HB 183

A bill to be entitled
2An act relating to misdemeanor pretrial substance
3abuse programs; amending s. 948.16, F.S.; providing
4that a person who is charged with a nonviolent,
5nontraffic-related misdemeanor and identified as
6having a substance abuse problem or a person who is
7charged with certain other designated misdemeanor
8offenses, and who has not previously been convicted of
9a felony, may qualify for participation in a
10misdemeanor pretrial substance abuse program;
11providing an effective date.
13Be It Enacted by the Legislature of the State of Florida:
15     Section 1.  Paragraph (a) of subsection (1) of section
16948.16, Florida Statutes, is amended to read:
17     948.16  Misdemeanor pretrial substance abuse education and
18treatment intervention program.-
19     (1)(a)  A person who is charged with a nonviolent,
20nontraffic-related misdemeanor and identified as having a
21substance abuse problem or a person who is charged with a
22misdemeanor for possession of a controlled substance or drug
23paraphernalia under chapter 893, prostitution under s. 796.07,
24possession of alcohol while under 21 years of age, or possession
25of a controlled substance without a valid prescription under s.
26499.03(2) or (3), and who has not previously been convicted of a
27felony nor been admitted to a pretrial program, is eligible for
28voluntary admission into a misdemeanor pretrial substance abuse
29education and treatment intervention program, including a
30treatment-based drug court program established pursuant to s.
31397.334, approved by the chief judge of the circuit, for a
32period based on the program requirements and the treatment plan
33for the offender, upon motion of either party or the court's own
34motion, except, if the state attorney believes the facts and
35circumstances of the case suggest the defendant is involved in
36dealing and selling controlled substances, the court shall hold
37a preadmission hearing. If the state attorney establishes, by a
38preponderance of the evidence at such hearing, that the
39defendant was involved in dealing or selling controlled
40substances, the court shall deny the defendant's admission into
41the pretrial intervention program.
42     Section 2.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.