HB 0175

CS

CHAMBER ACTION

1	The Juvenile Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to drug court programs; providing a short
7	title; amending s. 39.001, F.S.; providing additional
8	legislative purposes and intent with respect to the
9	treatment of substance abuse, including the use of the
10	drug court program model; authorizing the court to require
11	certain persons to undergo treatment following
12	adjudication; amending s. 39.407, F.S.; authorizing the
13	court to order specified persons to submit to a substance
14	abuse assessment upon a showing of good cause in
15	connection with a shelter petition or petition for
16	dependency; amending ss. 39.507 and 39.521, F.S.;
17	authorizing the court to order specified persons to submit
18	to a substance abuse assessment as part of an adjudicatory
19	order or pursuant to a disposition hearing; requiring a
20	showing of good cause; authorizing the court to require
21	participation in a treatment-based drug court program;
22	authorizing the court to impose sanctions for
23	noncompliance; amending s. 39.701, F.S.; authorizing the
24	court to extend the time for completing a case plan during
25	judicial review, based upon participation in a treatment-
26	based drug court program; amending s. 397.334, F.S.;
27	revising legislative intent with respect to treatment-
28	based drug court programs to reflect participation by
29	community support agencies, the Department of Education,
30	and other individuals; including postadjudicatory programs
31	as part of treatment-based drug court programs; providing
32	requirements and sanctions, including treatment by
33	specified licensed service providers, jail-based
34	treatment, secure detention, or incarceration, for the
35	coordinated strategy developed by the drug court team to
36	encourage participant compliance; requiring each judicial
37	circuit to establish a position for a coordinator of the
38	treatment-based drug court program, subject to annual
39	appropriation by the Legislature; authorizing the chief
40	judge of each judicial circuit to appoint an advisory
41	committee for the treatment-based drug court program;
42	providing for membership of the committee; revising
43	language with respect to an annual report; amending s.
44	910.035, F.S.; revising language with respect to
45	conditions for the transfer of a case in the drug court
46	treatment program to a county other than that in which the
47	charge arose; amending ss. 948.08, 948.16, and 985.306,
48	F.S., relating to felony, misdemeanor, and delinquency
49	pretrial substance abuse education and treatment
50	intervention programs; deleting a provision allowing a
51	state attorney to deny a defendant's admission to a
52	pretrial substance abuse education and treatment
53	intervention program if the defendant previously declined
54	admission to such a program; providing for application of
55	the coordinated strategy developed by the drug court team;
56	removing provisions authorizing appointment of an advisory
57	committee, to conform to changes made by the act;
58	providing an effective date.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  This act may be cited as the "Robert J. Koch
63	Drug Court Intervention Act."
64	Section 2.  Subsection (4) of section 39.001, Florida
65	Statutes, is amended to read:
66	39.001  Purposes and intent; personnel standards and
67	screening.--
68	(4)  SUBSTANCE ABUSE SERVICES.--
69	(a)  The Legislature recognizes that early referral and
70	comprehensive treatment can help combat substance abuse in
71	families and that treatment is cost effective.
72	(b)  The Legislature establishes the following goals for
73	the state related to substance abuse treatment services in the
74	dependency process:
75	1.  To ensure the safety of children.
76	2.  To prevent and remediate the consequences of substance
77	abuse on families involved in protective supervision or foster
78	care and reduce substance abuse, including alcohol abuse, for
79	families who are at risk of being involved in protective
80	supervision or foster care.
81	3.  To expedite permanency for children and reunify
82	healthy, intact families, when appropriate.
83	4.  To support families in recovery.
84	(c)  The Legislature finds that children in the care of the
85	state's dependency system need appropriate health care services,
86	that the impact of substance abuse on health indicates the need
87	for health care services to include substance abuse services to
88	children and parents where appropriate, and that it is in the
89	state's best interest that such children be provided the
90	services they need to enable them to become and remain
91	independent of state care. In order to provide these services,
92	the state's dependency system must have the ability to identify
93	and provide appropriate intervention and treatment for children
94	with personal or family-related substance abuse problems.
