HB 175

1
A bill to be entitled
2An act relating to drug court programs; providing a short
3title; amending s. 39.001, F.S.; providing additional
4legislative purposes and intent with respect to the
5treatment of substance abuse, including the use of the
6drug court program model; authorizing the court to require
7certain persons to undergo treatment following
8adjudication; amending s. 39.407, F.S.; authorizing the
9court to order specified persons to submit to a substance
10abuse assessment upon a showing of good cause in
11connection with a shelter petition or petition for
12dependency; amending ss. 39.507 and 39.521, F.S.;
13authorizing the court to order specified persons to submit
14to a substance abuse assessment as part of an adjudicatory
15order or pursuant to a disposition hearing; requiring a
16showing of good cause; authorizing the court to require
17participation in a treatment-based drug court program;
18authorizing the court to impose sanctions for
19noncompliance; amending s. 39.701, F.S.; authorizing the
20court to extend the time for completing a case plan during
21judicial review, based upon participation in a treatment-
22based drug court program; amending s. 397.334, F.S.;
23revising legislative intent with respect to treatment-
24based drug court programs to reflect participation by
25community support agencies, the Department of Education,
26and other individuals; including postadjudicatory programs
27as part of treatment-based drug court programs; providing
28requirements and sanctions, including clinical placement
29or incarceration, for the coordinated strategy developed
30by the drug court team to encourage participant
31compliance; requiring each judicial circuit to establish a
32position for a coordinator of the treatment-based drug
33court program, subject to annual appropriation by the
34Legislature; authorizing the chief judge of each judicial
35circuit to appoint an advisory committee for the
36treatment-based drug court program; providing for
37membership of the committee; revising language with
38respect to an annual report; amending s. 910.035, F.S.;
39revising language with respect to conditions for the
40transfer of a case in the drug court treatment program to
41a county other than that in which the charge arose;
42amending ss. 948.08, 948.16, and 985.306, F.S., relating
43to felony, misdemeanor, and delinquency pretrial substance
44abuse education and treatment intervention programs;
45providing requirements and sanctions, including clinical
46placement or incarceration, for the coordinated strategy
47developed by the drug court team to encourage participant
48compliance and removing provisions authorizing appointment
49of an advisory committee, to conform to changes made by
50the act; providing an effective date.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  This act may be cited as the "Robert J. Koch
55Drug Court Intervention Act."
56     Section 2.  Subsection (4) of section 39.001, Florida
57Statutes, is amended to read:
58     39.001  Purposes and intent; personnel standards and
59screening.--
60     (4)  SUBSTANCE ABUSE SERVICES.--
61     (a)  The Legislature recognizes that early referral and
62comprehensive treatment can help combat substance abuse in
63families and that treatment is cost effective.
64     (b)  The Legislature establishes the following goals for
65the state related to substance abuse treatment services in the
66dependency process:
67     1.  To ensure the safety of children.
68     2.  To prevent and remediate the consequences of substance
69abuse on families involved in protective supervision or foster
70care and reduce substance abuse, including alcohol abuse, for
71families who are at risk of being involved in protective
72supervision or foster care.
73     3.  To expedite permanency for children and reunify
74healthy, intact families, when appropriate.
75     4.  To support families in recovery.
76     (c)  The Legislature finds that children in the care of the
77state's dependency system need appropriate health care services,
78that the impact of substance abuse on health indicates the need
79for health care services to include substance abuse services to
80children and parents where appropriate, and that it is in the
81state's best interest that such children be provided the
82services they need to enable them to become and remain
83independent of state care. In order to provide these services,
84the state's dependency system must have the ability to identify
85and provide appropriate intervention and treatment for children
86with personal or family-related substance abuse problems.
87     (d)  It is the intent of the Legislature to encourage the
88use of the drug court program model established by s. 397.334
89and authorize courts to assess parents and children where good
90cause is shown to identify and address substance abuse problems
91as the court deems appropriate at every stage of the dependency
92process. Participation in treatment, including a treatment-based
93drug court program, may be required by the court following
94adjudication. Participation in assessment and treatment prior to
95adjudication shall be voluntary, except as provided in s.
