Title: Delinquency Pretrial Intervention Programs

Summary: Provides that persons charged with substance-abuse-related nonviolent felonies or misdemeanors are eligible for voluntary admission into delinquency pretrial substance abuse education & treatment intervention programs.

Full Text:
An act relating to delinquency pretrial intervention programs; amending s. 985.345, F.S.; providing that persons charged with substance-abuse-related nonviolent felonies or misdemeanors are eligible for voluntary admission into delinquency pretrial substance abuse education and treatment intervention programs; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (1) of section 985.345, Florida Statutes, is amended to read: 985.345 Delinquency pretrial intervention program.-(1) Notwithstanding any provision of law to the contrary, a child who is charged with a felony of the second or third degree for purchase or possession of a controlled substance under chapter 893; tampering with evidence; solicitation for purchase of a controlled substance; or obtaining a prescription by fraud;or a substance-abuse-related nonviolent felony or misdemeanor, and who has not previously been adjudicated for a felony, is eligible for voluntary admission into a delinquency pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established pursua nt to s. 397.334, approved by the chief judge or alternative sanctions coordinator of the circuit to the HB 2014 extent that funded programs are available, for a period based on the program requirements and the treatment services that are suitable for the offender,upon motion of either party or the court's own motion. However, if the state attorney believes that the facts and circumstances of the case suggest the child's involvement in the dealing and selling of controlled substances, the court shall hold a preadm ission hearing. If the state attorney establishes by a preponderance of the evidence at such hearing that the child was involved in the dealing and selling of controlled substances, the court shall deny the child's admission into a delinquency pretrial int ervention program. Section 2. This act shall take effect July 1, 2014.