Senate Bill 0060e1

    CS for SB 60                             First Engrossed (ntc)



  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 substance-abuse education and

  6         treatment intervention program if the defendant

  7         has rejected any prior offer of admission to

  8         such program; providing an effective date.

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

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

13  948.08, Florida Statutes, is amended to read:

14         948.08  Pretrial intervention program.--

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

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

17  degree for purchase or possession of a controlled substance

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

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

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

21  substance abuse education and treatment intervention program

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

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

24  or the court's own motion, except:

25         1.  If a defendant was previously offered admission to

26  a pretrial substance abuse education and treatment

27  intervention program at any time prior to trial and the

28  defendant rejected that offer on the record, then the court or

29  the state attorney may deny the defendant's admission to such

30  a program.

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






    CS for SB 60                             First Engrossed (ntc)



  1         2.  If the state attorney believes that the facts and

  2  circumstances of the case suggest the defendant's involvement

  3  in the dealing and selling of controlled substances, the court

  4  shall hold a preadmission hearing. If the state attorney

  5  establishes, by a preponderance of the evidence at such

  6  hearing, that the defendant was involved in the dealing or

  7  selling of controlled substances, the court shall deny the

  8  defendant's admission into a pretrial intervention program.

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

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