HB 0175CS

CHAMBER ACTION



1The Justice Council 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;
49providing for expungement of certain records and pleas;
50removing provisions authorizing appointment of an advisory
51committee, to conform to changes made by the act;
52providing an effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  This act may be cited as the "Robert J. Koch
57Drug Court Intervention Act."
58     Section 2.  Subsection (4) of section 39.001, Florida
59Statutes, is amended to read:
60     39.001  Purposes and intent; personnel standards and
61screening.--
62     (4)  SUBSTANCE ABUSE SERVICES.--
63     (a)  The Legislature recognizes that early referral and
64comprehensive treatment can help combat substance abuse in
65families and that treatment is cost effective.
66     (b)  The Legislature establishes the following goals for
67the state related to substance abuse treatment services in the
68dependency process:
69     1.  To ensure the safety of children.
70     2.  To prevent and remediate the consequences of substance
71abuse on families involved in protective supervision or foster
72care and reduce substance abuse, including alcohol abuse, for
73families who are at risk of being involved in protective
74supervision or foster care.
75     3.  To expedite permanency for children and reunify
76healthy, intact families, when appropriate.
77     4.  To support families in recovery.
78     (c)  The Legislature finds that children in the care of the
79state's dependency system need appropriate health care services,
80that the impact of substance abuse on health indicates the need
81for health care services to include substance abuse services to
82children and parents where appropriate, and that it is in the
83state's best interest that such children be provided the
84services they need to enable them to become and remain
85independent of state care. In order to provide these services,
86the state's dependency system must have the ability to identify
87and provide appropriate intervention and treatment for children
88with personal or family-related substance abuse problems.
89     (d)  It is the intent of the Legislature to encourage the
90use of the drug court program model established by s. 397.334
91and authorize courts to assess children and persons who have
92custody or are requesting custody of children where good cause
93is shown to identify and address substance abuse problems as the
94court deems appropriate at every stage of the dependency
95process. Participation in treatment, including a treatment-based
96drug court program, may be required by the court following
97adjudication. Participation in assessment and treatment prior to
98adjudication shall be voluntary, except as provided in s.
9939.407(16).
100     (e)  It is therefore the purpose of the Legislature to
101provide authority for the state to contract with community
102substance abuse treatment providers for the development and
103operation of specialized support and overlay services for the
104dependency system, which will be fully implemented and used
105utilized as resources permit.
106     (f)  Participation in the treatment-based drug court
107program does not divest any public or private agency of its
108responsibility for a child or adult, but is intended to enable
109these agencies to better meet their needs through shared
110responsibility and resources.
111     Section 3.  Subsection (15) of section 39.407, Florida
112Statutes, is amended, and subsection (16) is added to that
113section, to read:
114     39.407  Medical, psychiatric, and psychological examination
115and treatment of child; physical, or mental, or substance abuse
116examination of parent or person with or requesting child custody
117of child.--
118     (15)  At any time after the filing of a shelter petition or
119petition for dependency, when the mental or physical condition,
120including the blood group, of a parent, caregiver, legal
121custodian, or other person who has custody or is requesting
122custody of a child is in controversy, the court may order the
123person to submit to a physical or mental examination by a
124qualified professional. The order may be made only upon good
125cause shown and pursuant to notice and procedures as set forth
126by the Florida Rules of Juvenile Procedure.
127     (16)  At any time after a shelter petition or petition for
128dependency is filed, the court may order a person who has
129custody or is requesting custody of the child to submit to a
130substance abuse assessment or evaluation. The assessment or
131evaluation must be administered by a qualified professional, as
132defined in s. 397.311. The order may be made only upon good
133cause shown. This subsection does not authorize placement of a
134child with a person seeking custody, other than the parent or
135legal custodian, who requires substance abuse treatment.
136     Section 4.  Subsection (9) is added to section 39.507,
137Florida Statutes, to read:
138     39.507  Adjudicatory hearings; orders of adjudication.--
139     (9)  After an adjudication of dependency, or a finding of
140dependency where adjudication is withheld, the court may order a
141person who has custody or is requesting custody of the child to
142submit to a substance abuse assessment or evaluation. The
143assessment or evaluation must be administered by a qualified
144professional, as defined in s. 397.311. The court may also
145require such person to participate in and comply with treatment
146and services identified as necessary, including, when
147appropriate and available, participation in and compliance with
148a treatment-based drug court program established under s.
