HB 233

1	A bill to be entitled
2	An act relating to substance abuse education and
3	intervention programs; amending s. 948.03, F.S.;
4	providing for the placement of certain misdemeanor
5	controlled substance offenders in licensed substance
6	abuse education and intervention programs as a
7	standard condition of probation; amending s. 948.15,
8	F.S.; providing that probation supervision services
9	for defendants found guilty of certain misdemeanor
10	controlled substance offenses may be provided by
11	licensed substance abuse education and intervention
12	programs; authorizing certain entities providing
13	probation services to provide licensed substance abuse
14	education and intervention programs; requiring private
15	entities providing such programs to contract with the
16	county and comply with other applicable provisions;
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Paragraph (q) is added to subsection (1) of
22	section 948.03, Florida Statutes, to read:
23	948.03  Terms and conditions of probation.-
24	(1)  The court shall determine the terms and conditions of
25	probation. Conditions specified in this section do not require
26	oral pronouncement at the time of sentencing and may be
27	considered standard conditions of probation. These conditions
28	may include among them the following, that the probationer or
29	offender in community control shall:
30	(q)  Be placed in a licensed substance abuse education and
31	intervention program as provided in s. 948.15 if the probationer
32	or offender is convicted of a misdemeanor for possession of a
33	controlled substance or drug paraphernalia under chapter 893.
34	Section 2.  Section 948.15, Florida Statutes, is amended to
35	read:
36	948.15  Misdemeanor probation services.-
37	(1)  A defendant Defendants found guilty of a misdemeanor
38	misdemeanors who is are placed on probation shall be under
39	supervision not to exceed 6 months unless otherwise specified by
40	the court. Probation supervision services for a defendant found
41	guilty of a misdemeanor for possession of a controlled substance
42	or drug paraphernalia under chapter 893 may be provided by a
43	licensed substance abuse education and intervention program,
44	which shall provide substance abuse education and intervention
45	as well as any other terms and conditions of probation. In
46	relation to any offense other than a felony in which the use of
47	alcohol is a significant factor, the period of probation may be
48	up to 1 year.
49	(2)  A private entity or public entity, including a
50	licensed substance abuse education and intervention program,
51	under the supervision of the board of county commissioners or
52	the court may provide probation services and licensed substance
53	abuse education and treatment intervention programs for
54	offenders sentenced by the county court.
55	(3)  Any private entity, including a licensed substance
56	abuse education and intervention program, providing services for
57	the supervision of misdemeanor probationers must contract with
58	the county in which the services are to be rendered. In a county
59	having with a population of fewer less than 70,000, the county
60	court judge, or the administrative judge of the county court in
61	a county that has more than one county court judge, must approve
62	the contract. Terms of the contract must state, but are not
63	limited to:
64	(a)  The extent of the services to be rendered by the
65	entity providing supervision or rehabilitation.
66	(b)  Staff qualifications and criminal record checks of
67	staff in accordance with essential standards established by the
68	American Correctional Association as of January 1, 1991.
69	(c)  Staffing levels.
70	(d)  The number of face-to-face contacts with the offender.
71	(e)  Procedures for handling the collection of all offender
72	fees and restitution.
73	(f)  Procedures for handling indigent offenders which
74	ensure placement irrespective of ability to pay.
75	(g)  Circumstances under which revocation of an offender's
76	probation may be recommended.
77	(h)  Reporting and recordkeeping requirements.
78	(i)  Default and contract termination procedures.
79	(j)  Procedures that aid offenders with job assistance.
80	(k)  Procedures for accessing criminal history records of
81	probationers.
82
83	In addition, the entity shall supply the chief judge's office
84	with a quarterly report summarizing the number of offenders
85	supervised by the private entity, payment of the required
86	contribution under supervision or rehabilitation, and the number
87	of offenders for whom supervision or rehabilitation will be
88	terminated. All records of the entity must be open to inspection
89	upon the request of the county, the court, the Auditor General,
90	the Office of Program Policy Analysis and Government
91	Accountability, or agents thereof.
92	(4)  A private entity that provides court-ordered services
93	to offenders and that charges a fee for such services must
94	register with the board of county commissioners in the county in
95	which the services are offered. The entity shall provide the
96	following information for each program it operates:
97	(a)  The length of time the program has been operating in
98	the county.
99	(b)  A list of the staff and a summary of their
100	qualifications.
101	(c)  A summary of the types of services that are offered
102	under the program.
103	(d)  The fees the entity charges for court-ordered services
104	and its procedures, if any, for handling indigent offenders.
105	(5)  The private entity, including a licensed substance
106	abuse education and intervention program, providing misdemeanor
107	supervision services must shall also comply with all other
108	applicable provisions of law.
109	Section 3.  This act shall take effect July 1, 2012.

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