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