Sarasota Republican Sen. Joe Gruters has filed a new measure (SB 1140) that would create a pilot program designed to manage and monitor individuals charged with, or convicted of, specific offenses related to substance abuse.
The bill would establish the Substance Abuse Accountability Pilot Program in Hillsborough County, which would run from Oct. 1, 2025, through to Sept. 30, 2027.
For individuals charged or convicted of a felony or first-degree misdemeanor who are on probation, community control or any other community sanction — including supervised pretrial release with conditions to abstain from alcohol or controlled substances — the court may identify and designate a subset eligible for the program.
Individuals would then be randomly assigned to participate in the program, which would be capped at 150 offenders participating at any one time.
The program would be designed, implemented and managed by the county Sheriff, who would consult with judicial and law enforcement officials and the Department of Corrections. The Sheriff would also be able to contract with a third party to assist with the program’s design and implementation.
For the program to be fully launched, the Sheriff would be required to oversee the supervision of all participants during their time in the program. Upon discharge, participants will continue to be managed according to current laws for any remaining term of supervision.
Participants would be required to attend an in-person judicial hearing where a Judge would explain the program’s conditions and sanctions for noncompliance. Participants who have been ordered to abstain from alcohol consumption, would be tested twice per day by mobile breath alcohol testing — this would be completed in person at the Sheriff’s Office approximately 12 hours apart.
The bill does, however, allow for a court to determine that in-person testing would be unreasonably burdensome on the participant, and may order the participant to wear a continuous monitoring device capable of detecting alcohol instead.
Participants who have been ordered to abstain from controlled substances would be subject to random testing, which would happen at least every seven days with no fewer than 60 hours between tests. Testing would be completed at a county sheriff’s office or an alternate designated by the sheriff’s office.
Missed tests, failed tests, and alerts by a continuous monitoring device of a positive test result, would be probable cause to assume the participant violated the program. Violations could lead to arrest and being held in a county jail until the participant can appear before a Judge, which would be required to happen within 24 hours.
If a Judge finds that a participant has violated the program, they would then be held in jail for a period of 24 hours but would be credited the hours that passed between the participant’s arrest and appearance before the court.
For those who do not see a Judge within 24 hours of being arrested, the court would be required to release the participant at the earliest opportunity. The bill notes the offender’s release does not end their participation in the program.
Courts would further be able to reduce a participant’s frequency of testing for alcohol consumption to once per day for those participants who demonstrate they have had zero program violations for 60 consecutive days. Courts could further reduce testing for controlled substance abuse participants to once per week if they have had zero violations over a period of six months.
For those who violate the program’s conditions more than five times, a court may remove the participant from the program and sentence the offender according to the law. Offenders would be required to pay all fees associated with their participation, unless a court finds cause to reduce the fees.
The Attorney General would be tasked with evaluating the program’s effectiveness by June 30, 2028, and would be required to submit a report on the program’s results and evaluations to the Governor and the Legislature by Nov. 30, 2028.
The program would be allocated $2.5 million in Fiscal Year 2025-26 from the Opioid Settlement Trust Fund, while program provisions would be repealed Nov. 30, 2028. If passed, the bill would come into effect July 1.
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