Drug Court – Eighteenth Judicial Circuit Courts

Adult Drug Court

The mission of the Problem-Solving Courts, including Drug Court, is to unite the judiciary, criminal justice entities, substance abuse treatment providers, and the community into a single program that reduces substance abuse by nonviolent offenders, restores them to law abiding productivity while lessening the fiscal impact on society.

In partnership with the community, the Drug Court Program is a cost-effective, holistic approach to reducing previous criminal behavior by offering qualified substance abuse offenders the tools necessary to lead a productive drug-free, and crime-free life.

Brevard County's
Problem-Solving Courts Manager:
Jean Bandish
2825 Judge Fran Jamieson Way
Viera, Florida 32940
Office: (321) 617-7375

Seminole County's
Problem-Solving Courts Manager:
J'neen Rice
101 Eslinger Way
Sanford, Florida 32773
Office: (407) 665-4966

Brevard County Adult Drug Court

(Also known as Pretrial Intervention Drug Court)

WHAT IS PRE-TRIAL INTERVENTION (PTI) DRUG COURT?

WHAT IS PRE-TRIAL INTERVENTION (PTI) DRUG COURT?

PTI Drug Court is a voluntary diversion drug treatment program. This means your case is diverted from formal prosecution and the trial court process. The length of the program is approximately 12-18 months, however there is a possibility of early termination when program requirements are completed. Additionally, upon completion of the program your felony charge(s) will be dismissed.

HISTORY:

Recognizing the need for an alternative to prosecution and incarceration for drug offenders, Brevard County implemented the PTI Drug Court Program in 1994. Modeled after nationally recognized drug courts, it offers a continuum of drug education and treatment alternatives for felony drug offenders. The court proceedings are unique in that they are non-adversarial in nature with a dedicated Drug Court Judge who oversees each participant's progress. The Drug Court Judge places the defendants in the program, monitors their progress, and orders dismissal of the charge (or charges) when all program objectives have been satisfied. The Judge's actions in Drug Court are not strictly to punish, but to hold the defendants accountable for their actions while receiving substance abuse treatment.

Drug Court clients are supervised by the Department of Corrections until they graduate. Failure to comply will result in the criminal case being sent back to criminal court docket. Each phase is designed to become easier as the participant progresses.

ELIGIBILITY: FLORIDA STATUTE 948.08 (6)

Identified as having a substance use and/or mental health problem
Charged with a non-violent felony
No prior felony convictions
Age 18 or older

BENEFITS OF THE PROGRAM

Receive necessary drug/alcohol/mental health treatment
Avoid a felony conviction
Possibility of early termination
Felony charges(s) are dismissed upon successful completion of the program
Possibility of record expungement

PROGRAM REQUIREMENTS

Outpatient treatment
Inpatient/residential treatment (if necessary)
Random drug testing
Mental health treatment (if necessary)
Participation in self-help groups (AA, NA etc.)
No new law violations
Monthly reporting

HOW THE PROGRAM WORKS

You will be required to successfully complete all 4 phases of the program.

Phase 1: Orientation, Assessment and Drug Education
Phase 2: Stabilization and Intensive Therapy
Phase 3: Relapse Prevention
Phase 4: Maintenance and Community Transition

HANDBOOK

View the Brevard County Pretrial Intervention Drug Court Program Participant Handbook

FEES ASSOCIATED WITH THE PROGRAM

One-time cost of prosecution = $100
Cost of Investigation (COI) varies (specific to your case)

Probation cost of supervision ($0-$25/mo)
One-time Department of Corrections (DOC) drug testing fee= $30 Moral Recognition Therapy (MRT) Workbook = $27

Monthly Treatment costs = $200/mo

CONTACT INFORMATION

For additional information, please contact:

Jean Bandish – Problem-Solving Courts Manager
The Moore Justice Center
2825 Judge Fran Jamieson Way, 2nd Floor
Viera, Florida 32940
(321) 617-7375
Email: Jean.Bandish@flcourts18.org

Seminole County Adult Drug Court

PROGRAM HISTORY

The Seminole Drug Court concept is based on an innovative program that was first developed in Dade County (Miami, Florida) in 1989. Other types of problem-solving courts followed in the 1990’s to assist individuals with specific needs and problems that were not or could not be adequately addressed in traditional courts. Problem-solving courts use the drug court model to help address specific issues that will benefit the individual, victim, and society. The specific issues may include, but are not limited to, drug abuse, mental illness, veterans' issues, and domestic violence.

