CS/HB 7139

1
A bill to be entitled
2An act relating to drug court programs; amending s.
3397.334, F.S.; specifying criteria that a court must
4consider before sentencing a person to a postadjudicatory
5treatment-based drug court program; requiring the judge
6presiding over a program to hear and dispose of violations
7of probation or community control by program participants;
8conforming a cross-reference; requiring circuit courts to
9report certain data relating to drug court programs to the
10Office of the State Courts Administrator; amending s.
11921.0026, F.S.; specifying that a nonviolent felony
12offense is a mitigating circumstance justifying a
13departure from a sentence under certain circumstances;
14amending s. 948.01, F.S.; authorizing a court to place
15certain nonviolent felony offenders who are on probation
16or community control into a postadjudicatory treatment-
17based drug court program under certain circumstances;
18amending s. 948.06, F.S.; authorizing a court to place
19certain nonviolent felony offenders who violate their
20probation or community control into a postadjudicatory
21treatment-based drug court program under certain
22circumstances; providing for jurisdiction over such
23offenders; amending s. 948.08, F.S.; defining the term
24"nonviolent felony"; authorizing a court to place certain
25nonviolent felony offenders into a pretrial substance
26abuse education and treatment intervention program;
27conforming cross-references; amending s. 948.16, F.S.;
28conforming cross-references; amending s. 948.20, F.S.;
29authorizing courts to place certain chronic substance
30abusers who are nonviolent felony offenders into a
31postadjudicatory treatment-based drug court program under
32certain circumstances; amending s. 985.345, F.S.;
33conforming cross-references; requiring the Office of
34Program Policy Analysis and Government Accountability to
35evaluate certain drug court programs and submit a report
36to the Legislature; providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsections (3) through (8) of section 397.334,
41Florida Statutes, are renumbered as subsections (4) through (9),
42respectively, present subsections (4) and (5) of that section
43are amended, and a new subsection (3) is added to that section,
44to read:
45     397.334  Treatment-based drug court programs.--
46     (3)(a)  Entry into any postadjudicatory treatment-based
47drug court program as a condition of probation or community
48control, pursuant to s. 948.01, shall be based upon the
49sentencing court's assessment of the defendant's criminal
50history, substance abuse screening outcome, and amenability to
51the services of the program; the total sentence points; and the
52defendant's agreement to enter the program.
53     (b)  A probationer who is sentenced to a postadjudicatory
54treatment-based drug court program and who, while a drug court
55participant, is the subject of a violation of probation or
56community control under s. 948.06 based solely upon a failed or
57suspect substance abuse test administered pursuant to s. 948.01
58or s. 948.03 shall have the violation of probation or community
59control heard by the judge presiding over the postadjudicatory
60drug court program. The judge shall dispose of any such
61violation, after a hearing on or admission of the violation, as
62he or she deems appropriate provided that the resulting sentence
63or conditions are lawful.
64     (5)(4)  Treatment-based drug court programs may include
65pretrial intervention programs as provided in ss. 948.08,
66948.16, and 985.345, treatment-based drug court programs
67authorized in chapter 39, postadjudicatory programs, and review
68of the status of compliance or noncompliance of sentenced
69offenders through a treatment-based drug court program. While
70enrolled in a treatment-based drug court program, the
71participant is subject to a coordinated strategy developed by a
72drug court team under subsection (4) (3). The coordinated
73strategy may include a protocol of sanctions that may be imposed
74upon the participant for noncompliance with program rules. The
75protocol of sanctions may include, but is not limited to,
76placement in a substance abuse treatment program offered by a
77licensed service provider as defined in s. 397.311 or in a jail-
78based treatment program or serving a period of secure detention
79under chapter 985 if a child or a period of incarceration within
80the time limits established for contempt of court if an adult.
81The coordinated strategy must be provided in writing to the
82participant before the participant agrees to enter into a
83treatment-based drug court program.
84     (6)(a)(5)  Contingent upon an annual appropriation by the
85Legislature, each judicial circuit shall establish, at a
86minimum, one coordinator position for the treatment-based drug
87court program within the state courts system to coordinate the
88responsibilities of the participating agencies and service
89providers. Each coordinator shall provide direct support to the
90treatment-based drug court program by providing coordination
91between the multidisciplinary team and the judiciary, providing
92case management, monitoring compliance of the participants in
93the treatment-based drug court program with court requirements,
94and providing program evaluation and accountability.