9639.407(16).
97     (e)  It is therefore the purpose of the Legislature to
98provide authority for the state to contract with community
99substance abuse treatment providers for the development and
100operation of specialized support and overlay services for the
101dependency system, which will be fully implemented and used
102utilized as resources permit.
103     (f)  Participation in the treatment-based drug court
104program does not divest any public or private agency of its
105responsibility for a child or adult, but is intended to enable
106these agencies to better meet their needs through shared
107responsibility and resources.
108     Section 3.  Subsection (15) of section 39.407, Florida
109Statutes, is amended and subsection (16) is added to that
110section to read:
111     39.407  Medical, psychiatric, and psychological examination
112and treatment of child; physical, or mental, or substance abuse
113examination of parent or person with or requesting child custody
114of child.--
115     (15)  At any time after the filing of a shelter petition or
116petition for dependency, when the mental or physical condition,
117including the blood group, of a parent, caregiver, legal
118custodian, or other person who has custody or is requesting
119custody of a child is in controversy, the court may order the
120person to submit to a physical or mental examination by a
121qualified professional. The order may be made only upon good
122cause shown and pursuant to notice and procedures as set forth
123by the Florida Rules of Juvenile Procedure.
124     (16)  At any time after a shelter petition or petition for
125dependency is filed, the court may order a child or a person who
126has custody or is requesting custody of the child to submit to a
127substance abuse assessment and evaluation. The assessment and
128evaluation must be administered by a qualified professional, as
129defined in s. 397.311. The order may be made only upon good
130cause shown. This subsection shall not be construed to authorize
131placement of a child with a person seeking custody, other than
132the parent or legal custodian, who requires substance abuse
133treatment.
134     Section 4.  Subsection (9) is added to section 39.507,
135Florida Statutes, to read:
136     39.507  Adjudicatory hearings; orders of adjudication.--
137     (9)  After an adjudication of dependency, or a finding of
138dependency where adjudication is withheld, the court may order a
139child or a person who has custody or is requesting custody of
140the child to submit to a substance abuse assessment or
141evaluation. The assessment or evaluation must be administered by
142a qualified professional, as defined in s. 397.311. The court
143may also require such person to participate in and comply with
144treatment and services identified as necessary, including, when
145appropriate and available, participation in and compliance with
146a treatment-based drug court program established under s.
147397.334. In addition to supervision by the department, the
148court, including the treatment-based drug court program, may
149oversee the progress and compliance with treatment by the child
150or a person who has custody or is requesting custody of the
151child. The court may impose appropriate available sanctions for
152noncompliance upon the child or a person who has custody or is
153requesting custody of the child or make a finding of
154noncompliance for consideration in determining whether an
155alternative placement of the child is in the child's best
156interests. Any order entered under this subsection may be made
157only upon good cause shown. This subsection shall not be
158construed to authorize placement of a child with a person
159seeking custody, other than the parent or legal custodian, who
160requires substance abuse treatment.
161     Section 5.  Paragraph (b) of subsection (1) of section
16239.521, Florida Statutes, is amended to read:
163     39.521  Disposition hearings; powers of disposition.--
164     (1)  A disposition hearing shall be conducted by the court,
165if the court finds that the facts alleged in the petition for
166dependency were proven in the adjudicatory hearing, or if the
167parents or legal custodians have consented to the finding of
168dependency or admitted the allegations in the petition, have
169failed to appear for the arraignment hearing after proper
170notice, or have not been located despite a diligent search
171having been conducted.
172     (b)  When any child is adjudicated by a court to be
173dependent, the court having jurisdiction of the child has the
174power by order to:
175     1.  Require the parent and, when appropriate, the legal
176custodian and the child, to participate in treatment and
177services identified as necessary. The court may require the
178child or the person who has custody or who is requesting custody
179of the child to submit to a substance abuse assessment or
180evaluation. The assessment or evaluation must be administered by
181a qualified professional, as defined in s. 397.311. The court
182may also require such person to participate in and comply with
183treatment and services identified as necessary, including, when
184appropriate and available, participation in and compliance with
185a treatment-based drug court program established under s.
