IN THE CIRCUIT
COURT, SIXTH JUDICIAL CIRCUIT
IN
ADMINISTRATIVE ORDER NO. 2011-053 PI-CIR
RE:
In order to
implement the changes to the eligibility criteria adopted by the Legislature in
SB 400, Ch. 2011-33, Laws of Fla., and
In accordance with
Article V, §2, Florida Constitution, Rule of Judicial Administration 2.215, and
§43.26, Florida Statutes,
IT IS ORDERED:
1. The State Attorney’s office shall identify those defendants who meet the criteria to be included in the drug court expansion and transferred to section Z. The criteria are listed in Attachment A. Only those defendants who meet the criteria specified in Attachment A, who are approved by the State Attorney, and who are authorized by the section judge, including the section N or Q judge, as appropriate for section Z, shall be transferred to section Z.
2. All other terms and conditions of Administrative
Order 2009-074 not in conflict with this Administrative remain in full force
and effect. All other terms and
conditions of Administrative Order 2007-001 remain in full force and effect.
DONE
ORIGINAL
SIGNED on October 18, 2011
BY J. THOMAS MCGRADY, CHIEF
JUDGE
cc: All Pinellas Judges
The Honorable Bernie McCabe, State Attorney
The
Honorable Bob Dillinger, Public Defender
The Honorable Ken Burke, Clerk of
the Circuit Court, Pinellas County
The
Honorable Jim Coats, Sheriff, Pinellas County
John Hendry, Regional Counsel
Gay Inskeep, Trial Courts
Administrator
Myriam
Irizarry, Chief Deputy Director, Pinellas County Clerk’s Office
Bar Associations, Pasco and
Pinellas Counties
Law Libraries, Pasco and
Pinellas Counties
ATTACHMENT A
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Criminal
Section/Section N ò Section Z (s. 948.01) |
The Court may place a Defendant into the drug court program in section Z as a condition to probation or community control if the Defendant: £ Committed
an offense on or after £ Sentence points on the Criminal Punishment Code score sheet are not more than 60 points £ Is a nonviolent offender, meaning: o A third-degree felony violation under chapter 810 (burglary or trespass), or o Any other felony offense that is not a forcible felony as defined in section 776.08, Fla. Stat. £ Is
amenable to substance abuse treatment £ Is
otherwise qualified under section 397.334(3) |
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Section Q ò Div. Z (s. 948.06) |
The Court may order a Defendant to complete the drug court program in section Z if: £ The Court finds or the Defendant admits a violation of probation or community control £ Sentence points are not more than 60 points (including points for the violation) £ The underlying offense is a nonviolent felony, meaning: o A third-degree felony violation under chapter 810 (burglary or trespass), or o Any other felony offense that is not a forcible felony as defined in section 776.08, Fla. Stat. £ The Defendant is amenable to substance abuse treatment £ The Defendant agrees to participate after explanation of the program £ The Defendant otherwise qualifies under section 397.334(3) |
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s. 397.334(3)--Entry into any postadjudicatory treatment-based drug court program, as a condition of probation or community control (pursuant to sections 948.01, 948.06, 948.20), must be based on the sentencing court’s assessment of the Defendant’s: £ Criminal history £ Substance abuse screening outcome £ Amenability to the services of the program £ Total sentence points £ Recommendation of the State Attorney and victim (if any) £ Agreement to enter the program |
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