Bill Text: FL H0017 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Military Veterans Convicted of Criminal Offenses

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0017 Detail]

Download: Florida-2011-H0017-Comm_Sub.html

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CS/HB 17

1	A bill to be entitled
2	An act relating to military veterans convicted of criminal
3	offenses; providing a short title; creating s. 921.00242,
4	F.S.; providing that persons found to have committed
5	criminal offenses who allege that the offenses resulted
6	from posttraumatic stress disorder, traumatic brain
7	injury, substance use disorder, or psychological problems
8	stemming from service in a combat theater in the United
9	States military may have a hearing on that issue before
10	sentencing; providing that defendants found to have
11	committed offenses due to such causes and who are eligible
12	for probation or community control may be placed in
13	treatment programs in certain circumstances; providing for
14	sentence credit for defendants placed in treatment who
15	would have otherwise been incarcerated; providing a
16	preference for treatment programs that have histories of
17	successfully treating such combat veterans; amending s.
18	948.08, F.S.; creating a pretrial veterans' treatment
19	intervention program; providing requirements for a
20	defendant to be voluntarily admitted to the pretrial
21	program; providing certain exceptions to such admission;
22	providing for the disposition of pending charges after a
23	defendant's completion of the pretrial intervention
24	program; providing for the charges to be expunged under
25	certain circumstances; amending s. 948.16, F.S.; creating
26	a misdemeanor pretrial veterans' treatment intervention
27	program; providing requirements for voluntary admission to
28	the misdemeanor pretrial program; providing for the
29	misdemeanor charges to be expunged under certain
30	circumstances; exempting treatment services provided by
31	the Department of Veterans' Affairs or the United States
32	Department of Veterans Affairs from certain contract
33	requirements; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  This act may be cited as the "T. Patt Maney
38	Veterans' Treatment Intervention Act."
39	Section 2.  Section 921.00242, Florida Statutes, is created
40	to read:
41	921.00242  Convicted military veterans; posttraumatic
42	stress disorder, traumatic brain injury, substance use disorder,
43	or psychological problems from service; treatment services.-
44	(1)  If a circuit or county court finds that a defendant
45	has committed a criminal offense, the court must hold a
46	veterans' status hearing before sentencing if the defendant has
47	alleged that he or she committed the offense as a result of
48	posttraumatic stress disorder, traumatic brain injury, substance
49	use disorder, or psychological problems stemming from service in
50	a combat theater in the United States military.
51	(2)  At a veterans' status hearing conducted as required by
52	subsection (1), the court shall determine whether the defendant
53	was a member of the military forces of the United States who
54	served in a combat theater and assess whether the defendant
55	suffers from posttraumatic stress disorder, traumatic brain
56	injury, substance use disorder, or psychological problems as a
57	result of that service. The defendant shall bear the burden of
58	proof at the hearing.
59	(3)  If the court concludes that the defendant is a person
60	described in subsection (2) who is eligible for probation or
61	community control and the court places the defendant on county
62	or state probation or into community control, the court may
63	order the defendant into a local, state, federal, or private
64	nonprofit treatment program as a condition of probation or
65	community control if the defendant agrees to participate in the
66	program and the court determines that an appropriate treatment
67	program exists.
68	(4)  A defendant who is placed on county or state probation
69	or into community control and committed to a residential
70	treatment program under this section shall earn sentence credits
71	for the actual time he or she serves in the residential
72	treatment program if the court makes a written finding that it
73	would otherwise have sentenced the defendant to incarceration
74	except for the fact that the defendant is a person described in
75	subsection (2).
