HB 0177

1
A bill to be entitled
2An act relating to drug court programs; amending s.
339.001, F.S.; providing additional legislative purposes
4and intent with respect to the treatment of substance
5abuse, including the use of the drug court program model;
6authorizing the court to require certain persons to
7undergo treatment following adjudication; amending s.
839.407, F.S.; authorizing the court to order specified
9persons to submit to a substance abuse assessment upon a
10showing of good cause in connection with a shelter
11petition or petition for dependency; amending ss. 39.507
12and 39.521, F.S.; authorizing the court to order specified
13persons to submit to a substance abuse assessment as part
14of an adjudicatory order or pursuant to a disposition
15hearing; requiring a showing of good cause; authorizing
16the court to require participation in a treatment-based
17drug court program; authorizing the court to impose
18sanctions for noncompliance; amending s. 39.701, F.S.;
19authorizing the court to extend the time for completing a
20case plan during judicial review, based upon participation
21in a treatment-based drug court program; amending s.
22397.334, F.S.; revising legislative intent with respect to
23treatment-based drug court programs to reflect
24participation by community support agencies, the
25Department of Education, and other individuals; including
26postadjudicatory programs as part of treatment-based drug
27court programs; providing requirements and sanctions,
28including clinical placement or incarceration, for the
29coordinated strategy developed by the drug court team to
30encourage participant compliance; requiring each judicial
31circuit to establish a position for a coordinator of the
32treatment-based drug court program, subject to annual
33appropriation by the Legislature; authorizing the chief
34judge of each judicial circuit to appoint an advisory
35committee for the treatment-based drug court program;
36providing for membership of the committee; revising
37language with respect to an annual report; amending s.
38910.035, F.S.; revising language with respect to
39conditions for the transfer of a case in the drug court
40treatment program to a county other than that in which the
41charge arose; amending ss. 948.08, 948.16, and 985.306,
42F.S., relating to felony, misdemeanor, and delinquency
43pretrial substance abuse education and treatment
44intervention programs; providing requirements and
45sanctions, including clinical placement or incarceration,
46for the coordinated strategy developed by the drug court
47team to encourage participant compliance and removing
48provisions authorizing appointment of an advisory
49committee, to conform to changes made by the act;
50providing an effective date.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  Subsection (4) of section 39.001, Florida
55Statutes, is amended to read:
56     39.001  Purposes and intent; personnel standards and
57screening.--
58     (4)  SUBSTANCE ABUSE SERVICES.--
59     (a)  The Legislature recognizes that early referral and
60comprehensive treatment can help combat substance abuse in
61families and that treatment is cost effective.
62     (b)  The Legislature establishes the following goals for
63the state related to substance abuse treatment services in the
64dependency process:
65     1.  To ensure the safety of children.
66     2.  To prevent and remediate the consequences of substance
67abuse on families involved in protective supervision or foster
68care and reduce substance abuse, including alcohol abuse, for
69families who are at risk of being involved in protective
70supervision or foster care.
71     3.  To expedite permanency for children and reunify
72healthy, intact families, when appropriate.
73     4.  To support families in recovery.
74     (c)  The Legislature finds that children in the care of the
75state's dependency system need appropriate health care services,
76that the impact of substance abuse on health indicates the need
77for health care services to include substance abuse services to
78children and parents where appropriate, and that it is in the
79state's best interest that such children be provided the
80services they need to enable them to become and remain
81independent of state care. In order to provide these services,
82the state's dependency system must have the ability to identify
83and provide appropriate intervention and treatment for children
84with personal or family-related substance abuse problems.
85     (d)  It is the intent of the Legislature to encourage the
86use of the drug court program model established by s. 397.334
87and authorize courts to assess parents and children where good
88cause is shown to identify and address substance abuse problems
89as the court deems appropriate at every stage of the dependency
90process. Participation in treatment, including a treatment-based
91drug court program, may be required by the court following
92adjudication. Participation in assessment and treatment prior to
93adjudication shall be voluntary, except as provided in s.