95	(d)  It is the intent of the Legislature to encourage the
96	use of the drug court program model established by s. 397.334
97	and authorize courts to assess parents and children where good
98	cause is shown to identify and address substance abuse problems
99	as the court deems appropriate at every stage of the dependency
100	process. Participation in treatment, including a treatment-based
101	drug court program, may be required by the court following
102	adjudication. Participation in assessment and treatment prior to
103	adjudication shall be voluntary, except as provided in s.
104	39.407(16).
105	(e)  It is therefore the purpose of the Legislature to
106	provide authority for the state to contract with community
107	substance abuse treatment providers for the development and
108	operation of specialized support and overlay services for the
109	dependency system, which will be fully implemented and used
110	utilized as resources permit.
111	(f)  Participation in the treatment-based drug court
112	program does not divest any public or private agency of its
113	responsibility for a child or adult, but is intended to enable
114	these agencies to better meet their needs through shared
115	responsibility and resources.
116	Section 3.  Subsection (15) of section 39.407, Florida
117	Statutes, is amended, and subsection (16) is added to that
118	section, to read:
119	39.407  Medical, psychiatric, and psychological examination
120	and treatment of child; physical, or mental, or substance abuse
121	examination of parent or person with or requesting child custody
122	of child.--
123	(15)  At any time after the filing of a shelter petition or
124	petition for dependency, when the mental or physical condition,
125	including the blood group, of a parent, caregiver, legal
126	custodian, or other person who has custody or is requesting
127	custody of a child is in controversy, the court may order the
128	person to submit to a physical or mental examination by a
129	qualified professional. The order may be made only upon good
130	cause shown and pursuant to notice and procedures as set forth
131	by the Florida Rules of Juvenile Procedure.
132	(16)  At any time after a shelter petition or petition for
133	dependency is filed, the court may order a child or a person who
134	has custody or is requesting custody of the child to submit to a
135	substance abuse assessment and evaluation. The assessment and
136	evaluation must be administered by a qualified professional, as
137	defined in s. 397.311. The order may be made only upon good
138	cause shown. This subsection shall not be construed to authorize
139	placement of a child with a person seeking custody, other than
140	the parent or legal custodian, who requires substance abuse
141	treatment.
142	Section 4.  Subsection (9) is added to section 39.507,
143	Florida Statutes, to read:
144	39.507  Adjudicatory hearings; orders of adjudication.--
145	(9)  After an adjudication of dependency, or a finding of
146	dependency where adjudication is withheld, the court may order a
147	child or a person who has custody or is requesting custody of
148	the child to submit to a substance abuse assessment or
149	evaluation. The assessment or evaluation must be administered by
150	a qualified professional, as defined in s. 397.311. The court
151	may also require such person to participate in and comply with
152	treatment and services identified as necessary, including, when
153	appropriate and available, participation in and compliance with
154	a treatment-based drug court program established under s.
155	397.334. In addition to supervision by the department, the
156	court, including the treatment-based drug court program, may
157	oversee the progress and compliance with treatment by the child
158	or a person who has custody or is requesting custody of the
159	child. The court may impose appropriate available sanctions for
160	noncompliance upon the child or a person who has custody or is
161	requesting custody of the child or make a finding of
162	noncompliance for consideration in determining whether an
163	alternative placement of the child is in the child's best
164	interests. Any order entered under this subsection may be made
165	only upon good cause shown. This subsection shall not be
166	construed to authorize placement of a child with a person
167	seeking custody, other than the parent or legal custodian, who
168	requires substance abuse treatment.
169	Section 5.  Paragraph (b) of subsection (1) of section
170	39.521, Florida Statutes, is amended to read:
171	39.521  Disposition hearings; powers of disposition.--
172	(1)  A disposition hearing shall be conducted by the court,
173	if the court finds that the facts alleged in the petition for
174	dependency were proven in the adjudicatory hearing, or if the
175	parents or legal custodians have consented to the finding of
176	dependency or admitted the allegations in the petition, have
177	failed to appear for the arraignment hearing after proper
178	notice, or have not been located despite a diligent search
179	having been conducted.
