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The Florida Statutes

The 2003 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 397
SUBSTANCE ABUSE SERVICES
View Entire Chapter
Section 397.334, Florida Statutes 2003

1397.334  Treatment-based drug court programs.--

(1)  It is the intent of the Legislature to implement treatment-based drug court programs in each judicial circuit in an effort to reduce crime and recidivism, abuse and neglect cases, and family dysfunction by breaking the cycle of addiction which is the most predominant cause of cases entering the justice system. The Legislature recognizes that the integration of judicial supervision, treatment, accountability, and sanctions greatly increases the effectiveness of substance abuse treatment. The Legislature also seeks to ensure that there is a coordinated, integrated, and multidisciplinary response to the substance abuse problem in this state, with special attention given to creating partnerships between the public and private sectors and to the coordinated, supported, and integrated delivery of multiple-system services for substance abusers, including a multiagency team approach to service delivery.

(2)  Each judicial circuit shall establish a model of a treatment-based drug court program under which persons in the justice system assessed with a substance abuse problem will be processed in such a manner as to appropriately address the severity of the identified substance abuse problem through treatment plans tailored to the individual needs of the participant. These treatment-based drug court program models may be established in the misdemeanor, felony, family, delinquency, and dependency divisions of the judicial circuits. It is the intent of the Legislature to encourage the Department of Corrections, the Department of Children and Family Services, the Department of Juvenile Justice, the Department of Health, the Department of Law Enforcement, and such other agencies, local governments, law enforcement agencies, and other interested public or private sources to support the creation and establishment of these problem-solving court programs. Participation in the treatment-based drug court programs does not divest any public or private agency of its responsibility for a child or adult, but allows these agencies to better meet their needs through shared responsibility and resources.

(3)  The treatment-based drug court programs shall include therapeutic jurisprudence principles and adhere to the following 10 key components, recognized by the Drug Courts Program Office of the Office of Justice Programs of the United States Department of Justice and adopted by the Florida Supreme Court Treatment-Based Drug Court Steering Committee:

(a)  Drug court programs integrate alcohol and other drug treatment services with justice system case processing.

(b)  Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights.

(c)  Eligible participants are identified early and promptly placed in the drug court program.

(d)  Drug court programs provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.

(e)  Abstinence is monitored by frequent testing for alcohol and other drugs.

(f)  A coordinated strategy governs drug court program responses to participants' compliance.

(g)  Ongoing judicial interaction with each drug court program participant is essential.

(h)  Monitoring and evaluation measure the achievement of program goals and gauge program effectiveness.

(i)  Continuing interdisciplinary education promotes effective drug court program planning, implementation, and operations.

(j)  Forging partnerships among drug court programs, public agencies, and community-based organizations generates local support and enhances drug court program effectiveness.

(4)  Treatment-based drug court programs may include pretrial intervention programs as provided in ss. 948.08, 948.16, and 985.306.

(5)(a)  The Florida Association of Drug Court Program Professionals is created. The membership of the association may consist of drug court program practitioners who comprise the multidisciplinary drug court program team, including, but not limited to, judges, state attorneys, defense counsel, drug court program coordinators, probation officers, law enforcement officers, members of the academic community, and treatment professionals. Membership in the association shall be voluntary.

(b)  The association shall annually elect a chair whose duty is to solicit recommendations from members on issues relating to the expansion, operation, and institutionalization of drug court programs. The chair is responsible for providing the association's recommendations to the Supreme Court Treatment-Based Drug Court Steering Committee, and shall submit a report each year, on or before October 1, to the steering committee.

History.--s. 1, ch. 2001-48; s. 109, ch. 2003-402.

1Note.--Section 109, ch. 2003-402, amended s. 397.334, effective July 1, 2004, to read:

397.334  Treatment-based drug court programs.--

(1)  Each county may fund a treatment-based drug court program under which persons in the justice system assessed with a substance abuse problem will be processed in such a manner as to appropriately address the severity of the identified substance abuse problem through treatment plans tailored to the individual needs of the participant. It is the intent of the Legislature to encourage the Department of Corrections, the Department of Children and Family Services, the Department of Juvenile Justice, the Department of Health, the Department of Law Enforcement, and such other agencies, local governments, law enforcement agencies, and other interested public or private sources to support the creation and establishment of these problem-solving court programs. Participation in the treatment-based drug court programs does not divest any public or private agency of its responsibility for a child or adult, but allows these agencies to better meet their needs through shared responsibility and resources.

(2)  The treatment-based drug court programs shall include therapeutic jurisprudence principles and adhere to the following 10 key components, recognized by the Drug Courts Program Office of the Office of Justice Programs of the United States Department of Justice and adopted by the Florida Supreme Court Treatment-Based Drug Court Steering Committee:

(a)  Drug court programs integrate alcohol and other drug treatment services with justice system case processing.

(b)  Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights.

(c)  Eligible participants are identified early and promptly placed in the drug court program.

(d)  Drug court programs provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.

(e)  Abstinence is monitored by frequent testing for alcohol and other drugs.

(f)  A coordinated strategy governs drug court program responses to participants' compliance.

(g)  Ongoing judicial interaction with each drug court program participant is essential.

(h)  Monitoring and evaluation measure the achievement of program goals and gauge program effectiveness.

(i)  Continuing interdisciplinary education promotes effective drug court program planning, implementation, and operations.

(j)  Forging partnerships among drug court programs, public agencies, and community-based organizations generates local support and enhances drug court program effectiveness.

(3)  Treatment-based drug court programs may include pretrial intervention programs as provided in ss. 948.08, 948.16, and 985.306.

(4)(a)  The Florida Association of Drug Court Program Professionals is created. The membership of the association may consist of drug court program practitioners who comprise the multidisciplinary drug court program team, including, but not limited to, judges, state attorneys, defense counsel, drug court program coordinators, probation officers, law enforcement officers, members of the academic community, and treatment professionals. Membership in the association shall be voluntary.

(b)  The association shall annually elect a chair whose duty is to solicit recommendations from members on issues relating to the expansion, operation, and institutionalization of drug court programs. The chair is responsible for providing the association's recommendations to the Supreme Court Treatment-Based Drug Court Steering Committee, and shall submit a report each year, on or before October 1, to the steering committee.

(5)  If a county chooses to fund a treatment-based drug court program, the county must secure funding from sources other than the state for those costs not otherwise assumed by the state pursuant to s. 29.004. Counties may provide, by interlocal agreement, for the collective funding of these programs.

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