9439.407(15).
95     (e)  It is therefore the purpose of the Legislature to
96provide authority for the state to contract with community
97substance abuse treatment providers for the development and
98operation of specialized support and overlay services for the
99dependency system, which will be fully implemented and used
100utilized as resources permit.
101     (f)  Participation in the treatment-based drug court
102program does not divest any public or private agency of its
103responsibility for a child or adult, but is intended to enable
104these agencies to better meet their needs through shared
105responsibility and resources.
106     Section 2.  Subsection (14) of section 39.407, Florida
107Statutes, is amended, and subsection (15) is added to said
108section, to read:
109     39.407  Medical, psychiatric, and psychological examination
110and treatment of child; physical, or mental, or substance abuse
111examination of parent or person with or requesting child custody
112of child.--
113     (14)  At any time after the filing of a shelter petition or
114petition for dependency, when the mental or physical condition,
115including the blood group, of a parent, caregiver, legal
116custodian, or other person who has custody or is requesting
117custody of a child is in controversy, the court may order the
118person to submit to a physical or mental examination by a
119qualified professional. The order may be made only upon good
120cause shown and pursuant to notice and procedures as set forth
121by the Florida Rules of Juvenile Procedure.
122     (15)  At any time after a shelter petition or petition for
123dependency is filed, the court may order a child or a person who
124has custody or is requesting custody of the child to submit to a
125substance abuse assessment and evaluation. The assessment or
126evaluation must be administered by a qualified professional, as
127defined in s. 397.311. The order may be made only upon good
128cause shown. This subsection shall not be construed to authorize
129placement of a child with a person seeking custody, other than
130the parent or legal custodian, who requires substance abuse
131treatment.
132     Section 3.  Subsection (9) is added to section 39.507,
133Florida Statutes, to read:
134     39.507  Adjudicatory hearings; orders of adjudication.--
135     (9)  After an adjudication of dependency, or a finding of
136dependency where adjudication is withheld, the court may order a
137child or a person who has custody or is requesting custody of
138the child to submit to a substance abuse assessment or
139evaluation. The assessment or evaluation must be administered by
140a qualified professional, as defined in s. 397.311. The court
141may also require such person to participate in and comply with
142treatment and services identified as necessary, including, when
143appropriate and available, participation in and compliance with
144a treatment-based drug court program established under s.
145397.334. In addition to supervision by the department, the
146court, including the treatment-based drug court program, may
147oversee the progress and compliance with treatment by the child
148or a person who has custody or is requesting custody of the
149child. The court may impose appropriate available sanctions for
150noncompliance upon the child or a person who has custody or is
151requesting custody of the child or make a finding of
152noncompliance for consideration in determining whether an
153alternative placement of the child is in the child's best
154interests. Any order entered under this subsection may be made
155only upon good cause shown. This subsection shall not be
156construed to authorize placement of a child with a person
157seeking custody, other than the parent or legal custodian, who
158requires substance abuse treatment.
159     Section 4.  Paragraph (b) of subsection (1) of section
16039.521, Florida Statutes, is amended to read:
161     39.521  Disposition hearings; powers of disposition.--
162     (1)  A disposition hearing shall be conducted by the court,
163if the court finds that the facts alleged in the petition for
164dependency were proven in the adjudicatory hearing, or if the
165parents or legal custodians have consented to the finding of
166dependency or admitted the allegations in the petition, have
167failed to appear for the arraignment hearing after proper
168notice, or have not been located despite a diligent search
169having been conducted.
170     (b)  When any child is adjudicated by a court to be
171dependent, the court having jurisdiction of the child has the
172power by order to:
173     1.  Require the parent and, when appropriate, the legal
174custodian and the child, to participate in treatment and
175services identified as necessary. The court may require the
176child or the person who has custody or who is requesting custody
177of the child to submit to a substance abuse assessment or
178evaluation. The assessment or evaluation must be administered by
179a qualified professional, as defined in s. 397.311. The court
180may also require such person to participate in and comply with
181treatment and services identified as necessary, including, when
182appropriate and available, participation in and compliance with
183a treatment-based drug court program established under s.