186397.334. In addition to supervision by the department, the
187court, including the treatment-based drug court program, may
188oversee the progress and compliance with treatment by the child
189or a person who has custody or is requesting custody of the
190child. The court may impose appropriate available sanctions for
191noncompliance upon the child or a person who has custody or is
192requesting custody of the child or make a finding of
193noncompliance for consideration in determining whether an
194alternative placement of the child is in the child's best
195interests. Any order entered under this subparagraph may be made
196only upon good cause shown. This subparagraph shall not be
197construed to authorize placement of a child with a person
198seeking custody of the child, other than the child's parent or
199legal custodian, who requires substance abuse treatment.
200     2.  Require, if the court deems necessary, the parties to
201participate in dependency mediation.
202     3.  Require placement of the child either under the
203protective supervision of an authorized agent of the department
204in the home of one or both of the child's parents or in the home
205of a relative of the child or another adult approved by the
206court, or in the custody of the department. Protective
207supervision continues until the court terminates it or until the
208child reaches the age of 18, whichever date is first. Protective
209supervision shall be terminated by the court whenever the court
210determines that permanency has been achieved for the child,
211whether with a parent, another relative, or a legal custodian,
212and that protective supervision is no longer needed. The
213termination of supervision may be with or without retaining
214jurisdiction, at the court's discretion, and shall in either
215case be considered a permanency option for the child. The order
216terminating supervision by the department shall set forth the
217powers of the custodian of the child and shall include the
218powers ordinarily granted to a guardian of the person of a minor
219unless otherwise specified. Upon the court's termination of
220supervision by the department, no further judicial reviews are
221required, so long as permanency has been established for the
222child.
223     Section 6.  Paragraph (d) of subsection (9) of section
22439.701, Florida Statutes, is amended to read:
225     39.701  Judicial review.--
226     (9)
227     (d)  The court may extend the time limitation of the case
228plan, or may modify the terms of the plan, which, in addition to
229other modifications, may include a requirement that the parent
230or legal custodian participate in a treatment-based drug court
231program established under s. 397.334, based upon information
232provided by the social service agency, and the guardian ad
233litem, if one has been appointed, the parent or parents, and the
234foster parents or legal custodian, and any other competent
235information on record demonstrating the need for the amendment.
236If the court extends the time limitation of the case plan, the
237court must make specific findings concerning the frequency of
238past parent-child visitation, if any, and the court may
239authorize the expansion or restriction of future visitation.
240Modifications to the plan must be handled as prescribed in s.
24139.601. Any extension of a case plan must comply with the time
242requirements and other requirements specified by this chapter.
243     Section 7.  Section 397.334, Florida Statutes, is amended
244to read:
245     397.334  Treatment-based drug court programs.--
246     (1)  Each county may fund a treatment-based drug court
247program under which persons in the justice system assessed with
248a substance abuse problem will be processed in such a manner as
249to appropriately address the severity of the identified
250substance abuse problem through treatment services plans
251tailored to the individual needs of the participant. It is the
252intent of the Legislature to encourage the Department of
253Corrections, the Department of Children and Family Services, the
254Department of Juvenile Justice, the Department of Health, the
255Department of Law Enforcement, the Department of Education, and
256such other agencies, local governments, law enforcement
257agencies, and other interested public or private sources, and
258individuals to support the creation and establishment of these
259problem-solving court programs. Participation in the treatment-
260based drug court programs does not divest any public or private
261agency of its responsibility for a child or adult, but enables
262allows these agencies to better meet their needs through shared
263responsibility and resources.
264     (2)  Entry into any pretrial treatment-based drug court
265program shall be voluntary. The court may only order an
266individual to enter into a pretrial treatment-based drug court
267program upon written agreement by the individual, which shall
268include a statement that the individual understands the
269requirements of the program and the potential sanctions for
270noncompliance.
