Senate Bill 0060

    Florida Senate - 1999                                    SB 60

    By Senators Brown-Waite and Laurent





    10-43-99

  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 to deny the admission of a defendant

  5         to a pretrial intervention program if the

  6         defendant has rejected any prior offer of

  7         admission to such program; providing an

  8         effective date.

  9

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

11

12         Section 1.  Subsection (2) and paragraph (a) of

13  subsection (6) of section 948.08, Florida Statutes, are

14  amended to read:

15         948.08  Pretrial intervention program.--

16         (2)  Any first offender, or any person previously

17  convicted of not more than one nonviolent misdemeanor, who is

18  charged with any misdemeanor or felony of the third degree is

19  eligible for release to the pretrial intervention program on

20  the approval of the administrator of the program and the

21  consent of the victim, the state attorney, and the judge who

22  presided at the initial appearance hearing of the offender.

23  However, the court may deny a defendant's release to a

24  pretrial intervention program if the defendant was previously

25  offered admission to such a program for the current offense or

26  any prior offense and the defendant rejected that offer. In

27  addition, the defendant may not be released to the pretrial

28  intervention program unless, after consultation with his or

29  her attorney, he or she has voluntarily agreed to such program

30  and has knowingly and intelligently waived his or her right to

31  a speedy trial for the period of his or her diversion. The

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






    Florida Senate - 1999                                    SB 60
    10-43-99




  1  defendant or the defendant's immediate family may not

  2  personally contact the victim or the victim's immediate family

  3  to acquire the victim's consent under this section.

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

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

  6  degree for purchase or possession of a controlled substance

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

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

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

10  substance abuse education and treatment intervention program

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

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

13  or the court's own motion. However, the court may deny a

14  defendant's admission to a pretrial intervention program if

15  the defendant was previously offered admission to such a

16  program for the current offense or any prior offense and the

17  defendant rejected that offer. If the state attorney believes

18  that the facts and circumstances of the case suggest the

19  defendant's involvement in the dealing and selling of

20  controlled substances, the court shall hold a preadmission

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

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

23  involved in the dealing or selling of controlled substances,

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

25  intervention program.

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

27

28            *****************************************

29                          SENATE SUMMARY

30    Provides that if a defendant rejects an offer of
      admission to a pretrial intervention program, the court
31    may deny any subsequent request to admit the defendant to
      a pretrial intervention program.
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