WEB SITE:  www.american.edu/justice/florida.htm

        The state of Florida contains two types of drug courts.  The first is a pretrial intervention and the second is a probationary program.  The pretrial intervention drug court is available only to people who have been charged with a nonviolent felony of the third degree.  In order to be a part of this program there are a few points which must be followed:  Program must be approved by the chief judge of the circuit defendant must agree to enter the program and waive speedy trial.   At the end of the intervention period, the administrator recommends that: "1) prosecution resume 2) defendant continue in program or 3) charges be dismissed without prejudice" (www.american.edu/justice/florida.htm).   People who are caught selling or delivering (S893.13), or who are convicted with a second degree felony have a different course in which they must take. The person shall be on probation for no less than 18 months and must live in a community residential drug punishment center for 90 days.  There is a fine of $500 to $10,000.  Also, the person is required to participate in a substance abuse education or treatment program.  They will complete 100 hours of community service.  There will be random drug testing and they must join a self-help group (Narcotics, Cocaine, or Alcoholics Anonymous).  If the person had been previously convicted of one or two felony charges then

the sentence (probation) is much harder.  The probation time gets longer, as does the stay in the residential center.  Also, more hours of community service are required and the fine is higher.

      The treatment plan in Pensacola, Florida consists of three different phases.  The first phase begins with day treatment.  The defendant must meet for hours a day, four days a week, for up to eight weeks.  Phase II is called intensive outpatient.  This phase requires four hours a day for three days a week, up to four months.  The last phase is only three hours a day, two days a week, for up to six months.  In Phase I the person is drug tested

two times a week, Phase II is once a week, and Phase III only requires a test when requested.

      The state of Maryland has an interesting drug court called S.T.E.P.  The individuals who participate in the program are generally referred by the state, defense, or court.  Sometimes people are referred before their trial and sometimes after the defendant has already posted bail.  Two instruments are used in determining what degree of treatment is needed for the individual, and they are the Addiction Severity Index and the Psychopathy

Checklist Revised.  The ASI test is used to see how dedicated the individual is to getting help and it also retains details about family and other relationships.  The test also retrieves facts on health and employment.  If one is caught lying during the test, he or she is immediately disqualified. The  PCLR tries to find a relationship between the individual's behavior and criminal activity. 

      The next step is for the State's Attorney Office to come up with an individual case management plan and to present it at the first Drug Court hearing.  In order to join the program the defendant must plead guilty and sign the STEP agreement.  The defendant is now on probation, which will be dropped after the person graduates from the program.  The program has five components which include:

    1.Report to a treatment provider 5 days weekly or as required.

    2.Report to case manager/probation agent twice weekly or as required.

    3.Provide urine samples twice weekly or as required.

    4.Attend Narcotics Anonymous meetings daily until entrance into the

    treatment program or as required by the court.

    5.Appear in court twice monthly for progress conferences or as required by

    the court (http:www.american.edu/academic.depts/spa/justice/manual2.htm).

    An aspect that is much different from Blount County's Drug Court program is the progress conferences.  These are much like the Monday morning meetings held in Blount County, only these occur only every two to six weeks.  Much like Blount County, the same materials are covered in these meetings including:  progress in group and participation.  Another major difference between the two Drug Courts is in Maryland if treatment is not followed

correctly a completely different type of punishment is applied: 

    1.Verbal admonishment

   2.Increased supervision and treatment requirements

    3.Increased urinalysis

    4.Community Service

    5.Electric monitoring

    6.Shock incarceration     

      (http://www.american.edu/academic.depts/spa/justice/manual2.htm).

Jail is not mentioned as a punishment for not complying with the rules. In cases where someone is continuously breaking the rules, they are terminated.

      An individual who has not partaken in drugs in thirty days is eligible for something called a work crew.  This is a great opportunity for the individual to learn carpentry skills.  This also gives him or her a chance to become crew chief and be paid hourly. 

      The average length of someone's treatment at STEP is one year.  This can vary from

person to person.  A defendant that has stayed drug free for a solid six months and has been in the program for at least nine months, is also eligible for graduation.  When finally released from the program, the defendant must participate in outpatient programs.  Even if the person does not have the money to pay for these treatments, they are never turned down.

      Both drug courts have many similarities with Blount County's Drug Court, yet they also have their differences.  Ultimately, all three appear to be successful in helping people rid themselves of their drug addiction and teaching people how to deal with everyday life.

Kendra Barker

10-2-00