Florida Senate - 2011 SB 104
By Senator Ring
32-00036-11 2011104__
1 A bill to be entitled
2 An act relating to misdemeanor pretrial substance
3 abuse programs; amending s. 948.16, F.S.; providing
4 that a person who has previously been admitted to a
5 pretrial program may qualify for a misdemeanor
6 pretrial substance abuse program; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (a) of subsection (1) of section
12 948.16, Florida Statutes, is amended to read:
13 948.16 Misdemeanor pretrial substance abuse education and
14 treatment intervention program.—
15 (1)(a) A person who is charged with a misdemeanor for
16 possession of a controlled substance or drug paraphernalia under
17 chapter 893, and who has not previously been convicted of a
18 felony nor been admitted to a pretrial program, is eligible for
19 voluntary admission into a misdemeanor pretrial substance abuse
20 education and treatment intervention program, including a
21 treatment-based drug court program established pursuant to s.
22 397.334, approved by the chief judge of the circuit, for a
23 period based on the program requirements and the treatment plan
24 for the offender, upon motion of either party or the court’s own
25 motion, except, if the state attorney believes the facts and
26 circumstances of the case suggest the defendant is involved in
27 dealing and selling controlled substances, the court shall hold
28 a preadmission hearing. If the state attorney establishes, by a
29 preponderance of the evidence at such hearing, that the
30 defendant was involved in dealing or selling controlled
31 substances, the court shall deny the defendant’s admission into
32 the pretrial intervention program.
33 Section 2. This act shall take effect July 1, 2011.