SENATE AMENDMENT
Bill No. CS for CS for SB 912 Barcode 410826
Amendment No. ___
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Burt moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 32, line 28, through
15 page 33, line 29, delete those lines
16
17 and insert:
18 Section 15. Paragraph (a) of subsection (6) and
19 subsection (7) of section 948.08, Florida Statutes, are
20 amended to read:
21 948.08 Pretrial intervention program.--
22 (6)(a) Notwithstanding any provision of this section,
23 a person who is charged with a felony of the second or third
24 degree for purchase or possession of a controlled substance
25 under chapter 893, tampering with evidence, solicitation for
26 purchase of a controlled substance, or obtaining a
27 prescription by fraud; who has not been charged with a crime
28 involving violence, including, but not limited to, murder,
29 sexual battery, robbery, carjacking, home-invasion robbery, or
30 any other crime involving violence; and who has not previously
31 been convicted of a felony nor been admitted to a felony
1
2:51 PM 03/19/01 s0912c2c-16j01
SENATE AMENDMENT
Bill No. CS for CS for SB 912 Barcode 410826
Amendment No. ___
1 pretrial program referred to in this section, is eligible for
2 admission into a pretrial substance abuse education and
3 treatment intervention program approved by the chief judge of
4 the circuit, for a period of not less than 1 year in duration,
5 upon motion of either party or the court's own motion, except:
6 1. If a defendant was previously offered admission to
7 a pretrial substance abuse education and treatment
8 intervention program at any time prior to trial and the
9 defendant rejected that offer on the record, then the court or
10 the state attorney may deny the defendant's admission to such
11 a program.
12 2. If the state attorney believes that the facts and
13 circumstances of the case suggest the defendant's involvement
14 in the dealing and selling of controlled substances, the court
15 shall hold a preadmission hearing. If the state attorney
16 establishes, by a preponderance of the evidence at such
17 hearing, that the defendant was involved in the dealing or
18 selling of controlled substances, the court shall deny the
19 defendant's admission into a pretrial intervention program.
20 (7) The chief judge in each circuit may appoint an
21 advisory committee for the pretrial intervention program
22 composed of the chief judge or his or her designee, who shall
23 serve as chair; the state attorney, the public defender, and
24 the program administrator, or their designees; and such other
25 persons as the chair deems appropriate. The advisory committee
26 may not designate any defendant eligible for a pretrial
27 intervention program for any offense that is not listed under
28 paragraph (6)(a) without the state attorney's recommendation
29 and approval. The committee may also include persons
30 representing any other agencies to which persons released to
31 the pretrial intervention program may be referred.
2
2:51 PM 03/19/01 s0912c2c-16j01
SENATE AMENDMENT
Bill No. CS for CS for SB 912 Barcode 410826
Amendment No. ___
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 2, line 20, after the semicolon,
4
5 insert:
6 providing requirements for a defendant to be
7 designated as eligible for a pretrial
8 intervention program;
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
2:51 PM 03/19/01 s0912c2c-16j01