A Guide to Transferring Florida Drug Court Cases

Transcription

1 A Guide to Transferring Florida Drug Court Cases September 2007

2 Preface The purpose of this guide is to assist drug court programs with transferring cases between jurisdictions. In 2001, Section (5), Florida Statutes was created which allows for any person who is eligible for participation in a drug court treatment program (pursuant to section (6) Florida Statutes) may be eligible to have their case transferred to another county if certain conditions are met and the accepting drug court program agrees to the transfer. In 2002, the Florida Association of Drug Court Professionals (FADCP) appointed a committee to make recommendations to the Supreme Court s Task Force on Treatment-Based Drug Courts concerning improvement of the transfer process. Subsequently, the Task Force recommended modifications to Section (5), Florida Statutes. These recommendations to the transfer statute passed during the 2006 legislative session. A copy of the current statute is included in this guide. (See page 12). The FADCP previously developed recommended procedures to assist drug court staff with the transfer process. A copy of those procedures is included. In addition, courts requesting to transfer cases should: 1. Ensure that the participant desiring to transfer meets the eligibility requirements of the receiving jurisdiction. 2. Ensure that the Department of Corrections in the sending jurisdiction has completed the intake and investigation before requesting a transfer, if applicable. ii

3 TABLE OF CONTENTS DRUG COURT TRANSFER STATUTE... 5 PROCEDURES FOR TRANSFERRING DRUG COURT CASES... 6 SAMPLE AGREED ORDER OF TRANSFER... 8 SAMPLE ACCEPTANCE LETTER OPERATIONAL & PLANNED DRUG COURT PROGRAMS IN FLORIDA FIRST JUDICIAL CIRCUIT Escambia County Okaloosa County SECOND JUDICIAL CIRCUIT Gadsden County Leon County THIRD JUDICIAL CIRCUIT Columbia County Hamilton County Suwannee County FOURTH JUDICIAL CIRCUIT Clay County Duval County FIFTH JUDICIAL CIRCUIT Citrus County Hernando County Marion County SIXTH JUDICIAL CIRCUIT Pasco County Pinellas County SEVENTH JUDICIAL CIRCUIT Flagler County Putnam County St. Johns County Volusia County EIGHTH JUDICIAL CIRCUIT Alachua County Baker County iii

4 NINTH JUDICIAL CIRCUIT Orange County Osceola County TENTH JUDICIAL CIRCUIT Polk County ELEVENTH JUDICIAL CIRCUIT Miami-Dade County TWELFTH JUDICIAL CIRCUIT Manatee County Sarasota County THIRTEENTH JUDICIAL CIRCUIT Hillsborough County FOURTEENTH JUDICIAL CIRCUIT Bay County Jackson County FIFTEENTH JUDICIAL CIRCUIT Palm Beach County SIXTEENTH JUDICIAL CIRCUIT Monroe County SEVENTEENTH JUDICIAL CIRCUIT Broward County EIGHTEENTH JUDICIAL CIRCUIT Brevard County Seminole County NINETEENTH JUDICIAL CIRCUIT Indian River County Martin County St. Lucie County TWENTIETH JUDICIAL CIRCUIT Charlotte County Collier County Glades County Hendry County Lee County iv

5 DRUG COURT TRANSFER STATUTE Section , F.S.--Transfer from county for plea and sentence. (5) Any person eligible for participation in a drug court treatment program pursuant to s (6) may be eligible to have the case transferred to a county other than that in which the charge arose if the drug court program agrees and if the following conditions are met: (a) The authorized representative of the drug court program of the county requesting to transfer the case shall consult with the authorized representative of the drug court program in the county to which transfer is desired. (b) If approval for transfer is received from all parties, the trial court shall accept a plea of nolo contendere and enter a transfer order directing the clerk to transfer the case to the county which has accepted the defendant into its drug court program. (c) The transfer order shall include a copy of the probable cause affidavit, any charging documents in the case, all reports, witness statements, test results, evidence lists, and other documents in the case; the defendant s mailing address and phone number; and the defendant s written consent to abide by the rules and procedures of the receiving county s drug court program. (d) After the transfer takes place, the clerk shall set the matter for a hearing before the drug court program judge and the court shall ensure the defendant s entry into the drug court program. (e) Upon successful completion of the drug court program, the jurisdiction to which the case has been transferred shall dispose of the case pursuant to s (6). If the defendant does not complete the drug court program successfully, the jurisdiction to which the case has been transferred shall dispose of the case within the guidelines of the Criminal Punishment Code. 5

6 PROCEDURES FOR TRANSFERRING DRUG COURT CASES Upon learning of a desired transfer, the drug court coordinator* from the sending jurisdiction will consult with the drug court coordinator* in the receiving jurisdiction to notify them about the proposed transfer. A background investigation or criminal history will then be forwarded to the receiving county. If the approval for transfer is received from all parties, the drug court coordinator* from the sending jurisdiction will prepare an Agreed Order to Transfer and a Court Order Ratifying Agreement to Transfer Jurisdiction and Venue for Disposition Pursuant to Section , F.S. to be signed by the Judge in the transferring/sending jurisdiction (see sample orders included). The drug court coordinator* in the sending jurisdiction will notify the clerk contact in the sending jurisdiction, to provide them with the original Agreed Order to Transfer and Court Order Ratifying Agreement to Transfer Jurisdiction and Venue for Disposition Pursuant to Section , F.S. The drug court coordinator* in the sending jurisdiction will send a copy of the Agreed Order to Transfer and Court Order Ratifying Agreement to Transfer Jurisdiction and Venue for Disposition Pursuant to Section , F.S. to the drug court coordinator* of the receiving county. The defendant will call the drug court coordinator* in the receiving jurisdiction upon arrival. The drug court coordinator* will be responsible for tracking the case, i.e., ensuring that the defendant has the correct contact information for the treatment provider and if applicable, the Department of Corrections. The drug court coordinator* will also notify the treatment provider and, if applicable, the Department of Corrections of the transfer. The drug court coordinator* or the clerk s office will supply copies of the Agreed Order to Transfer and Court Order Ratifying Agreement to Transfer Jurisdiction and Venue for Disposition Pursuant to Section , F.S. to the assistant state attorney, defense counsel, Department of Corrections, treatment, and the defendant. The clerk s office in the sending jurisdiction will send certified copies of all documents in the court file to the clerk s office of the receiving county (see note below). Note: Section (5) (c), F.S. requires that: The transfer order shall include a copy of the probable cause affidavit, any charging documents in the case, all reports, witness statements, test results, evidence lists and other documents in the case, the defendant s mailing address and phone number, and the defendant s written consent to abide by the rules and procedures of the receiving county s drug court program. * or authorized designee for handling transfers (refer to circuit information in this publication) 6