180	(b)  When any child is adjudicated by a court to be
181	dependent, the court having jurisdiction of the child has the
182	power by order to:
183	1.  Require the parent and, when appropriate, the legal
184	custodian and the child, to participate in treatment and
185	services identified as necessary. The court may require the
186	child or the person who has custody or who is requesting custody
187	of the child to submit to a substance abuse assessment or
188	evaluation. The assessment or evaluation must be administered by
189	a qualified professional, as defined in s. 397.311. The court
190	may also require such person to participate in and comply with
191	treatment and services identified as necessary, including, when
192	appropriate and available, participation in and compliance with
193	a treatment-based drug court program established under s.
194	397.334. In addition to supervision by the department, the
195	court, including the treatment-based drug court program, may
196	oversee the progress and compliance with treatment by the child
197	or a person who has custody or is requesting custody of the
198	child. The court may impose appropriate available sanctions for
199	noncompliance upon the child or a person who has custody or is
200	requesting custody of the child or make a finding of
201	noncompliance for consideration in determining whether an
202	alternative placement of the child is in the child's best
203	interests. Any order entered under this subparagraph may be made
204	only upon good cause shown. This subparagraph shall not be
205	construed to authorize placement of a child with a person
206	seeking custody of the child, other than the child's parent or
207	legal custodian, who requires substance abuse treatment.
208	2.  Require, if the court deems necessary, the parties to
209	participate in dependency mediation.
210	3.  Require placement of the child either under the
211	protective supervision of an authorized agent of the department
212	in the home of one or both of the child's parents or in the home
213	of a relative of the child or another adult approved by the
214	court, or in the custody of the department. Protective
215	supervision continues until the court terminates it or until the
216	child reaches the age of 18, whichever date is first. Protective
217	supervision shall be terminated by the court whenever the court
218	determines that permanency has been achieved for the child,
219	whether with a parent, another relative, or a legal custodian,
220	and that protective supervision is no longer needed. The
221	termination of supervision may be with or without retaining
222	jurisdiction, at the court's discretion, and shall in either
223	case be considered a permanency option for the child. The order
224	terminating supervision by the department shall set forth the
225	powers of the custodian of the child and shall include the
226	powers ordinarily granted to a guardian of the person of a minor
227	unless otherwise specified. Upon the court's termination of
228	supervision by the department, no further judicial reviews are
229	required, so long as permanency has been established for the
230	child.
231	Section 6.  Paragraph (d) of subsection (9) of section
232	39.701, Florida Statutes, is amended to read:
233	39.701  Judicial review.--
234	(9)
235	(d)  The court may extend the time limitation of the case
236	plan, or may modify the terms of the plan, which, in addition to
237	other modifications, may include a requirement that the parent
238	or legal custodian participate in a treatment-based drug court
239	program established under s. 397.334, based upon information
240	provided by the social service agency, and the guardian ad
241	litem, if one has been appointed, the parent or parents, and the
242	foster parents or legal custodian, and any other competent
243	information on record demonstrating the need for the amendment.
244	If the court extends the time limitation of the case plan, the
245	court must make specific findings concerning the frequency of
246	past parent-child visitation, if any, and the court may
247	authorize the expansion or restriction of future visitation.
248	Modifications to the plan must be handled as prescribed in s.
249	39.601. Any extension of a case plan must comply with the time
250	requirements and other requirements specified by this chapter.
251	Section 7.  Section 397.334, Florida Statutes, is amended
252	to read:
253	397.334  Treatment-based drug court programs.--
254	(1)  Each county may fund a treatment-based drug court
255	program under which persons in the justice system assessed with
256	a substance abuse problem will be processed in such a manner as
257	to appropriately address the severity of the identified
258	substance abuse problem through treatment services plans
259	tailored to the individual needs of the participant. It is the
260	intent of the Legislature to encourage the Department of
261	Corrections, the Department of Children and Family Services, the
262	Department of Juvenile Justice, the Department of Health, the
263	Department of Law Enforcement, the Department of Education, and
264	such other agencies, local governments, law enforcement
265	agencies, and other interested public or private sources, and
266	individuals to support the creation and establishment of these
267	problem-solving court programs. Participation in the treatment-
268	based drug court programs does not divest any public or private
269	agency of its responsibility for a child or adult, but enables
270	allows these agencies to better meet their needs through shared
271	responsibility and resources.
272	(2)  Entry into any pretrial treatment-based drug court
273	program shall be voluntary. The court may only order an
274	individual to enter into a pretrial treatment-based drug court
275	program upon written agreement by the individual, which shall
276	include a statement that the individual understands the
277	requirements of the program and the potential sanctions for
278	noncompliance.