271     (3)(2)  The treatment-based drug court programs shall
272include therapeutic jurisprudence principles and adhere to the
273following 10 key components, recognized by the Drug Courts
274Program Office of the Office of Justice Programs of the United
275States Department of Justice and adopted by the Florida Supreme
276Court Treatment-Based Drug Court Steering Committee:
277     (a)  Drug court programs integrate alcohol and other drug
278treatment services with justice system case processing.
279     (b)  Using a nonadversarial approach, prosecution and
280defense counsel promote public safety while protecting
281participants' due process rights.
282     (c)  Eligible participants are identified early and
283promptly placed in the drug court program.
284     (d)  Drug court programs provide access to a continuum of
285alcohol, drug, and other related treatment and rehabilitation
286services.
287     (e)  Abstinence is monitored by frequent testing for
288alcohol and other drugs.
289     (f)  A coordinated strategy governs drug court program
290responses to participants' compliance.
291     (g)  Ongoing judicial interaction with each drug court
292program participant is essential.
293     (h)  Monitoring and evaluation measure the achievement of
294program goals and gauge program effectiveness.
295     (i)  Continuing interdisciplinary education promotes
296effective drug court program planning, implementation, and
297operations.
298     (j)  Forging partnerships among drug court programs, public
299agencies, and community-based organizations generates local
300support and enhances drug court program effectiveness.
301     (4)(3)  Treatment-based drug court programs may include
302pretrial intervention programs as provided in ss. 948.08,
303948.16, and 985.306, treatment-based drug court programs
304authorized in chapter 39, postadjudicatory programs, and the
305monitoring of sentenced offenders through a treatment-based drug
306court program. While enrolled in any treatment-based drug court
307program, the participant is subject to a coordinated strategy
308developed by the drug court team under paragraph (3)(f). Each
309coordinated strategy must include a protocol of sanctions that
310may be imposed upon the participant. The protocol of sanctions
311for treatment-based programs other than those authorized in
312chapter 39 must include, and the protocol of sanctions for
313treatment-based drug court programs authorized in chapter 39 may
314include, as available options placement in a secure licensed
315clinical or jail-based treatment program or serving a period of
316incarceration for noncompliance with program rules within the
317time limits established for contempt of court. The coordinated
318strategy must be provided in writing to the participant before
319the participant agrees to enter into a pretrial treatment-based
320drug court program. Any person whose charges are dismissed after
321successful completion of the treatment-based drug court program,
322if otherwise eligible, may have his or her arrest record and
323plea of nolo contendere to the dismissed charges expunged under
324s. 943.0585.
325     (5)  Contingent upon an annual appropriation by the
326Legislature, each judicial circuit shall establish, at a
327minimum, one coordinator position for the treatment-based drug
328court program within the state courts system to coordinate the
329responsibilities of the participating agencies and service
330providers. Each coordinator shall provide direct support to the
331treatment-based drug court program by providing coordination
332between the multidisciplinary team and the judiciary, providing
333case management, monitoring compliance of the participants in
334the treatment-based drug court program with court requirements,
335and providing program evaluation and accountability.
336     (6)(4)(a)  The Florida Association of Drug Court Program
337Professionals is created. The membership of the association may
338consist of treatment-based drug court program practitioners who
339comprise the multidisciplinary treatment-based drug court
340program team, including, but not limited to, judges, state
341attorneys, defense counsel, treatment-based drug court program
342coordinators, probation officers, law enforcement officers,
343community representatives, members of the academic community,
344and treatment professionals. Membership in the association shall
345be voluntary.
346     (b)  The association shall annually elect a chair whose
347duty is to solicit recommendations from members on issues
348relating to the expansion, operation, and institutionalization
349of treatment-based drug court programs. The chair is responsible
350for providing on or before October 1 of each year the
351association's recommendations and an annual report to the
352appropriate Supreme Court Treatment-Based Drug Court Steering
353committee or to the appropriate personnel of the Office of the
354State Courts Administrator, and shall submit a report each year,
355on or before October 1, to the steering committee.
