ENROLLED
       2023 Legislature                                          SB 508
       
       
       
       
       
       
                                                              2023508er
    1  
    2         An act relating to problem-solving courts; amending s.
    3         397.334, F.S.; revising the responsibilities of
    4         coordinators of treatment-based drug court programs;
    5         requiring such programs to collect specified data and
    6         information for certain purposes; requiring such
    7         programs to annually report certain information and
    8         data to the Office of the State Courts Administrator;
    9         conforming provisions to changes made by the act;
   10         amending s. 948.08, F.S.; authorizing courts to
   11         determine how long a person may be admitted into
   12         certain programs; revising admission requirements for
   13         certain programs; conforming provisions to changes
   14         made by the act; amending s. 948.16, F.S.; revising
   15         eligibility requirements for voluntary admission into
   16         certain substance abuse programs; conforming
   17         provisions to changes made by the act; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsections (2) and (6) of section 397.334,
   23  Florida Statutes, are amended to read:
   24         397.334 Treatment-based drug court programs.—
   25         (2) Entry into any pretrial treatment-based drug court
   26  program shall be voluntary. When neither s. 948.08(6)(c)1. does
   27  not apply nor 2. applies, the court may order an eligible
   28  individual to enter into a pretrial treatment-based drug court
   29  program only upon written agreement by the individual, which
   30  shall include a statement that the individual understands the
   31  requirements of the program and the potential sanctions for
   32  noncompliance.
   33         (6)(a) Contingent upon an annual appropriation by the
   34  Legislature, each judicial circuit shall establish, at a
   35  minimum, one coordinator position for the treatment-based drug
   36  court program within the state courts system to coordinate the
   37  responsibilities of the participating agencies and service
   38  providers. Each coordinator shall provide direct support to the
   39  treatment-based drug court program by providing coordination
   40  between the multidisciplinary team and the judiciary, providing
   41  case management, monitoring compliance of the participants in
   42  the treatment-based drug court program with court requirements,
   43  and managing the collection of data for providing program
   44  evaluation and accountability.
   45         (b) Each treatment-based drug court program shall collect
   46  circuit shall report sufficient client-level data and
   47  programmatic information data to the Office of State Courts
   48  Administrator annually for purposes of program evaluation.
   49  Client-level data includes include primary offenses that
   50  resulted in the treatment-based drug court program referral or
   51  sentence, treatment compliance, completion status and reasons
   52  for failure to complete, offenses committed during treatment and
   53  the sanctions imposed, frequency of court appearances, and units
   54  of service. Programmatic information includes data include
   55  referral and screening procedures, eligibility criteria, type
   56  and duration of treatment offered, and residential treatment
   57  resources. Each treatment-based drug court program must annually
   58  report the programmatic information and aggregate data on the
   59  number of treatment-based drug court program admissions and
   60  terminations by type of termination to the Office of the State
   61  Courts Administrator.
   62         Section 2. Paragraphs (b), (c), and (e) of subsection (6),
   63  paragraph (c) of subsection (7), and paragraph (a) of subsection
   64  (8) of section 948.08, Florida Statutes, are amended to read:
   65         948.08 Pretrial intervention program.—
   66         (6)
   67         (b) Notwithstanding any provision of this section, a person
   68  is eligible for voluntary admission into a pretrial substance
   69  abuse education and treatment intervention program, including a
   70  treatment-based drug court program established pursuant to s.
   71  397.334, approved by the chief judge of the circuit, for a
   72  period to be determined by the court, based on the clinical
   73  needs of the defendant of not less than 1 year in duration, if
   74  he or she:
   75         1. Is identified as having a substance abuse problem and is
   76  amenable to treatment.
   77         2. Is charged with a nonviolent felony.
   78         3. Is not also Has never been charged with a crime
   79  involving violence, including, but not limited to, murder,
   80  sexual battery, robbery, carjacking, home-invasion robbery, or
   81  any other crime involving violence.
   82         4. Has two or fewer felony convictions, provided that the
   83  prior convictions are for nonviolent felonies.
   84         (c) Upon motion of either party or the court’s own motion,
   85  and with the agreement of the defendant, the court shall admit
   86  an eligible person into a pretrial substance abuse education and
   87  treatment intervention program, except:
   88         1. If a defendant was previously offered admission to a
   89  pretrial substance abuse education and treatment intervention
   90  program at any time before trial and the defendant rejected that
   91  offer on the record, the court or the state attorney may deny
   92  the defendant’s admission to such a program.
   93         2. If the state attorney believes that the facts and
   94  circumstances of the case suggest the defendant’s involvement in
   95  the dealing and selling of controlled substances, the court
   96  shall hold a preadmission hearing. If the state attorney
   97  establishes, by a preponderance of the evidence at such hearing,
   98  that the defendant was involved in the dealing or selling of
   99  controlled substances, the court shall deny the defendant’s
  100  admission into a pretrial intervention program.
  101         2.3. If the defendant has two or fewer prior felony