7 The clerk s office or the drug court coordinator* (pursuant to the county/circuit policy) of the receiving jurisdiction is responsible for setting the case on the docket for a hearing before the drug court judge once the transfer has taken place. The drug court coordinator* in the receiving jurisdiction is responsible for ensuring that the case receives a first hearing date. Once the case appears on the docket of the receiving jurisdiction, the drug court coordinator* in the receiving jurisdiction will notify the drug court coordinator* in the sending jurisdiction that the transfer has been completed. Notification of acceptance will be in the form of a Transfer Acceptance Letter (see sample letter included). 7

8 Sample Agreed Order of Transfer IN THE CIRCUIT COURT OF THE XXXXXXXX JUDICIAL CIRCUIT IN AND FOR XXXXXXX COUNTY, STATE OF FLORIDA CRIMINAL DIVISION STATE OF FLORIDA CASE NO.: V. / AGREED ORDER OF TRANSFER The defendant, requests that the case be transferred to County, Florida, pursuant to section (5) (2001), F.S. and agrees to abide by the rules and procedures of the receiving county s drug court program. Defendant s Signature Defendant s Mailing Address: Defendant s Phone Number The Clerk of the Circuit Court for XXXXXX County is directed to include a copy of the probable cause affidavit, charging documents, and any other pleadings filed in this case. The State Attorney for XXXXXXX County shall provide the State Attorney for the receiving jurisdiction with all reports, witness statements, test results, evidence lists, and other documents. DONE AND ORDERED this day of, 20, in XXXXXXX County, Florida. Copies furnished: Assistant State Attorney Defense Counsel Department of Corrections Defendant, Circuit Judge 8

9 Sample Court Order Ratifying Agreement to Transfer IN THE CIRCUIT COURT OF THE XXXXXXXX JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR XXXXXXXXXXXXX COUNTY CRIMINAL DIVISION STATE OF FLORIDA V. CASE NO.: DIVISION: / COURT ORDER RATIFYING AGREEMENT TO TRANSFER JURISDICTION AND VENUE FOR DISPOSITION PURSUANT TO SECTION (5) (2001), F.S. Defendant in this cause,, requests that the charges, originating in the aforementioned circuit, be transferred to County, Florida, pursuant to section (5) (2001), F.S. and subject to the terms of this agreement. Defendant hereby acknowledges that he/she is a qualified participant in a drug court program pursuant to Florida Statute (6) and may be eligible to have the case transferred to a county other than that in which the charge arose, provided that the defendant agrees to and abides by the program rules and procedures of both the originating and receiving jurisdictions and subject to the terms of this agreement. Defendant understands and agrees that to be eligible to transfer this case to a county other than which the charge arose he/she is entering a plea of nolo contendre to the charges of. Defendant agrees to comply with all requirements of the drug court program and further agrees to waive his/her right to trial and to proceed directly to sentencing in the receiving jurisdiction upon failure to successfully complete the drug court program. Upon successful completion of the drug court program, the defendant will be permitted to withdraw the previously entered plea of nolo contendre and the State Attorney will drop the charges on behalf of the originating jurisdiction. The clerk of the receiving jurisdiction shall advise the clerk of the originating jurisdiction that the charges were dismissed. A full plea colloque has been conducted by the court and a written plea form executed by the defendant demonstrating that defendant has entered a plea of nolo contendre to the above stated charge(s) knowingly, freely, voluntarily, and intelligently, which is attached to and incorporated by reference into this agreement. 9

10 Defendant understands and acknowledges that he/she is responsible for court costs imposed by each participating jurisdiction and treatment fees if applicable. Defendant s Signature Defendant s Phone Number Defendant s Mail Address The Clerk of the Circuit Court for County is directed to transfer jurisdiction and venue of the case for disposition to, and to include a copy of the probable cause affidavit, charging documents, and any other pleadings filed in the case. The State Attorney for County shall provide the State Attorney for the receiving jurisdiction with all reports, witness statements, testing results, evidence lists, and other documents. DONE AND ORDERED this day of, 20, in County, Florida., Circuit Judge Copies furnished to: Assistant State Attorney Defense Counsel Department of Corrections Defendant 10

11 Sample Acceptance Letter (date) Reference: (name) Case Number: (in sending county) (race / sex) (date of birth) TRANSFER ACCEPTANCE The Judicial Circuit / Drug Court agrees to accept Transfer of Jurisdiction and Venue on the case of from (Circuit / County). The defendant in this case has signed an Agreement accepting the terms of the Drug Court and has entered into treatment as ordered. The defendant s case number(s) on the transferred charge (s) in County is:. The defendant s first appearance in County on the transferred charge (s) has been or will be. If you have any questions feel free to contact me at (signature) 11