95     (b)  Each judicial circuit shall annually report sufficient
96client-level and programmatic data for pretrial and
97postadjudicatory treatment-based drug court programs to the
98Office of State Courts Administrator for purposes of program
99evaluation. Client-level data includes primary offenses that
100resulted in drug court referral or sentence, treatment
101compliance, completion status and reasons for failure to
102complete, offenses committed during treatment and sanctions
103imposed, frequency of court appearances, and units of service.
104Programmatic data includes referral and screening procedures,
105eligibility criteria, type and duration of treatment offered,
106and residential treatment resources.
107     Section 2.  Paragraph (m) is added to subsection (2) of
108section 921.0026, Florida Statutes, and subsection (3) of that
109section is amended, to read:
110     921.0026  Mitigating circumstances.--This section applies
111to any felony offense, except any capital felony, committed on
112or after October 1, 1998.
113     (2)  Mitigating circumstances under which a departure from
114the lowest permissible sentence is reasonably justified include,
115but are not limited to:
116     (m)  The defendant's offense is a nonviolent felony, the
117defendant's total sentence points under s. 921.0024 are 52
118points or fewer after including points for the violation, and
119the court determines that the defendant is amenable to the
120services of a postadjudicatory treatment-based drug court
121program and is otherwise qualified to participate in the program
122as part of the sentence. For purposes of this paragraph, the
123term "nonviolent felony" has the same meaning as provided in s.
124948.08(6).
125     (3)  Except as provided in paragraph (2)(m), the
126defendant's substance abuse or addiction, including intoxication
127at the time of the offense, is not a mitigating factor under
128subsection (2) and does not, under any circumstances, justify a
129downward departure from the permissible sentencing range.
130     Section 3.  Subsection (7) is added to section 948.01,
131Florida Statutes, to read:
132     948.01  When court may place defendant on probation or into
133community control.--
134     (7)(a)  The sentencing court may place the defendant into a
135postadjudicatory treatment-based drug court program if the total
136sentence points under s. 921.0024 are 52 points or fewer and the
137defendant is a nonviolent felony offender, is amenable to
138substance abuse treatment, and otherwise qualifies under s.
139397.334(3). The satisfactory completion of the program shall be
140a condition of the defendant's probation or community control.
141For purposes of this subsection, the term "nonviolent felony"
142has the same meaning as provided in s. 948.08(6).
143     (b)  The defendant must be fully advised of the purpose of
144the postadjudicatory treatment-based drug court program and must
145agree to enter the program. The original sentencing court shall
146relinquish jurisdiction over the defendant's case to the program
147until the defendant is no longer active in the program, the case
148is returned to the sentencing court due to the defendant's
149termination from the program, or the defendant's sentence is
150completed.
151     Section 4.  Paragraph (i) is added to subsection (2) of
152section 948.06, Florida Statutes, to read:
153     948.06  Violation of probation or community control;
154revocation; modification; continuance; failure to pay
155restitution or cost of supervision.--
156     (2)
157     (i)1.  The court may order the offender to successfully
158complete a postadjudicatory treatment-based drug court program
159if:
160     a.  The court finds or the offender admits that the
161offender has violated his or her community control or probation
162and the violation was due only to a failed or suspect substance
163abuse test;
164     b.  The offender's total sentence points under s. 921.0024
165are 52 points or fewer after including points for the violation;
166     c.  The underlying offense is a nonviolent felony. For
167purposes of this paragraph, the term "nonviolent felony" has the
168same meaning as provided in s. 948.08(6);
169     d.  The court determines that the offender is amenable to
170the services of a postadjudicatory treatment-based drug court
171program;
172     e.  The court has explained the purpose of the program to
173the offender and the offender has agreed to participate; and
174     f.  The offender is otherwise qualified to participate in
175the program under s. 397.334(3).
176     2.  After the court orders the modification of community
177control or probation, the original sentencing court shall
178relinquish jurisdiction over the offender's case to the
179postadjudicatory treatment-based drug court program until the
180offender no longer remains active in the program, the case is
181returned to the sentencing court due to the offender's
182termination from the program, or the offender's sentence is
183completed.
