HB 1101

1	A bill to be entitled
2	An act relating to misdemeanor pretrial substance abuse
3	programs; amending s. 948.16, F.S.; providing that
4	additional persons who have been charged with misdemeanor
5	offenses may qualify for the program; providing that a
6	person who has previously been admitted to a pretrial
7	program may qualify for the program; providing an
8	effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Paragraph (a) of subsection (1) of section
13	948.16, Florida Statutes, is amended to read:
14	948.16  Misdemeanor pretrial substance abuse education and
15	treatment intervention program.-
16	(1)(a)  A person who is charged with a misdemeanor for
17	possession of a controlled substance or drug paraphernalia or
18	with any other misdemeanor under chapter 893, and who has not
19	previously been convicted of a felony nor been admitted to a
20	pretrial program, is eligible for voluntary admission into a
21	misdemeanor pretrial substance abuse education and treatment
22	intervention program, including a treatment-based drug court
23	program established pursuant to s. 397.334, approved by the
24	chief judge of the circuit, for a period based on the program
25	requirements and the treatment plan for the offender, upon
26	motion of either party or the court's own motion, except, if the
27	state attorney believes the facts and circumstances of the case
28	suggest the defendant is involved in dealing and selling
29	controlled substances, the court shall hold a preadmission
30	hearing. If the state attorney establishes, by a preponderance
31	of the evidence at such hearing, that the defendant was involved
32	in dealing or selling controlled substances, the court shall
33	deny the defendant's admission into the pretrial intervention
34	program.
35	Section 2.  This act shall take effect July 1, 2010.

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