Title: Misdemeanor Pretrial Substance Abuse Programs

Summary: Provides that a person who has previously been admitted to a pretrial program may qualify for a misdemeanor pretrial substance abuse program.

Full Text:
An act relating to misdemeanor pretrial substance abuse programs; amending s. 948.16, F.S.; providing that a person who has previously been admitted to a pretrial program may qualify for a misdemeanor pretrial substance abuse program; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (1) of section 948.16, Florida Statutes, is amended to read: 948.16 Misdemeanor pretrial substance abuse education and treatment intervention program.  (1)(a) A person who is charged with a misdemeanor for possession of a controlled substance or drug paraphernalia under chapter 893, and who has not previously been convicted of a felony nor been admitted to a pretrial program,is eligible for voluntary admission into a misdemeanor pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established pursuant to s. 397.334, approved by the chief judge of the circuit, for a period based on the program requirements and the treatment plan for the offender, upon motion of either party or the court s own motion, except, if the state attorney believes the facts and circumstances of the case suggest the defendant is involved in dealing and selling controlled substances, the court shall hold a preadmission hearing. If the state attorney establishes, by a preponderance of the evidence at such hearing, that the defendant was involved in dealing or selling controlled substances, the court shall deny the defendant s admission into the pretrial intervention program. Section 2. This act shall take effect July 1, 2011.