184     Section 5.  Paragraphs (a), (b), and (c) of subsection (6)
185of section 948.08, Florida Statutes, are amended to read:
186     948.08  Pretrial intervention program.--
187     (6)(a)  For purposes of this subsection, the term
188"nonviolent felony" means a third-degree felony violation of
189chapter 810 or any other felony offense that is not a forcible
190felony as defined in s. 776.08. Notwithstanding any provision of
191this section, a person who is charged with a nonviolent felony
192and is identified as having a substance abuse problem or is
193charged with a felony of the second or third degree for purchase
194or possession of a controlled substance under chapter 893,
195prostitution, tampering with evidence, solicitation for purchase
196of a controlled substance, or obtaining a prescription by fraud;
197who has not been charged with a crime involving violence,
198including, but not limited to, murder, sexual battery, robbery,
199carjacking, home-invasion robbery, or any other crime involving
200violence; and who has not previously been convicted of a felony
201nor been admitted to a felony pretrial program referred to in
202this section is eligible for voluntary admission into a pretrial
203substance abuse education and treatment intervention program,
204including a treatment-based drug court program established
205pursuant to s. 397.334, approved by the chief judge of the
206circuit, for a period of not less than 1 year in duration, upon
207motion of either party or the court's own motion, except:
208     1.  If a defendant was previously offered admission to a
209pretrial substance abuse education and treatment intervention
210program at any time prior to trial and the defendant rejected
211that offer on the record, then the court or the state attorney
212may deny the defendant's admission to such a program.
213     2.  If the state attorney believes that the facts and
214circumstances of the case suggest the defendant's involvement in
215the dealing and selling of controlled substances, the court
216shall hold a preadmission hearing. If the state attorney
217establishes, by a preponderance of the evidence at such hearing,
218that the defendant was involved in the dealing or selling of
219controlled substances, the court shall deny the defendant's
220admission into a pretrial intervention program.
221     (b)  While enrolled in a pretrial intervention program
222authorized by this subsection, the participant is subject to a
223coordinated strategy developed by a drug court team under s.
224397.334(4)(3). The coordinated strategy may include a protocol
225of sanctions that may be imposed upon the participant for
226noncompliance with program rules. The protocol of sanctions may
227include, but is not limited to, placement in a substance abuse
228treatment program offered by a licensed service provider as
229defined in s. 397.311 or in a jail-based treatment program or
230serving a period of incarceration within the time limits
231established for contempt of court. The coordinated strategy must
232be provided in writing to the participant before the participant
233agrees to enter into a pretrial treatment-based drug court
234program or other pretrial intervention program. Any person whose
235charges are dismissed after successful completion of the
236treatment-based drug court program, if otherwise eligible, may
237have his or her arrest record and plea of nolo contendere to the
238dismissed charges expunged under s. 943.0585.
239     (c)  At the end of the pretrial intervention period, the
240court shall consider the recommendation of the administrator
241pursuant to subsection (5) and the recommendation of the state
242attorney as to disposition of the pending charges. The court
243shall determine, by written finding, whether the defendant has
244successfully completed the pretrial intervention program.
245Notwithstanding the coordinated strategy developed by a drug
246court team pursuant to s. 397.334(4)(3), if the court finds that
247the defendant has not successfully completed the pretrial
248intervention program, the court may order the person to continue
249in education and treatment, which may include substance abuse
250treatment programs offered by licensed service providers as
251defined in s. 397.311 or jail-based treatment programs, or order
252that the charges revert to normal channels for prosecution. The
253court shall dismiss the charges upon a finding that the
254defendant has successfully completed the pretrial intervention
255program.
256     Section 6.  Paragraph (b) of subsection (1) and subsection
257(2) of section 948.16, Florida Statutes, are amended to read:
258     948.16  Misdemeanor pretrial substance abuse education and
259treatment intervention program.--
260     (1)
261     (b)  While enrolled in a pretrial intervention program
262authorized by this section, the participant is subject to a
263coordinated strategy developed by a drug court team under s.
264397.334(4)(3). The coordinated strategy may include a protocol
265of sanctions that may be imposed upon the participant for
266noncompliance with program rules. The protocol of sanctions may
267include, but is not limited to, placement in a substance abuse
268treatment program offered by a licensed service provider as
269defined in s. 397.311 or in a jail-based treatment program or
270serving a period of incarceration within the time limits
271established for contempt of court. The coordinated strategy must
272be provided in writing to the participant before the participant
273agrees to enter into a pretrial treatment-based drug court
274program or other pretrial intervention program. Any person whose
275charges are dismissed after successful completion of the
276treatment-based drug court program, if otherwise eligible, may
277have his or her arrest record and plea of nolo contendere to the
278dismissed charges expunged under s. 943.0585.