12 Treatment-Based Drug Courts in Florida Circuit County Adult Pretrial Adult Post Adjudication Misdemeanor Juvenile Dependency Re-entry DUI Total Number of Programs 1 st Escambia Jun 93 June 93 Apr 96 Feb 96 4 Okaloosa Oct 93 Feb 96 2 Santa Rosa Aug 03 (Pilot) 1 2 nd Franklin Planning/ 1 Planning + Unknown Gadsden Jun 05 Jul 03 2 Jefferson Planning/ 1 Planning +Unknown Wakulla Apr 03 1 Leon Jan 94 Planning +Aug 07 Jul Planning 3 rd Columbia Jan 05 Aug 04 May 04 3 Suwannee Apr 05 Feb 05 Jan 04 3 Hamilton Sept 05 Dec 05 Feb th Clay Feb 01 1 Duval Oct 94 Feb 97 Apr th Citrus Jun 00 Jan 02 Mar 03 2 Hernando Oct 01 Apr 03 2 Marion Apr 97 Nov 00 Jun 03 Jul 02 4 Sumter Planning/ late 2007 Jul Planning 6 th Pinellas Jan 01 Jul 01 Jan 07 3 Pasco Jan 07 Jan th Flagler Dec 06 1 Putnam Jan 02 1 St. Johns Nov 02 1 Volusia Jul 97 Oct 00 Sep th Alachua Mar 94 Nov 00 Jan 01 3 Baker Sept 05 1 Bradford Planning/ 1 Planning +Oct 07 9 th Orange Aug 00 Apr 97 Sep 00 Sep 01 4 Osceola Jan 00 Jan 01 Apr 07 Oct th Polk Jan 95 Jan 98 Dec

13 Circuit County Adult Pretrial Adult Post Adjudication Misdemeanor Juvenile Dependency Re-entry DUI Total Number of Programs 11 th Dade Jun 89 Jan 01 Mar th Manatee Mar 97 Jan 03 (Pilot) 2 Sarasota Mar 97 Oct th Hillsborough May 92 Jul 94 Feb 96 Mar th Bay Jan 97 Jan 97 Jan 97 3 Jackson Nov th Palm Beach Nov 00 Planning/ +Jan th Monroe* Oct 93 (3) Apr 96 (3) Nov 00 (3) 9 17 th Broward Jul 91 Sep 05 Oct 97 Mar 02 Jan 01 (Adult) 4 18 th Brevard Oct 94 Jul 04 Apr 06 3 Seminole Jul 01 Apr th Indian River May 02 Feb 04 2 Martin Feb 01 Oct 96 Mar 06 3 Okeechobee Planning/ +Unknown Aug 07 St. Lucie Oct 01 Sep 06 Oct th Charlotte Apr 00 Sept 02 1 Collier Sep 99 Dec 02 2 Glades Oct 99 1 Hendry Oct 99 1 Lee May 00 Sept 01 Feb 01 3 TOTAL 48 Counties 20 Circuits 47 Operational 2 Planned 4 Operational 1 Planned 31 Operational 3 Planned * Monroe County has nine drug court programs spanning the lower, middle, and upper keys. + Projected date of operation. 25 Operational 0 Planned 1 Operational 0 Planned 2 Operational 0 Planned 1 1 Planning 1 Planning 110 Operational 6 Planned Note: Dates included above are the date the drug court was implemented. Dates stricken are those drug courts that were operational but are no longer in existence. Updated by the Office of the State Courts Administrator, September 28,

14 FIRST JUDICIAL CIRCUIT Escambia County Adult Pretrial and Deferred Sentence Drug Court Designee for Handling Transfers Cathy White Senior Deputy Court Administrator Court Administrator s Office 100 West Maxwell Street Pensacola, Florida Phone: (850) Fax: (850) cathy.white@flcourts1.gov Stacy Roberts Court Administrator s Office 100 West Maxwell Street Pensacola, Florida Phone: (850) Fax: (850) stacy.roberts@flcourts1.gov Donna O Quist Phone: (850) Fax: (850) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. The State Attorney must approve all cases that are to be transferred. All paperwork must be received in Court Administration prior to a case being placed on the drug court docket. No significant criminal history. Charged with purchase, possession, or manufacturing of a controlled substance, prescription forgery, introduction of contraband into jail, thefts, forgeries, uttering forgeries, worthless checks, burglaries, dealing in stolen property. Must enter a plea of nolo contendere or guilty and sentence will be deferred. If defendant has a more significant criminal history then defendant will be placed on probation with drug court a condition of probation. VOP s are accepted. Must attend 2 AA/NA meetings per week. 12 Months Minimum Three Phases: Phase I (12 weeks), Phase II (3-4 months), Phase III (6 months) Participant Fee: $300 14

15 FIRST JUDICIAL CIRCUIT Okaloosa County Adult Pretrial and Deferred Sentence Drug Court Designee for Handling Transfers Cathy White Senior Deputy Court Administrator Court Administrator s Office 100 West Maxwell Street Pensacola, Florida Phone: (850) Fax: (850) cathy.white@flcourts1.gov Stacy Roberts Court Administrator s Office 100 West Maxwell Street Pensacola, Florida Phone: (850) Fax: (850) stacy.roberts@flcourts1.gov Heather O Hara Phone: (850) Fax: (850) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. The State Attorney must approve all cases that are to be transferred. All paperwork must be received in Court Administration prior to a case being placed on the drug court docket. No significant criminal history. Charged with purchase, possession, or manufacturing of a controlled substance, prescription forgery, introduction of contraband into jail, thefts, forgeries, uttering forgeries, worthless checks, burglaries, and dealing in stolen property. Must enter a plea of nolo contendere or guilty and sentence will be deferred. If defendant has a significant criminal history, they will be placed on probation with drug court a condition of probation. 12 Months minimum 3 Phases: Phase I (8 weeks), Phase II (4 months), Phase III (6 months) Participant Fee: $500 15