184397.334. In addition to supervision by the department, the
185court, including the treatment-based drug court program, may
186oversee the progress and compliance with treatment by the child
187or a person who has custody or is requesting custody of the
188child. The court may impose appropriate available sanctions for
189noncompliance upon the child or a person who has custody or is
190requesting custody of the child or make a finding of
191noncompliance for consideration in determining whether an
192alternative placement of the child is in the child's best
193interests. Any order entered under this subparagraph may be made
194only upon good cause shown. This subparagraph shall not be
195construed to authorize placement of a child with a person
196seeking custody, other than the parent or legal custodian, who
197requires substance abuse treatment.
198     2.  Require, if the court deems necessary, the parties to
199participate in dependency mediation.
200     3.  Require placement of the child either under the
201protective supervision of an authorized agent of the department
202in the home of one or both of the child's parents or in the home
203of a relative of the child or another adult approved by the
204court, or in the custody of the department. Protective
205supervision continues until the court terminates it or until the
206child reaches the age of 18, whichever date is first. Protective
207supervision shall be terminated by the court whenever the court
208determines that permanency has been achieved for the child,
209whether with a parent, another relative, or a legal custodian,
210and that protective supervision is no longer needed. The
211termination of supervision may be with or without retaining
212jurisdiction, at the court's discretion, and shall in either
213case be considered a permanency option for the child. The order
214terminating supervision by the department shall set forth the
215powers of the custodian of the child and shall include the
216powers ordinarily granted to a guardian of the person of a minor
217unless otherwise specified. Upon the court's termination of
218supervision by the department, no further judicial reviews are
219required, so long as permanency has been established for the
220child.
221     Section 5.  Paragraph (d) of subsection (9) of section
22239.701, Florida Statutes, is amended to read:
223     39.701  Judicial review.--
224     (9)
225     (d)  The court may extend the time limitation of the case
226plan, or may modify the terms of the plan, which, in addition to
227other modifications, may include a requirement that the parent
228or legal custodian participate in a treatment-based drug court
229program established under s. 397.334 based upon information
230provided by the social service agency, and the guardian ad
231litem, if one has been appointed, the parent or parents, and the
232foster parents or legal custodian, and any other competent
233information on record demonstrating the need for the amendment.
234If the court extends the time limitation of the case plan, the
235court must make specific findings concerning the frequency of
236past parent-child visitation, if any, and the court may
237authorize the expansion or restriction of future visitation.
238Modifications to the plan must be handled as prescribed in s.
23939.601. Any extension of a case plan must comply with the time
240requirements and other requirements specified by this chapter.
241     Section 6.  Section 397.334, Florida Statutes, is amended
242to read:
243     397.334  Treatment-based drug court programs.--
244     (1)  Each county may fund a treatment-based drug court
245program under which persons in the justice system assessed with
246a substance abuse problem will be processed in such a manner as
247to appropriately address the severity of the identified
248substance abuse problem through treatment services plans
249tailored to the individual needs of the participant. It is the
250intent of the Legislature to encourage the Department of
251Corrections, the Department of Children and Family Services, the
252Department of Juvenile Justice, the Department of Health, the
253Department of Law Enforcement, the Department of Education, and
254such other agencies, local governments, law enforcement
255agencies, and other interested public or private sources, and
256individuals to support the creation and establishment of these
257problem-solving court programs. Participation in the treatment-
258based drug court programs does not divest any public or private
259agency of its responsibility for a child or adult, but enables
260allows these agencies to better meet their needs through shared
261responsibility and resources.