  102  convictions as provided in subparagraph (b)4., the court, in its
  103  discretion, may deny admission to such a program.
  104         (e) At the end of the pretrial intervention period, the
  105  court shall consider the recommendation of the program
  106  administrator pursuant to subsection (5) and the recommendation
  107  of the state attorney as to disposition of the pending charges.
  108  The court shall determine, by written finding, whether the
  109  defendant has successfully completed the pretrial intervention
  110  program. Notwithstanding the coordinated strategy developed by a
  111  drug court team pursuant to s. 397.334(4), if the court finds
  112  that the defendant has not successfully completed the pretrial
  113  intervention program, the court may order the person to continue
  114  in education and treatment, which may include substance abuse
  115  treatment programs offered by licensed service providers as
  116  defined in s. 397.311 or jail-based treatment programs, or order
  117  that the charges revert to normal channels for prosecution. The
  118  court shall dismiss the charges upon a finding that the
  119  defendant has successfully completed the pretrial intervention
  120  program.
  121         (7)
  122         (c) At the end of the pretrial intervention period, the
  123  court shall consider the recommendation of the treatment program
  124  administrator and the recommendation of the state attorney as to
  125  disposition of the pending charges. The court shall determine,
  126  by written finding, whether the defendant has successfully
  127  completed the pretrial intervention program. If the court finds
  128  that the defendant has not successfully completed the pretrial
  129  intervention program, the court may order the person to continue
  130  in education and treatment, which may include treatment programs
  131  offered by licensed service providers or jail-based treatment
  132  programs, or order that the charges revert to normal channels
  133  for prosecution. The court shall dismiss the charges upon a
  134  finding that the defendant has successfully completed the
  135  pretrial intervention program.
  136         (8)(a) Notwithstanding any provision of this section, a
  137  defendant is eligible for voluntary admission into a pretrial
  138  mental health court program established pursuant to s. 394.47892
  139  and approved by the chief judge of the circuit for a period to
  140  be determined by the court, based on the clinical needs of the
  141  defendant, upon motion of either party or the court’s own motion
  142  if:
  143         1. The defendant is identified as having a mental illness;
  144  and
  145         2. The defendant has not been convicted of a felony; and
  146         3. The defendant is charged with:
  147         a. A nonviolent felony that includes a third degree felony
  148  violation of chapter 810 or any other felony offense that is not
  149  a forcible felony as defined in s. 776.08;
  150         b. Resisting an officer with violence under s. 843.01, if
  151  the law enforcement officer and state attorney consent to the
  152  defendant’s participation;
  153         c. Battery on a law enforcement officer under s. 784.07, if
  154  the law enforcement officer and state attorney consent to the
  155  defendant’s participation; or
  156         d. Aggravated assault, if the victim and state attorney
  157  consent to the defendant’s participation.
  158         Section 3. Paragraph (a) of subsection (1) and subsection
  159  (4) of section 948.16, Florida Statutes, are amended to read:
  160         948.16 Misdemeanor pretrial substance abuse education and
  161  treatment intervention program; misdemeanor pretrial veterans’
  162  treatment intervention program; misdemeanor pretrial mental
  163  health court program.—
  164         (1)(a) A person who is charged with a nonviolent,
  165  nontraffic-related misdemeanor and identified as having a
  166  substance abuse problem or who is charged with a misdemeanor for
  167  possession of a controlled substance or drug paraphernalia under
  168  chapter 893, prostitution under s. 796.07, possession of alcohol
  169  while under 21 years of age under s. 562.111, or possession of a
  170  controlled substance without a valid prescription under s.
  171  499.03, and who has not previously been convicted of a felony,
  172  is eligible for voluntary admission into a misdemeanor pretrial
  173  substance abuse education and treatment intervention program,
  174  including a treatment-based drug court program established
  175  pursuant to s. 397.334, approved by the chief judge of the
  176  circuit, for a period based on the program requirements and the
  177  treatment plan for the offender, upon motion of either party or
  178  the court’s own motion, except, if the state attorney believes
  179  the facts and circumstances of the case suggest the defendant is
  180  involved in dealing and selling controlled substances, the court
  181  shall hold a preadmission hearing. If the state attorney
  182  establishes, by a preponderance of the evidence at such hearing,
  183  that the defendant was involved in dealing or selling controlled
  184  substances, the court shall deny the defendant’s admission into
  185  the pretrial intervention program.
  186         (4) At the end of the pretrial intervention period, the
  187  court shall consider the recommendation of the treatment program
  188  administrator and the recommendation of the state attorney as to
  189  disposition of the pending charges. The court shall determine,
  190  by written finding, whether the defendant successfully completed
  191  the pretrial intervention program. Notwithstanding the
  192  coordinated strategy developed by a drug court team pursuant to
  193  s. 397.334(4) or by the veterans’ treatment intervention team,
  194  if the court finds that the defendant has not successfully
  195  completed the pretrial intervention program, the court may order
  196  the person to continue in education and treatment or return the
  197  charges to the criminal docket for prosecution. The court shall
  198  dismiss the charges upon finding that the defendant has
  199  successfully completed the pretrial intervention program.
  200         Section 4. This act shall take effect July 1, 2023.