Senate Bill 1434 (2024) — Pretrial intervention programs
SB 1434
Florida Bills
Florida Senate - 2024 SB 1434 By Senator Book 35-00335A-24 20241434__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to pretrial intervention programs; 2 amending s. 948.08, F.S.; revising eligibility for 3 voluntary admission into pretrial substance abuse 4 education and treatment intervention programs to 5 exclude defendants who are charged with a sexual 6 offense; defining the term “sexual offense”; 7 reenacting ss. 43.51(2), 394.47892(2), 397.334(5), 8 910.035(5)(a), 944.026(3)(b), and 948.036(1), F.S., 9 relating to problem-solving court reports, mental 10 health court programs, treatment-based drug court 11 programs, transfer for participation in problem-12 solving courts, community-based facilities and 13 programs, and work programs as a condition of court-14 ordered community supervision, respectively, to 15 incorporate the amendment made to s. 948.08, F.S., in 16 references thereto; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20
Section 1. Paragraph (
b) of subsection (6) of
section 21 948.08, Florida Statutes, is amended to read: 22 948.08 Pretrial intervention program.— 23 (6) 24 (
b) Notwithstanding any provision of this section, a person 25 is eligible for voluntary admission into a pretrial substance 26 abuse education and treatment intervention program, including a 27 treatment-based drug court program established pursuant to s. 28 397.334, approved by the chief judge of the circuit, for a 29
Florida Senate - 2024 SB 1434 35-00335A-24 20241434__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. period to be determined by the court, based on the clinical 30 needs of the defendant, if he or she: 31 1. Is identified as having a substance abuse problem and is 32 amenable to treatment. 33 2. Is charged with a nonviolent felony. 34 3. Is not also charged with a crime involving violence, 35 including, but not limited to, murder, sexual battery, robbery, 36 carjacking, home-invasion robbery, or any other crime involving 37 violence. 38 4.
Is not also charged with a sexual offense. As used in 39 this subparagraph, the term “sexual offense” includes, but is 40 not limited to, a violation of s. 787.06(3)(b), (d), (f), or 41 (g);
chapter 794;
chapter 800;
chapter 827; s. 836.05; or 42
chapter 847. 43 5. Has two or fewer felony convictions, provided that the 44 prior convictions are for nonviolent felonies. 45
Section 2. For the purpose of incorporating the amendment 46 made by this act to
section 948.08, Florida Statutes, in 47 references thereto, subsection (2) of
section 43.51, Florida 48 Statutes, is reenacted to read: 49 43.51 Problem-solving court reports.— 50
(2) For purposes of this section, the term “problem-solving 51 court” includes, but is not limited to, a drug court pursuant to 52 s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 53 948.20; a veterans treatment court program pursuant to s. 54 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health 55 court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s. 56 948.08, or s. 948.16; a community court pursuant to s. 948.081; 57 or a delinquency pretrial intervention court program pursuant to 58
Florida Senate - 2024 SB 1434 35-00335A-24 20241434__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. s. 985.345. 59
Section 3. For the purpose of incorporating the amendment 60 made by this act to
section 948.08, Florida Statutes, in a 61 reference thereto, subsection (2) of
section 394.47892, Florida 62 Statutes, is reenacted to read: 63 394.47892 Mental health court programs.— 64
(2) Mental health court programs may include pretrial 65 intervention programs as provided in ss. 948.08, 948.16, and 66 985.345, postadjudicatory mental health court programs as 67 provided in ss. 948.01 and 948.06, and review of the status of 68 compliance or noncompliance of sentenced defendants through a 69 mental health court program. 70
Section 4. For the purpose of incorporating the amendment 71 made by this act to
section 948.08, Florida Statutes, in a 72 reference thereto, subsection (5) of
section 397.334, Florida 73 Statutes, is reenacted to read: 74 397.334 Treatment-based drug court programs.— 75
(5) Treatment-based drug court programs may include 76 pretrial intervention programs as provided in ss. 948.08, 77 948.16, and 985.345, treatment-based drug court programs 78 authorized in
chapter 39, postadjudicatory programs as provided 79 in ss. 948.01, 948.06, and 948.20, and review of the status of 80 compliance or noncompliance of sentenced offenders through a 81 treatment-based drug court program. While enrolled in a 82 treatment-based drug court program, the participant is subject 83 to a coordinated strategy developed by a drug court team under 84 subsection (4). The coordinated strategy may include a protocol 85 of sanctions that may be imposed upon the participant for 86 noncompliance with program rules. The protocol of sanctions may 87
Florida Senate - 2024 SB 1434 35-00335A-24 20241434__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. include, but is not limited to, placement in a substance abuse 88 treatment program offered by a licensed service provider as 89 defined in s. 397.311 or in a jail-based treatment program or 90 serving a period of secure detention under
chapter 985 if a 91 child or a period of incarceration within the time limits 92 established for contempt of court if an adult. The coordinated 93 strategy must be provided in writing to the participant before 94 the participant agrees to enter into a treatment-based drug 95 court program. 96
Section 5. For the purpose of incorporating the amendment 97 made by this act to
section 948.08, Florida Statutes, in 98 references thereto, paragraph (
a) of subsection (5) of
section 99 910.035, Florida Statutes, is reenacted to read: 100 910.035 Transfer from county for plea, sentence, or 101 participation in a problem-solving court.— 102
(5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.— 103 (
a) For purposes of this subsection, the term “problem-104 solving court” means a drug court pursuant to s. 948.01, s. 105 948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment 106 court program pursuant to s. 394.47891, s. 948.08, s. 948.16, or 107 s. 948.21; a mental health court program pursuant to s. 108 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; or a 109 delinquency pretrial intervention court program pursuant to s. 110 985.345. 111
Section 6. For the purpose of incorporating the amendment 112 made by this act to
section 948.08, Florida Statutes, in a 113 reference thereto, paragraph (
b) of subsection (3) of
section 114 944.026, Florida Statutes, is reenacted to read: 115 944.026 Community-based facilities and programs.— 116
Florida Senate - 2024 SB 1434 35-00335A-24 20241434__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. (3) 117 (
b) Pretrial intervention programs in appropriate counties 118 to provide early counseling and supervision services to 119 specified offenders as provided in s. 948.08. 120
Section 7. For the purpose of incorporating the amendment 121 made by this act to
section 948.08, Florida Statutes, in a 122 reference thereto, subsection (1) of
section 948.036, Florida 123 Statutes, is reenacted to read: 124 948.036 Work programs as a condition of probation, 125 community control, or other court-ordered community 126 supervision.— 127
(1) Whenever an offender is required by the court to 128 participate in any work program under the provisions of this 129 chapter, enters into the pretrial intervention program pursuant 130 to s. 948.08, or volunteers to work in a supervised work program 131 conducted by a specified state, county, municipal, or community 132 service organization or to work for the victim, either as an 133 alternative to monetary restitution or as a part of the 134 rehabilitative or community control program, the offender shall 135 be considered an employee of the state for the purposes of 136
chapter 440. 137