356     (7)(5)  If a county chooses to fund a treatment-based drug
357court program, the county must secure funding from sources other
358than the state for those costs not otherwise assumed by the
359state pursuant to s. 29.004. However, this does not preclude
360counties from using treatment and other service dollars provided
361through state executive branch agencies. Counties may provide,
362by interlocal agreement, for the collective funding of these
363programs.
364     (8)  The chief judge of each judicial circuit may appoint
365an advisory committee for the treatment-based drug court
366program. The committee shall be composed of the chief judge, or
367his or her designee, who shall serve as chair; the judge of the
368treatment-based drug court program, if not otherwise designated
369by the chief judge as his or her designee; the state attorney,
370or his or her designee; the public defender, or his or her
371designee; the treatment-based drug court program coordinators;
372community representatives; treatment representatives; and any
373other persons the chair finds are appropriate.
374     Section 8.  Paragraphs (b) and (e) of subsection (5) of
375section 910.035, Florida Statutes, are amended to read:
376     910.035  Transfer from county for plea and sentence.--
377     (5)  Any person eligible for participation in a drug court
378treatment program pursuant to s. 948.08(6) may be eligible to
379have the case transferred to a county other than that in which
380the charge arose if the drug court program agrees and if the
381following conditions are met:
382     (b)  If approval for transfer is received from all parties,
383the trial court shall accept a plea of nolo contendere and enter
384a transfer order directing the clerk to transfer the case to the
385county which has accepted the defendant into its drug court
386program.
387     (e)  Upon successful completion of the drug court program,
388the jurisdiction to which the case has been transferred shall
389dispose of the case pursuant to s. 948.08(6). If the defendant
390does not complete the drug court program successfully, the
391jurisdiction to which the case has been transferred shall
392dispose of the case within the guidelines of the Criminal
393Punishment Code case shall be prosecuted as determined by the
394state attorneys of the sending and receiving counties.
395     Section 9.  Subsections (6), (7), and (8) of section
396948.08, Florida Statutes, are amended to read:
397     948.08  Pretrial intervention program.--
398     (6)(a)  Notwithstanding any provision of this section, a
399person who is charged with a felony of the second or third
400degree for purchase or possession of a controlled substance
401under chapter 893, prostitution, tampering with evidence,
402solicitation for purchase of a controlled substance, or
403obtaining a prescription by fraud; who has not been charged with
404a crime involving violence, including, but not limited to,
405murder, sexual battery, robbery, carjacking, home-invasion
406robbery, or any other crime involving violence; and who has not
407previously been convicted of a felony nor been admitted to a
408felony pretrial program referred to in this section is eligible
409for voluntary admission into a pretrial substance abuse
410education and treatment intervention program, including a
411treatment-based drug court program established pursuant to s.
412397.334, approved by the chief judge of the circuit, for a
413period of not less than 1 year in duration, upon motion of
414either party or the court's own motion, except:
415     1.  If a defendant was previously offered admission to a
416pretrial substance abuse education and treatment intervention
417program at any time prior to trial and the defendant rejected
418that offer on the record, then the court or the state attorney
419may deny the defendant's admission to such a program.
420     2.  If the state attorney believes that the facts and
421circumstances of the case suggest the defendant's involvement in
422the dealing and selling of controlled substances, the court
423shall hold a preadmission hearing. If the state attorney
424establishes, by a preponderance of the evidence at such hearing,
425that the defendant was involved in the dealing or selling of
426controlled substances, the court shall deny the defendant's
427admission into a pretrial intervention program.
428     (b)  While enrolled in a pretrial intervention program
429authorized by this section, the participant is subject to a
430coordinated strategy developed by a drug court team under s.