In 2001, the Florida State Legislature stated its intent that Drug Courts be implemented “in each judicial circuit in an effort to reduce crime and recidivism, abuse and neglect cases, and family dysfunction by recognizing that the integration of judicial supervision, treatment, accountability, and sanctions greatly increases the effectiveness of substance abuse treatment.” Even though drug courts originated in 1989 in Dade County, there had not been any movement towards the startup of such a specialty court within Seminole County until Judge Gene R. Stephenson was transferred to the Civil Division at the Seminole County Courthouse in 1999.

After taking the initiative to talk to other Drug Court judges across the state, Judge Stephenson, along with a visionary group of justice professionals, decided that the system as it existed, was broken and there had to be a better way to break the cycle of addiction which is the most predominant cause of cases entering the justice system. A public steering committee convened in order to develop the guidelines needed to establish a program in Seminole County and on July 12, 2001, Judge Stephenson presided over the first Seminole County Adult Drug Court docket.

Today, there are over 2,700 Drug Courts or related specialty courts operating in the U.S. and its territories. There are currently 95 Drug Court programs in Florida operating in the felony, misdemeanor, juvenile delinquency, and family dependency divisions of the various judicial circuits.

TARGET POPULATION

Participants are Seminole County residents, 18 years or older, whose current charge is a non-violent felony and who have been diagnosed with a substance abuse disorder as their primary condition. The program/project serves two populations: 1) first-time felony offenders in a Tier- One Pre-Trial Intervention track and 2) offenders who have been arrested more than once and show evidence of a significant substance abuse problem. Excluded from participation are serious offenses and prior or current violent or criminal felony offenses relating to drug trafficking and importation.

PROGRAM OBJECTIVES

Promote public safety.
Reduce criminal recidivism and its associated costs to the citizens of Seminole County.
Assist and support criminal justice involved Veterans through a coordinated system of court appearances, treatment, community supervision and mentoring to ensure compliance with treatment and other court ordered conditions.
Integrate community based and Veteran’s Administration treatment programs for our Veterans.
Ensure all Veterans’ benefits and services are fully accessible by our Veterans.
Assist our Veterans in restoring core military values into their daily routine.

ELIGIBILITY CRITERIA

ELIGIBILITY CRITERIA FOR THE REGULAR ADULT DRUG COURT PROGRAM (for defendants with significant substance abuse issues):

The defendant must have a serious substance abuse problem requiring treatment. A substance abuse assessment by the program’s authorized evaluator is required.
Must be a Seminole County resident, have a drug-free stable place to reside, and reliable transportation.
Must be mentally capable of benefiting from the Adult Drug Court and possess the motivation to complete the program.
All cases must be approved by the State Attorney’s Office. Individuals charged with first time possession or purchase of a controlled substance are eligible to apply for acceptance into the program.
Individuals who are charged with, or who have a prior record of, sale or delivery of a controlled substance or possession with intent to sell or deliver a controlled substance are not eligible for Adult Drug Court.
Individuals who are charged with any other 2nd or 3rd degree felony may request the State Attorney review their case for consideration for the program. Factors which will be used to determine acceptance include the facts of the current case, victim consent, and prior record.
Violation of Probation or Community Control cases are eligible for acceptance.
Participants are required to pay the program fee of $1,000.00, any restitution applicable, any cost of investigation applicable, and $100.00 per case cost of prosecution.

Persons entering the program are required to enter a plea and their sentences are deferred until the completion of the program. Upon entering the program each individual is placed under the supervision of the Department of Corrections/State Probation, for a period of 12 to 18 months in order to monitor them while in the program.

All Adult Drug Court participants must complete substance abuse treatment that will be delivered in the following four drug court program phases. The length of program phases will vary depending on individual progress.

