Bill Text: FL S1628 | 2011 | Regular Session | Introduced

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Bill Title: Misdemeanor Pretrial Substance Abuse Programs

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-08 - Withdrawn prior to introduction -SJ 108 [S1628 Detail]

Download: Florida-2011-S1628-Introduced.html

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       Florida Senate - 2011                                    SB 1628
       
       
       
       By Senator Lynn
       
       
       
       
       7-01503A-11                                           20111628__
    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 previously been admitted to a
    5         pretrial program may still qualify for voluntary
    6         admission to a program; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (a) of subsection (1) of section
   11  948.16, Florida Statutes, is amended to read:
   12         948.16 Misdemeanor pretrial substance abuse education and
   13  treatment intervention program.—
   14         (1)(a) A person who is charged with a misdemeanor for
   15  possession of a controlled substance or drug paraphernalia under
   16  chapter 893, and who has not previously been convicted of a
   17  felony nor been admitted to a pretrial program, is eligible for
   18  voluntary admission into a misdemeanor pretrial substance abuse
   19  education and treatment intervention program, including a
   20  treatment-based drug court program established pursuant to s.
   21  397.334, approved by the chief judge of the circuit, for a
   22  period based on the program requirements and the treatment plan
   23  for the offender, upon motion of either party or the court’s own
   24  motion, except, if the state attorney believes the facts and
   25  circumstances of the case suggest the defendant is involved in
   26  dealing and selling controlled substances, the court shall hold
   27  a preadmission hearing. If the state attorney establishes, by a
   28  preponderance of the evidence at such hearing, that the
   29  defendant was involved in dealing or selling controlled
   30  substances, the court shall deny the defendant’s admission into
   31  the pretrial intervention program.
   32         Section 2. This act shall take effect July 1, 2011.