Bill Text: FL S1060 | 2011 | Regular Session | Introduced

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Bill Title: Programs for Misdemeanor Offenders

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1060 Detail]

Download: Florida-2011-S1060-Introduced.html

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       Florida Senate - 2011                                    SB 1060
       
       
       
       By Senator Lynn
       
       
       
       
       7-01238A-11                                           20111060__
    1                        A bill to be entitled                      
    2         An act relating to programs for misdemeanor offenders;
    3         amending s. 948.15, F.S.; providing for defendants
    4         found guilty of certain misdemeanor drug offenses to
    5         be placed into licensed substance abuse education and
    6         treatment intervention programs; authorizing private
    7         or public entities to provide such programs; requiring
    8         that a private entity provide such programs under
    9         contract and comply with applicable laws; amending s.
   10         948.16, F.S.; removing certain eligibility criteria
   11         prohibiting such placement if the defendant has
   12         previously been admitted to a pretrial program;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (1), (2), (3), and (5) of section
   18  948.15, Florida Statutes, are amended to read:
   19         948.15 Misdemeanor probation services.—
   20         (1) Defendants found guilty of misdemeanors who are placed
   21  on probation shall be under supervision not to exceed 6 months
   22  unless otherwise specified by the court, notwithstanding that
   23  defendants found guilty of a misdemeanor for possession of a
   24  controlled substance or drug paraphernalia under chapter 893
   25  shall be placed in a licensed substance abuse education and
   26  treatment intervention program. In relation to any offense other
   27  than a felony in which the use of alcohol is a significant
   28  factor, the period of probation may be up to 1 year.
   29         (2) A private entity or public entity under the supervision
   30  of the board of county commissioners or the court may provide
   31  probation services, including licensed substance abuse education
   32  and treatment intervention programs, for offenders sentenced by
   33  the county court.
   34         (3) Any private entity providing services for the
   35  supervision of misdemeanor probationers, including licensed
   36  substance abuse education and treatment intervention programs,
   37  must contract with the county in which the services are to be
   38  rendered. In a county with a population of less than 70,000, the
   39  county court judge, or the administrative judge of the county
   40  court in a county that has more than one county court judge,
   41  must approve the contract. Terms of the contract must state, but
   42  are not limited to:
   43         (a) The extent of the services to be rendered by the entity
   44  providing supervision or rehabilitation.
   45         (b) Staff qualifications and criminal record checks of
   46  staff in accordance with essential standards established by the
   47  American Correctional Association as of January 1, 1991.
   48         (c) Staffing levels.
   49         (d) The number of face-to-face contacts with the offender.
   50         (e) Procedures for handling the collection of all offender
   51  fees and restitution.
   52         (f) Procedures for handling indigent offenders which ensure
   53  placement irrespective of ability to pay.
   54         (g) Circumstances under which revocation of an offender’s
   55  probation may be recommended.
   56         (h) Reporting and recordkeeping requirements.
   57         (i) Default and contract termination procedures.
   58         (j) Procedures that aid offenders with job assistance.
   59         (k) Procedures for accessing criminal history records of
   60  probationers.
   61  
   62  In addition, the entity shall supply the chief judge’s office
   63  with a quarterly report summarizing the number of offenders
   64  supervised by the private entity, payment of the required
   65  contribution under supervision or rehabilitation, and the number
   66  of offenders for whom supervision or rehabilitation will be
   67  terminated. All records of the entity must be open to inspection
   68  upon the request of the county, the court, the Auditor General,
   69  the Office of Program Policy Analysis and Government
   70  Accountability, or agents thereof.
   71         (5) The private entity providing misdemeanor supervision
   72  services or licensed substance abuse education and treatment
   73  intervention programs shall also comply with all other
   74  applicable provisions of law.
   75         Section 2. Subsection (1) of section 948.16, Florida
   76  Statutes, is amended to read:
   77         948.16 Misdemeanor pretrial substance abuse education and
   78  treatment intervention program.—
   79         (1)(a) A person who is charged with a misdemeanor for
   80  possession of a controlled substance or drug paraphernalia under
   81  chapter 893, and who has not previously been convicted of a
   82  felony nor been admitted to a pretrial program, is eligible for
   83  voluntary admission into a misdemeanor pretrial substance abuse
   84  education and treatment intervention program, including a
   85  treatment-based drug court program established pursuant to s.
   86  397.334, approved by the chief judge of the circuit, for a
   87  period based on the program requirements and the treatment plan
   88  for the offender, upon motion of either party or the court’s own
   89  motion, except, if the state attorney believes the facts and
   90  circumstances of the case suggest the defendant is involved in
   91  dealing and selling controlled substances, the court shall hold
   92  a preadmission hearing. If the state attorney establishes, by a
   93  preponderance of the evidence at such hearing, that the
   94  defendant was involved in dealing or selling controlled
   95  substances, the court shall deny the defendant’s admission into
   96  the pretrial intervention program.
   97         (b) While enrolled in a pretrial intervention program
   98  authorized by this section, the participant is subject to a
   99  coordinated strategy developed by a drug court team under s.
  100  397.334(4). The coordinated strategy may include a protocol of
  101  sanctions that may be imposed upon the participant for
  102  noncompliance with program rules. The protocol of sanctions may
  103  include, but is not limited to, placement in a substance abuse
  104  treatment program offered by a licensed service provider as
  105  defined in s. 397.311 or in a jail-based treatment program or
  106  serving a period of incarceration within the time limits
  107  established for contempt of court. The coordinated strategy must
  108  be provided in writing to the participant before the participant
  109  agrees to enter into a pretrial treatment-based drug court
  110  program or other pretrial intervention program. Any person whose
  111  charges are dismissed after successful completion of the
  112  treatment-based drug court program, if otherwise eligible, may
  113  have his or her arrest record and plea of nolo contendere to the
  114  dismissed charges expunged under s. 943.0585.
  115         Section 3. This act shall take effect July 1, 2011.