262     (2)  Entry into any pretrial treatment-based drug court
263program shall be voluntary. The court may only order an
264individual to enter into a pretrial treatment-based drug court
265program upon written agreement by the individual, which shall
266include a statement that the individual understands the
267requirements of the program and the potential sanctions for
268noncompliance.
269     (3)(2)  The treatment-based drug court programs shall
270include therapeutic jurisprudence principles and adhere to the
271following 10 key components, recognized by the Drug Courts
272Program Office of the Office of Justice Programs of the United
273States Department of Justice and adopted by the Florida Supreme
274Court Treatment-Based Drug Court Steering Committee:
275     (a)  Drug court programs integrate alcohol and other drug
276treatment services with justice system case processing.
277     (b)  Using a nonadversarial approach, prosecution and
278defense counsel promote public safety while protecting
279participants' due process rights.
280     (c)  Eligible participants are identified early and
281promptly placed in the drug court program.
282     (d)  Drug court programs provide access to a continuum of
283alcohol, drug, and other related treatment and rehabilitation
284services.
285     (e)  Abstinence is monitored by frequent testing for
286alcohol and other drugs.
287     (f)  A coordinated strategy governs drug court program
288responses to participants' compliance.
289     (g)  Ongoing judicial interaction with each drug court
290program participant is essential.
291     (h)  Monitoring and evaluation measure the achievement of
292program goals and gauge program effectiveness.
293     (i)  Continuing interdisciplinary education promotes
294effective drug court program planning, implementation, and
295operations.
296     (j)  Forging partnerships among drug court programs, public
297agencies, and community-based organizations generates local
298support and enhances drug court program effectiveness.
299     (4)(3)  Treatment-based drug court programs may include
300pretrial intervention programs as provided in ss. 948.08,
301948.16, and 985.306, treatment-based drug court programs
302authorized in chapter 39, postadjudicatory programs, and the
303monitoring of sentenced offenders through a treatment-based drug
304court program. While enrolled in any treatment-based drug court
305program, the participant is subject to a coordinated strategy
306developed by the drug court team under paragraph (3)(f). Each
307coordinated strategy must include a protocol of sanctions that
308may be imposed upon the participant. The protocol of sanctions
309must include as available options placement in a secure licensed
310clinical or jail-based treatment program or serving a period of
311incarceration for noncompliance with program rules within the
312time limits established for contempt of court. The coordinated
313strategy must be provided in writing to the participant before
314the participant agrees to enter into a pretrial treatment-based
315drug court program.
316     (5)  Contingent upon an annual appropriation by the
317Legislature, each judicial circuit shall establish, at a
318minimum, one coordinator position for the treatment-based drug
319court program within the state courts system to coordinate the
320responsibilities of the participating agencies and service
321providers. Each coordinator shall provide direct support to the
322treatment-based drug court program by providing coordination
323between the multidisciplinary team and the judiciary, providing
324case management, monitoring compliance of the participants in
325the treatment-based drug court program with court requirements,
326and providing program evaluation and accountability.
327     (6)(4)(a)  The Florida Association of Drug Court Program
328Professionals is created. The membership of the association may
329consist of treatment-based drug court program practitioners who
330comprise the multidisciplinary treatment-based drug court
331program team, including, but not limited to, judges, state
332attorneys, defense counsel, drug court program coordinators,
333probation officers, law enforcement officers, community
334representatives, members of the academic community, and
335treatment professionals. Membership in the association shall be
336voluntary.
337     (b)  The association shall annually elect a chair whose
338duty is to solicit recommendations from members on issues
339relating to the expansion, operation, and institutionalization
340of treatment-based drug court programs. The chair is responsible
341for providing on or before October 1 of each year the
342association's recommendations and an annual report to the
343appropriate Supreme Court Treatment-Based Drug Court Steering
344committee or to the appropriate personnel of the Office of the
345State Courts Administrator, and shall submit a report each year,
346on or before October 1, to the steering committee.