279	(3)(2)  The treatment-based drug court programs shall
280	include therapeutic jurisprudence principles and adhere to the
281	following 10 key components, recognized by the Drug Courts
282	Program Office of the Office of Justice Programs of the United
283	States Department of Justice and adopted by the Florida Supreme
284	Court Treatment-Based Drug Court Steering Committee:
285	(a)  Drug court programs integrate alcohol and other drug
286	treatment services with justice system case processing.
287	(b)  Using a nonadversarial approach, prosecution and
288	defense counsel promote public safety while protecting
289	participants' due process rights.
290	(c)  Eligible participants are identified early and
291	promptly placed in the drug court program.
292	(d)  Drug court programs provide access to a continuum of
293	alcohol, drug, and other related treatment and rehabilitation
294	services.
295	(e)  Abstinence is monitored by frequent testing for
296	alcohol and other drugs.
297	(f)  A coordinated strategy governs drug court program
298	responses to participants' compliance.
299	(g)  Ongoing judicial interaction with each drug court
300	program participant is essential.
301	(h)  Monitoring and evaluation measure the achievement of
302	program goals and gauge program effectiveness.
303	(i)  Continuing interdisciplinary education promotes
304	effective drug court program planning, implementation, and
305	operations.
306	(j)  Forging partnerships among drug court programs, public
307	agencies, and community-based organizations generates local
308	support and enhances drug court program effectiveness.
309	(4)(3)  Treatment-based drug court programs may include
310	pretrial intervention programs as provided in ss. 948.08,
311	948.16, and 985.306, treatment-based drug court programs
312	authorized in chapter 39, postadjudicatory programs, and the
313	monitoring of sentenced offenders through a treatment-based drug
314	court program. While enrolled in any treatment-based drug court
315	program, the participant is subject to a coordinated strategy
316	developed by the drug court team under paragraph (3)(f). Each
317	coordinated strategy may include a protocol of sanctions that
318	may be imposed upon the participant for noncompliance with
319	program rules. The protocol of sanctions for treatment-based
320	programs may include, but is not limited to, placement in a
321	substance abuse treatment program offered by a licensed service
322	provider as defined in s. 397.311 or in a jail-based treatment
323	program or serving a period of secure detention under chapter
324	985 if a child or a period of incarceration within the time
325	limits established for contempt of court if an adult. The
326	coordinated strategy must be provided in writing to the
327	participant before the participant agrees to enter into a
328	pretrial treatment-based drug court program. Any person whose
329	charges are dismissed after successful completion of the
330	treatment-based drug court program, if otherwise eligible, may
331	have his or her arrest record and plea of nolo contendere to the
332	dismissed charges expunged under s. 943.0585.
333	(5)  Contingent upon an annual appropriation by the
334	Legislature, each judicial circuit shall establish, at a
335	minimum, one coordinator position for the treatment-based drug
336	court program within the state courts system to coordinate the
337	responsibilities of the participating agencies and service
338	providers. Each coordinator shall provide direct support to the
339	treatment-based drug court program by providing coordination
340	between the multidisciplinary team and the judiciary, providing
341	case management, monitoring compliance of the participants in
342	the treatment-based drug court program with court requirements,
343	and providing program evaluation and accountability.
344	(6)(4)(a)  The Florida Association of Drug Court Program
345	Professionals is created. The membership of the association may
346	consist of treatment-based drug court program practitioners who
347	comprise the multidisciplinary treatment-based drug court
348	program team, including, but not limited to, judges, state
349	attorneys, defense counsel, treatment-based drug court program
350	coordinators, probation officers, law enforcement officers,
351	community representatives, members of the academic community,
352	and treatment professionals. Membership in the association shall
353	be voluntary.
354	(b)  The association shall annually elect a chair whose
355	duty is to solicit recommendations from members on issues
356	relating to the expansion, operation, and institutionalization
357	of treatment-based drug court programs. The chair is responsible
358	for providing on or before October 1 of each year the
359	association's recommendations and an annual report to the
360	appropriate Supreme Court Treatment-Based Drug Court Steering
361	committee or to the appropriate personnel of the Office of the
362	State Courts Administrator, and shall submit a report each year,
363	on or before October 1, to the steering committee.
