Florida Senate - 2012 SB 186
By Senator Ring
32-00031B-12 2012186__
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 is charged with a nonviolent,
5 nontraffic-related misdemeanor and identified as
6 having a substance abuse problem or a person who is
7 charged with certain other designated misdemeanor
8 offenses, and who has not previously been convicted of
9 a felony, may qualify for participation in a
10 misdemeanor pretrial substance abuse program;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (a) of subsection (1) of section
16 948.16, Florida Statutes, is amended to read:
17 948.16 Misdemeanor pretrial substance abuse education and
18 treatment intervention program.—
19 (1)(a) A person who is charged with a nonviolent,
20 nontraffic-related misdemeanor and identified as having a
21 substance abuse problem or a person who is charged with a
22 misdemeanor for possession of a controlled substance or drug
23 paraphernalia under chapter 893, prostitution under s. 796.07,
24 possession of alcohol while under 21 years of age, or possession
25 of a controlled substance without a valid prescription under s.
26 499.03(2) or (3), and who has not previously been convicted of a
27 felony nor been admitted to a pretrial program, is eligible for
28 voluntary admission into a misdemeanor pretrial substance abuse
29 education and treatment intervention program, including a
30 treatment-based drug court program established pursuant to s.
31 397.334, approved by the chief judge of the circuit, for a
32 period based on the program requirements and the treatment plan
33 for the offender, upon motion of either party or the court’s own
34 motion, except, if the state attorney believes the facts and
35 circumstances of the case suggest the defendant is involved in
36 dealing and selling controlled substances, the court shall hold
37 a preadmission hearing. If the state attorney establishes, by a
38 preponderance of the evidence at such hearing, that the
39 defendant was involved in dealing or selling controlled
40 substances, the court shall deny the defendant’s admission into
41 the pretrial intervention program.
42 Section 2. This act shall take effect July 1, 2012.