as chair; the state attorney, the public defender, and

  5  the program administrator, or their designees; and such other

  6  persons as the chair deems appropriate. The advisory committee

  7  may not designate any defendant eligible for a pretrial

  8  intervention program for any offense that is not listed under

  9  paragraph (6)(a) without the state attorney's recommendation

10  and approval. The committee may also include persons

11  representing any other agencies to which persons released to

12  the pretrial intervention program may be referred.

13         Section 4.  Section 948.16, Florida Statutes, is

14  created to read:

15         948.16  Pretrial substance abuse treatment and

16  intervention program.--

17         (1)  A person who is charged with a misdemeanor for

18  possessing a controlled substance or drug paraphernalia under

19  chapter 893 and who has not previously been convicted of a

20  felony or admitted to a pretrial program is eligible for

21  admission into a pretrial substance abuse treatment and

22  intervention program approved by the chief judge of the

23  circuit. Upon a motion of the offender or the state attorney

24  or upon a motion of the court, the offender shall be placed in

25  the program for a period based on the requirements of the

26  program and the offender's treatment plan.

27         (2)  If the state attorney believes that the facts and

28  circumstances of the case suggest the defendant's involvement

29  in the dealing and selling of controlled substances, the court

30  shall hold a preadmission hearing. If the state attorney

31  establishes, by a preponderance of the evidence at such

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    Florida Senate - 2001                           CS for SB 1814
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  1  hearing, that the defendant was involved in the dealing or

  2  selling of controlled substances, the court shall deny the

  3  defendant's admission into a pretrial substance abuse

  4  treatment and intervention program.

  5         (3)  At the end of the pretrial intervention period,

  6  the court shall consider the recommendation of the

  7  administrator of the treatment program and the recommendation

  8  of the state attorney as to disposition of the pending

  9  charges. The court shall determine, by written finding,

10  whether the defendant has successfully completed the pretrial

11  substance abuse treatment and intervention program.

12         (a)  If the court finds that the defendant has not

13  successfully completed the pretrial intervention program, the

14  court may order the defendant to continue in the treatment and

15  intervention program or order that the defendant be criminally

16  prosecuted.

17         (b)  The court shall dismiss the charges upon a finding

18  that the defendant has successfully completed the pretrial

19  substance abuse treatment and intervention program.

20         (4)  Any entity, whether public or private, which

21  provides a pretrial substance abuse treatment and intervention

22  program under this section must contract with the county or

23  appropriate governmental entity, and the terms of the contract

24  must include, but need not be limited to, the requirements

25  established for private entities under s. 948.15(3).

26         Section 5.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                           CS for SB 1814
    308-1831A-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1814

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  4  Expands category of offenders who may be eligible for
    admission into a felony pretrial substance abuse and treatment
  5  program.

  6  Clarifies that the state attorney's approval is required prior
    to admission in such programs.
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    Provides authorization and the procedure for intercounty
  8  transfer of a criminal defendant to an existing drug-treatment
    program.
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    Provides for the creation of pretrial substance abuse
10  treatment and intervention programs and criteria for admission
    and completion of the programs.
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