16 SECOND JUDICIAL CIRCUIT Gadsden County Adult Pretrial Drug Court Annie Berry Founder/Executive Director Redeemed, Inc. P.O. Box 248 Quincy, Florida Phone: (850) Fax: (850) Kathy Young Phone: (850) Fax: (850) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. The State Attorney must approve all requested transfers. All paperwork must be approved in advance and received by the prior to case being placed on the drug court docket. Transfer paperwork must indicate scheduled court date for this jurisdiction. Phone calls and other contact by clients in not acceptable. Participant must have a need for substance abuse treatment. Offense must be a first time felony charge. Must be willing to participate in a year to eighteen month treatment program Months Three phases: Phase I Development of Core Skills (3 months); Phase II Principles of Recovery (4 months); Phase III Intensive Relapse Prevention Planning (5 months) Participant Fee: $600 per year. 16

17 SECOND JUDICIAL CIRCUIT Leon County Adult Pretrial Drug Court Bill Wills Deputy Court Administrator 301 South Monroe Street, Room 315 Tallahassee, Florida Phone: (850) Fax: (850) DeLane Burke or Kathy Waller Phone: (850) Fax: (850) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. The State Attorney must approve all requested transfers. All paperwork must be approved in advance and received by the prior to case being placed on the drug court docket. Transfer paperwork must indicate scheduled court date for this jurisdiction. Phone calls and other contact by clients in not acceptable. No prior or pending felony convictions or currently under Florida Department of Corrections supervision. Charged with a second or third degree purchase or possession under Chapter 893, Florida Statutes in accordance with the criteria of Section (6), Florida Statutes, prescription fraud, cultivation of marijuana, and tampering offenses. 12 Months Minimum 3 Phases: Phase I (8 weeks), Phase II (4 months), and Phase III (6 months) Participant Fee: $300 17

18 THIRD JUDICIAL CIRCUIT Columbia County Adult Pretrial Drug Court Designee for Handling Transfers Toni Taylor Prins Office of Court Administration Third Judicial Circuit Columbia County Courthouse P.O. Box 1569 Lake City, Florida Phone: (386) Fax: (386) Christina Seifert Assistant State Attorney State Attorney s Office Lake City, Florida Phone: (386) Fax: (386) tina.johnson@mail.sa3.state.fl.us Brian Crews Phone: (386) Fax: (386) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. The State Attorney must approve all cases that are transferred. All paperwork must be received in the State Attorney s office prior to a case being placed on the drug court docket. No prior felony convictions other than drug related (non-trafficking). Have current qualifying drug related (non trafficking) felony: manufacture of drugs, prescription forgery, purchase or solicitation to purchase, fraud, theft, prostitution, burglary, dealing in stolen property or forgery to support substance abuse, possession of a controlled substance, or manufacture of drugs. Enter a plea of guilty and sign a Deferred Sentencing Agreement. Have a current or history of substance abuse/dependence. 12 Months Minimum Four Phases: Phase I (7-8weeks), Phase II (7-8 weeks), Phase III (7-8weeks); Phase IV (4 months) Participant Fee: None 18

19 THIRD JUDICIAL CIRCUIT Hamilton County Adult Pretrial Drug Court Designee for Handling Transfers Toni Taylor Prins Office of Court Administration Third Judicial Circuit Columbia County Courthouse P.O. Box 1569 Lake City, Florida Phone: 386/ Fax: 386/ Christina Seifert Assistant State Attorney State Attorney s Office Lake City, Florida Phone: (386) Fax: (386) tina.johnson@mail.sa3.state.fl.us W. Greg Goodwin Phone: (386) Fax: (386) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. The State Attorney must approve all cases that are transferred. All paperwork must be received in the State Attorney s office prior to a case being placed on the drug court docket. No prior felony convictions other than drug related (non-trafficking). Have current qualifying drug related (non trafficking) felony: manufacture of drugs, prescription forgery, purchase or solicitation to purchase, fraud, theft, prostitution, burglary, dealing in stolen property or forgery to support substance abuse, possession of a controlled substance, manufacture of drugs. Enter a plea of guilty and sign a Deferred Sentencing Agreement. Have a current or history of substance abuse/dependence. 12 Months Minimum Four Phases: Phase I (7-8weeks), Phase II (7-8 weeks), Phase III (7-8 weeks) Phase IV (4 months) Participant Fee: $300 19

20 THIRD JUDICIAL CIRCUIT Suwannee County Adult Pretrial Drug Court Designee for Handling Transfers Toni Taylor Prins Office of Court Administration Third Judicial Circuit Columbia County Courthouse P.O. Box 1569 Lake City, Florida Phone: (386) Fax: (386) Christina Seifert Assistant State Attorney State Attorney s Office Lake City, Florida Phone: (386) Fax: (386) tina.johnson@mail.sa3.state.fl.us Julie Nelson Phone: (386) nelson.julie@jud3.flcourts.org Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. The State Attorney must approve all cases that are transferred. All paperwork must be received in the State Attorney s office prior to a case being placed on the drug court docket. No prior felony convictions other than drug related (non-trafficking). Have current qualifying drug related (non trafficking) felony: manufacture of drugs, prescription forgery, purchase or solicitation to purchase, fraud, theft, prostitution, burglary, dealing in stolen property or forgery to support substance abuse, possession of a controlled substance, manufacture of drugs. Enter a plea of guilty and sign a Deferred Sentencing Agreement. Have a current or history of substance abuse/dependence. Must attend 2 AA/NA meetings per week. 12 Months Minimum Four Phases: Phase I (7-8weeks), Phase II (7-8 weeks), Phase III (7-8weeks) Phase IV (4 months) Participant Fee: $300 20