149397.334. In addition to supervision by the department, the
150court, including the treatment-based drug court program, may
151oversee the progress and compliance with treatment by a person
152who has custody or is requesting custody of the child. The court
153may impose appropriate available sanctions for noncompliance
154upon a person who has custody or is requesting custody of the
155child or make a finding of noncompliance for consideration in
156determining whether an alternative placement of the child is in
157the child's best interests. Any order entered under this
158subsection may be made only upon good cause shown. This
159subsection does not authorize placement of a child with a person
160seeking custody, other than the parent or legal custodian, who
161requires substance abuse treatment.
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
179person who has custody or who is requesting custody of the child
180to submit to a substance abuse assessment or evaluation. The
181assessment or evaluation must be administered by a qualified
182professional, as defined in s. 397.311. The court may also
183require such person to participate in and comply with treatment
184and 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 a person
190who has custody or is requesting custody of the child. The court
191may impose appropriate available sanctions for noncompliance
192upon a person who has custody or is requesting custody of the
193child or make a finding of noncompliance for consideration in
194determining whether an alternative placement of the child is in
195the child's best interests. Any order entered under this
196subparagraph may be made only upon good cause shown. This
197subparagraph does not authorize placement of a child with a
198person seeking custody of the child, other than the child's
199parent or legal custodian, who requires substance abuse
200treatment.
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. When neither s. 948.08(6)(a)1. nor
247s. 948.08(6)(a)2. applies, the court may order an individual to
248enter into a pretrial treatment-based drug court program only
249upon written agreement by the individual, which shall include a
250statement that the individual understands the requirements of
251the program and the potential sanctions for noncompliance.
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 review
286of the status of compliance or noncompliance of sentenced
287offenders through a treatment-based drug court program. While
288enrolled in a treatment-based drug court program, the
289participant is subject to a coordinated strategy developed by a
290drug court team under subsection (3). The coordinated strategy
291may include a protocol of sanctions that may be imposed upon the
292participant for noncompliance with program rules. The protocol
293of sanctions 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
301treatment-based drug court program.
302     (5)  Contingent upon an annual appropriation by the
303Legislature, each judicial circuit shall establish, at a
304minimum, one coordinator position for the treatment-based drug
305court program within the state courts system to coordinate the
306responsibilities of the participating agencies and service
307providers. Each coordinator shall provide direct support to the
308treatment-based drug court program by providing coordination
309between the multidisciplinary team and the judiciary, providing
310case management, monitoring compliance of the participants in
311the treatment-based drug court program with court requirements,
312and providing program evaluation and accountability.
313     (6)(4)(a)  The Florida Association of Drug Court Program
314Professionals is created. The membership of the association may
315consist of treatment-based drug court program practitioners who
316comprise the multidisciplinary treatment-based drug court
317program team, including, but not limited to, judges, state
318attorneys, defense counsel, treatment-based drug court program
319coordinators, probation officers, law enforcement officers,
320community representatives, members of the academic community,
321and treatment professionals. Membership in the association shall
322be voluntary.
323     (b)  The association shall annually elect a chair whose
324duty is to solicit recommendations from members on issues
325relating to the expansion, operation, and institutionalization
326of treatment-based drug court programs. The chair is responsible
327for providing on or before October 1 of each year the
328association's recommendations and an annual report to the
329appropriate Supreme Court Treatment-Based Drug Court Steering
330committee or to the appropriate personnel of the Office of the
331State Courts Administrator, and shall submit a report each year,
332on or before October 1, to the steering committee.
333     (7)(5)  If a county chooses to fund a treatment-based drug
334court program, the county must secure funding from sources other
335than the state for those costs not otherwise assumed by the
336state pursuant to s. 29.004. However, this does not preclude
337counties from using treatment and other service dollars provided
338through state executive branch agencies. Counties may provide,
339by interlocal agreement, for the collective funding of these
340programs.
