SB 1742 Summary

• Creates section 948.205, F.S., establishing a special probation program for drug-dependent offenders, requiring courts to order professional diagnostic assessments when there is reasonable basis to believe an offender may be drug dependent.

• Courts must sentence offenders found to be drug dependent and in need of treatment to special probation with court-supervised drug treatment for a period of not less than 5 years, unless imprisonment is required or specific exceptions apply.

• Offenders initially placed in residential treatment facilities licensed by the Department of Children and Families and Department of Health, with temporary prison placement (up to 6 months) allowed if no vacancy exists; offenders may transfer to nonresidential programs after completing residential treatment.

• Establishes penalties for violations of special probation terms, including positive drug tests or unexcused absences, allowing courts to revoke special probation after a first violation or impose short-term incarceration (30 days to 6 months) for second violations to motivate treatment compliance.

• Requires offenders to pay treatment costs and applicable fines, fees, and restitution; allows early discharge from special probation after serving at least 2 years if offender demonstrates satisfactory treatment completion and no substantial violations within preceding 12 months.