21 FOURTH JUDICIAL CIRCUIT Clay County Adult Pretrial Drug Court Joseph G. Stelma, Jr. Chief Deputy Court Administrator 330 East Bay Street, Room #508 Jacksonville, Florida Phone: (904) Fax: (904) Stacey Lovell Phone: (904) Fax: (904) Transfer of jurisdiction and venue is not required by this drug court but is acceptable. The Department of Corrections supervises cases in this drug court. Before a participant can be accepted for transfer they must be assessed in person by TASC in Jacksonville. No more than two prior felony convictions, no history of violent arrests, and must not have any out-of-county detainers. Charged with a third degree non-violent felony offense. 12 Months Minimum 4 Phases: Phase I and II (10 weeks minimum), Phase III (18 weeks minimum), and Phase IV (8-16 weeks minimum) Participant Fee: Urinalysis Fee (based on a sliding scale fee up to $500/year) 21

22 FOURTH JUDICIAL CIRCUIT Duval County Adult Pretrial Drug Court Joseph G. Stelma, Jr. Chief Deputy Court Administrator 330 East Bay Street, Room #508 Jacksonville, Florida Phone: (904) Fax: (904) Debra Davis Phone: (904) Fax: (904) Transfer of jurisdiction and venue is not required by this drug court but is acceptable. The Department of Corrections supervises cases in this circuit s drug courts. Before a participant can be accepted for transfer they must be assessed in person by TASC in Jacksonville. No more than two prior felony convictions, no history of violent arrests, and must not have any out-of-county detainers. Charged with a third degree non-violent felony offense. 12 Months Minimum 4 Phases: Phase I and II (8 weeks minimum): Intake, Assessment, and Treatment; Phase III (18 weeks minimum): Ongoing Treatment/Relapse Prevention; and Phase IV (8-16 weeks minimum): Achievement/Graduation/Mentoring Participant Fee: $44.80/month (may be waived) 22

23 FIFTH JUDICIAL CIRCUIT Citrus County Adult Post Adjudication Drug Court Jaime Mazzei Citrus County Courthouse 110 North Apopka Avenue Iverness, Florida Phone: (352) Fax: (352) Joyce Hannah Phone: (352) Fax: (352) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. This is a post plea program. Participants must enter a plea within four weeks of consideration of the program. No history of drug sales or violent offenses. All drug related offenses excluding trafficking and violent offenses. Some sales offenses are eligible with documentation and evaluation. VOP s are eligible. 18 Months Minimum 4 Phases: Phase I (8 weeks minimum), Phase II (22 weeks minimum), Phase III (22 weeks minimum), and Phase IV (24 weeks minimum) Participant Fee: $25 per court session and cost for treatment determined by treatment provider. Approximate Cost $1, Plus the cost of treatment (if funding is not available). 23

24 FIFTH JUDICIAL CIRCUIT Hernando County Adult Post Adjudication Drug Court Kathleen Lonergan 20 North Main Street, Room 242 Brooksville, Florida Phone: (352) Fax: (352) Susan Maggiorini Phone: (352) Fax: (352) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. This is a post plea program. Transfers are accepted from other post-adjudication drug courts with the approval of the team. Case information needs to be submitted prior to Thursday staffings. No prior violent felonies. Charged with possession or purchase of drugs (non-trafficking amount); obtaining prescription by fraud, or other non-violent drug-related felonies. VOP s considered on a case-by-case basis, with approval of the State Attorney. 15 Months Minimum 3 Phases: Phase I (8 weeks minimum), Phase II and III (22 weeks minimum), Aftercare (up to 26 weeks) Participant Fee: Program Fee-$600; Treatment Fee based on income. 24

25 FIFTH JUDICIAL CIRCUIT Marion County Adult Post Adjudication Drug Court Osborne S. James Director of Court Alternatives Marion County Justice Center 110 Northwest First Avenue Ocala, Florida Phone: (352) Fax: (352) Jody Putman Phone: (352) Fax: (352) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections does not supervise cases in this drug court. Participants requesting to transfer case out of Marion County s Drug Court must be in good standing for 16 weeks before request will be considered. No prior violent convictions. Non-violent drug offenses, some drug sales and domestic violence offenses eligible, no burglary of a dwelling or violent offenses, and no VOP s Months 4 Phases: Phase 1 (16 weeks), Phase 2 (16 weeks), Phase 3 (16 weeks), Phase 4 (24 weeks) Participant Fee: $450; Groups- $25/group (2 hours per week required), Individual Sessions-$25 per ½ hour; Initial Assessment- $45, Drug Tests-$20; Confirmation Tests-$35; Hair Tests-$