341     (8)  The chief judge of each judicial circuit may appoint
342an advisory committee for the treatment-based drug court
343program. The committee shall be composed of the chief judge, or
344his or her designee, who shall serve as chair; the judge of the
345treatment-based drug court program, if not otherwise designated
346by the chief judge as his or her designee; the state attorney,
347or his or her designee; the public defender, or his or her
348designee; the treatment-based drug court program coordinators;
349community representatives; treatment representatives; and any
350other persons the chair finds are appropriate.
351     Section 7.  Paragraphs (b) and (e) of subsection (5) of
352section 910.035, Florida Statutes, are amended to read:
353     910.035  Transfer from county for plea and sentence.--
354     (5)  Any person eligible for participation in a drug court
355treatment program pursuant to s. 948.08(6) may be eligible to
356have the case transferred to a county other than that in which
357the charge arose if the drug court program agrees and if the
358following conditions are met:
359     (b)  If approval for transfer is received from all parties,
360the trial court shall accept a plea of nolo contendere and enter
361a transfer order directing the clerk to transfer the case to the
362county which has accepted the defendant into its drug court
363program.
364     (e)  Upon successful completion of the drug court program,
365the jurisdiction to which the case has been transferred shall
366dispose of the case pursuant to s. 948.08(6). If the defendant
367does not complete the drug court program successfully, the
368jurisdiction to which the case has been transferred shall
369dispose of the case within the guidelines of the Criminal
370Punishment Code case shall be prosecuted as determined by the
371state attorneys of the sending and receiving counties.
372     Section 8.  Subsections (6), (7), and (8) of section
373948.08, Florida Statutes, are amended to read:
374     948.08  Pretrial intervention program.--
375     (6)(a)  Notwithstanding any provision of this section, a
376person who is charged with a felony of the second or third
377degree for purchase or possession of a controlled substance
378under chapter 893, prostitution, tampering with evidence,
379solicitation for purchase of a controlled substance, or
380obtaining a prescription by fraud; who has not been charged with
381a crime involving violence, including, but not limited to,
382murder, sexual battery, robbery, carjacking, home-invasion
383robbery, or any other crime involving violence; and who has not
384previously been convicted of a felony nor been admitted to a
385felony pretrial program referred to in this section is eligible
386for voluntary admission into a pretrial substance abuse
387education and treatment intervention program, including a
388treatment-based drug court program established pursuant to s.
389397.334, approved by the chief judge of the circuit, for a
390period of not less than 1 year in duration, upon motion of
391either party or the court's own motion, except:
392     1.  If a defendant was previously offered admission to a
393pretrial substance abuse education and treatment intervention
394program at any time prior to trial and the defendant rejected
395that offer on the record, then the court or the state attorney
396may deny the defendant's admission to such a program.
397     2.  If the state attorney believes that the facts and
398circumstances of the case suggest the defendant's involvement in
399the dealing and selling of controlled substances, the court
400shall hold a preadmission hearing. If the state attorney
401establishes, by a preponderance of the evidence at such hearing,
402that the defendant was involved in the dealing or selling of
403controlled substances, the court shall deny the defendant's
404admission into a pretrial intervention program.
405     (b)  While enrolled in a pretrial intervention program
406authorized by this subsection, the participant is subject to a
407coordinated strategy developed by a drug court team under s.
408397.334(3). The coordinated strategy may include a protocol of
409sanctions that may be imposed upon the participant for
410noncompliance with program rules. The protocol of sanctions may
411include, but is not limited to, placement in a substance abuse
412treatment program offered by a licensed service provider as
413defined in s. 397.311 or in a jail-based treatment program or
414serving a period of incarceration within the time limits
415established for contempt of court. The coordinated strategy must
416be provided in writing to the participant before the participant
417agrees to enter into a pretrial treatment-based drug court
418program or other pretrial intervention program. Any person whose
419charges are dismissed after successful completion of the
420treatment-based drug court program, if otherwise eligible, may
421have his or her arrest record and plea of nolo contendere to the
422dismissed charges expunged under s. 943.0585.
423     (c)(b)  At the end of the pretrial intervention period, the
424court shall consider the recommendation of the administrator
425pursuant to subsection (5) and the recommendation of the state
426attorney as to disposition of the pending charges. The court
427shall determine, by written finding, whether the defendant has
428successfully completed the pretrial intervention program.
