Bill Text: FL S0186 | 2012 | Regular Session | Enrolled

---

Bill Title: Misdemeanor Pretrial Substance Abuse Programs

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-03-07 - Ordered enrolled -SJ 958 [S0186 Detail]

Download: Florida-2012-S0186-Enrolled.html

---

       ENROLLED
       2012 Legislature                                   CS for SB 186
       
       
       
       
       
       
                                                              2012186er
    1  
    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 who is charged
    7         with certain other designated misdemeanor offenses,
    8         and who has not previously been convicted of a felony,
    9         may qualify for participation in a misdemeanor
   10         pretrial substance abuse program; providing an
   11         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 who is charged with a misdemeanor for
   22  possession of a controlled substance or drug paraphernalia under
   23  chapter 893, prostitution under s. 796.07, possession of alcohol
   24  while under 21 years of age under s. 562.111, or possession of a
   25  controlled substance without a valid prescription under s.
   26  499.03, and who has not previously been convicted of a felony
   27  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.