Florida Senate - 2023 SB 508 By Senator Rouson 16-01452-23 2023508__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to problem-solving courts; amending s. 2 397.334, F.S.; revising the responsibilities of 3 coordinators of treatment-based drug court programs; 4 requiring such programs to collect specified data and 5 information for certain purposes; requiring such 6 programs to annually report certain information and 7 data to the Office of the State Courts Administrator; 8 conforming provisions to changes made by the act; 9 amending s. 948.08, F.S.; authorizing courts to 10 determine how long a person may be admitted into 11 certain programs; revising admission requirements for 12 certain programs; conforming provisions to changes 13 made by the act; amending s. 948.16, F.S.; revising 14 eligibility requirements for voluntary admission into 15 certain substance abuse programs; conforming 16 provisions to changes made by the act; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21

Section 1. Subsections (2) and (6) of

section 397.334, 22 Florida Statutes, are amended to read: 23 397.334 Treatment-based drug court programs.— 24

(2) Entry into any pretrial treatment-based drug court 25 program shall be voluntary. When neither s. 948.08(6)(c)1. does 26 not apply nor 2. applies, the court may order an eligible 27 individual to enter into a pretrial treatment-based drug court 28 program only upon written agreement by the individual, which 29

Florida Senate - 2023 SB 508 16-01452-23 2023508__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. shall include a statement that the individual understands the 30 requirements of the program and the potential sanctions for 31 noncompliance. 32 (6)(

a) Contingent upon an annual appropriation by the 33 Legislature, each judicial circuit shall establish, at a 34 minimum, one coordinator position for the treatment-based drug 35 court program within the state courts system to coordinate the 36 responsibilities of the participating agencies and service 37 providers.

Each coordinator shall provide direct support to the 38 treatment-based drug court program by providing coordination 39 between the multidisciplinary team and the judiciary, providing 40 case management, monitoring compliance of the participants in 41 the treatment-based drug court program with court requirements, 42 and managing the collection of data for providing program 43 evaluation and accountability. 44 (

b) Each treatment-based drug court program shall collect 45 circuit shall report sufficient client-level data and 46 programmatic information data to the Office of State Courts 47 Administrator annually for purposes of program evaluation. 48 Client-level data includes include primary offenses that 49 resulted in the treatment-based drug court program referral or 50 sentence, treatment compliance, completion status and reasons 51 for failure to complete, offenses committed during treatment and 52 the sanctions imposed, frequency of court appearances, and units 53 of service.

Programmatic information includes data include 54 referral and screening procedures, eligibility criteria, type 55 and duration of treatment offered, and residential treatment 56 resources. Each treatment-based drug court program must annually 57 report the programmatic information and aggregate data on the 58

Florida Senate - 2023 SB 508 16-01452-23 2023508__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. number of treatment-based drug court program admissions and 59 terminations by type of termination to the Office of the State 60 Courts Administrator. 61

Section 2. Paragraphs (b), (c), and (

e) of subsection (6), 62 paragraph (

c) of subsection (7), and paragraph (

a) of subsection 63 (8) of

section 948.08, Florida Statutes, are amended to read: 64 948.08 Pretrial intervention program.— 65 (6) 66 (

b) Notwithstanding any provision of this section, a person 67 is eligible for voluntary admission into a pretrial substance 68 abuse education and treatment intervention program, including a 69 treatment-based drug court program established pursuant to s. 70 397.334, approved by the chief judge of the circuit, for a 71 period to be determined by the court, based on the clinical 72 needs of the defendant of not less than 1 year in duration, if 73 he or she: 74 1. Is identified as having a substance abuse problem and is 75 amenable to treatment. 76 2. Is charged with a nonviolent felony. 77 3.

Is not also Has never been charged with a crime 78 involving violence, including, but not limited to, murder, 79 sexual battery, robbery, carjacking, home-invasion robbery, or 80 any other crime involving violence. 81 4. Has two or fewer felony convictions, provided that the 82 prior convictions are for nonviolent felonies. 83 (

c) Upon motion of either party or the court’s own motion, 84 and with the agreement of the defendant, the court shall admit 85 an eligible person into a pretrial substance abuse education and 86 treatment intervention program, except: 87

Florida Senate - 2023 SB 508 16-01452-23 2023508__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. 1. If a defendant was previously offered admission to a 88 pretrial substance abuse education and treatment intervention 89 program at any time before trial and the defendant rejected that 90 offer on the record, the court or the state attorney may deny 91 the defendant’s admission to such a program. 92 2.

If the state attorney believes that the facts and 93 circumstances of the case suggest the defendant’s involvement in 94 the dealing and selling of controlled substances, the court 95 shall hold a preadmission hearing. If the state attorney 96 establishes, by a preponderance of the evidence at such hearing, 97 that the defendant was involved in the dealing or selling of 98 controlled substances, the court shall deny the defendant’s 99 admission into a pretrial intervention program. 100 2.3.