347     (7)(5)  If a county chooses to fund a treatment-based drug
348court program, the county must secure funding from sources other
349than the state for those costs not otherwise assumed by the
350state pursuant to s. 29.004. However, this does not preclude
351counties from using treatment and other service dollars provided
352through state executive branch agencies. Counties may provide,
353by interlocal agreement, for the collective funding of these
354programs.
355     (8)  The chief judge of each judicial circuit may appoint
356an advisory committee for the treatment-based drug court
357program. The committee shall be composed of the chief judge, or
358his or her designee, who shall serve as chair; the judge of the
359treatment-based drug court program, if not otherwise designated
360by the chief judge as his or her designee; the state attorney,
361or his or her designee; the public defender, or his or her
362designee; the treatment-based drug court program coordinators;
363community representatives; treatment representatives; and any
364other persons the chair finds are appropriate.
365     Section 7.  Paragraphs (b) and (e) of subsection (5) of
366section 910.035, Florida Statutes, are amended to read:
367     910.035  Transfer from county for plea and sentence.--
368     (5)  Any person eligible for participation in a drug court
369treatment program pursuant to s. 948.08(6) may be eligible to
370have the case transferred to a county other than that in which
371the charge arose if the drug court program agrees and if the
372following conditions are met:
373     (b)  If approval for transfer is received from all parties,
374the trial court shall accept a plea of nolo contendere and enter
375a transfer order directing the clerk to transfer the case to the
376county which has accepted the defendant into its drug court
377program.
378     (e)  Upon successful completion of the drug court program,
379the jurisdiction to which the case has been transferred shall
380dispose of the case pursuant to s. 948.08(6). If the defendant
381does not complete the drug court program successfully, the
382jurisdiction to which the case has been transferred shall
383dispose of the case within the guidelines of the Criminal
384Punishment Code case shall be prosecuted as determined by the
385state attorneys of the sending and receiving counties.
386     Section 8.  Subsections (6), (7), and (8) of section
387948.08, Florida Statutes, are amended to read:
388     948.08  Pretrial intervention program.--
389     (6)(a)  Notwithstanding any provision of this section, a
390person who is charged with a felony of the second or third
391degree for purchase or possession of a controlled substance
392under chapter 893, prostitution, tampering with evidence,
393solicitation for purchase of a controlled substance, or
394obtaining a prescription by fraud; who has not been charged with
395a crime involving violence, including, but not limited to,
396murder, sexual battery, robbery, carjacking, home-invasion
397robbery, or any other crime involving violence; and who has not
398previously been convicted of a felony nor been admitted to a
399felony pretrial program referred to in this section is eligible
400for voluntary admission into a pretrial substance abuse
401education and treatment intervention program, including a
402treatment-based drug court program established pursuant to s.
403397.334, approved by the chief judge of the circuit, for a
404period of not less than 1 year in duration, upon motion of
405either party or the court's own motion, except:
406     1.  If a defendant was previously offered admission to a
407pretrial substance abuse education and treatment intervention
408program at any time prior to trial and the defendant rejected
409that offer on the record, then the court or the state attorney
410may deny the defendant's admission to such a program.
411     2.  If the state attorney believes that the facts and
412circumstances of the case suggest the defendant's involvement in
413the dealing and selling of controlled substances, the court
414shall hold a preadmission hearing. If the state attorney
415establishes, by a preponderance of the evidence at such hearing,
416that the defendant was involved in the dealing or selling of
417controlled substances, the court shall deny the defendant's
418admission into a pretrial intervention program.
419     (b)  While enrolled in a pretrial intervention program
420authorized by this section, the participant is subject to a
421coordinated strategy developed by a drug court team under s.
422397.334(3). The coordinated strategy must include a protocol of
423sanctions that may be imposed upon the participant. The protocol
424of sanctions must include as available options placement in a
425secure licensed clinical or jail-based treatment program or
426serving a period of incarceration for noncompliance with program
427rules within the time limits established for contempt of court.
