DETRR Program

The Office of the State Attorney in Hillsborough County, in the Thirteenth Judicial Circuit, created a new diversion program called the Drug Education and Treatment Reducing Recidivism (DETRR) Program.

Contact an attorney at Sammis Law Firm to see if you might meet the eligibility criteria for admission into the new DETRR diversion program.

Once approved, you must sign an agreement showing that both you and your defense attorney agree that it is in your best interest to participate in the program. DETRR Program Level One typically lasts for a period of six (6) months that begins when you sign and submit the agreement.

If you enter the DETRR program, the Office of the State Attorney defers the prosecution while you complete the program. If you fail to successfully complete the program, then your prosecution will resume. If you complete the program, then your charge or charges will be nol prossed (nolle prosequi).

For the DETRR diversion program, you must report to the Department of Corrections directly after court, Room 348 (third floor of Criminal Court Annex), with a copy of your contract. Then you will receive instructions about how to make your payment to the Department of Corrections.

The program requires an evaluation and treatment by a substance abuse community treatment provider including ACTS, DACCO, Phoenix House, Tampa Crossroads, or Westcare.

Payments can be made to the clerk of court at the Edgecomb Courthouse, the  Plant City Courthouse, the Brandon Regional Service Center, or the Southshore Regional Service Center.

Attorney for the DETRR Diversion Program in Tampa, FL

Entering a diversion program is not always the best result. If you are actually innocent of the crime or if the prosecutor is unable to prove the charge beyond all reasonable doubt, then the best result is getting the charges dropped on their merits.

When it comes to dealing with the collateral consequences of the accusation, many employers and licensing boards consider a diversion program to be very similar to a conviction.

An attorney can help you decide whether you should fight your charges. The attorney can also explain the pros and cons of entering a diversion program.

Call 813-250-0500.

Pros and Cons of Entering the DETRR Program?

At any time while you are in the program, if the State determines that you failed to comply with the terms and conditions required under the Agreement, the State will unsuccessfully discharge you from the program, and the Office of the State Attorney will resume prosecution of the case.

At the end of the program period, if you have fulfilled all of the obligations listed in the agreement, then the Office of the State Attorney will enter a nolle prosequi on the case or cases that are the subject of this Agreement, and prosecution will terminate.

Rights You Give Up By Entering the DETRR Program

For the Level I version of the agreement, you are required to acknowledge and agree to the following:

I HAVE BEEN OFFERED AND HAVE ACCEPTED THE OPPORTUNITY TO PARTICIPATE IN THE STATE ATTORNEY’S OFFICE DETRR PROGRAM (LEVEL ONE). I HEREBY ACKNOWLEDGE AND VOLUNTARILY AGREE TO THE FOLLOWING:

1. I am seeking admission into the DETRR Program (Level One), and I do so with the intention of complying with all conditions and obligations imposed upon me by agreement with the Office of the State Attorney.
2. In consideration for acceptance into the DETRR Program (Level One), I waive my right to speedy trial for the charge(s) pending in the above-referenced case(s) under the Constitution of the United States of America, under the Constitution of the State of Florida, and under the Florida Rules of Criminal Procedure.
3. I stipulate and agree that this Agreement shall in no way operate as a contract for immunity from prosecution for the charge(s) pending in the above-referenced case(s), and that should I fail to comply with the terms and conditions of this Agreement, the State will terminate me from the program, and prosecution will be reinstated.
4. I understand that I must reside in Hillsborough County, Florida while I am in enrolled in this program.
5. I will not be arrested for any new law violations while participating in the DETRR Program (Level One). If I am arrested for a new law violation at any time prior to the dismissal of the charge(s) pending in the above-referenced case(s), the State will unsuccessfully discharge me from the program and prosecution will be reinstated. For purposes of this Agreement, an arrest is defined as a physical arrest, the issuance of a notice to appear or criminal traffic citation, or a summons to appear on a criminal charge.
6. I stipulate and agree that while in the DETRR Program (Level One), I remain on pretrial release. If I commit a new law violation at any time prior to the dismissal of the charge(s) pending in the above-referenced case(s), my pretrial release may be revoked pursuant to Section 903.0471, Florida Statutes, upon motion by the Office of the State Attorney.
7. I understand that for purposes of monitoring by the Florida Department of Corrections, I will be on Administrative Probation.
8. I also understand that my bond status may be affected if I am arrested while I am on Administrative Probation.
9. I understand that I am encouraged to participate in any substance abuse treatment program(s), of my own choosing, available in the community, and that participation in any such treatment program(s) shall be on a voluntary basis. Furthermore, I understand that my progress in any substance abuse treatment program shall not prevent me from being successfully terminated from the DETRR Program (Level One) upon expiration of the six (6) month DETRR Program period, if all other terms and conditions of the Agreement are satisfied.
10. I will remain in the program until the Office of the State Attorney determines that I have successfully completed all conditions of the program but in any event, no longer than a period of six (6) months from the day the contract is signed by all parties.
11. I will pay $52 through the Florida Department of Corrections for a one-time monitoring fee.
12. If represented by the Office of the Public Defender, I will pay $100 to the Clerk of Court for attorney’s fees and costs.
13. I will pay $100 to the Clerk of Court for the Office of the State Attorney’s cost of prosecution.
14. I will pay $70 to the Clerk of Court for the investigative cost incurred by HCSO |||, a law enforcement agency within Hillsborough County.
15. I will pay $50 to the Clerk of Court for the Hillsborough County Drug Education Trust Fund.
16. I will pay $12 to the Clerk of Court for a processing fee.
17. I will finish paying all fees and costs in paragraphs 11, 12, 13, 14, 15, and 16, 30 days prior to the completion of this agreement.
18. I understand that I will be responsible for any monetary fees incurred for evaluation and treatment by a community treatment provider.
19. I further agree that all monies paid through participation in the DETRR Program (Level One) shall be forfeited if I fail to meet the terms and conditions of this Agreement.
20. It is stipulated and agreed that the decision of the Office of the State Attorney regarding compliance with the requirements of the DETRR Program (Level One) shall be final and shall not be reviewable by any court.

