Loading…
7 verbatim requirements from 4.010 -Establishment of an Adult Diversion Treatment-Based Drug Court Program.
Sixteenth Judicial Circuit (Monroe). Procedural information only; not legal advice.
• Those eligible for the pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established . pursuant to §397.334, and more specifically in 948.08 (6)(a), shall include any person who is charged with a felony of the second or third degree for the purchase or possession of a controlled substance under Chapter 893, Florida Statutes, prostitution; tampering with evidence, solicitation for purchase of a controlled substance, or obtaining a prescription by fraud; who has not been charged with a crime involving violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home invasion robbery, or any other crime involving violence; and who has not previously been convicted of a felony nor been admitted to a felony pretrial program referred to in this section. • Upon receipt of the defendant's name, the Drug Court Case Manager shall notify the defendant, and the defendant's attorney of record, if any, prior to conducting a screening interview with the defendant. At the interview, a representative of the Drug Court will explain the purpose and operation of the program to the defendant, and determine whether or not the defendant wishes to participate in the program. If the defendant does not wish to participate in this program, the case will remain on the criminal docket and the State Attorney's Office is free to proceed with prosecution of the defendant. • If the defendant does wish to participate in the program, personnel of the 16th Judicial Circuit Drug Court Program shall prepare the placement paperwork. The placement paperwork shall stipulate that the program will last for no less than twelve (12) months for felony defendants. This document shall also state the conditions of the defendant's enrollment in the 16 th Judicial Drug Court in order to receive substance abuse education, intervention and treatment services. • During the period of the defendant's participation in the 16th Judicial Circuit Drug Court Program, the Drug Court shall monitor the defendant's treatment progress and compliance with the rules and regulations. • In the event that the defendant violates the conditions of the program, the alleged violation shall be treated as an alleged violation of the terms and conditions of treatment. The Drug Court personnel shall notify the defendant, the Drug Court Judge, and the State Attorney of the alleged violations and have the matter set for hearing. • If a defendant's participation in the program is terminated for cause, the defendant's case shall be remanded to the division from which the case originated prior to its referral to Drug Court. • Upon the successful completion of the Program by the defendant, the Court shall make findings regarding the defendant's successful completion of the Program and dismiss the charge( s). Any person whose charges are dismissed after successful completion of the treatment-based drug program, if otherwise eligible, may have his or her arrest record and plea of nolo contendere to the dismissed charges expunged under Florida Statute 943.0585.
Those eligible for the pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established . pursuant to §397.334, and more specifically in 948.08 (6)(a), shall include any person who is charged with a felony of the second or third degree for the purchase or possession of a controlled substance under Chapter 893, Florida Statutes, prostitution; tampering with evidence, solicitation for purchase of a controlled substance, or obtaining a prescription by fraud; who has not been charged with a crime involving violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home invasion robbery, or any other crime involving violence; and who has not previously been convicted of a felony nor been admitted to a felony pretrial program referred to in this section.
Reviewer note: PDF sha256: 27c3f6f01d2c6b1310034b395d7c6ac158cbf2fff14de942b7ccccd07f0abc70. Read from the ORDERED section as numbered paragraphs. Verbatim from the operative section of https://e7tb82hwrcn.exactdn.com/wp-content/uploads/administrative-orders/Section%2004%20Circuit%20Court%20Criminal/4.010%20-Establishment%20of%20an%20Adult%20Diversion%20Treatment-Based%20Drug%20Court%20Program.pdf, harvested 2026-08-02; whitespace normalised only. [moved from the text 2026-09-14]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.