428The coordinated strategy must be provided in writing to the
429participant before the participant agrees to enter into a
430pretrial treatment-based drug court program, or other pretrial
431intervention program.
432     (c)(b)  At the end of the pretrial intervention period, the
433court shall consider the recommendation of the administrator
434pursuant to subsection (5) and the recommendation of the state
435attorney as to disposition of the pending charges. The court
436shall determine, by written finding, whether the defendant has
437successfully completed the pretrial intervention program.
438     (c)1.  If the court finds that the defendant has not
439successfully completed the pretrial intervention program, the
440court may order the person to continue in education and
441treatment, which may include secure licensed clinical or jail-
442based treatment programs, or order that the charges revert to
443normal channels for prosecution.
444     2.  The court shall dismiss the charges upon a finding that
445the defendant has successfully completed the pretrial
446intervention program.
447     (d)  Any entity, whether public or private, providing a
448pretrial substance abuse education and treatment intervention
449program under this subsection must contract with the county or
450appropriate governmental entity, and the terms of the contract
451must include, but need not be limited to, the requirements
452established for private entities under s. 948.15(3).
453     (7)  The chief judge in each circuit may appoint an
454advisory committee for the pretrial intervention program
455composed of the chief judge or his or her designee, who shall
456serve as chair; the state attorney, the public defender, and the
457program administrator, or their designees; and such other
458persons as the chair deems appropriate. The advisory committee
459may not designate any defendant eligible for a pretrial
460intervention program for any offense that is not listed under
461paragraph (6)(a) without the state attorney's recommendation and
462approval. The committee may also include persons representing
463any other agencies to which persons released to the pretrial
464intervention program may be referred.
465     (7)(8)  The department may contract for the services and
466facilities necessary to operate pretrial intervention programs.
467     Section 9.  Section 948.16, Florida Statutes, is amended to
468read:
469     948.16  Misdemeanor pretrial substance abuse education and
470treatment intervention program.--
471     (1)(a)  A person who is charged with a misdemeanor for
472possession of a controlled substance or drug paraphernalia under
473chapter 893, and who has not previously been convicted of a
474felony nor been admitted to a pretrial program, is eligible for
475voluntary admission into a misdemeanor pretrial substance abuse
476education and treatment intervention program, including a
477treatment-based drug court program established pursuant to s.
478397.334, approved by the chief judge of the circuit, for a
479period based on the program requirements and the treatment plan
480for the offender, upon motion of either party or the court's own
481motion, except, if the state attorney believes the facts and
482circumstances of the case suggest the defendant is involved in
483dealing and selling controlled substances, the court shall hold
484a preadmission hearing. If the state attorney establishes, by a
485preponderance of the evidence at such hearing, that the
486defendant was involved in dealing or selling controlled
487substances, the court shall deny the defendant's admission into
488the pretrial intervention program.
489     (b)  While enrolled in a pretrial intervention program
490authorized by this section, the participant is subject to a
491coordinated strategy developed by a drug court team under s.
492397.334(3). The coordinated strategy must include a protocol of
493sanctions that may be imposed upon the participant. The protocol
494of sanctions must include as available options placement in a
495secure licensed clinical or jail-based treatment program or
496serving a period of incarceration for noncompliance with program
497rules within the time limits established for contempt of court.
498The coordinated strategy must be provided in writing to the
499participant before the participant agrees to enter into a
500pretrial treatment-based drug court program, or other pretrial
501intervention program.
502     (2)  At the end of the pretrial intervention period, the
503court shall consider the recommendation of the treatment program
504and the recommendation of the state attorney as to disposition
505of the pending charges. The court shall determine, by written
506finding, whether the defendant successfully completed the
507pretrial intervention program.
508     (a)  If the court finds that the defendant has not
509successfully completed the pretrial intervention program, the
510court may order the person to continue in education and
511treatment or return the charges to the criminal docket for
512prosecution.