ACKNOWLEDGEMENT, AGREEMENT AND ACCEPTANCE OF STATE ATTORNEY’S OFFICE DRUG EDUCATION AND TREATMENT REDUCING RECIDIVISM (DETRR) PROGRAM (LEVEL ONE)

I hereby acknowledge that I have read this Agreement, understand all the terms and conditions of this Agreement, and agree to abide by all the terms and conditions of this Agreement. I hereby further acknowledge that I have been provided with a copy of this Agreement.

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Signature of Defendant

_______________________
Date Signed

___________________________________
Signature of Defense Counsel

_______________________
Date Signed

On behalf of Andrew H. Warren, State Attorney, the undersigned Assistant State Attorneys hereby agrees to all the terms and conditions of this Agreement.

___________________________________
Signature of Assistant State Attorney

_______________________
Date Signed

___________________________________
Signature of Division Chief

_______________________
Date Signed

Information on DETRR for Criminanl Defense Attorneys

DETRR Level One – Marijuana/Cannabis Possession

Eligibility:

• Level One is available to defendants charged with simple possession of 30 grams or less of Marijuana/Cannabis. This includes all oils, waxes, plant-based, or any other form of cannabis/THC but specifically excludes synthetic cannabis, also known as “spice.”
• This program does not apply to defendants who have pending charges (other than possession of drug paraphernalia), or other cases (by arrest or information), or to defendants who are currently on felony probation.
• This program does not apply to defendants where the facts of the case indicate the defendant is involved in the sale or distribution of the controlled substance.
• Defendants are not excluded from this program due to either a prior criminal record or a score of 44 or more points on the Criminal Punishment Scoresheet.
• Defendants are required to waive their right to a speedy trial in writing.
• Defendants will have one opportunity to participate in the Level One Drug Diversion Program. Any subsequent arrests or charges will result in the Level Two or higher Drug Diversion Program if otherwise eligible.

Program Requirements:

• To successfully complete the Level One Drug Diversion Program, defendants are required to remain free from arrest for a period of six months from the time they enter the program.
• Defendants will be encouraged to participate in any substance abuse treatment programs available in the community.
• Defendants who remain arrest free for six months will have their charges dismissed.
• Defendants will be offered information regarding the expunction of their criminal record.

DETRR Level Two – First Time Offenders (Non-Marijuana/Cannabis)

Eligibility:

• Level Two is for defendants charged with any felony possession of a controlled substance that is not included in the Level One Drug Diversion Program including possession of cannabis charges over 30 grams.
• Trafficking charges are specifically omitted from eligibility.
• Eligible defendants only include first time offenders with no prior felony convictions (withhold or adjudication).
• This program does not apply to defendants who have pending charges or cases (other than possession of drug paraphernalia or possession of a controlled substance).
• This program does not apply to defendants where the facts of the case indicate the defendant is involved in the sale or distribution of the controlled substance.
• Defendants are required to waive their right to a speedy trial in writing.
• Defendants will have one opportunity to participate in the Level Two Drug Diversion Program. Any subsequent arrests or charges will result in the Level Three or higher Drug Diversion Program if otherwise eligible.