76	(5)  In making an order under this section to commit a
77	defendant to an treatment program, whenever possible the court
78	shall place the defendant in a treatment program that has a
79	history of successfully treating combat veterans who suffer from
80	posttraumatic stress disorder, traumatic brain injury, substance
81	use disorder, or psychological problems as a result of that
82	service. The court shall give preference to treatment programs
83	for which the veteran is eligible through the United States
84	Department of Veterans Affairs or the Department of Veterans'
85	Affairs.
86	Section 3.  Present subsection (7) of section 948.08,
87	Florida Statutes, is renumbered as subsection (8), and a new
88	subsection (7) is added to that section, to read:
89	948.08  Pretrial intervention program.-
90	(7)(a)  A person who is charged with a felony, other than a
91	felony listed in s. 948.06(8)(c), and identified as a member or
92	former member of the military forces of the United States who
93	served in a combat theater and who suffers from posttraumatic
94	stress disorder, traumatic brain injury, substance use disorder,
95	or psychological problems as a result of that service is
96	eligible for voluntary admission into a pretrial veterans'
97	treatment intervention program approved by the chief judge of
98	the circuit, upon motion of either party or the court's own
99	motion, except:
100	1.  If a defendant was previously offered admission to a
101	pretrial veterans' treatment intervention program at any time
102	before trial and the defendant rejected that offer on the
103	record, the court may deny the defendant's admission to such a
104	program.
105	2.  If a defendant previously entered a court-ordered
106	veterans' treatment program, the court may deny the defendant's
107	admission into the pretrial veterans' treatment program.
108	3.  If the state attorney believes that the facts and
109	circumstances of the case suggest the defendant's involvement in
110	selling controlled substances, the court shall hold a
111	preadmission hearing. If the state attorney establishes, by a
112	preponderance of the evidence at such hearing, that the
113	defendant was involved in selling controlled substances, the
114	court shall deny the defendant's admission into a pretrial
115	intervention program.
116	(b)  While enrolled in a pretrial intervention program
117	authorized by this subsection, the participant is subject to a
118	coordinated strategy developed by a veterans' treatment
119	intervention team. The coordinated strategy should be modeled
120	after the therapeutic jurisprudence principles and key
121	components in s. 397.334(4), with treatment specific to the
122	needs of veterans. The coordinated strategy may include a
123	protocol of sanctions that may be imposed upon the participant
124	for noncompliance with program rules. The protocol of sanctions
125	may include, but is not limited to, placement in a treatment
126	program offered by a licensed service provider or in a jail-
127	based treatment program or serving a period of incarceration
128	within the time limits established for contempt of court. The
129	coordinated strategy must be provided in writing to the
130	participant before the participant agrees to enter into a
131	pretrial veterans' treatment intervention program or other
132	pretrial intervention program. Any person whose charges are
133	dismissed after successful completion of the pretrial veterans'
134	treatment intervention program, if otherwise eligible, may have
135	his or her arrest record and plea of nolo contendere to the
136	dismissed charges expunged under s. 943.0585.
137	(c)  At the end of the pretrial intervention period, the
138	court shall consider the recommendation of the administrator
139	pursuant to subsection (5) and the recommendation of the state
140	attorney as to disposition of the pending charges. The court
141	shall determine, by written finding, whether the defendant has
142	successfully completed the pretrial intervention program. If the
143	court finds that the defendant has not successfully completed
144	the pretrial intervention program, the court may order the
145	person to continue in education and treatment, which may include
146	treatment programs offered by licensed service providers or
147	jail-based treatment programs, or order that the charges revert
148	to normal channels for prosecution. The court shall dismiss the
149	charges upon a finding that the defendant has successfully
150	completed the pretrial intervention program.
151	Section 4.  Section 948.16, Florida Statutes, is amended to
152	read:
153	948.16  Misdemeanor pretrial substance abuse education and
154	treatment intervention program; misdemeanor pretrial veterans'
155	treatment intervention program.-
156	(1)(a)  A person who is charged with a misdemeanor for
157	possession of a controlled substance or drug paraphernalia under
158	chapter 893, and who has not previously been convicted of a
159	felony nor been admitted to a pretrial program, is eligible for
160	voluntary admission into a misdemeanor pretrial substance abuse
161	education and treatment intervention program, including a
162	treatment-based drug court program established pursuant to s.
163	397.334, approved by the chief judge of the circuit, for a
164	period based on the program requirements and the treatment plan
165	for the offender, upon motion of either party or the court's own
166	motion, except, if the state attorney believes the facts and
167	circumstances of the case suggest the defendant is involved in
168	dealing and selling controlled substances, the court shall hold
169	a preadmission hearing. If the state attorney establishes, by a
170	preponderance of the evidence at such hearing, that the
171	defendant was involved in dealing or selling controlled
172	substances, the court shall deny the defendant's admission into
173	the pretrial intervention program.