513     (b)  The court shall dismiss the charges upon finding that
514the defendant has successfully completed the pretrial
515intervention program.
516     (3)  Any public or private entity providing a pretrial
517substance abuse education and treatment program under this
518section shall contract with the county or appropriate
519governmental entity. The terms of the contract shall include,
520but not be limited to, the requirements established for private
521entities under s. 948.15(3).
522     Section 10.  Section 985.306, Florida Statutes, is amended
523to read:
524     985.306  Delinquency pretrial intervention program.--
525     (1)(a)  Notwithstanding any provision of law to the
526contrary, a child who is charged under chapter 893 with a felony
527of the second or third degree for purchase or possession of a
528controlled substance under chapter 893; tampering with evidence;
529solicitation for purchase of a controlled substance; or
530obtaining a prescription by fraud, and who has not previously
531been adjudicated for a felony nor been admitted to a delinquency
532pretrial intervention program under this section, is eligible
533for voluntary admission into a delinquency pretrial substance
534abuse education and treatment intervention program, including a
535treatment-based drug court program established pursuant to s.
536397.334, approved by the chief judge or alternative sanctions
537coordinator of the circuit to the extent that funded programs
538are available, for a period based on the program requirements
539and the treatment services that are suitable for the offender of
540not less than 1 year in duration, upon motion of either party or
541the court's own motion. If the state attorney believes that the
542facts and circumstances of the case suggest the child's
543involvement in the dealing and selling of controlled substances,
544the court shall hold a preadmission hearing. If the state
545attorney establishes by a preponderance of the evidence at such
546hearing that the child was involved in the dealing and selling
547of controlled substances, the court shall deny the child's
548admission into a delinquency pretrial intervention program.
549     (2)  While enrolled in a delinquency pretrial intervention
550program authorized by this section, a child is subject to a
551coordinated strategy developed by a drug court team under s.
552397.334(3). The coordinated strategy must include a protocol of
553sanctions that may be imposed upon the child. The protocol of
554sanctions must include as available options placement in a
555secure licensed clinical facility or placement in a secure
556detention facility under s. 985.216 for noncompliance with
557program rules. The coordinated strategy must be provided in
558writing to the child before the child agrees to enter the
559pretrial treatment-based drug court program, or other pretrial
560intervention program.
561     (3)(b)  At the end of the delinquency pretrial intervention
562period, the court shall consider the recommendation of the state
563attorney and the program administrator as to disposition of the
564pending charges. The court shall determine, by written finding,
565whether the child has successfully completed the delinquency
566pretrial intervention program.
567     (c)1.  If the court finds that the child has not
568successfully completed the delinquency pretrial intervention
569program, the court may order the child to continue in an
570education, treatment, or urine monitoring program if resources
571and funding are available or order that the charges revert to
572normal channels for prosecution.
573     2.  The court may dismiss the charges upon a finding that
574the child has successfully completed the delinquency pretrial
575intervention program.
576     (4)(d)  Any entity, whether public or private, providing
577pretrial substance abuse education, treatment intervention, and
578a urine monitoring program under this section must contract with
579the county or appropriate governmental entity, and the terms of
580the contract must include, but need not be limited to, the
581requirements established for private entities under s.
582948.15(3). It is the intent of the Legislature that public or
583private entities providing substance abuse education and
584treatment intervention programs involve the active participation
585of parents, schools, churches, businesses, law enforcement
586agencies, and the department or its contract providers.
587     (2)  The chief judge in each circuit may appoint an
588advisory committee for the delinquency pretrial intervention
589program composed of the chief judge or designee, who shall serve
590as chair; the state attorney, the public defender, and the
591program administrator, or their designees; and such other
592persons as the chair deems appropriate. The committee may also
593include persons representing any other agencies to which
594children released to the delinquency pretrial intervention
595program may be referred.
596     Section 11.  This act shall take effect upon becoming a
597law.


CODING: Words stricken are deletions; words underlined are additions.