Bill Text: FL H0183 | 2012 | Regular Session | Comm Sub

---

Bill Title: Misdemeanor Pretrial Substance Abuse Programs

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-06 - Laid on Table, refer to CS/SB 186 -HJ 1115 [H0183 Detail]

Download: Florida-2012-H0183-Comm_Sub.html

---

CS/HB 183

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 not previously been convicted of
5	a felony and who is charged with a nonviolent,
6	nontraffic-related misdemeanor and identified as
7	having a substance abuse problem or is charged with
8	certain other designated misdemeanor offenses may
9	qualify for participation in a misdemeanor pretrial
10	substance abuse program; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (a) of subsection (1) of section
15	948.16, Florida Statutes, is amended to read:
16	948.16  Misdemeanor pretrial substance abuse education and
17	treatment intervention program.-
18	(1)(a)  A person who has not previously been convicted of a
19	felony and who is charged with a nonviolent, nontraffic-related
20	misdemeanor and identified as having a substance abuse problem
21	or is charged with a misdemeanor for possession of a controlled
22	substance or drug paraphernalia under chapter 893, prostitution
23	under s. 796.07, possession of alcohol while under 21 years of
24	age under s. 562.111, or possession of a controlled substance
25	without a valid prescription under s. 499.03(1) and who has not
26	previously been convicted of a felony nor been admitted to a
27	pretrial program, is eligible for voluntary admission into a
28	misdemeanor pretrial substance abuse education and treatment
29	intervention program, including a treatment-based drug court
30	program established pursuant to s. 397.334, approved by the
31	chief judge of the circuit, for a period based on the program
32	requirements and the treatment plan for the offender, upon
33	motion of either party or the court's own motion, except, if the
34	state attorney believes the facts and circumstances of the case
35	suggest the defendant is involved in dealing and selling
36	controlled substances, the court shall hold a preadmission
37	hearing. If the state attorney establishes, by a preponderance
38	of the evidence at such hearing, that the defendant was involved
39	in dealing or selling controlled substances, the court shall
40	deny the defendant's admission into the pretrial intervention
41	program.
42	Section 2.  This act shall take effect July 1, 2012.

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