Senate panel moves bill to address drug-related misdemeanors with probation and treatment
Sen. Jonathan Martin: ‘This ensures misdemeanor offenses, for offenses involving controlled substances, remain under the supervision of the court longer, reducing repeat offenses.’
More defendants convicted of lower-level crimes would receive treatment under a bipartisan measure that sailed through a Senate panel Tuesday.
The Senate Criminal Justice Committee voted unanimously to approve SB 878 by Republican Sen. Jonathan Martin, a Ft. Myers attorney and former prosecutor.
The measure would authorize courts to sentence misdemeanants to up to a year of probation, if the use of a controlled substance “was a significant factor” in the offense.
The measure would increase a defendant’s chances of recovery, while increasing public safety, Martin said.
“This ensures misdemeanor offenses, for offenses involving controlled substances, remain under the supervision of the court longer, reducing repeat offenses,” Martin said.
The bill would also give prosecutors more flexibility to resolve lower-level DUI cases, Martin said. He said Florida law already permits judges to sentence misdemeanants to a year of probation if alcohol is a significant factor.
“So, now, we can get a year full of treatment for…an individual who had that same wet reckless conviction, but instead of alcohol for that conviction, used controlled substances.”
SB 878 still faces hearings in the Senate Appropriations Committee on Criminal and Civil Justice, and Senate Rules.
Democratic Rep. Michele Rayner, a St. Petersburg civil rights attorney, is sponsoring the companion, HB 91.
The House Criminal Justice Subcommittee is scheduled to consider HB 91 Wednesday. After that, it heads to House Judiciary.
