HB 0175CS

CHAMBER ACTION



1The Judiciary Appropriations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to drug court programs; providing a short
7title; amending s. 39.001, F.S.; providing additional
8legislative purposes and intent with respect to the
9treatment of substance abuse, including the use of the
10drug court program model; authorizing the court to require
11certain persons to undergo treatment following
12adjudication; amending s. 39.407, F.S.; authorizing the
13court to order specified persons to submit to a substance
14abuse assessment or evaluation upon a showing of good
15cause in connection with a shelter petition or petition
16for dependency; amending ss. 39.507 and 39.521, F.S.;
17authorizing the court to order specified persons to submit
18to a substance abuse assessment as part of an adjudicatory
19order or pursuant to a disposition hearing; requiring a
20showing of good cause; authorizing the court to require
21participation in a treatment-based drug court program;
22authorizing the court to impose sanctions for
23noncompliance; amending s. 397.334, F.S.; revising
24legislative intent with respect to treatment-based drug
25court programs to reflect participation by community
26support agencies, the Department of Education, and other
27individuals; including postadjudicatory programs as part
28of treatment-based drug court programs; providing
29requirements and sanctions, including treatment by
30specified licensed service providers, jail-based
31treatment, secure detention, or incarceration, for the
32coordinated strategy developed by the drug court team to
33encourage participant compliance; requiring each judicial
34circuit to establish a position for a coordinator of the
35treatment-based drug court program, subject to annual
36appropriation by the Legislature; authorizing the chief
37judge of each judicial circuit to appoint an advisory
38committee for the treatment-based drug court program;
39providing for membership of the committee; revising
40language with respect to an annual report; amending s.
41910.035, F.S.; revising language with respect to
42conditions for the transfer of a case in the drug court
43treatment program to a county other than that in which the
44charge arose; amending ss. 948.08, 948.16, and 985.306,
45F.S., relating to felony, misdemeanor, and delinquency
46pretrial substance abuse education and treatment
47intervention programs; providing for application of the
48coordinated strategy developed by the drug court team;
49removing provisions authorizing appointment of an advisory
50committee, to conform to changes made by the act;
51providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  This act may be cited as the "Robert J. Koch
56Drug Court Intervention Act."
57     Section 2.  Subsection (4) of section 39.001, Florida
58Statutes, is amended to read:
59     39.001  Purposes and intent; personnel standards and
60screening.--
61     (4)  SUBSTANCE ABUSE SERVICES.--
62     (a)  The Legislature recognizes that early referral and
63comprehensive treatment can help combat substance abuse in
64families and that treatment is cost effective.
65     (b)  The Legislature establishes the following goals for
66the state related to substance abuse treatment services in the
67dependency process:
68     1.  To ensure the safety of children.
69     2.  To prevent and remediate the consequences of substance
70abuse on families involved in protective supervision or foster
71care and reduce substance abuse, including alcohol abuse, for
72families who are at risk of being involved in protective
73supervision or foster care.
74     3.  To expedite permanency for children and reunify
75healthy, intact families, when appropriate.
76     4.  To support families in recovery.
77     (c)  The Legislature finds that children in the care of the
78state's dependency system need appropriate health care services,
79that the impact of substance abuse on health indicates the need
80for health care services to include substance abuse services to
81children and parents where appropriate, and that it is in the
82state's best interest that such children be provided the
83services they need to enable them to become and remain
84independent of state care. In order to provide these services,
85the state's dependency system must have the ability to identify
86and provide appropriate intervention and treatment for children
87with personal or family-related substance abuse problems.
88     (d)  It is the intent of the Legislature to encourage the
89use of the drug court program model established by s. 397.334
90and authorize courts to assess children and persons who have
91custody or are requesting custody of children where good cause
92is shown to identify and address substance abuse problems as the
93court deems appropriate at every stage of the dependency
94process. Participation in treatment, including a treatment-based
95drug court program, may be required by the court following
96adjudication. Participation in assessment and treatment prior to
97adjudication shall be voluntary, except as provided in s.
9839.407(16).
99     (e)  It is therefore the purpose of the Legislature to
100provide authority for the state to contract with community
101substance abuse treatment providers for the development and
102operation of specialized support and overlay services for the
103dependency system, which will be fully implemented and used
104utilized as resources permit.
105     (f)  Participation in the treatment-based drug court
106program does not divest any public or private agency of its
107responsibility for a child or adult, but is intended to enable
108these agencies to better meet their needs through shared
109responsibility and resources.
