House Bill 0147

    Florida House of Representatives - 1999                 HB 147

        By Representative Alexander






  1                      A bill to be entitled

  2         An act relating to pretrial intervention

  3         programs; amending s. 948.08, F.S.; authorizing

  4         the court or state attorney to deny the

  5         admission of a defendant to a pretrial

  6         substance abuse education and treatment

  7         intervention program if the defendant has

  8         rejected any prior offer of admission to such

  9         program; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Paragraph (a) of subsection (6) of section

14  948.08, Florida Statutes, is amended to read:

15         948.08  Pretrial intervention program.--

16         (6)(a)  Notwithstanding any provision of this section,

17  a person who is charged with a felony of the second or third

18  degree for purchase or possession of a controlled substance

19  under chapter 893, and who has not previously been convicted

20  of a felony nor been admitted to a pretrial program referred

21  to in this section, is eligible for admission into a pretrial

22  substance abuse education and treatment intervention program

23  approved by the chief judge of the circuit, for a period of

24  not less than 1 year in duration, upon motion of either party

25  or the court's own motion. However, the court or the state

26  attorney may deny a defendant's admission to a pretrial

27  substance abuse education and treatment intervention program

28  if the defendant was previously offered admission to such a

29  program and the defendant rejected that offer. If the state

30  attorney believes that the facts and circumstances of the case

31  suggest the defendant's involvement in the dealing and selling

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






    Florida House of Representatives - 1999                 HB 147

    593-109-99






  1  of controlled substances, the court shall hold a preadmission

  2  hearing. If the state attorney establishes, by a preponderance

  3  of the evidence at such hearing, that the defendant was

  4  involved in the dealing or selling of controlled substances,

  5  the court shall deny the defendant's admission into a pretrial

  6  intervention program.

  7         Section 2.  This act shall take effect July 1, 1999.

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10                          HOUSE SUMMARY

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      Revises a provision of law governing pretrial
12    intervention programs to authorize the court or state
      attorney to deny the admission of a defendant to a
13    pretrial substance abuse and treatment intervention
      program if the defendant has rejected any prior offer of
14    admission to such program.

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