Judicial circuits may create community court programs for certain misdemeanor defendants, but participation must be voluntary and the program must meet several staffing, review, reporting, and funding requirements.
948.081 Community court programs.—(1) Each judicial circuit may establish a community court program for defendants charged with certain misdemeanor offenses. Each community court shall, at a minimum:(a) Adopt a nonadversarial approach. (b) Establish an advisory committee to recommend solutions and sanctions in each case. (c) Provide for judicial leadership and interaction. (d) In each particular case, consider the needs of the victim, consider individualized treatment services for the defendant, and monitor the defendant’s compliance. (2) The chief judge of the judicial circuit, by administrative order, shall specify each misdemeanor offense eligible for the community court program. In making such determination, the chief judge shall consider the particular needs and concerns of the communities within the judicial circuit. (3) A defendant’s entry into any community court program must be voluntary. (4) The chief judge shall appoint a community court resource coordinator, who shall:(a) Coordinate the responsibilities of the participating agencies and service providers. (b) Provide case management services. (c) Monitor compliance by defendants with court requirements. (d) Manage the collection of data for program evaluation and accountability. (5) The chief judge of the judicial circuit shall appoint members to an advisory committee for each community court. The members of the advisory committee must include, at a minimum:(a) The chief judge or a community court judge designated by the chief judge, who shall serve as chair. (b) The state attorney or his or her designee. (c) The public defender or his or her designee. (d) The community court resource coordinator. The committee may also include community stakeholders, treatment representatives, and other persons the chair deems appropriate. (6) The advisory committee shall review each defendant’s case. Each committee member may make recommendations to the judge, including appropriate sanctions and treatment solutions for the defendant. The judge shall consider such recommendations and make the final decision concerning sanctions and treatment with respect to each defendant. (7) Each judicial circuit shall report client-level and programmatic data to the Office of the State Courts Administrator annually for program evaluation. Client-level data include primary offenses resulting in the community court referral or sentence, treatment compliance, completion status, reasons for failing to complete the program, offenses committed during treatment and sanctions imposed, frequency of court appearances, and units of service. Programmatic data include referral and screening procedures, eligibility criteria, type and duration of treatment offered, and residential treatment resources. (8) The Department of Corrections, the Department of Juvenile Justice, the Department of Health, the Department of Law Enforcement, the Department of Education, law enforcement agencies, and other governmental entities involved in the criminal justice system shall support such community court programs. (9) Community court program funding must be secured from sources other than the state for costs not assumed by the state under s. 29.004. However, this subsection does not preclude the use of funds provided for treatment and other services through state executive branch agencies.