110     Section 3.  Subsection (15) of section 39.407, Florida
111Statutes, is amended, and subsection (16) is added to that
112section, to read:
113     39.407  Medical, psychiatric, and psychological examination
114and treatment of child; physical, or mental, or substance abuse
115examination of parent or person with or requesting child custody
116of child.--
117     (15)  At any time after the filing of a shelter petition or
118petition for dependency, when the mental or physical condition,
119including the blood group, of a parent, caregiver, legal
120custodian, or other person who has custody or is requesting
121custody of a child is in controversy, the court may order the
122person to submit to a physical or mental examination by a
123qualified professional. The order may be made only upon good
124cause shown and pursuant to notice and procedures as set forth
125by the Florida Rules of Juvenile Procedure.
126     (16)  At any time after a shelter petition or petition for
127dependency is filed, the court may order a child or a person who
128has custody or is requesting custody of the child to submit to a
129substance abuse assessment or evaluation. The assessment or
130evaluation must be administered by a qualified professional, as
131defined in s. 397.311. The order may be made only upon good
132cause shown. This subsection does not authorize placement of a
133child with a person seeking custody, other than the parent or
134legal custodian, who requires substance abuse treatment.
135     Section 4.  Subsection (9) is added to section 39.507,
136Florida Statutes, to read:
137     39.507  Adjudicatory hearings; orders of adjudication.--
138     (9)  After an adjudication of dependency, or a finding of
139dependency where adjudication is withheld, the court may order a
140child or a person who has custody or is requesting custody of
141the child to submit to a substance abuse assessment or
142evaluation. The assessment or evaluation must be administered by
143a qualified professional, as defined in s. 397.311. The court
144may also require such person to participate in and comply with
145treatment and services identified as necessary, including, when
146appropriate and available, participation in and compliance with
147a treatment-based drug court program established under s.
148397.334. In addition to supervision by the department, the
149court, including the treatment-based drug court program, may
150oversee the progress and compliance with treatment by the child
151or a person who has custody or is requesting custody of the
152child. The court may impose appropriate available sanctions for
153noncompliance upon the child or a person who has custody or is
154requesting custody of the child or make a finding of
155noncompliance for consideration in determining whether an
156alternative placement of the child is in the child's best
157interests. Any order entered under this subsection may be made
158only upon good cause shown. This subsection does not authorize
159placement of a child with a person seeking custody, other than
160the parent or legal custodian, who requires substance abuse
161treatment.
162     Section 5.  Paragraph (b) of subsection (1) of section
16339.521, Florida Statutes, is amended to read:
164     39.521  Disposition hearings; powers of disposition.--
165     (1)  A disposition hearing shall be conducted by the court,
166if the court finds that the facts alleged in the petition for
167dependency were proven in the adjudicatory hearing, or if the
168parents or legal custodians have consented to the finding of
169dependency or admitted the allegations in the petition, have
170failed to appear for the arraignment hearing after proper
171notice, or have not been located despite a diligent search
172having been conducted.
173     (b)  When any child is adjudicated by a court to be
174dependent, the court having jurisdiction of the child has the
175power by order to:
176     1.  Require the parent and, when appropriate, the legal
177custodian and the child, to participate in treatment and
178services identified as necessary. The court may require the
179child or the person who has custody or who is requesting custody
180of the child to submit to a substance abuse assessment or
181evaluation. The assessment or evaluation must be administered by
182a qualified professional, as defined in s. 397.311. The court
183may also require such person to participate in and comply with
184treatment and services identified as necessary, including, when
185appropriate and available, participation in and compliance with
186a treatment-based drug court program established under s.
187397.334. In addition to supervision by the department, the
188court, including the treatment-based drug court program, may
189oversee the progress and compliance with treatment by the child
190or a person who has custody or is requesting custody of the
191child. The court may impose appropriate available sanctions for
192noncompliance upon the child or a person who has custody or is
193requesting custody of the child or make a finding of
194noncompliance for consideration in determining whether an
195alternative placement of the child is in the child's best
196interests. Any order entered under this subparagraph may be made
197only upon good cause shown. This subparagraph does not authorize
198placement of a child with a person seeking custody of the child,
199other than the child's parent or legal custodian, who requires
200substance abuse treatment.
201     2.  Require, if the court deems necessary, the parties to
202participate in dependency mediation.
