Who Moved The ?

Transforming the Justice System

A Short History of Florida’s Drug Courts•Established in 1989 in Dade County•Replicated in Broward County in 1991•Became Mandatory for each Circuit in

2000•Became Voluntary in 2006 after Art. V,

Rev. 7•Expanded by Stimulus Dollars and

Legislative Initiative in 2009•Glitch Bill 2011•Perhaps Reentry in 2012

ARTICLE VRevision 7

• Deleted the state mandate of a drug court in each circuit

• Added option of a drug court in each county

• HOWEVER, included drug court coordinators in case management – essential to the courts

The Growth of Drug Courts

32 3442

55

69

7989 92

102108

112

30405060708090100110120

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Senate Bill 1726 (2009)•Lists factors to be Considered in

Placement of Offenders in Post-adjudicatory Drug Court▫Assessment of Defendant’s Criminal History▫Substance Abuse Screening Outcome▫Amenability to the Services of Program▫Total Sentencing Points▫Recommendation of the Prosecutor &

Victim, if any▫Defendant’s Agreement to Enter Program

Eligibility•Non-violent third degree felony or any other felony offense that is not a forcible felony as defined in section 776.08

•52 Points or Less•Substance Abuse Disorder•Probation Violation

Expansion of Pre-Trial Drug Court

Non-violent third degree felony or any other felony offense that is not a forcible felony as defined in section 776.08

Identified as Having Substance Abuse Problem

No Prior Felony ConvictionDeleted Prior PTI Admission as an

Exclusion

Expansion of Drug Offender Probation

Added non-violent third degree felony under chapter 810 or any other felony offense that is not a forcible felony as defined in section 776.08 with 52 Points or less

FUNDING$825,000 to OSCA for data collection$175,000 to OSCA for administration

and data collection$750,000 to Public Defenders for

Expansion$1.5 million to State Attorneys for

Expansion$17,633,222 for treatment, case

management, and drug testing

◦ All Stimulus Dollars

GOAL•Provide the State with 5 to 1+ return on

its investment of $20,883,223▫Target 4,000 non-violent, third-degree or

other non-forcible felony offenders with scores of 52 or less for post-adjudicatory drug courts

▫Anticipate 2,000 successful completions (a 50% failure rate as indicated by the OPPAGA study)

▫Anticipate 1,600 successful completers will not reenter Florida’s prison system (80 % success as indicated by the OPPAGA study)

5:1+ RETURN ON INVESTMENTReduce prison building by $100

million = one prison (1,200 offenders)

1,600 offenders diverted from prisonPlus yearly operational costs of $32

million over multiple yearsBONUS: Enhanced Public Safety by

Reduction in Recidivism and associated costs

MEANS TO THE ENDPrioritize the nine counties that send the

most offenders in the targeted population to Florida prisons:

1. Hillsborough 1,2242. Duval 1,1703. Broward 9954. Polk 8745. Pinellas 7686. Orange 7207. Marion 6318. Volusia 5859. Escambia 506

BASELINE TREATMENT AND DRUG TESTING COSTS $3,500 per offender

This baseline takes into account:› Not all offenders will need the same

amount of treatment› Minimum of 50% of targeted offenders

will complete treatment› Offenders will contribute to treatment

costs› Communities will contribute to overall

services

TOTALS – Annual and Two Year Projection Treatment and Drug Testing $ 7,000,000 Case Management – Supervision 750,139 Case Management – Courts 665,477

Indirect Costs (Counties/OSCA) 387,729 Travel and Administrative Costs 13,366TOTAL ANNUAL EXPENSE 8,816,611

Two Year Projection $17,633,222

Statewide Data System $1,000,000 Development

Expansion Admissions

•As of early September 13, 2011, 1,160 are participating in the expansion programs.

•Hillsborough and Broward lead the admissions.

•Broward has had 259 admissions with 41 terminations, which leads the State in overall participation

•Hillsborough leads the State in successful completions

•All Good News

Challenges: Enter the Glitch Bill

Confusion with new post-adjudicatory eligibility criteria

Eligibility criteria is too restrictive◦Increase eligibility criteria to all technical violations of probation rather than limiting them to just failed drug test violations

◦Consider increasing sentencing point threshold above 60 points

2011 Glitch Bill•Clarify eligibility criteria for post-

adjudicatory drug court programs.

•Expand criteria to allow more non-violent offenders to participate.

•This was all accomplished with 2011 legislation championed by Rep. Rousson. All recommendations for expanding eligibility was accomplished.

SUCCESS: This an opportunity for drug courts and substance abuse treatment to stake its claim.

▫Enhance Public Safety▫Reduce Recidivism▫Save $100M+ Dollars▫Restore Productive Citizens

Drug Court Reentry Program▫The DOC will identify eligible offenders

convicted of non-violent third degree felonies.▫After the offender has completed at least one

half of his prison sentence, the DOC will recommend the offender’s participation to the sentencing judge.

▫The State has the opportunity to object.▫ If accepted, the offender will participate in the

in-custody reentry program for 120 days.▫Upon successful completion, the sentencing

judge will modify the offender’s sentence to drug offender probation.

•The offender will step-down into an appropriate community-based treatment program (work release, residential treatment, half-way house, day treatment, out-patient therapy).

•The local drug court will monitor the offender’s participation.

•Failure will return the offender to finish the initial sentence with forfeiture of any gain time.

HB 177

•Sponsored by Senator Ellyn Bogdonoff and Representative Ari Porth

•Previously supported by Tax Watch, Associated Industries of Florida, The Coalition for Smart Justice, FADAA, FADCP, and many other treatment wise groups.

•Your support is needed.

WHY?

Because of YOU!

The Cheese Has Moved!•Now, I don’t have to explain what a drug

court is.•Now, the State wants to know how drug

courts can improve the criminal justice system and save dollars.

•Now, the OSCA fully supports drug courts.•Now, the Senate Criminal Justice Committee

asks for presentations on drug courts.•Now, it’s drug court’s time to shine, but not

without pulling its own weight.

A Great Big Thank You!

•Without the Commission on Substance Abuse, our drug courts would not exist, could not expand, could not survive!

•Without the Commission, Broward County would not lead the State in: Prevention

Diversion

InterventionReentry

The Cheese Has Moved!