PROGRAM PHASES:

You must complete substance abuse treatment that will be delivered in the following four Drug Court Program phases. The length of program phases will vary depending on your individual progress. The below guidelines are the minimum requirements:

DRUG COURT PHASES

PROGRAM PHASES:

Phase 1: Stabilization Phase lasts a minimum of 1 month:

Mandatory drug testing on Mondays and Fridays with random urinalysis on all other days
Attend group therapy session(s) per week as directed by substance abuse counselor
Attend monthly individual session(s) as directed by substance abuse counselor
Attend court sessions bi-weekly
Maintain court-approved housing
Attend 1 monthly office meeting with Probation Officer
Indicate an initial understanding of substance abuse treatment
Attend and submit 4 NA/AA or approved community recovery support group meetings per week
Must have 20 consecutive clean urine days to be eligible for advancement to Phase 2

Phase 2: Intensive Treatment lasts a minimum of 3 months:

Weekly random urinalysis
Attend group therapy session(s) per week as directed by substance abuse counselor
Attend monthly individual session(s) as directed by substance abuse counselor
Attend court sessions bi-weekly
Locate/maintain court-approved employment, training and/or education
Maintain court-approved housing
Begin paying towards program fees
Attend 1 monthly office meeting with Probation Officer
Indicate an appropriate understanding of recovery principles
Attend and submit 3 NA/AA or approved community recovery support group meetings per week
Must have 45 consecutive clean urine days to be eligible for advancement to Phase 3

Phase 3: Relapse Prevention lasts a minimum of 5 months:

Weekly random urinalysis
Attend group therapy session(s) per week as directed by substance abuse counselor
Attend monthly individual session(s) as directed by substance abuse counselor
Attend 1 court session per month
Maintain court-approved employment, training and/or education
Maintain court-approved housing
Complete payment of program fees in full
Attend 1 monthly office meeting with Probation Officer
Indicate an appropriate understanding of a recovery lifestyle
Attend and submit 3 NA/AA or approved community recovery support group meetings per week
Must have 90 consecutive clean urine days to be eligible for advancement to Phase 4

Phase 4: Community Transition lasts a minimum of 3 months:

Weekly random urinalysis
Attend group therapy session(s) per week as directed by substance abuse counselor
Attend monthly individual session(s) as directed by substance abuse counselor
Attend 1 court session per month
Maintain court-approved employment, training and/or education
Maintain court-approved housing
Attend 1 monthly office meeting with Probation Officer
Indicate an appropriate understanding of community transition
Attend and submit 2 NA/AA or approved community recovery support group meetings per week
Must have 90 consecutive clean urine days to be eligible for graduation

Once completion has taken place, the plea is withdrawn and the charges are Nolle Prossed by the State Attorney, which states that they are essentially, dismissed.

ELIGIBILITY CRITERIA FOR TIER-ONE/FIRST-TIME OFFENDERS PROGRAM includes the following criteria:

Must not have significant addiction issues. A substance abuse assessment by the program’s authorized evaluator is required.
Must be a Seminole County resident, have a drug-free stable place to reside, and reliable transportation.
Must be mentally capable of benefiting from the Tier One program and possess the motivation to complete its requirements.
Charged with a third degree felony for possession of a controlled substance or a 2nd felony purchase of a controlled substance under Chapter 893.
No previous felony convictions.
No previous admission to a felony pretrial program.
No more than one prior misdemeanor conviction.
No violation of probation cases are accepted
No evidence of sale of controlled substance in current case or prior felony criminal conviction.
No DUI charges may be diverted through this program.

All Tier-One participants must complete the following components:

6-week Drug Education Class
STD Awareness Class
Life Skills Assessment and any recommended training
Case Management
Monthly Probation Supervision
Random Urinalysis
Mandatory Court Appearance
Pay all program fees:
$1,000.00 Tier One Program Fee
$100.00 Cost of Prosecution
Four (4) percent surcharge to the Department of Corrections
Twenty-five (25) hours Community Service.
Pay cost of investigation, if any
Restitution is required, if applicable.

Upon full completion of the 6-12 month Tier One Drug Court program, the felony charge(s) will be dismissed by the State of Florida.

ADDITIONAL INFORMATION