203     3.  Require placement of the child either under the
204protective supervision of an authorized agent of the department
205in the home of one or both of the child's parents or in the home
206of a relative of the child or another adult approved by the
207court, or in the custody of the department. Protective
208supervision continues until the court terminates it or until the
209child reaches the age of 18, whichever date is first. Protective
210supervision shall be terminated by the court whenever the court
211determines that permanency has been achieved for the child,
212whether with a parent, another relative, or a legal custodian,
213and that protective supervision is no longer needed. The
214termination of supervision may be with or without retaining
215jurisdiction, at the court's discretion, and shall in either
216case be considered a permanency option for the child. The order
217terminating supervision by the department shall set forth the
218powers of the custodian of the child and shall include the
219powers ordinarily granted to a guardian of the person of a minor
220unless otherwise specified. Upon the court's termination of
221supervision by the department, no further judicial reviews are
222required, so long as permanency has been established for the
223child.
224     Section 6.  Section 397.334, Florida Statutes, is amended
225to read:
226     397.334  Treatment-based drug court programs.--
227     (1)  Each county may fund a treatment-based drug court
228program under which persons in the justice system assessed with
229a substance abuse problem will be processed in such a manner as
230to appropriately address the severity of the identified
231substance abuse problem through treatment services plans
232tailored to the individual needs of the participant. It is the
233intent of the Legislature to encourage the Department of
234Corrections, the Department of Children and Family Services, the
235Department of Juvenile Justice, the Department of Health, the
236Department of Law Enforcement, the Department of Education, and
237such other agencies, local governments, law enforcement
238agencies, and other interested public or private sources, and
239individuals to support the creation and establishment of these
240problem-solving court programs. Participation in the treatment-
241based drug court programs does not divest any public or private
242agency of its responsibility for a child or adult, but enables
243allows these agencies to better meet their needs through shared
244responsibility and resources.
245     (2)  Entry into any pretrial treatment-based drug court
246program shall be voluntary. The court may only order an
247individual to enter into a pretrial treatment-based drug court
248program upon written agreement by the individual, which shall
249include a statement that the individual understands the
250requirements of the program and the potential sanctions for
251noncompliance.
252     (3)(2)  The treatment-based drug court programs shall
253include therapeutic jurisprudence principles and adhere to the
254following 10 key components, recognized by the Drug Courts
255Program Office of the Office of Justice Programs of the United
256States Department of Justice and adopted by the Florida Supreme
257Court Treatment-Based Drug Court Steering Committee:
258     (a)  Drug court programs integrate alcohol and other drug
259treatment services with justice system case processing.
260     (b)  Using a nonadversarial approach, prosecution and
261defense counsel promote public safety while protecting
262participants' due process rights.
263     (c)  Eligible participants are identified early and
264promptly placed in the drug court program.
265     (d)  Drug court programs provide access to a continuum of
266alcohol, drug, and other related treatment and rehabilitation
267services.
268     (e)  Abstinence is monitored by frequent testing for
269alcohol and other drugs.
270     (f)  A coordinated strategy governs drug court program
271responses to participants' compliance.
272     (g)  Ongoing judicial interaction with each drug court
273program participant is essential.
274     (h)  Monitoring and evaluation measure the achievement of
275program goals and gauge program effectiveness.
276     (i)  Continuing interdisciplinary education promotes
277effective drug court program planning, implementation, and
278operations.
279     (j)  Forging partnerships among drug court programs, public
280agencies, and community-based organizations generates local
281support and enhances drug court program effectiveness.
282     (4)(3)  Treatment-based drug court programs may include
283pretrial intervention programs as provided in ss. 948.08,
284948.16, and 985.306, treatment-based drug court programs
285authorized in chapter 39, postadjudicatory programs, and the
286monitoring of sentenced offenders through a treatment-based drug
287court program. While enrolled in any treatment-based drug court
288program, the participant is subject to a coordinated strategy
289developed by the drug court team under paragraph (3)(f). Each
290coordinated strategy may include a protocol of sanctions that
291may be imposed upon the participant for noncompliance with
292program rules. The protocol of sanctions for treatment-based
293programs may include, but is not limited to, placement in a
294substance abuse treatment program offered by a licensed service
295provider as defined in s. 397.311 or in a jail-based treatment
296program or serving a period of secure detention under chapter
297985 if a child or a period of incarceration within the time
298limits established for contempt of court if an adult. The
299coordinated strategy must be provided in writing to the
300participant before the participant agrees to enter into a
301pretrial treatment-based drug court program. Any person whose
302charges are dismissed after successful completion of the
303treatment-based drug court program, if otherwise eligible, may
304have his or her arrest record and plea of nolo contendere to the
305dismissed charges expunged under s. 943.0585.
