HB 4035

A bill to be entitled
2An act relating to misdemeanor pretrial substance abuse
3programs; amending s. 948.16, F.S.; providing that a
4person who has previously been admitted to a pretrial
5program may still qualify for voluntary admission to a
6program; providing an effective date.
8Be It Enacted by the Legislature of the State of Florida:
10     Section 1.  Paragraph (a) of subsection (1) of section
11948.16, Florida Statutes, is amended to read:
12     948.16  Misdemeanor pretrial substance abuse education and
13treatment intervention program.-
14     (1)(a)  A person who is charged with a misdemeanor for
15possession of a controlled substance or drug paraphernalia under
16chapter 893, and who has not previously been convicted of a
17felony nor been admitted to a pretrial program, is eligible for
18voluntary admission into a misdemeanor pretrial substance abuse
19education and treatment intervention program, including a
20treatment-based drug court program established pursuant to s.
21397.334, approved by the chief judge of the circuit, for a
22period based on the program requirements and the treatment plan
23for the offender, upon motion of either party or the court's own
24motion, except, if the state attorney believes the facts and
25circumstances of the case suggest the defendant is involved in
26dealing and selling controlled substances, the court shall hold
27a preadmission hearing. If the state attorney establishes, by a
28preponderance of the evidence at such hearing, that the
29defendant was involved in dealing or selling controlled
30substances, the court shall deny the defendant's admission into
31the pretrial intervention program.
32     Section 2.  This act shall take effect July 1, 2011.

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