174	(b)  While enrolled in a pretrial intervention program
175	authorized by this section, the participant is subject to a
176	coordinated strategy developed by a drug court team under s.
177	397.334(4). The coordinated strategy may include a protocol of
178	sanctions that may be imposed upon the participant for
179	noncompliance with program rules. The protocol of sanctions may
180	include, but is not limited to, placement in a substance abuse
181	treatment program offered by a licensed service provider as
182	defined in s. 397.311 or in a jail-based treatment program or
183	serving a period of incarceration within the time limits
184	established for contempt of court. The coordinated strategy must
185	be provided in writing to the participant before the participant
186	agrees to enter into a pretrial treatment-based drug court
187	program or other pretrial intervention program. Any person whose
188	charges are dismissed after successful completion of the
189	treatment-based drug court program, if otherwise eligible, may
190	have his or her arrest record and plea of nolo contendere to the
191	dismissed charges expunged under s. 943.0585.
192	(2)(a)  A member or former member of the military forces of
193	the United States who served in a combat theater and who suffers
194	from posttraumatic stress disorder, traumatic brain injury,
195	substance use disorder, or psychological problems as a result of
196	that service who is charged with a misdemeanor is eligible for
197	voluntary admission into a misdemeanor pretrial veterans'
198	treatment intervention program approved by the chief judge of
199	the circuit, for a period based on the program requirements and
200	the treatment plan for the offender, upon motion of either party
201	or the court's own motion. However, the court may deny the
202	defendant admission into a misdemeanor pretrial veterans'
203	treatment intervention program if the defendant has previously
204	entered a court-ordered veterans' treatment program.
205	(b)  While enrolled in a pretrial intervention program
206	authorized by this section, the participant is subject to a
207	coordinated strategy developed by a veterans' treatment
208	intervention team. The coordinated strategy should be modeled
209	after the therapeutic jurisprudence principles and key
210	components in s. 397.334(4), with treatment specific to the
211	needs of veterans. The coordinated strategy may include a
212	protocol of sanctions that may be imposed upon the participant
213	for noncompliance with program rules. The protocol of sanctions
214	may include, but is not limited to, placement in a treatment
215	program offered by a licensed service provider or in a jail-
216	based treatment program or serving a period of incarceration
217	within the time limits established for contempt of court. The
218	coordinated strategy must be provided in writing to the
219	participant before the participant agrees to enter into a
220	misdemeanor pretrial veterans' treatment intervention program or
221	other pretrial intervention program. Any person whose charges
222	are dismissed after successful completion of the misdemeanor
223	pretrial veterans' treatment intervention program, if otherwise
224	eligible, may have his or her arrest record and plea of nolo
225	contendere to the dismissed charges expunged under s. 943.0585.
226	(3)(2)  At the end of the pretrial intervention period, the
227	court shall consider the recommendation of the treatment program
228	and the recommendation of the state attorney as to disposition
229	of the pending charges. The court shall determine, by written
230	finding, whether the defendant successfully completed the
231	pretrial intervention program. Notwithstanding the coordinated
232	strategy developed by a drug court team pursuant to s.
233	397.334(4) or by the veterans' treatment intervention team, if
234	the court finds that the defendant has not successfully
235	completed the pretrial intervention program, the court may order
236	the person to continue in education and treatment or return the
237	charges to the criminal docket for prosecution. The court shall
238	dismiss the charges upon finding that the defendant has
239	successfully completed the pretrial intervention program.
240	(4)(3)  Any public or private entity providing a pretrial
241	substance abuse education and treatment program under this
242	section shall contract with the county or appropriate
243	governmental entity. The terms of the contract shall include,
244	but not be limited to, the requirements established for private
245	entities under s. 948.15(3). This requirement does not apply to
246	services provided by the Department of Veterans' Affairs or the
247	United States Department of Veterans Affairs.
248	Section 5.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.