306     (5)  Contingent upon an annual appropriation by the
307Legislature, each judicial circuit shall establish, at a
308minimum, one coordinator position for the treatment-based drug
309court program within the state courts system to coordinate the
310responsibilities of the participating agencies and service
311providers. Each coordinator shall provide direct support to the
312treatment-based drug court program by providing coordination
313between the multidisciplinary team and the judiciary, providing
314case management, monitoring compliance of the participants in
315the treatment-based drug court program with court requirements,
316and providing program evaluation and accountability.
317     (6)(4)(a)  The Florida Association of Drug Court Program
318Professionals is created. The membership of the association may
319consist of treatment-based drug court program practitioners who
320comprise the multidisciplinary treatment-based drug court
321program team, including, but not limited to, judges, state
322attorneys, defense counsel, treatment-based drug court program
323coordinators, probation officers, law enforcement officers,
324community representatives, members of the academic community,
325and treatment professionals. Membership in the association shall
326be voluntary.
327     (b)  The association shall annually elect a chair whose
328duty is to solicit recommendations from members on issues
329relating to the expansion, operation, and institutionalization
330of treatment-based drug court programs. The chair is responsible
331for providing on or before October 1 of each year the
332association's recommendations and an annual report to the
333appropriate Supreme Court Treatment-Based Drug Court Steering
334committee or to the appropriate personnel of the Office of the
335State Courts Administrator, and shall submit a report each year,
336on or before October 1, to the steering committee.
337     (7)(5)  If a county chooses to fund a treatment-based drug
338court program, the county must secure funding from sources other
339than the state for those costs not otherwise assumed by the
340state pursuant to s. 29.004. However, this does not preclude
341counties from using treatment and other service dollars provided
342through state executive branch agencies. Counties may provide,
343by interlocal agreement, for the collective funding of these
344programs.
345     (8)  The chief judge of each judicial circuit may appoint
346an advisory committee for the treatment-based drug court
347program. The committee shall be composed of the chief judge, or
348his or her designee, who shall serve as chair; the judge of the
349treatment-based drug court program, if not otherwise designated
350by the chief judge as his or her designee; the state attorney,
351or his or her designee; the public defender, or his or her
352designee; the treatment-based drug court program coordinators;
353community representatives; treatment representatives; and any
354other persons the chair finds are appropriate.
355     Section 7.  Paragraphs (b) and (e) of subsection (5) of
356section 910.035, Florida Statutes, are amended to read:
357     910.035  Transfer from county for plea and sentence.--
358     (5)  Any person eligible for participation in a drug court
359treatment program pursuant to s. 948.08(6) may be eligible to
360have the case transferred to a county other than that in which
361the charge arose if the drug court program agrees and if the
362following conditions are met:
363     (b)  If approval for transfer is received from all parties,
364the trial court shall accept a plea of nolo contendere and enter
365a transfer order directing the clerk to transfer the case to the
366county which has accepted the defendant into its drug court
367program.
368     (e)  Upon successful completion of the drug court program,
369the jurisdiction to which the case has been transferred shall
370dispose of the case pursuant to s. 948.08(6). If the defendant
371does not complete the drug court program successfully, the
372jurisdiction to which the case has been transferred shall
373dispose of the case within the guidelines of the Criminal
374Punishment Code case shall be prosecuted as determined by the
375state attorneys of the sending and receiving counties.
376     Section 8.  Subsections (6), (7), and (8) of section
377948.08, Florida Statutes, are amended to read:
378     948.08  Pretrial intervention program.--
379     (6)(a)  Notwithstanding any provision of this section, a
380person who is charged with a felony of the second or third
381degree for purchase or possession of a controlled substance
382under chapter 893, prostitution, tampering with evidence,
383solicitation for purchase of a controlled substance, or
384obtaining a prescription by fraud; who has not been charged with
385a crime involving violence, including, but not limited to,
386murder, sexual battery, robbery, carjacking, home-invasion
387robbery, or any other crime involving violence; and who has not
388previously been convicted of a felony nor been admitted to a
389felony pretrial program referred to in this section is eligible
390for voluntary admission into a pretrial substance abuse
391education and treatment intervention program, including a
392treatment-based drug court program established pursuant to s.
393397.334, approved by the chief judge of the circuit, for a
394period of not less than 1 year in duration, upon motion of
395either party or the court's own motion, except:
396     1.  If a defendant was previously offered admission to a
397pretrial substance abuse education and treatment intervention
398program at any time prior to trial and the defendant rejected
399that offer on the record, then the court, upon motion of or the
400state attorney, may deny the defendant's admission to such a
401program.
