Florida Senate - 2011                              CS for SB 400
       
       
       
       By the Committee on Criminal Justice; and Senators Wise and
       Fasano
       
       
       
       591-02003-11                                           2011400c1
    1                        A bill to be entitled                      
    2         An act relating to treatment-based drug court
    3         programs; amending s. 397.334, F.S.; requiring all
    4         offenders sentenced to a postadjudicatory drug court
    5         program who are drug court participants and who are
    6         the subject of a violation of probation or community
    7         control hearing under specified provisions to have the
    8         violation of probation or community control heard by
    9         the judge presiding over the drug court program;
   10         providing that treatment-based drug court programs may
   11         include postadjudicatory programs provided under
   12         specified provisions; amending s. 921.0026, F.S.;
   13         increasing the number of Criminal Punishment Code
   14         scoresheet total sentence points that a defendant may
   15         have and be eligible for a postadjudicatory treatment
   16         based drug court program; amending s. 948.01, F.S.;
   17         increasing the number of Criminal Punishment Code
   18         scoresheet total sentence points that a defendant may
   19         have and be eligible for a postadjudicatory treatment
   20         based drug court program; amending s. 948.06, F.S.;
   21         making defendants other than those who have violated
   22         probation or community control by a failed or suspect
   23         substance abuse test eligible for postadjudicatory
   24         treatment-based drug court programs; increasing the
   25         number of Criminal Punishment Code scoresheet total
   26         sentence points that a defendant may have and be
   27         eligible for a postadjudicatory treatment-based drug
   28         court program; amending s. 948.20, F.S.; increasing
   29         the number of Criminal Punishment Code scoresheet
   30         total sentence points that a defendant may have and be
   31         eligible for a postadjudicatory treatment-based drug
   32         court program; providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsections (3) and (5) of section 397.334,
   37  Florida Statutes, are amended to read:
   38         397.334 Treatment-based drug court programs.—
   39         (3)(a) Entry into any postadjudicatory treatment-based drug
   40  court program as a condition of probation or community control
   41  pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
   42  upon the sentencing court’s assessment of the defendant’s
   43  criminal history, substance abuse screening outcome, amenability
   44  to the services of the program, total sentence points, the
   45  recommendation of the state attorney and the victim, if any, and
   46  the defendant’s agreement to enter the program.
   47         (b) An offender who is sentenced to a postadjudicatory drug
   48  court program and who, while a drug court participant, is the
   49  subject of a violation of probation or community control under
   50  s. 948.06, based solely upon a failed or suspect substance abuse
   51  test administered pursuant to s. 948.01 or s. 948.03, shall have
   52  the violation of probation or community control heard by the
   53  judge presiding over the postadjudicatory drug court program.
   54  The judge shall dispose of any such violation, after a hearing
   55  on or admission of the violation, as he or she deems appropriate
   56  if the resulting sentence or conditions are lawful.
   57         (5) Treatment-based drug court programs may include
   58  pretrial intervention programs as provided in ss. 948.08,
   59  948.16, and 985.345, treatment-based drug court programs
   60  authorized in chapter 39, postadjudicatory programs as provided
   61  in ss. 948.01, 948.06, and 948.20, and review of the status of
   62  compliance or noncompliance of sentenced offenders through a
   63  treatment-based drug court program. While enrolled in a
   64  treatment-based drug court program, the participant is subject
   65  to a coordinated strategy developed by a drug court team under
   66  subsection (4). The coordinated strategy may include a protocol
   67  of sanctions that may be imposed upon the participant for
   68  noncompliance with program rules. The protocol of sanctions may
   69  include, but is not limited to, placement in a substance abuse
   70  treatment program offered by a licensed service provider as
   71  defined in s. 397.311 or in a jail-based treatment program or
   72  serving a period of secure detention under chapter 985 if a
   73  child or a period of incarceration within the time limits
   74  established for contempt of court if an adult. The coordinated
   75  strategy must be provided in writing to the participant before
   76  the participant agrees to enter into a treatment-based drug
   77  court program.
   78         Section 2. Paragraph (m) of subsection (2) of section
   79  921.0026, Florida Statutes, is amended to read:
   80         921.0026 Mitigating circumstances.—This section applies to
   81  any felony offense, except any capital felony, committed on or
   82  after October 1, 1998.
   83         (2) Mitigating circumstances under which a departure from
   84  the lowest permissible sentence is reasonably justified include,
   85  but are not limited to:
   86         (m) The defendant’s offense is a nonviolent felony, the
   87  defendant’s Criminal Punishment Code scoresheet total sentence
   88  points under s. 921.0024 are 60 52 points or fewer, and the