364	(7)(5)  If a county chooses to fund a treatment-based drug
365	court program, the county must secure funding from sources other
366	than the state for those costs not otherwise assumed by the
367	state pursuant to s. 29.004. However, this does not preclude
368	counties from using treatment and other service dollars provided
369	through state executive branch agencies. Counties may provide,
370	by interlocal agreement, for the collective funding of these
371	programs.
372	(8)  The chief judge of each judicial circuit may appoint
373	an advisory committee for the treatment-based drug court
374	program. The committee shall be composed of the chief judge, or
375	his or her designee, who shall serve as chair; the judge of the
376	treatment-based drug court program, if not otherwise designated
377	by the chief judge as his or her designee; the state attorney,
378	or his or her designee; the public defender, or his or her
379	designee; the treatment-based drug court program coordinators;
380	community representatives; treatment representatives; and any
381	other persons the chair finds are appropriate.
382	Section 8.  Paragraphs (b) and (e) of subsection (5) of
383	section 910.035, Florida Statutes, are amended to read:
384	910.035  Transfer from county for plea and sentence.--
385	(5)  Any person eligible for participation in a drug court
386	treatment program pursuant to s. 948.08(6) may be eligible to
387	have the case transferred to a county other than that in which
388	the charge arose if the drug court program agrees and if the
389	following conditions are met:
390	(b)  If approval for transfer is received from all parties,
391	the trial court shall accept a plea of nolo contendere and enter
392	a transfer order directing the clerk to transfer the case to the
393	county which has accepted the defendant into its drug court
394	program.
395	(e)  Upon successful completion of the drug court program,
396	the jurisdiction to which the case has been transferred shall
397	dispose of the case pursuant to s. 948.08(6). If the defendant
398	does not complete the drug court program successfully, the
399	jurisdiction to which the case has been transferred shall
400	dispose of the case within the guidelines of the Criminal
401	Punishment Code case shall be prosecuted as determined by the
402	state attorneys of the sending and receiving counties.
403	Section 9.  Subsections (6), (7), and (8) of section
404	948.08, Florida Statutes, are amended to read:
405	948.08  Pretrial intervention program.--
406	(6)(a)  Notwithstanding any provision of this section, a
407	person who is charged with a felony of the second or third
408	degree for purchase or possession of a controlled substance
409	under chapter 893, prostitution, tampering with evidence,
410	solicitation for purchase of a controlled substance, or
411	obtaining a prescription by fraud; who has not been charged with
412	a crime involving violence, including, but not limited to,
413	murder, sexual battery, robbery, carjacking, home-invasion
414	robbery, or any other crime involving violence; and who has not
415	previously been convicted of a felony nor been admitted to a
416	felony pretrial program referred to in this section is eligible
417	for voluntary admission into a pretrial substance abuse
418	education and treatment intervention program, including a
419	treatment-based drug court program established pursuant to s.
420	397.334, approved by the chief judge of the circuit, for a
421	period of not less than 1 year in duration, upon motion of
422	either party or the court's own motion, except:
423	1.  If a defendant was previously offered admission to a
424	pretrial substance abuse education and treatment intervention
425	program at any time prior to trial and the defendant rejected
426	that offer on the record, then the court or the state attorney
427	may deny the defendant's admission to such a program.
428	2.  if the state attorney believes that the facts and
429	circumstances of the case suggest the defendant's involvement in
430	the dealing and selling of controlled substances, the court
431	shall hold a preadmission hearing. If the state attorney
432	establishes, by a preponderance of the evidence at such hearing,
433	that the defendant was involved in the dealing or selling of
434	controlled substances, the court shall deny the defendant's
435	admission into a pretrial intervention program.
436	(b)  While enrolled in a pretrial intervention program
437	authorized by this section, the participant is subject to a
438	coordinated strategy developed by a drug court team under s.