26 SIXTH JUDICIAL CIRCUIT Pasco County Adult Pretrial and Post Adjudication Drug Court Stephanie Lombardi West Pasco Judicial Center New Port Richey, Florida Phone: (727) Ext Noreen Mack Assistant Director of Court Services Phone: (727) Ext THIS JURISDICTION DOES NOT PARTICIPATE IN THE STATEWIDE TRANSFER OF DRUG COURT CASES. The Department of Corrections supervises cases in this drug court. Cases are referred by the State Attorney s Office. Drug possession excluding trafficking amounts; purchase of drugs; small sales of drugs where the facts indicate the seller is supporting a drug habit; property crimes or other nonviolent offenses where the victim agrees; and other 3 rd degree felonies where the facts indicate the offense was drug related or influenced. Violation of probation on the above crimes where all the crimes before the court would individually qualify. Successful Post-plea participants can have adjudication withheld or earn a reduced length of probation Months Clients are given a Substance Abuse Evaluation and based on past history are required to complete one of the following: Outpatient Level II which requires a minimum of three months, two group sessions per week, weekly drug screens, gain employment and enroll in a GED program; or Outpatient Level III which requires minimum of three months, four group sessions per week, weekly drug screens, gain employment, and enroll in a GED program. Both programs require weekly AA/NA support group meetings, clients should try to obtain a Drivers License if possible, complete conditions of probation, and 180 days clean drug screens. Bi-weekly reports to the court or as ordered by the Judge. There are currently no in-patient facilities in Pasco County; however the Department of Corrections will look into an available service provider in another county if needed. Mental Health evaluations can be done by the Public Defender s office. If the defendant is not a P.D. client the Department of Corrections can be utilized for mental health assessments. Participant Fee: $5 Co-pay and $5 Group session assessment. 26

27 SIXTH JUDICIAL CIRCUIT Pinellas County Adult Pretrial and Post Adjudication Drug Court Billy D. Lee Drug Court Manager Sixth Judicial Circuit th Street North Room D 401 Clearwater, Florida Phone: 727/ Fax: 727/ BLee@jud6.org Constance Daniels Phone: (727) Fax: (727) THIS JURISDICTION DOES NOT PARTICIPATE IN THE STATEWIDE TRANSFER OF DRUG COURT CASES. The Department of Corrections supervises cases in this drug court. No prior violent felonies. Charged with drug possession or purchase under chapter 893, Florida Statutes, some drug sales but no trafficking; property crimes (with victim approval), other 3rd degree drug related felonies, and VOP s on any of the above if new charge qualifies. 12 Months Minimum Two Tracks: Outpatient (2 phases) and Residential (3 levels). Residential track includes in jail treatment for females only. Participant Fee: Treatment only, sliding scale based on income. 27

28 SEVENTH JUDICIAL CIRCUIT Flagler County Adult Drug Court Designee for Handling Transfers Michael Jewell Circuit Drug Court Manager Volusia County Courthouse 101 Alabama Avenue DeLand, Florida Phone: (386) Fax: (386) Michael E. Greenier Kim C. Hammond Justice Center 1769 East Moody Boulevard Building #1 Bunnell, Florida Phone: (386) Fax: (386) Kathy Russell Phone: (386) Fax: (386) Transfer of jurisdiction and venue is required by this drug court. The Department of Correction supervises cases in this drug court. All information on the participant/case must be received prior to determination of eligibility. Non-violent criminal history as described by federal grant guidelines. Adult offender, including first time offenders with felony charges where the primary reason for being in the criminal justice system is related to significant substance abuse, specifically: Those charged with possession, purchase, or attempted purchase of controlled substances, uttering false or forged instruments, worthless checks, theft, prescription forgery, driving while licensed suspended (DWLS) or revoked, violations of probation or community control, and other substance abuse related offenses recommended by the State Attorney s Office. Sentenced to DOC probation with a special condition to successfully complete the drug court program. Individual must agree to participate in the drug court program Months 4 Phases: Phase 1 (56 Days), Phase 2 (56 Days), Phase 3 (12 weeks), Phase 4 (20 weeks) Participation Fee: $20/week treatment fee plus court ordered fees. 28

29 SEVENTH JUDICAL CIRCUIT Putnam County Adult Post Adjudication Drug Court Designee for Handling Transfers Michael Jewell Circuit Drug Court Manager Volusia County Justice Center 101 Alabama Avenue DeLand, Florida Phone: (386) Fax: (386) Jacque Yingst Program Coordinator Putnam County Courthouse, P.O. Box 758 Palatka, Florida Phone: (386) Fax: (386) Jacque Yingst (same contact information above) Transfer of jurisdiction and venue is required by this drug court. The Department of Correction supervises cases in this drug court. All information on the participant/case must be received prior to determination of eligibility. Non-violent criminal history as described by federal grant guidelines. Adult offenders, including first time offenders with felony charges where the primary reason for being in the criminal justice system is related to significant substance abuse, specifically: Those charged with possession, purchase, or attempted purchase of controlled substances, uttering false or forged instruments, worthless checks, theft, prescription forgery, driving while licensed suspended (DWLS) or revoked, violations of probation or community control, and other substance abuse related offenses recommended by the State Attorney s Office. Sentenced to DOC probation with a special condition to successfully complete the drug court program. Individual must agree to participate in the drug court program. 12 Months Minimum 4 Phases: Phase I (2 months min), Phase II (4 months min), Phase III (4 months min), Phase IV (2 months min) Participation Fee: $20/week treatment costs plus other court ordered fees. 29