402     2.  if the state attorney believes that the facts and
403circumstances of the case suggest the defendant's involvement in
404the dealing and selling of controlled substances, the court
405shall hold a preadmission hearing. If the state attorney
406establishes, by a preponderance of the evidence at such hearing,
407that the defendant was involved in the dealing or selling of
408controlled substances, the court shall deny the defendant's
409admission into a pretrial intervention program.
410     (b)  While enrolled in a pretrial intervention program
411authorized by this subsection, the participant is subject to a
412coordinated strategy developed by a drug court team under s.
413397.334(3). The coordinated strategy may include a protocol of
414sanctions that may be imposed upon the participant for
415noncompliance with program rules. The protocol of sanctions may
416include, but is not limited to, placement in a substance abuse
417treatment program offered by a licensed service provider as
418defined in s. 397.311 or in a jail-based treatment program or
419serving a period of incarceration within the time limits
420established for contempt of court. The coordinated strategy must
421be provided in writing to the participant before the participant
422agrees to enter into a pretrial treatment-based drug court
423program or other pretrial intervention program.
424     (c)(b)  At the end of the pretrial intervention period, the
425court shall consider the recommendation of the administrator
426pursuant to subsection (5) and the recommendation of the state
427attorney as to disposition of the pending charges. The court
428shall determine, by written finding, whether the defendant has
429successfully completed the pretrial intervention program.
430     (c)1.  If the court finds that the defendant has not
431successfully completed the pretrial intervention program, the
432court may order the person to continue in education and
433treatment, which may include substance abuse treatment programs
434offered by licensed service providers as defined in s. 397.311
435or jail-based treatment programs, or order that the charges
436revert to normal channels for prosecution.
437     2.  The court shall dismiss the charges upon a finding that
438the defendant has successfully completed the pretrial
439intervention program.
440     (d)  Any entity, whether public or private, providing a
441pretrial substance abuse education and treatment intervention
442program under this subsection must contract with the county or
443appropriate governmental entity, and the terms of the contract
444must include, but need not be limited to, the requirements
445established for private entities under s. 948.15(3).
446     (7)  The chief judge in each circuit may appoint an
447advisory committee for the pretrial intervention program
448composed of the chief judge or his or her designee, who shall
449serve as chair; the state attorney, the public defender, and the
450program administrator, or their designees; and such other
451persons as the chair deems appropriate. The advisory committee
452may not designate any defendant eligible for a pretrial
453intervention program for any offense that is not listed under
454paragraph (6)(a) without the state attorney's recommendation and
455approval. The committee may also include persons representing
456any other agencies to which persons released to the pretrial
457intervention program may be referred.
458     (7)(8)  The department may contract for the services and
459facilities necessary to operate pretrial intervention programs.
460     Section 9.  Section 948.16, Florida Statutes, is amended to
461read:
462     948.16  Misdemeanor pretrial substance abuse education and
463treatment intervention program.--
464     (1)(a)  A person who is charged with a misdemeanor for
465possession of a controlled substance or drug paraphernalia under
466chapter 893, and who has not previously been convicted of a
467felony nor been admitted to a pretrial program, is eligible for
468voluntary admission into a misdemeanor pretrial substance abuse
469education and treatment intervention program, including a
470treatment-based drug court program established pursuant to s.
471397.334, approved by the chief judge of the circuit, for a
472period based on the program requirements and the treatment plan
473for the offender, upon motion of either party or the court's own
474motion, except, if the state attorney believes the facts and
475circumstances of the case suggest the defendant is involved in
476dealing and selling controlled substances, the court shall hold
477a preadmission hearing. If the state attorney establishes, by a
478preponderance of the evidence at such hearing, that the
479defendant was involved in dealing or selling controlled
480substances, the court shall deny the defendant's admission into
481the pretrial intervention program.
482     (b)  While enrolled in a pretrial intervention program
483authorized by this section, the participant is subject to a
484coordinated strategy developed by a drug court team under s.
485397.334(3). The coordinated strategy may include a protocol of
486sanctions that may be imposed upon the participant for
487noncompliance with program rules. The protocol of sanctions may
488include, but is not limited to, placement in a substance abuse
489treatment program offered by a licensed service provider as
490defined in s. 397.311 or in a jail-based treatment program or
491serving a period of incarceration within the time limits
492established for contempt of court. The coordinated strategy must
493be provided in writing to the participant before the participant
494agrees to enter into a pretrial treatment-based drug court
495program or other pretrial intervention program.
