| 1 | A bill to be entitled |
| 2 | An act relating to pretrial substance abuse programs; |
| 3 | amending s. 948.08, F.S.; eliminating the exclusion of |
| 4 | persons with prior felony convictions from certain |
| 5 | pretrial substance abuse programs; providing an effective |
| 6 | date. |
| 7 |
|
| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
|
| 10 | Section 1. Paragraph (a) of subsection (6) of section |
| 11 | 948.08, Florida Statutes, is amended to read: |
| 12 | 948.08 Pretrial intervention program.-- |
| 13 | (6)(a) Notwithstanding any provision of this section, a |
| 14 | person who is charged with a felony of the second or third |
| 15 | degree for purchase or possession of a controlled substance |
| 16 | under chapter 893, prostitution, tampering with evidence, |
| 17 | solicitation for purchase of a controlled substance, or |
| 18 | obtaining a prescription by fraud; who has not been charged with |
| 19 | a crime involving violence, including, but not limited to, |
| 20 | murder, sexual battery, robbery, carjacking, home-invasion |
| 21 | robbery, or any other crime involving violence; and who has not |
| 22 | previously been convicted of a felony nor been admitted to a |
| 23 | felony pretrial program referred to in this section is eligible |
| 24 | for voluntary admission into a pretrial substance abuse |
| 25 | education and treatment intervention program, including a |
| 26 | treatment-based drug court program established pursuant to s. |
| 27 | 397.334, approved by the chief judge of the circuit, for a |
| 28 | period of not less than 1 year in duration, upon motion of |
| 29 | either party or the court's own motion, except: |
| 30 | 1. If a defendant was previously offered admission to a |
| 31 | pretrial substance abuse education and treatment intervention |
| 32 | program at any time prior to trial and the defendant rejected |
| 33 | that offer on the record, then the court or the state attorney |
| 34 | may deny the defendant's admission to such a program. |
| 35 | 2. If the state attorney believes that the facts and |
| 36 | circumstances of the case suggest the defendant's involvement in |
| 37 | the dealing and selling of controlled substances, the court |
| 38 | shall hold a preadmission hearing. If the state attorney |
| 39 | establishes, by a preponderance of the evidence at such hearing, |
| 40 | that the defendant was involved in the dealing or selling of |
| 41 | controlled substances, the court shall deny the defendant's |
| 42 | admission into a pretrial intervention program. |
| 43 | Section 2. This act shall take effect July 1, 2009. |