429     (c)1.  Notwithstanding the coordinated strategy developed
430by a drug court team pursuant to s. 397.334(3), if the court
431finds that the defendant has not successfully completed the
432pretrial intervention program, the court may order the person to
433continue in education and treatment, which may include substance
434abuse treatment programs offered by licensed service providers
435as defined in s. 397.311 or jail-based treatment programs, or
436order that the charges revert to normal channels for
437prosecution.
438     2.  The court shall dismiss the charges upon a finding that
439the defendant has successfully completed the pretrial
440intervention program.
441     (d)  Any entity, whether public or private, providing a
442pretrial substance abuse education and treatment intervention
443program under this subsection must contract with the county or
444appropriate governmental entity, and the terms of the contract
445must include, but need not be limited to, the requirements
446established for private entities under s. 948.15(3).
447     (7)  The chief judge in each circuit may appoint an
448advisory committee for the pretrial intervention program
449composed of the chief judge or his or her designee, who shall
450serve as chair; the state attorney, the public defender, and the
451program administrator, or their designees; and such other
452persons as the chair deems appropriate. The advisory committee
453may not designate any defendant eligible for a pretrial
454intervention program for any offense that is not listed under
455paragraph (6)(a) without the state attorney's recommendation and
456approval. The committee may also include persons representing
457any other agencies to which persons released to the pretrial
458intervention program may be referred.
459     (7)(8)  The department may contract for the services and
460facilities necessary to operate pretrial intervention programs.
461     Section 9.  Section 948.16, Florida Statutes, is amended to
462read:
463     948.16  Misdemeanor pretrial substance abuse education and
464treatment intervention program.--
465     (1)(a)  A person who is charged with a misdemeanor for
466possession of a controlled substance or drug paraphernalia under
467chapter 893, and who has not previously been convicted of a
468felony nor been admitted to a pretrial program, is eligible for
469voluntary admission into a misdemeanor pretrial substance abuse
470education and treatment intervention program, including a
471treatment-based drug court program established pursuant to s.
472397.334, approved by the chief judge of the circuit, for a
473period based on the program requirements and the treatment plan
474for the offender, upon motion of either party or the court's own
475motion, except, if the state attorney believes the facts and
476circumstances of the case suggest the defendant is involved in
477dealing and selling controlled substances, the court shall hold
478a preadmission hearing. If the state attorney establishes, by a
479preponderance of the evidence at such hearing, that the
480defendant was involved in dealing or selling controlled
481substances, the court shall deny the defendant's admission into
482the pretrial intervention program.
483     (b)  While enrolled in a pretrial intervention program
484authorized by this section, the participant is subject to a
485coordinated strategy developed by a drug court team under s.
486397.334(3). The coordinated strategy may include a protocol of
487sanctions that may be imposed upon the participant for
488noncompliance with program rules. The protocol of sanctions may
489include, but is not limited to, placement in a substance abuse
490treatment program offered by a licensed service provider as
491defined in s. 397.311 or in a jail-based treatment program or
492serving a period of incarceration within the time limits
493established for contempt of court. The coordinated strategy must
494be provided in writing to the participant before the participant
495agrees to enter into a pretrial treatment-based drug court
496program or other pretrial intervention program. Any person whose
497charges are dismissed after successful completion of the
498treatment-based drug court program, if otherwise eligible, may
499have his or her arrest record and plea of nolo contendere to the
500dismissed charges expunged under s. 943.0585.
501     (2)  At the end of the pretrial intervention period, the
502court shall consider the recommendation of the treatment program
503and the recommendation of the state attorney as to disposition
504of the pending charges. The court shall determine, by written
505finding, whether the defendant successfully completed the
506pretrial intervention program.
507     (a)  Notwithstanding the coordinated strategy developed by
508a drug court team pursuant to s. 397.334(3), if the court finds
509that the defendant has not successfully completed the pretrial
510intervention program, the court may order the person to continue
511in education and treatment or return the charges to the criminal
512docket for prosecution.
513     (b)  The court shall dismiss the charges upon finding that
514the defendant has successfully completed the pretrial
515intervention program.