If the defendant has two or fewer prior felony 101 convictions as provided in subparagraph (b)4., the court, in its 102 discretion, may deny admission to such a program. 103 (

e) At the end of the pretrial intervention period, the 104 court shall consider the recommendation of the program 105 administrator pursuant to subsection (5) and the recommendation 106 of the state attorney as to disposition of the pending charges. 107 The court shall determine, by written finding, whether the 108 defendant has successfully completed the pretrial intervention 109 program.

Notwithstanding the coordinated strategy developed by a 110 drug court team pursuant to s. 397.334(4), if the court finds 111 that the defendant has not successfully completed the pretrial 112 intervention program, the court may order the person to continue 113 in education and treatment, which may include substance abuse 114 treatment programs offered by licensed service providers as 115 defined in s. 397.311 or jail-based treatment programs, or order 116

Florida Senate - 2023 SB 508 16-01452-23 2023508__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. that the charges revert to normal channels for prosecution. The 117 court shall dismiss the charges upon a finding that the 118 defendant has successfully completed the pretrial intervention 119 program. 120 (7) 121 (

c) At the end of the pretrial intervention period, the 122 court shall consider the recommendation of the treatment program 123 administrator and the recommendation of the state attorney as to 124 disposition of the pending charges. The court shall determine, 125 by written finding, whether the defendant has successfully 126 completed the pretrial intervention program.

If the court finds 127 that the defendant has not successfully completed the pretrial 128 intervention program, the court may order the person to continue 129 in education and treatment, which may include treatment programs 130 offered by licensed service providers or jail-based treatment 131 programs, or order that the charges revert to normal channels 132 for prosecution. The court shall dismiss the charges upon a 133 finding that the defendant has successfully completed the 134 pretrial intervention program. 135 (8)(

a) Notwithstanding any provision of this section, a 136 defendant is eligible for voluntary admission into a pretrial 137 mental health court program established pursuant to s. 394.47892 138 and approved by the chief judge of the circuit for a period to 139 be determined by the court, based on the clinical needs of the 140 defendant, upon motion of either party or the court’s own motion 141 if: 142 1. The defendant is identified as having a mental illness; 143 and 144 2. The defendant has not been convicted of a felony; and 145

Florida Senate - 2023 SB 508 16-01452-23 2023508__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. 3. The defendant is charged with: 146 a. A nonviolent felony that includes a third degree felony 147 violation of

chapter 810 or any other felony offense that is not 148 a forcible felony as defined in s. 776.08; 149 b. Resisting an officer with violence under s. 843.01, if 150 the law enforcement officer and state attorney consent to the 151 defendant’s participation; 152 c. Battery on a law enforcement officer under s. 784.07, if 153 the law enforcement officer and state attorney consent to the 154 defendant’s participation; or 155 d. Aggravated assault, if the victim and state attorney 156 consent to the defendant’s participation. 157

Section 3. Paragraph (

a) of subsection (1) and subsection 158 (4) of

section 948.16, Florida Statutes, are amended to read: 159 948.16 Misdemeanor pretrial substance abuse education and 160 treatment intervention program; misdemeanor pretrial veterans’ 161 treatment intervention program; misdemeanor pretrial mental 162 health court program.— 163 (1)(

a) A person who is charged with a nonviolent, 164 nontraffic-related misdemeanor and identified as having a 165 substance abuse problem or who is charged with a misdemeanor for 166 possession of a controlled substance or drug paraphernalia under 167

chapter 893, prostitution under s. 796.07, possession of alcohol 168 while under 21 years of age under s. 562.111, or possession of a 169 controlled substance without a valid prescription under s. 170 499.03, and who has not previously been convicted of a felony, 171 is eligible for voluntary admission into a misdemeanor pretrial 172 substance abuse education and treatment intervention program, 173 including a treatment-based drug court program established 174

Florida Senate - 2023 SB 508 16-01452-23 2023508__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. pursuant to s. 397.334, approved by the chief judge of the 175 circuit, for a period based on the program requirements and the 176 treatment plan for the offender, upon motion of either party or 177 the court’s own motion, except, if the state attorney believes 178 the facts and circumstances of the case suggest the defendant is 179 involved in dealing and selling controlled substances, the court 180 shall hold a preadmission hearing.

If the state attorney 181 establishes, by a preponderance of the evidence at such hearing, 182 that the defendant was involved in dealing or selling controlled 183 substances, the court shall deny the defendant’s admission into 184 the pretrial intervention program. 185

(4) At the end of the pretrial intervention period, the 186 court shall consider the recommendation of the treatment program 187 administrator and the recommendation of the state attorney as to 188 disposition of the pending charges. The court shall determine, 189 by written finding, whether the defendant successfully completed 190 the pretrial intervention program.

Notwithstanding the 191 coordinated strategy developed by a drug court team pursuant to 192 s. 397.334(4) or by the veterans’ treatment intervention team, 193 if the court finds that the defendant has not successfully 194 completed the pretrial intervention program, the court may order 195 the person to continue in education and treatment or return the 196 charges to the criminal docket for prosecution. The court shall 197 dismiss the charges upon finding that the defendant has 198 successfully completed the pretrial intervention program. 199

Section 4. This act shall take effect July 1, 2023. 200