431397.334(3). The coordinated strategy must include a protocol of
432sanctions that may be imposed upon the participant. The protocol
433of sanctions must include as available options placement in a
434secure licensed clinical or jail-based treatment program or
435serving a period of incarceration for noncompliance with program
436rules within the time limits established for contempt of court.
437The coordinated strategy must be provided in writing to the
438participant before the participant agrees to enter into a
439pretrial treatment-based drug court program, or other pretrial
440intervention program.
441     (c)(b)  At the end of the pretrial intervention period, the
442court shall consider the recommendation of the administrator
443pursuant to subsection (5) and the recommendation of the state
444attorney as to disposition of the pending charges. The court
445shall determine, by written finding, whether the defendant has
446successfully completed the pretrial intervention program.
447     (c)1.  If the court finds that the defendant has not
448successfully completed the pretrial intervention program, the
449court may order the person to continue in education and
450treatment, which may include secure licensed clinical or jail-
451based treatment programs, or order that the charges revert to
452normal channels for prosecution.
453     2.  The court shall dismiss the charges upon a finding that
454the defendant has successfully completed the pretrial
455intervention program.
456     (d)  Any entity, whether public or private, providing a
457pretrial substance abuse education and treatment intervention
458program under this subsection must contract with the county or
459appropriate governmental entity, and the terms of the contract
460must include, but need not be limited to, the requirements
461established for private entities under s. 948.15(3).
462     (7)  The chief judge in each circuit may appoint an
463advisory committee for the pretrial intervention program
464composed of the chief judge or his or her designee, who shall
465serve as chair; the state attorney, the public defender, and the
466program administrator, or their designees; and such other
467persons as the chair deems appropriate. The advisory committee
468may not designate any defendant eligible for a pretrial
469intervention program for any offense that is not listed under
470paragraph (6)(a) without the state attorney's recommendation and
471approval. The committee may also include persons representing
472any other agencies to which persons released to the pretrial
473intervention program may be referred.
474     (7)(8)  The department may contract for the services and
475facilities necessary to operate pretrial intervention programs.
476     Section 10.  Section 948.16, Florida Statutes, is amended
477to read:
478     948.16  Misdemeanor pretrial substance abuse education and
479treatment intervention program.--
480     (1)(a)  A person who is charged with a misdemeanor for
481possession of a controlled substance or drug paraphernalia under
482chapter 893, and who has not previously been convicted of a
483felony nor been admitted to a pretrial program, is eligible for
484voluntary admission into a misdemeanor pretrial substance abuse
485education and treatment intervention program, including a
486treatment-based drug court program established pursuant to s.
487397.334, approved by the chief judge of the circuit, for a
488period based on the program requirements and the treatment plan
489for the offender, upon motion of either party or the court's own
490motion, except, if the state attorney believes the facts and
491circumstances of the case suggest the defendant is involved in
492dealing and selling controlled substances, the court shall hold
493a preadmission hearing. If the state attorney establishes, by a
494preponderance of the evidence at such hearing, that the
495defendant was involved in dealing or selling controlled
496substances, the court shall deny the defendant's admission into
497the pretrial intervention program.
498     (b)  While enrolled in a pretrial intervention program
499authorized by this section, the participant is subject to a
500coordinated strategy developed by a drug court team under s.
501397.334(3). The coordinated strategy must include a protocol of
502sanctions that may be imposed upon the participant. The protocol
503of sanctions must include as available options placement in a
504secure licensed clinical or jail-based treatment program or
505serving a period of incarceration for noncompliance with program
506rules within the time limits established for contempt of court.
507The coordinated strategy must be provided in writing to the
508participant before the participant agrees to enter into a
509pretrial treatment-based drug court program, or other pretrial
510intervention program.
511     (2)  At the end of the pretrial intervention period, the
512court shall consider the recommendation of the treatment program
513and the recommendation of the state attorney as to disposition
514of the pending charges. The court shall determine, by written
515finding, whether the defendant successfully completed the
516pretrial intervention program.
517     (a)  If the court finds that the defendant has not
518successfully completed the pretrial intervention program, the
519court may order the person to continue in education and
520treatment or return the charges to the criminal docket for
521prosecution.
