| 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 still qualify for voluntary admission to a |
| 6 | program; providing an 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, 2011. |