Bill Text: FL H1101 | 2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Misdemeanor Pretrial Substance Abuse Programs
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Messages [H1101 Detail]
Download: Florida-2010-H1101-Introduced.html
Bill Title: Misdemeanor Pretrial Substance Abuse Programs
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Messages [H1101 Detail]
Download: Florida-2010-H1101-Introduced.html
HB 1101 |
1 | |
2 | An act relating to misdemeanor pretrial substance abuse |
3 | programs; amending s. 948.16, F.S.; providing that |
4 | additional persons who have been charged with misdemeanor |
5 | offenses may qualify for the program; providing that a |
6 | person who has previously been admitted to a pretrial |
7 | program may qualify for the program; providing an |
8 | effective date. |
9 | |
10 | Be It Enacted by the Legislature of the State of Florida: |
11 | |
12 | Section 1. Paragraph (a) of subsection (1) of section |
13 | 948.16, Florida Statutes, is amended to read: |
14 | 948.16 Misdemeanor pretrial substance abuse education and |
15 | treatment intervention program.- |
16 | (1)(a) A person who is charged with a misdemeanor for |
17 | possession of a controlled substance or drug paraphernalia or |
18 | with any other misdemeanor under chapter 893, and who has not |
19 | previously been convicted of a felony |
20 | |
21 | misdemeanor pretrial substance abuse education and treatment |
22 | intervention program, including a treatment-based drug court |
23 | program established pursuant to s. 397.334, approved by the |
24 | chief judge of the circuit, for a period based on the program |
25 | requirements and the treatment plan for the offender, upon |
26 | motion of either party or the court's own motion, except, if the |
27 | state attorney believes the facts and circumstances of the case |
28 | suggest the defendant is involved in dealing and selling |
29 | controlled substances, the court shall hold a preadmission |
30 | hearing. If the state attorney establishes, by a preponderance |
31 | of the evidence at such hearing, that the defendant was involved |
32 | in dealing or selling controlled substances, the court shall |
33 | deny the defendant's admission into the pretrial intervention |
34 | program. |
35 | Section 2. This act shall take effect July 1, 2010. |
CODING: Words |