Program Requirements:

• Defendants will be required to be assessed for their suitability for either a drug treatment program or a drug education program.
• Defendants must participate in either a drug treatment program or a drug education program depending on their assessment.
• To successfully complete the Level Two Drug Diversion Program, defendants are required to remain free from arrest for a period of six months from the time that they enter the program.
• Defendants who remain arrest free for six months will have their charges dismissed. Charges will be dismissed even for those defendants who are still participating in a drug treatment program at the end of the six-month period.
• Defendants will be offered information regarding the expunction of their criminal record.

DETRR Level Three – Low Risk Offenders

Eligibility:

• Level Three is for defendants who are either unsuccessful in the Level Two diversion program or who are not eligible because they are not a first-time offender.
• Defendants in Level Three are charged with any felony possession of a controlled substance that is not included in the Level One Drug Diversion Program including possession of cannabis charges over 30 grams.
• Drug trafficking charges are specifically omitted from eligibility.
• This program does not apply to defendants who have pending charges or cases (other than possession of drug paraphernalia or possession of a controlled substance) or to defendants who are currently on felony probation.
• This program does not apply to any defendant who is assessed as a high risk to reoffend.
• This program does not apply to defendants where the facts of the case indicate the defendant is involved in the sale or distribution of the controlled substance.
• Defendants are not excluded from this program due to either a prior criminal record or a score of 44 or more points on the Criminal Punishment Scoresheet.
• Defendants are required to waive their right to a speedy trial in writing.

Program Requirements:

• Defendants will be required to undergo a risk-needs-responsivity assessment.
• If the defendant is determined to be low risk to reoffend, they must participate in any treatment or education interventions that are determined necessary by the RNR assessment and offered by a community-based program. Those interventions may include substance abuse treatment, mental health treatment, cognitive behavioral therapy or other social service program.
• To successfully complete the Level Three Drug Diversion Program, defendants are required to remain free from arrest for a period of six months from the time that they enter the program.
• Defendants who remain arrest free for six months will have their charges dismissed. Charges will be dismissed even for those defendants who are still participating in treatment interventions at the end of the six-month period.

Answers to Frequently Asked Questions About DETRR

• To participate in DETRR, the defendant must reside in the State of Florida.
• The contracts for DETRR Level 1 and DETRR Level 2 are created by the Assistant State Attorney in the lettered felony division and forwarded to the criminal defense attorney for signature.
• The case is closed for DETRR Level 1 and Level 2 on the record in the felony lettered divisions.
• If a defendant is not eligible for DETRR Level 1 or Level 2, the case is transferred to drug court to schedule a risk-needs-responsivity assessment to determine if the defendant meets the eligibility requirements for DETRR Level 3.
• If the assessment result indicates that the defendant is a low-risk offender, he or she will be offered DETRR Level 3 if he or she meets the other eligibility requirements of the program.
• If the assessment result indicates that the defendant is a medium or high-risk offender, he or she will be offered participation in Drug Pre-Trial Intervention (Division W) or traditional drug court (Division Y) if statutorily eligible.
• The contract for DETRR Level 3 will be prepared and forwarded to you by the assistant state attorney assigned to drug court.
• Cases for DETRR Level 3 will be closed in drug court on the record.
• For all levels of DETRR, the defendant will take the signed contract to the Florida Department of Corrections within 24 hours of the case being closed in court.
• The address for the Florida Department of Corrections is 1313 N. Tampa St., Tampa, FL 33602, Suite 124 (located on the first floor of the Annex).
• During the meeting with the Department of Corrections, the defendant will be assigned a probation officer.
• Specific costs and fees that apply to the program are delineated in the contract.
• There is no requirement for monthly check-ins with the assigned probation officer.
• DETRR Level 2 and Level 3 require a drug evaluation by a community treatment provider. The defendant must comply with all treatment recommendations.
• There may be fees associated with substance abuse treatment.
• The defendant will fill out a Medical Release form so the Department of Corrections can access the client’s evaluation/progress with the program.

This article was last updated on Tuesday, May 17, 2022.