516     (3)  Any public or private entity providing a pretrial
517substance abuse education and treatment program under this
518section shall contract with the county or appropriate
519governmental entity. The terms of the contract shall include,
520but not be limited to, the requirements established for private
521entities under s. 948.15(3).
522     Section 10.  Section 985.306, Florida Statutes, is amended
523to read:
524     985.306  Delinquency pretrial intervention program.--
525     (1)(a)  Notwithstanding any provision of law to the
526contrary, a child who is charged under chapter 893 with a felony
527of the second or third degree for purchase or possession of a
528controlled substance under chapter 893; tampering with evidence;
529solicitation for purchase of a controlled substance; or
530obtaining a prescription by fraud, and who has not previously
531been adjudicated for a felony nor been admitted to a delinquency
532pretrial intervention program under this section, is eligible
533for voluntary admission into a delinquency pretrial substance
534abuse education and treatment intervention program, including a
535treatment-based drug court program established pursuant to s.
536397.334, approved by the chief judge or alternative sanctions
537coordinator of the circuit to the extent that funded programs
538are available, for a period based on the program requirements
539and the treatment services that are suitable for the offender of
540not less than 1 year in duration, upon motion of either party or
541the court's own motion. However, if the state attorney believes
542that the facts and circumstances of the case suggest the child's
543involvement in the dealing and selling of controlled substances,
544the court shall hold a preadmission hearing. If the state
545attorney establishes by a preponderance of the evidence at such
546hearing that the child was involved in the dealing and selling
547of controlled substances, the court shall deny the child's
548admission into a delinquency pretrial intervention program.
549     (2)  While enrolled in a delinquency pretrial intervention
550program authorized by this section, a child is subject to a
551coordinated strategy developed by a drug court team under s.
552397.334(3). The coordinated strategy may include a protocol of
553sanctions that may be imposed upon the child for noncompliance
554with program rules. The protocol of sanctions may include, but
555is not limited to, placement in a substance abuse treatment
556program offered by a licensed service provider as defined in s.
557397.311 or serving a period of secure detention under this
558chapter. The coordinated strategy must be provided in writing to
559the child before the child agrees to enter the pretrial
560treatment-based drug court program or other pretrial
561intervention program. Any child whose charges are dismissed
562after successful completion of the treatment-based drug court
563program, if otherwise eligible, may have his or her arrest
564record and plea of nolo contendere to the dismissed charges
565expunged under s. 943.0585.
566     (3)(b)  At the end of the delinquency pretrial intervention
567period, the court shall consider the recommendation of the state
568attorney and the program administrator as to disposition of the
569pending charges. The court shall determine, by written finding,
570whether the child has successfully completed the delinquency
571pretrial intervention program.
572     (c)1.  Notwithstanding the coordinated strategy developed
573by a drug court team pursuant to s. 397.334(3), if the court
574finds that the child has not successfully completed the
575delinquency pretrial intervention program, the court may order
576the child to continue in an education, treatment, or urine
577monitoring program if resources and funding are available or
578order that the charges revert to normal channels for
579prosecution.
580     2.  The court may dismiss the charges upon a finding that
581the child has successfully completed the delinquency pretrial
582intervention program.
583     (4)(d)  Any entity, whether public or private, providing
584pretrial substance abuse education, treatment intervention, and
585a urine monitoring program under this section must contract with
586the county or appropriate governmental entity, and the terms of
587the contract must include, but need not be limited to, the
588requirements established for private entities under s.
589948.15(3). It is the intent of the Legislature that public or
590private entities providing substance abuse education and
591treatment intervention programs involve the active participation
592of parents, schools, churches, businesses, law enforcement
593agencies, and the department or its contract providers.
594     (2)  The chief judge in each circuit may appoint an
595advisory committee for the delinquency pretrial intervention
596program composed of the chief judge or designee, who shall serve
597as chair; the state attorney, the public defender, and the
598program administrator, or their designees; and such other
599persons as the chair deems appropriate. The committee may also
600include persons representing any other agencies to which
601children released to the delinquency pretrial intervention
602program may be referred.
603     Section 11.  This act shall take effect upon becoming a
604law.


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