CS/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 has not previously been convicted of
5a felony and who is charged with a nonviolent,
6nontraffic-related misdemeanor and identified as
7having a substance abuse problem or is charged with
8certain other designated misdemeanor offenses may
9qualify for participation in a misdemeanor pretrial
10substance abuse program; providing an effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Paragraph (a) of subsection (1) of section
15948.16, Florida Statutes, is amended to read:
16     948.16  Misdemeanor pretrial substance abuse education and
17treatment intervention program.-
18     (1)(a)  A person who has not previously been convicted of a
19felony and who is charged with a nonviolent, nontraffic-related
20misdemeanor and identified as having a substance abuse problem
21or is charged with a misdemeanor for possession of a controlled
22substance or drug paraphernalia under chapter 893, prostitution
23under s. 796.07, possession of alcohol while under 21 years of
24age under s. 562.111, or possession of a controlled substance
25without a valid prescription under s. 499.03(1) and who has not
26previously been convicted of a felony nor been admitted to a
27pretrial program, is eligible for voluntary admission into a
28misdemeanor pretrial substance abuse education and treatment
29intervention program, including a treatment-based drug court
30program established pursuant to s. 397.334, approved by the
31chief judge of the circuit, for a period based on the program
32requirements and the treatment plan for the offender, upon
33motion of either party or the court's own motion, except, if the
34state attorney believes the facts and circumstances of the case
35suggest the defendant is involved in dealing and selling
36controlled substances, the court shall hold a preadmission
37hearing. If the state attorney establishes, by a preponderance
38of the evidence at such hearing, that the defendant was involved
39in dealing or selling controlled substances, the court shall
40deny the defendant's admission into the pretrial intervention
42     Section 2.  This act shall take effect July 1, 2012.

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