496     (2)  At the end of the pretrial intervention period, the
497court shall consider the recommendation of the treatment program
498and the recommendation of the state attorney as to disposition
499of the pending charges. The court shall determine, by written
500finding, whether the defendant successfully completed the
501pretrial intervention program.
502     (a)  If the court finds that the defendant has not
503successfully completed the pretrial intervention program, the
504court may order the person to continue in education and
505treatment or return the charges to the criminal docket for
506prosecution.
507     (b)  The court shall dismiss the charges upon finding that
508the defendant has successfully completed the pretrial
509intervention program.
510     (3)  Any public or private entity providing a pretrial
511substance abuse education and treatment program under this
512section shall contract with the county or appropriate
513governmental entity. The terms of the contract shall include,
514but not be limited to, the requirements established for private
515entities under s. 948.15(3).
516     Section 10.  Section 985.306, Florida Statutes, is amended
517to read:
518     985.306  Delinquency pretrial intervention program.--
519     (1)(a)  Notwithstanding any provision of law to the
520contrary, a child who is charged under chapter 893 with a felony
521of the second or third degree for purchase or possession of a
522controlled substance under chapter 893; tampering with evidence;
523solicitation for purchase of a controlled substance; or
524obtaining a prescription by fraud, and who has not previously
525been adjudicated for a felony nor been admitted to a delinquency
526pretrial intervention program under this section, is eligible
527for voluntary admission into a delinquency pretrial substance
528abuse education and treatment intervention program, including a
529treatment-based drug court program established pursuant to s.
530397.334, approved by the chief judge or alternative sanctions
531coordinator of the circuit to the extent that funded programs
532are available, for a period based on the program requirements
533and the treatment services that are suitable for the offender of
534not less than 1 year in duration, upon motion of either party or
535the court's own motion. However, if the state attorney believes
536that the facts and circumstances of the case suggest the child's
537involvement in the dealing and selling of controlled substances,
538the court shall hold a preadmission hearing. If the state
539attorney establishes by a preponderance of the evidence at such
540hearing that the child was involved in the dealing and selling
541of controlled substances, the court shall deny the child's
542admission into a delinquency pretrial intervention program.
543     (2)  While enrolled in a delinquency pretrial intervention
544program authorized by this section, a child is subject to a
545coordinated strategy developed by a drug court team under s.
546397.334(3). The coordinated strategy may include a protocol of
547sanctions that may be imposed upon the child for noncompliance
548with program rules. The protocol of sanctions may include, but
549is not limited to, placement in a substance abuse treatment
550program offered by a licensed service provider as defined in s.
551397.311 or serving a period of secure detention under this
552chapter. The coordinated strategy must be provided in writing to
553the child before the child agrees to enter the pretrial
554treatment-based drug court program or other pretrial
555intervention program.
556     (3)(b)  At the end of the delinquency pretrial intervention
557period, the court shall consider the recommendation of the state
558attorney and the program administrator as to disposition of the
559pending charges. The court shall determine, by written finding,
560whether the child has successfully completed the delinquency
561pretrial intervention program.
562     (c)1.  If the court finds that the child has not
563successfully completed the delinquency pretrial intervention
564program, the court may order the child to continue in an
565education, treatment, or urine monitoring program if resources
566and funding are available or order that the charges revert to
567normal channels for prosecution.
568     2.  The court may dismiss the charges upon a finding that
569the child has successfully completed the delinquency pretrial
570intervention program.
571     (4)(d)  Any entity, whether public or private, providing
572pretrial substance abuse education, treatment intervention, and
573a urine monitoring program under this section must contract with
574the county or appropriate governmental entity, and the terms of
575the contract must include, but need not be limited to, the
576requirements established for private entities under s.
577948.15(3). It is the intent of the Legislature that public or
578private entities providing substance abuse education and
579treatment intervention programs involve the active participation
580of parents, schools, churches, businesses, law enforcement
581agencies, and the department or its contract providers.
582     (2)  The chief judge in each circuit may appoint an
583advisory committee for the delinquency pretrial intervention
584program composed of the chief judge or designee, who shall serve
585as chair; the state attorney, the public defender, and the
586program administrator, or their designees; and such other
587persons as the chair deems appropriate. The committee may also
588include persons representing any other agencies to which
589children released to the delinquency pretrial intervention
590program may be referred.
591     Section 11.  This act shall take effect upon becoming a
592law.


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