Senate Bill sb1814c2

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    Florida Senate - 2001                    CS for CS for SB 1814

    By the Committees on Criminal Justice, Judiciary and Senator
    Burt




    307-1947-01

  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         providing duties of the coordinator;

11         authorizing the drug courts to include certain

12         pretrial intervention programs in the court's

13         program; creating the Florida Association of

14         Drug Court Professionals; providing for

15         membership; requiring that the chairperson of

16         the association provide recommendations to the

17         Supreme Court Treatment-Based Drug Court

18         Steering Committee; amending s. 910.035, F.S.;

19         providing for a defendant to be transferred to

20         a drug-treatment program in another county;

21         providing criteria for such transfer; providing

22         for the defendant to be prosecuted upon failure

23         to successfully complete the drug-treatment

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

25         for persons charged with certain offenses

26         involving controlled substances who have not

27         been charged with a crime involving violence to

28         be admitted to a pretrial intervention program;

29         providing requirements for a defendant to be

30         designated as eligible for a pretrial

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

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    Florida Senate - 2001                    CS for CS for SB 1814
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  1         providing a pretrial substance abuse treatment

  2         and intervention program; providing criteria

  3         for admission to the program; providing for

  4         denial of such admission if the defendant was

  5         involved in the dealing or selling of

  6         controlled substances; requiring the court to

  7         determine whether the defendant has

  8         successfully completed the program; providing

  9         contract requirements for entities that provide

10         pretrial substance abuse treatment and

11         intervention programs; providing an effective

12         date.

13

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

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

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

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

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

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

21  of addiction which is the most predominant cause of cases

22  entering the justice system. The Legislature recognizes that

23  the integration of judicial supervision, treatment,

24  accountability, and sanctions greatly increase the

25  effectiveness of substance-abuse treatment. The Legislature

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

27  and multidisciplinary response to the problem of substance

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

29  partnerships between the public and private sectors and

30  providing for the coordinated, supported, and integrated

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    Florida Senate - 2001                    CS for CS for SB 1814
    307-1947-01




  1  delivery of multiple-system services for substance abusers,

  2  including a multiagency team approach to delivering services.

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

  4  one or more treatment-based drug courts wherein persons

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

  6  will be processed in a manner that appropriately addresses the

  7  severity of the identified substance-abuse problem through

  8  treatment plans tailored to the individual needs of the

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

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

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

12  intent of the Legislature to encourage the Department of

13  Corrections, the Department of Children and Family Services,

14  the Department of Juvenile Justice, the Department of Health,

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

16  local governments, law enforcement agencies, and other

17  interested public or private sources to support the creation

18  and establishment of these problem-solving courts.

19  Participation in the treatment-based drug courts does not

20  divest any public or private agency of its responsibility for

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

22  their needs through shared responsibility and resources.

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

24  principles of therapeutic jurisprudence and adhere to the Ten

25  Key Components, recognized by the Drug Courts Program Office

26  of the Office of Justice Programs of the United States

27  Department of Justice, and adopted by the Florida Supreme

28  Court Treatment-Based Drug Court Steering Committee, as

29  follows:

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    Florida Senate - 2001                    CS for 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)  These treatment-based drug courts may include

29  pretrial intervention programs, as set forth in sections

30  948.08(6), 948.16, and 985.306, Florida Statutes, and

31  postadjudicatory programs.

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    Florida Senate - 2001                    CS for CS for SB 1814
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  1         (5)(a)  There is created the Florida Association of

  2  Drug Court Professionals. The membership may consist of drug

  3  court practitioners who comprise the multidisciplinary drug

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

  5  attorneys, defense counsel, drug court coordinators, probation

  6  officers, law enforcement officers, members of the academic

  7  community, and treatment professionals. Membership in the

  8  association shall be voluntary.

  9         (b)  The association shall annually elect a chairperson

10  who shall solicit recommendations from members on issues

11  relating to the expansion, operation, and institutionalization

12  of drug courts. The chairperson shall provide recommendations

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

14  Court Steering Committee and shall submit a report to the

15  committee on or before October 1 of each year.

