Bill Text: FL S1694 | 2010 | Regular Session | Comm Sub

Florida Senate Bill 1694 (Prior Session Legislation)

Bill Title: Misdemeanor Pretrial Substance Abuse Programs [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal and Civil Justice Appropriations [S1694 Detail]

Download: Florida-2010-S1694-Comm_Sub.html

 
Florida Senate - 2010                             CS for SB 1694 
 
By the Committee on Criminal Justice; and Senator Ring 
591-03243-10                                          20101694c1 
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 qualify for the program; 
6         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, 2010.