30 SEVENTH JUDICIAL CIRCUIT St. Johns County Adult Post Adjudication Drug Court Designee for Handling Transfers Treatment Requirements Michael Jewell Circuit Volusia County Courthouse 101 Alabama Avenue DeLand, Florida Phone: (386) Fax: (386) Ralph Cumberbatch Program Coordinator St. Johns County Courthouse, Room Lewis Speedway St. Augustine, Florida Phone: (904) Fax: (904) Carol Sullivan Phone: (904) , ext Fax: (904) Transfer of jurisdiction and venue is required by this drug court. The Department of Correction supervises cases in this drug court. All information on the participant/case must be received prior to determination of eligibility. Non-violent criminal history as described by federal grant guidelines. Adult offenders, including first time offenders with felony charges where the primary reason for being in the criminal justice system is related to significant substance abuse, specifically: Those charged with possession, purchase, or attempted purchase of controlled substances, uttering false or forged instruments, worthless checks, theft, prescription forgery, driving while licensed suspended (DWLS) or revoked, violations of probation or community control, and other substance abuse related offenses recommended by the State Attorney s Office. Sentenced to DOC probation with a special condition to successfully complete the drug court program. Individual must agree to participate in the drug court program. 12 Months Minimum 4 Phases: Phase I (2 month min), Phase II (4 months min), Phase III (4 months min), Phase IV (2 months min) Participation Fee: $10/week treatment fee plus court ordered fees. 30

31 SEVENTH JUDICIAL CIRCUIT Volusia County Adult Pretrial Drug Court Designee for Handling Transfers Michael Jewell Circuit Drug Court Manager Volusia County Courthouse 101 N. Alabama Avenue DeLand, Florida Phone: (386) Fax: (386) Richard Zachry Program Coordinator Volusia County Justice Center, Room North Ridgewood Avenue Daytona Beach, Florida Phone: (386) , option #3 Fax: (386) Chalynn Faller Phone: (386) Fax: (386) Transfer of jurisdiction and venue is required by this drug court. The Department of Correction supervises cases in this drug court. All information on the participant/case must be received prior to determination of eligibility. No prior violent felonies. Charged with one of the following: possession, purchase, or manufacture of a controlled substance, prescription forgery, introduction of contraband into correctional facility, felony worthless checks, grand theft, uttering or forging instruments, select felony DUI and drug related DWLS, burglary in which the victim is a family member who advocates treatment for the offender, and any non-violent offense that is related to drug addiction. VOP s are eligible. Minimum 11 months, but may be extended up to 32 months 4 Phases: Phase I (1 month approx), Phase II (3 months approx), Phase III (6 months approx), Phase IV (1 month approx). Participant Fee: $75/month 31

32 EIGHTH JUDICIAL CIRCUIT Alachua County Adult Pretrial and Post Adjudication Drug Court Jim Santangelo Program Manager Court Services 249 West University Avenue Gainesville, Florida Phone: (352) Fax: (352) Carol Ford Phone: (352) Fax: (352) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections does NOT supervise cases in this drug court. DOC supervision must be terminated prior to the transfer. The State Attorney must accept the case before the transfer can be approved. A copy of reporting requirements and fee schedule will be faxed to the sending jurisdiction. This must be signed and returned before the transfer request will be processed. No prior violent felonies. Non-violent felony offense and not currently on state probation or VOP status for any offense for the diversion track. For the Post Plea track, any state probation must be terminated as a condition of the plea that brings the person into drug court. 12 Months Minimum. 3 Phases: Phase I (1 month min), Phase II (6 months min), Phase III (5 months min) Participant Fee: Yes, $20/week (can be paid by 2 hours/week community service); $45/week for transfers from another jurisdiction. 32

33 EIGHTH JUDICIAL CIRCUIT Baker County Adult Pretrial Drug Court Christopher P. Thomas CEO, Baker Community Counseling Service, Inc., Baker County 213 East Macclenny Avenue Macclenny, Florida Phone: (904) Fax: (904) Stacey Parker Phone: (904) Fax: (904) THIS JURISDICTION DOES NOT PARTICIPATE IN THE STATEWIDE TRANSFER OF DRUG COURT CASES. The Department of Corrections supervises cases in this drug court. Charged with a non-violent felony. If charged with a property offense, defendant can be admitted if restitution issues are addressed. Sale of a controlled substance or possession with intent to distribute charges are eligible at the discretion of the State Attorney's Office Months 4 Phases: Phase I (1-2 months); Phase II (2 months); Phase III (3 months); Phase IV (3-5 months) Group and individual counseling, attendance at twelve step meeting, and random drug screens. Participant Fee: $15/week 33

34 NINTH JUDICIAL CIRCUIT Orange County Adult Pretrial and Post Adjudication Drug Court Designee for Handling Transfers Jim Pinero 425 North Orange Avenue, Suite 360 Orlando, Florida Phone: (407) Fax: (407) Mie Sudo Court Program Specialist II 425 North Orange Avenue, Suite 510 Orlando, Florida Phone: (407) Fax: (407) Laverne Williams Phone: (407) , ext Fax: (407) Transfer of jurisdiction and venue, and a plea to the charges, is required by this jurisdiction. The Department of Corrections supervises VOP drug court cases only. The State Attorney must accept the case before the transfer can be processed for approval. No violent felony convictions. No prior felony convictions (Pre-trial) Current charge is a non-violent drug related offense. VOP s are eligible. Post conviction cases may include: burglary of a conveyance, dealing in stolen property, and theft related offenses Months 3 Phases + Aftercare: Each phase is 2-3 months minimum Participant Fee: $550 flat fee and $3 co-pay for each treatment session. 34