439	397.334(3). The coordinated strategy may include a protocol of
440	sanctions that may be imposed upon the participant for
441	noncompliance with program rules. The protocol of sanctions may
442	include, but is not limited to, placement in a substance abuse
443	treatment program offered by a licensed service provider as
444	defined in s. 397.311 or in a jail-based treatment program or
445	serving a period of incarceration within the time limits
446	established for contempt of court. The coordinated strategy must
447	be provided in writing to the participant before the participant
448	agrees to enter into a pretrial treatment-based drug court
449	program or other pretrial intervention program.
450	(c)(b)  At the end of the pretrial intervention period, the
451	court shall consider the recommendation of the administrator
452	pursuant to subsection (5) and the recommendation of the state
453	attorney as to disposition of the pending charges. The court
454	shall determine, by written finding, whether the defendant has
455	successfully completed the pretrial intervention program.
456	(c)1.  If the court finds that the defendant has not
457	successfully completed the pretrial intervention program, the
458	court may order the person to continue in education and
459	treatment, which may include substance abuse treatment programs
460	offered by licensed service providers as defined in s. 397.311
461	or jail-based treatment programs, or order that the charges
462	revert to normal channels for prosecution.
463	2.  The court shall dismiss the charges upon a finding that
464	the defendant has successfully completed the pretrial
465	intervention program.
466	(d)  Any entity, whether public or private, providing a
467	pretrial substance abuse education and treatment intervention
468	program under this subsection must contract with the county or
469	appropriate governmental entity, and the terms of the contract
470	must include, but need not be limited to, the requirements
471	established for private entities under s. 948.15(3).
472	(7)  The chief judge in each circuit may appoint an
473	advisory committee for the pretrial intervention program
474	composed of the chief judge or his or her designee, who shall
475	serve as chair; the state attorney, the public defender, and the
476	program administrator, or their designees; and such other
477	persons as the chair deems appropriate. The advisory committee
478	may not designate any defendant eligible for a pretrial
479	intervention program for any offense that is not listed under
480	paragraph (6)(a) without the state attorney's recommendation and
481	approval. The committee may also include persons representing
482	any other agencies to which persons released to the pretrial
483	intervention program may be referred.
484	(7)(8)  The department may contract for the services and
485	facilities necessary to operate pretrial intervention programs.
486	Section 10.  Section 948.16, Florida Statutes, is amended
487	to read:
488	948.16  Misdemeanor pretrial substance abuse education and
489	treatment intervention program.--
490	(1)(a)  A person who is charged with a misdemeanor for
491	possession of a controlled substance or drug paraphernalia under
492	chapter 893, and who has not previously been convicted of a
493	felony nor been admitted to a pretrial program, is eligible for
494	voluntary admission into a misdemeanor pretrial substance abuse
495	education and treatment intervention program, including a
496	treatment-based drug court program established pursuant to s.
497	397.334, approved by the chief judge of the circuit, for a
498	period based on the program requirements and the treatment plan
499	for the offender, upon motion of either party or the court's own
500	motion, except, if the state attorney believes the facts and
501	circumstances of the case suggest the defendant is involved in
502	dealing and selling controlled substances, the court shall hold
503	a preadmission hearing. If the state attorney establishes, by a
504	preponderance of the evidence at such hearing, that the
505	defendant was involved in dealing or selling controlled
506	substances, the court shall deny the defendant's admission into
507	the pretrial intervention program.
508	(b)  While enrolled in a pretrial intervention program
509	authorized by this section, the participant is subject to a
510	coordinated strategy developed by a drug court team under s.
511	397.334(3). The coordinated strategy may include a protocol of
512	sanctions that may be imposed upon the participant for
513	noncompliance with program rules. The protocol of sanctions may
514	include, but is not limited to, placement in a substance abuse
515	treatment program offered by a licensed service provider as
516	defined in s. 397.311 or in a jail-based treatment program or
517	serving a period of incarceration within the time limits
518	established for contempt of court. The coordinated strategy must
519	be provided in writing to the participant before the participant
520	agrees to enter into a pretrial treatment-based drug court
521	program or other pretrial intervention program.
522	(2)  At the end of the pretrial intervention period, the
523	court shall consider the recommendation of the treatment program
524	and the recommendation of the state attorney as to disposition
525	of the pending charges. The court shall determine, by written
526	finding, whether the defendant successfully completed the
527	pretrial intervention program.
528	(a)  If the court finds that the defendant has not
529	successfully completed the pretrial intervention program, the
530	court may order the person to continue in education and
531	treatment or return the charges to the criminal docket for
532	prosecution.
