Whereas, drug and drug-related cases constitute a significant portion of the overall caseload in the Eighth Judicial Circuit, thereby indicating drug and drug-related offenses are having a considerable adverse impact in the community served by the Eighth Judicial Circuit Court; and

Whereas, the Governor of Florida and the Supreme Court of Florida have made drug court expansion a priority, and have urged all circuits in Florida to have operational adult and juvenile drug courts; and

Whereas, there is strong community support for providing these services, as well as support from the State Attorney, the Public Defender, and local law enforcement; and

Whereas, the Court Administrator's Office of the Eighth Judicial Circuit, in partnership with Alachua County, determined that an adult felony drug court for offenders who have been arrested on drug or drug-related offenses was feasible and practicable. It is therefore

ORDERED as follows:

1. The Eighth Judicial Circuit, and Alachua County Felony Drug Court Program ("Drug Court") is established in Alachua County.

2 The Family Court Division will include all drug courts for administrative purposes and the Administrative Judge of the Family Court Division will act as the Drug Court Judge. In the absence of the Administrative Judge of the Family Court Division, the assignment will be made to another judge. The administration of the program will be operated by the Department of Court Services Drug Court Division know as W. O. Beauchamp Drug Court Services.

3. The Program will follow the pre-adjudicatory model, allowing participants to enter Drug Court as a condition of their pretrial release.

4. Participants may be referred to Drug Court screening from first appearance, the State Attorney, the Public Defender, private attorneys and/or family members. Referring charges must be non-violent felonies as defined by the State Attorney's Office. All referrals must be approved by the State Attorney's office as a condition of continued participation in the program. Misdemeanor charges that are combined with the original felony charge may be referred with the felony charge. If a defendant is currently participating in the Drug Court Program and has additional misdemeanor or criminal traffic charges that do not involve supervised violations of probation, these additional cases shall be added to the drug court calendar. If a defendant does not successfully complete the Drug Court Program, the misdemeanor and criminal traffic cases will be returned to the original docket.

5. At the time the State Attorney's Office files a "Referral to Drug Court" notice, the case will be moved off the felony case docket and placed on the Drug Court docket. Upon completion of the first phase of the program, the State Attorney's Office will file a Deferred Prosecution Agreement in the relevant cases. If, for any reason, the Drug Court Judge declines to accept a defendant into the Program, or a person is removed from the program, a notice of reinstatement ofprosecution will be filed and the case will return to the original division for disposition and further proceedings as necessary. If discharged from Drug Court, the defendant will be subject to the same conditions of release that were in effect at the time defendant entered Drug Court.

6. Participants for the Program will be selected from defendants with drug or drug-related charges, including charges that result from or are engendered by drug usage. Such defendants shall be screened for program eligibility by the Drug Court staff. Eligibility criteria for participation in the Program are:

a. The charge is a non-violent felony offense

b. The defendant is not currently on state probation or Violation of Probation status for any felony offense.

c. If charged with a property offense, the defendant can be admitted if restitution issues are addressed.

d. Sale of a controlled substance or possession with intent to distribute charges are eligible at the discretion of the State Attorney's Office.

e. If a defendant's criminal history indicates a failure to appear in court risk or a risk to violate, but is otherwise eligible for Drug Court, placement is available in Work Release for a minimum of 90 days, allowing the defendant to attend Drug Court activities and pursue employment.

7. Drug Court includes three phases, with minimum periods of sobriety set before advancing to the next phase or graduating. Activities in each phase include random urinalysis, case management, group sessions and court appearances. As the client progresses, and at the discretion of the Drug Court Team, the intensity of the required appearances will be lessened.

8. The Drug Court Team will consist of the Administrative Judge of the Family Court Division or a designee, the Drug Court Manager, Drug Court staff, an Assistant State Attorney, an Assistant Public Defender, and treatment providers. The provider agency will work in tandem with the Drug Court Team to provide the treatment required by each participant, and will be a member of the Drug Court Team, allowing for information regarding the defendant to be forwarded to the Drug Court judge.

9. Drug Court will be in session one day a week as directed by the Drug Court Judge. Initially, all Program participants shall attend court on a weekly basis. Court attendance may decrease as the participants proceed through the Program. Notices, if needed, will be provided in open court.

10. The bailiffs shall adhere to the security procedures outlined in Administrative Order No. 8.1180 (A), for courtroom decorum and management as directed by the presiding judge; prisoner handling procedures; facility procedures; arrest procedures; and night security and other duties when Drug Court is in session.

ORDERED on July 25, 2002.

__/s/__________________________
STAN R. MORRIS, CHIEF JUDGE