   89  court determines that the defendant is amenable to the services
   90  of a postadjudicatory treatment-based drug court program and is
   91  otherwise qualified to participate in the program as part of the
   92  sentence. For purposes of this paragraph, the term “nonviolent
   93  felony” has the same meaning as provided in s. 948.08(6).
   94         Section 3. Paragraph (a) of subsection (7) of section
   95  948.01, Florida Statutes, is amended to read:
   96         948.01 When court may place defendant on probation or into
   97  community control.—
   98         (7)(a) Notwithstanding s. 921.0024 and effective for
   99  offenses committed on or after July 1, 2009, the sentencing
  100  court may place the defendant into a postadjudicatory treatment
  101  based drug court program if the defendant’s Criminal Punishment
  102  Code scoresheet total sentence points under s. 921.0024 are 60
  103  52 points or fewer, and the offense defendant is a nonviolent
  104  felony offender, the defendant is amenable to substance abuse
  105  treatment, and the defendant otherwise qualifies under s.
  106  397.334(3). The satisfactory completion of the program shall be
  107  a condition of the defendant’s probation or community control.
  108  As used in this subsection, the term “nonviolent felony” means a
  109  third degree felony violation under chapter 810 or any other
  110  felony offense that is not a forcible felony as defined in s.
  111  776.08.
  112         Section 4. Paragraph (i) of subsection (2) of section
  113  948.06, Florida Statutes, is amended to read:
  114         948.06 Violation of probation or community control;
  115  revocation; modification; continuance; failure to pay
  116  restitution or cost of supervision.—
  117         (2)
  118         (i)1. Notwithstanding s. 921.0024 and effective for
  119  offenses committed on or after July 1, 2009, the court may order
  120  the defendant to successfully complete a postadjudicatory
  121  treatment-based drug court program if:
  122         a. The court finds or the offender admits that the offender
  123  has violated his or her community control or probation and the
  124  violation was due only to a failed or suspect substance abuse
  125  test;
  126         b. The offender’s Criminal Punishment Code scoresheet total
  127  sentence points under s. 921.0024 are 60 52 points or fewer
  128  after including points for the violation;
  129         c. The underlying offense is a nonviolent felony. As used
  130  in this subsection, the term “nonviolent felony” means a third
  131  degree felony violation under chapter 810 or any other felony
  132  offense that is not a forcible felony as defined in s. 776.08;
  133         d. The court determines that the offender is amenable to
  134  the services of a postadjudicatory treatment-based drug court
  135  program;
  136         e. The court has explained the purpose of the program to
  137  the offender and the offender has agreed to participate; and
  138         f. The offender is otherwise qualified to participate in
  139  the program under the provisions of s. 397.334(3).
  140         2. After the court orders the modification of community
  141  control or probation, the original sentencing court shall
  142  relinquish jurisdiction of the offender’s case to the
  143  postadjudicatory treatment-based drug court program until the
  144  offender is no longer active in the program, the case is
  145  returned to the sentencing court due to the offender’s
  146  termination from the program for failure to comply with the
  147  terms thereof, or the offender’s sentence is completed.
  148         Section 5. Section 948.20, Florida Statutes, is amended to
  149  read:
  150         948.20 Drug offender probation.—
  151         (1) If it appears to the court upon a hearing that the
  152  defendant is a chronic substance abuser whose criminal conduct
  153  is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent
  154  felony if such nonviolent felony is committed on or after July
  155  1, 2009, and notwithstanding s. 921.0024 the defendant’s
  156  Criminal Punishment Code scoresheet total sentence points are 60
  157  52 points or fewer, the court may either adjudge the defendant
  158  guilty or stay and withhold the adjudication of guilt. In either
  159  case, the court may also stay and withhold the imposition of
  160  sentence and place the defendant on drug offender probation or
  161  into a postadjudicatory treatment-based drug court program if
  162  the defendant otherwise qualifies. As used in this section, the
  163  term “nonviolent felony” means a third degree felony violation
  164  under chapter 810 or any other felony offense that is not a
  165  forcible felony as defined in s. 776.08.
  166         (2)(1) The Department of Corrections shall develop and
  167  administer a drug offender probation program which emphasizes a
  168  combination of treatment and intensive community supervision
  169  approaches and which includes provision for supervision of
  170  offenders in accordance with a specific treatment plan. The
  171  program may include the use of graduated sanctions consistent
  172  with the conditions imposed by the court. Drug offender
  173  probation status shall include surveillance and random drug
  174  testing, and may include those measures normally associated with
  175  community control, except that specific treatment conditions and
  176  other treatment approaches necessary to monitor this population
  177  may be ordered.
  178         (3)(2) Offenders placed on drug offender probation are
  179  subject to revocation of probation as provided in s. 948.06.
  180         Section 6. This act shall take effect July 1, 2011.