533	(b)  The court shall dismiss the charges upon finding that
534	the defendant has successfully completed the pretrial
535	intervention program.
536	(3)  Any public or private entity providing a pretrial
537	substance abuse education and treatment program under this
538	section shall contract with the county or appropriate
539	governmental entity. The terms of the contract shall include,
540	but not be limited to, the requirements established for private
541	entities under s. 948.15(3).
542	Section 11.  Section 985.306, Florida Statutes, is amended
543	to read:
544	985.306  Delinquency pretrial intervention program.--
545	(1)(a)  Notwithstanding any provision of law to the
546	contrary, a child who is charged under chapter 893 with a felony
547	of the second or third degree for purchase or possession of a
548	controlled substance under chapter 893; tampering with evidence;
549	solicitation for purchase of a controlled substance; or
550	obtaining a prescription by fraud, and who has not previously
551	been adjudicated for a felony nor been admitted to a delinquency
552	pretrial intervention program under this section, is eligible
553	for voluntary admission into a delinquency pretrial substance
554	abuse education and treatment intervention program, including a
555	treatment-based drug court program established pursuant to s.
556	397.334, approved by the chief judge or alternative sanctions
557	coordinator of the circuit to the extent that funded programs
558	are available, for a period based on the program requirements
559	and the treatment services that are suitable for the offender of
560	not less than 1 year in duration, upon motion of either party or
561	the court's own motion. However, if the state attorney believes
562	that the facts and circumstances of the case suggest the child's
563	involvement in the dealing and selling of controlled substances,
564	the court shall hold a preadmission hearing. If the state
565	attorney establishes by a preponderance of the evidence at such
566	hearing that the child was involved in the dealing and selling
567	of controlled substances, the court shall deny the child's
568	admission into a delinquency pretrial intervention program.
569	(2)  While enrolled in a delinquency pretrial intervention
570	program authorized by this section, a child is subject to a
571	coordinated strategy developed by a drug court team under s.
572	397.334(3). The coordinated strategy may include a protocol of
573	sanctions that may be imposed upon the child for noncompliance
574	with program rules. The protocol of sanctions may include, but
575	is not limited to, placement in a substance abuse treatment
576	program offered by a licensed service provider as defined in s.
577	397.311 or serving a period of secure detention under this
578	chapter. The coordinated strategy must be provided in writing to
579	the child before the child agrees to enter the pretrial
580	treatment-based drug court program or other pretrial
581	intervention program.
582	(3)(b)  At the end of the delinquency pretrial intervention
583	period, the court shall consider the recommendation of the state
584	attorney and the program administrator as to disposition of the
585	pending charges. The court shall determine, by written finding,
586	whether the child has successfully completed the delinquency
587	pretrial intervention program.
588	(c)1.  If the court finds that the child has not
589	successfully completed the delinquency pretrial intervention
590	program, the court may order the child to continue in an
591	education, treatment, or urine monitoring program if resources
592	and funding are available or order that the charges revert to
593	normal channels for prosecution.
594	2.  The court may dismiss the charges upon a finding that
595	the child has successfully completed the delinquency pretrial
596	intervention program.
597	(4)(d)  Any entity, whether public or private, providing
598	pretrial substance abuse education, treatment intervention, and
599	a urine monitoring program under this section must contract with
600	the county or appropriate governmental entity, and the terms of
601	the contract must include, but need not be limited to, the
602	requirements established for private entities under s.
603	948.15(3). It is the intent of the Legislature that public or
604	private entities providing substance abuse education and
605	treatment intervention programs involve the active participation
606	of parents, schools, churches, businesses, law enforcement
607	agencies, and the department or its contract providers.
608	(2)  The chief judge in each circuit may appoint an
609	advisory committee for the delinquency pretrial intervention
610	program composed of the chief judge or designee, who shall serve
611	as chair; the state attorney, the public defender, and the
612	program administrator, or their designees; and such other
613	persons as the chair deems appropriate. The committee may also
614	include persons representing any other agencies to which
615	children released to the delinquency pretrial intervention
616	program may be referred.
617	Section 12.  This act shall take effect upon becoming a
618	law.

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