| 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 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 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. |