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.
    9  Be It Enacted by the Legislature of the State of Florida:
   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.