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

17  Florida Statutes, to read:

18         910.035  Transfer from county for plea and sentence.--

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

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

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

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

23  case arose if the drug court coordinator or other authorized

24  representative of the county wishing to transfer the case

25  consults with the drug court coordinator or authorized

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

27  defendant is to be transferred.

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

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

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

31  defendant into its drug court program.

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    Florida Senate - 2001                    CS for CS for SB 1814
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  1         (b)  The transfer order must include a copy of the

  2  affidavit of probable cause; any charging document in the

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

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

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

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

  7  program in the receiving county.

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

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

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

11  the drug court program.

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

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

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

15  determined by the state attorneys of the sending and receiving

16  counties.

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

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

19  amended to read:

20         948.08  Pretrial intervention program.--

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

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

23  degree for purchase or possession of a controlled substance

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

25  evidence, soliciting the purchase of a controlled substance,

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

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

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

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

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

31  admitted to a felony pretrial program referred to in this

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    Florida Senate - 2001                    CS for CS for SB 1814
    307-1947-01




  1  section, is eligible for admission into a pretrial substance

  2  abuse education and treatment intervention program approved by

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

  4  1 year in duration, upon motion of either party or the court's

  5  own motion, except:

  6         1.  If a defendant was previously offered admission to

  7  a pretrial substance abuse education and treatment

  8  intervention program at any time prior to trial and the

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

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

11  a program.

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

13  circumstances of the case suggest the defendant's involvement

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

15  shall hold a preadmission hearing. If the state attorney

16  establishes, by a preponderance of the evidence at such

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

18  selling of controlled substances, the court shall deny the

19  defendant's admission into a pretrial intervention program.

20         (7)  The chief judge in each circuit may appoint an

21  advisory committee for the pretrial intervention program

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

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

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

25  persons as the chair deems appropriate. The advisory committee

26  may not designate any defendant eligible for a pretrial

27  intervention program for any offense that is not listed under

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

29  and approval. The committee may also include persons

30  representing any other agencies to which persons released to

31  the pretrial intervention program may be referred.

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    Florida Senate - 2001                    CS for CS for SB 1814
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  1         Section 4.  Section 948.16, Florida Statutes, is

  2  created to read:

  3         948.16  Pretrial substance abuse treatment and

  4  intervention program.--

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

  6  possessing a controlled substance or drug paraphernalia under

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

  8  felony or admitted to a pretrial program is eligible for

  9  admission into a pretrial substance abuse treatment and

10  intervention program approved by the chief judge of the

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

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

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

14  program and the offender's treatment plan.

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

16  circumstances of the case suggest the defendant's involvement

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

18  shall hold a preadmission hearing. If the state attorney

19  establishes, by a preponderance of the evidence at such

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

21  selling of controlled substances, the court shall deny the

22  defendant's admission into a pretrial substance abuse

23  treatment and intervention program.

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

25  the court shall consider the recommendation of the

26  administrator of the treatment program and the recommendation

27  of the state attorney as to disposition of the pending

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

29  whether the defendant has successfully completed the pretrial

30  substance abuse treatment and intervention program.

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    Florida Senate - 2001                    CS for CS for SB 1814
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  1         (a)  If the court finds that the defendant has not

  2  successfully completed the pretrial intervention program, the

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

  4  intervention program or order that the defendant be criminally

  5  prosecuted.

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

  7  that the defendant has successfully completed the pretrial

  8  substance abuse treatment and intervention program.

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

10  provides a pretrial substance abuse treatment and intervention

11  program under this section must contract with the county or

12  appropriate governmental entity, and the terms of the contract

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

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

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

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17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                     CS for Senate Bill 1814

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20  Deletes the requirement that each judicial circuit hire at
    least one drug court coordinator to oversee the various
21  aspects of the drug court process.

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