35 NINTH JUDICIAL CIRCUIT Osceola County Adult Post Adjudication Drug Court Pat Soentgen Osceola County Drug Court Program 2 Courthouse Square, Suite 3100 Kissimmee, Florida Phone: (407) Fax: (407) ctdcps1@ocnjcc.org Cathy Johnston or Melissa Benoit Phone: (407) Fax: (407) Transfer of jurisdiction and venue is preferred by this drug court. The Department of Corrections supervises cases in this drug court. The State Attorney must accept the case before the transfer can be approved. Legal and clinical standards need to be compatible. Each drug court s brochure is reviewed. Defendants must be assessed by a case manager during the transfer process. COPS/DCLO will conduct an activity check. Track I (Pre-Trial) and Tracks II & III (Post-adjudication plea to the bench). No prior violent felonies. Must have a serious drug/alcohol problem. Charged with felony possession of controlled substance, prescription drug fraud, theft/property crimes (drug related), introduction to controlled substance into correctional facility, unlawful purchase of a controlled substance Months 3 Phases: Phase 1 (30 days min), Phase II (90 days min), Phase III (180 days min), and Relapse Prevention (120 days min). Drug testing is random and the color system is utilized Participant Fee: $125/ month 35

36 NINTH JUDICIAL CIRCUIT Osceola County Adult Pretrial Drug Court Pat Soentgen Osceola County Drug Court Program 2 Courthouse Square, Suite 3100 Kissimmee, Florida Phone: (407) Fax: (407) ctdcps1@ocnjcc.org Cathy Johnston or Melissa Benoit Phone: (407) Fax: (407) Transfer of jurisdiction and venue is preferred by this drug court. The Department of Corrections supervises cases in this drug court. The State Attorney must accept the case before the transfer can be approved. Legal and clinical standards need to be compatible. Each drug court s brochure is reviewed. Defendants must be assessed by a case manager during the transfer process. COPS/DCLO will conduct an activity check. Track I (Pre-Trial) and Tracks II & III (Post-adjudication-plea to the bench). No prior violent felonies. Charged with a non-violent drug related felony offense including possession or purchase of a controlled substance, obtaining a controlled substance by fraud (forged prescription), and introduction of contraband into correctional facility Months 3 Tracks: Track 1- Basic Education (120 days min) and Relapse Prevention (120 days min); Phase II (90 days min), Phase III (180 days min), and Relapse Prevention (120 days min). Drug testing is random and the color system is utilized. Participant Fee: Yes, $125/ month 36

37 TENTH JUDICIAL CIRCUIT Polk County Adult Pretrial Drug Court Designee for Handling Transfers Jim Hornsby Drug Court Manager Office of the Trial Court Administrator P.O. Box 9000, Drawer J-138 Bartow, Florida Phone: (863) Fax: (863) Ryan Conners Clinical Coordinator P.O. Box 9000, Drawer J-138 Bartow, Florida Phone: (863) Fax: (863) Rhonda Thurner Phone: (863) Fax: (863) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. Decisions to accept transfers are made on a case-by-case basis. The State Attorney must ultimately approve the transfer of the case. All transfer cases must be accompanied by an Agreed Order to Transfer, signed by the Judge transferring the case. No prior felonies. Charged with a non-violent 2 nd or 3 rd degree felony for purchase or possession of a controlled substance under chapter 893, Florida Statutes. Misdemeanor offenses are allowable. Felony: 18 Months Must attend a minimum of four Narcotics Anonymous (NA) or Alcoholics Anonymous meetings Drug test 2x weekly for 30 days, then random testing Participant Fee: $85/month for 18 months, $20/drug test. Misdemeanor: 6 Months Participant Fee: $75/month for 6 months, $20/drug test Must attend a minimum of four Narcotics Anonymous (NA) or Alcoholics Anonymous meetings Drug test 2x weekly for 30 days, then random testing 37

38 ELEVENTH JUDICIAL CIRCUIT Miami-Dade County Adult Pretrial Drug Court Designee for Handling Transfers Diana Diaz Drug Court Programs Office 1351 Northwest 12 th Street, Room 103 Miami, Florida Phone: (305) Fax: (305) Thomas Luis Drug Court Administrative Assistant Drug Court Programs Office 1351 Northwest 12 th Street, Room 103 Miami, Florida Phone: (305) Fax: (305) Juliet Patrick Phone: (305) Fax: (305) Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections does not supervise cases in this drug court. Participants must be doing well in treatment prior to transfer; credit may be given for time in treatment prior to transfer. Defendants must have a phone number & address. When the Request to Transfer is faxed to the coordinator a copy of the prior charges and the type of prior charges must be included. Once the transfer is reviewed and accepted by the drug court team, a Transfer Acceptance form is faxed back to transferring county. Dually diagnosed defendants must be stabilized & information regarding their treatment must be provided in advance. No history of violent crimes. No more than two prior felony convictions. Charged with possession or purchase of a controlled substance, obtaining a prescription by fraud, or tampering with evidence. 12 Months Minimum 3 Phases: Phase 1 (Appr. 3 weeks), Phase 2 (Appr weeks), and Phase 3 (Appr.8-9 months). Participant Fee: Based on sliding scale ($5/week to $50/week, judge may substitute fees for community service) 38

39 TWELFTH JUDICIAL CIRCUIT Manatee County Adult Pretrial and Post Adjudication Drug Court Important Note Alfred James 920 Manatee Avenue West, Suite 530 Bradenton, Florida Phone: (941) Fax: (941) Debbie Ruggiero Phone: (941) ext Fax: (941) Must also contact the representative in the State Attorney s Office before transferring: Jackie Smith Phone: (941) (direct line ) Fax: (941) jjsmith@scgov.net Transfer of jurisdiction and venue is required by this drug court. The Department of Corrections supervises cases in this drug court. Transfers are given a 2-3 week trial period prior to a decision being made to accept the transfer. The State Attorney s Office requests the file for the case being transferred. No prior violent felony convictions Non-violent drug offenses excluding sales 12 Months Minimum 3 Phases and Pre-graduation: Phase I (30 days min), Phase II (150 days min), Phase III (120 days min), Pre-graduation (30 days min) Random UA's, call in system Participant Fee: $10/week 39