| 1 | A bill to be entitled |
| 2 | An act relating to misdemeanor pretrial substance |
| 3 | abuse programs; amending s. 948.16, F.S.; providing |
| 4 | that a person who has not previously been convicted of |
| 5 | a felony and who is charged with a nonviolent, |
| 6 | nontraffic-related misdemeanor and identified as |
| 7 | having a substance abuse problem or is charged with |
| 8 | certain other designated misdemeanor offenses may |
| 9 | qualify for participation in a misdemeanor pretrial |
| 10 | substance abuse program; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (a) of subsection (1) of section |
| 15 | 948.16, Florida Statutes, is amended to read: |
| 16 | 948.16 Misdemeanor pretrial substance abuse education and |
| 17 | treatment intervention program.- |
| 18 | (1)(a) A person who has not previously been convicted of a |
| 19 | felony and who is charged with a nonviolent, nontraffic-related |
| 20 | misdemeanor and identified as having a substance abuse problem |
| 21 | or is charged with a misdemeanor for possession of a controlled |
| 22 | substance or drug paraphernalia under chapter 893, prostitution |
| 23 | under s. 796.07, possession of alcohol while under 21 years of |
| 24 | age under s. 562.111, or possession of a controlled substance |
| 25 | without a valid prescription under s. 499.03(1) and who has not |
| 26 | previously been convicted of a felony nor been admitted to a |
| 27 | pretrial program, is eligible for voluntary admission into a |
| 28 | misdemeanor pretrial substance abuse education and treatment |
| 29 | intervention program, including a treatment-based drug court |
| 30 | program established pursuant to s. 397.334, approved by the |
| 31 | chief judge of the circuit, for a period based on the program |
| 32 | requirements and the treatment plan for the offender, upon |
| 33 | motion of either party or the court's own motion, except, if the |
| 34 | state attorney believes the facts and circumstances of the case |
| 35 | suggest the defendant is involved in dealing and selling |
| 36 | controlled substances, the court shall hold a preadmission |
| 37 | hearing. If the state attorney establishes, by a preponderance |
| 38 | of the evidence at such hearing, that the defendant was involved |
| 39 | in dealing or selling controlled substances, the court shall |
| 40 | deny the defendant's admission into the pretrial intervention |
| 41 | program. |
| 42 | Section 2. This act shall take effect July 1, 2012. |