522     (b)  The court shall dismiss the charges upon finding that
523the defendant has successfully completed the pretrial
524intervention program.
525     (3)  Any public or private entity providing a pretrial
526substance abuse education and treatment program under this
527section shall contract with the county or appropriate
528governmental entity. The terms of the contract shall include,
529but not be limited to, the requirements established for private
530entities under s. 948.15(3).
531     Section 11.  Section 985.306, Florida Statutes, is amended
532to read:
533     985.306  Delinquency pretrial intervention program.--
534     (1)(a)  Notwithstanding any provision of law to the
535contrary, a child who is charged under chapter 893 with a felony
536of the second or third degree for purchase or possession of a
537controlled substance under chapter 893; tampering with evidence;
538solicitation for purchase of a controlled substance; or
539obtaining a prescription by fraud, and who has not previously
540been adjudicated for a felony nor been admitted to a delinquency
541pretrial intervention program under this section, is eligible
542for voluntary admission into a delinquency pretrial substance
543abuse education and treatment intervention program, including a
544treatment-based drug court program established pursuant to s.
545397.334, approved by the chief judge or alternative sanctions
546coordinator of the circuit to the extent that funded programs
547are available, for a period based on the program requirements
548and the treatment services that are suitable for the offender of
549not less than 1 year in duration, upon motion of either party or
550the court's own motion. However, if the state attorney believes
551that the facts and circumstances of the case suggest the child's
552involvement in the dealing and selling of controlled substances,
553the court shall hold a preadmission hearing. If the state
554attorney establishes by a preponderance of the evidence at such
555hearing that the child was involved in the dealing and selling
556of controlled substances, the court shall deny the child's
557admission into a delinquency pretrial intervention program.
558     (2)  While enrolled in a delinquency pretrial intervention
559program authorized by this section, a child is subject to a
560coordinated strategy developed by a drug court team under s.
561397.334(3). The coordinated strategy must include a protocol of
562sanctions that may be imposed upon the child. The protocol of
563sanctions must include as available options placement in a
564secure licensed clinical facility or placement in a secure
565detention facility under s. 985.216 for noncompliance with
566program rules. The coordinated strategy must be provided in
567writing to the child before the child agrees to enter the
568pretrial treatment-based drug court program, or other pretrial
569intervention program.
570     (3)(b)  At the end of the delinquency pretrial intervention
571period, the court shall consider the recommendation of the state
572attorney and the program administrator as to disposition of the
573pending charges. The court shall determine, by written finding,
574whether the child has successfully completed the delinquency
575pretrial intervention program.
576     (c)1.  If the court finds that the child has not
577successfully completed the delinquency pretrial intervention
578program, the court may order the child to continue in an
579education, treatment, or urine monitoring program if resources
580and funding are available or order that the charges revert to
581normal channels for prosecution.
582     2.  The court may dismiss the charges upon a finding that
583the child has successfully completed the delinquency pretrial
584intervention program.
585     (4)(d)  Any entity, whether public or private, providing
586pretrial substance abuse education, treatment intervention, and
587a urine monitoring program under this section must contract with
588the county or appropriate governmental entity, and the terms of
589the contract must include, but need not be limited to, the
590requirements established for private entities under s.
591948.15(3). It is the intent of the Legislature that public or
592private entities providing substance abuse education and
593treatment intervention programs involve the active participation
594of parents, schools, churches, businesses, law enforcement
595agencies, and the department or its contract providers.
596     (2)  The chief judge in each circuit may appoint an
597advisory committee for the delinquency pretrial intervention
598program composed of the chief judge or designee, who shall serve
599as chair; the state attorney, the public defender, and the
600program administrator, or their designees; and such other
601persons as the chair deems appropriate. The committee may also
602include persons representing any other agencies to which
603children released to the delinquency pretrial intervention
604program may be referred.
605     Section 12.  This act shall take effect upon becoming a
606law.


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