279     (2)  At the end of the pretrial intervention period, the
280court shall consider the recommendation of the treatment program
281and the recommendation of the state attorney as to disposition
282of the pending charges. The court shall determine, by written
283finding, whether the defendant successfully completed the
284pretrial intervention program. Notwithstanding the coordinated
285strategy developed by a drug court team pursuant to s.
286397.334(4)(3), if the court finds that the defendant has not
287successfully completed the pretrial intervention program, the
288court may order the person to continue in education and
289treatment or return the charges to the criminal docket for
290prosecution. The court shall dismiss the charges upon finding
291that the defendant has successfully completed the pretrial
292intervention program.
293     Section 7.  Section 948.20, Florida Statutes, is amended to
294read:
295     948.20  Drug offender probation.--If it appears to the
296court upon a hearing that the defendant is a chronic substance
297abuser whose criminal conduct is a violation of s. 893.13(2)(a)
298or (6)(a) or any other nonviolent felony, the court may either
299adjudge the defendant guilty or stay and withhold the
300adjudication of guilt.; and, In either case, the court it may
301also stay and withhold the imposition of sentence and place the
302defendant on drug offender probation or into a postadjudicatory
303treatment-based drug court program if the defendant otherwise
304qualifies. For purposes of this section, the term "nonviolent
305felony" has the same meaning as provided in s. 948.08(6).
306     (1)  The Department of Corrections shall develop and
307administer a drug offender probation program which emphasizes a
308combination of treatment and intensive community supervision
309approaches and which includes provision for supervision of
310offenders in accordance with a specific treatment plan. The
311program may include the use of graduated sanctions consistent
312with the conditions imposed by the court. Drug offender
313probation status shall include surveillance and random drug
314testing, and may include those measures normally associated with
315community control, except that specific treatment conditions and
316other treatment approaches necessary to monitor this population
317may be ordered.
318     (2)  Offenders placed on drug offender probation are
319subject to revocation of probation as provided in s. 948.06.
320     Section 8.  Subsections (2) and (3) of section 985.345,
321Florida Statutes, are amended to read:
322     985.345  Delinquency pretrial intervention program.--
323     (2)  While enrolled in a delinquency pretrial intervention
324program authorized by this section, a child is subject to a
325coordinated strategy developed by a drug court team under s.
326397.334(4)(3). The coordinated strategy may include a protocol
327of sanctions that may be imposed upon the child for
328noncompliance with program rules. The protocol of sanctions may
329include, but is not limited to, placement in a substance abuse
330treatment program offered by a licensed service provider as
331defined in s. 397.311 or serving a period of secure detention
332under this chapter. The coordinated strategy must be provided in
333writing to the child before the child agrees to enter the
334pretrial treatment-based drug court program or other pretrial
335intervention program. Any child whose charges are dismissed
336after successful completion of the treatment-based drug court
337program, if otherwise eligible, may have his or her arrest
338record and plea of nolo contendere to the dismissed charges
339expunged under s. 943.0585.
340     (3)  At the end of the delinquency pretrial intervention
341period, the court shall consider the recommendation of the state
342attorney and the program administrator as to disposition of the
343pending charges. The court shall determine, by written finding,
344whether the child has successfully completed the delinquency
345pretrial intervention program. Notwithstanding the coordinated
346strategy developed by a drug court team pursuant to s.
347397.334(4)(3), if the court finds that the child has not
348successfully completed the delinquency pretrial intervention
349program, the court may order the child to continue in an
350education, treatment, or urine monitoring program if resources
351and funding are available or order that the charges revert to
352normal channels for prosecution. The court may dismiss the
353charges upon a finding that the child has successfully completed
354the delinquency pretrial intervention program.
355     Section 9.  The Legislature intends to monitor and evaluate
356the implementation and effectiveness of pretrial and
357postadjudicatory treatment-based drug court programs,
358particularly as they target and serve offenders pursuant to ss.
359948.01(7) and 948.06(2)(i), Florida Statutes, as created by this
360act. The Office of Program Policy Analysis and Government
361Accountability is directed to evaluate the effectiveness of
362pretrial and postadjudicatory treatment-based drug court
363programs and issue a report of its findings and recommendations
364to the President of the Senate and the Speaker of the House of
365Representatives by October 1, 2010.
366     Section 10.  This act shall take effect July 1, 2009.


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