Bill Text: FL S1496 | 2020 | Regular Session | Comm Sub
Bill Title: Veterans Treatment Courts
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2020-03-14 - Died in Appropriations [S1496 Detail]
Download: Florida-2020-S1496-Comm_Sub.html
Florida Senate - 2020 CS for SB 1496
By the Committee on Military and Veterans Affairs and Space; and
Senator Lee
583-03552-20 20201496c1
1 A bill to be entitled
2 An act relating to veterans treatment courts; amending
3 s. 394.47891, F.S.; providing legislative intent;
4 providing definitions; authorizing the establishment
5 of veterans treatment courts by the chief judge of a
6 judicial circuit; specifying standards for admission
7 into the program; specifying required components and
8 policies for the program; specifying eligibility
9 requirements for participation in the program;
10 providing factors that a court must consider in
11 determining a defendant’s eligibility to participate;
12 requiring participant agreements and specifying
13 requirements for such agreements; providing for
14 construction; specifying that the act does not create
15 a right to participate in the program; amending ss.
16 43.51, 910.035, 948.06, 948.08, and 948.16, F.S.;
17 conforming provisions to changes made by the act;
18 amending s. 948.21, F.S.; authorizing a court to
19 impose a condition requiring a probationer or
20 community controllee who is eligible to participate in
21 a veterans treatment court to participate in certain
22 treatment programs under certain circumstances;
23 specifying applicability of the act to participants in
24 certain court programs in existence as of a specified
25 date; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 394.47891, Florida Statutes, is amended
30 to read:
31 394.47891 Military Veterans treatment and servicemembers
32 court programs.—
33 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
34 to encourage and support the judicial circuits of the state, and
35 other such agencies, local governments, interested public or
36 private entities, and individuals, to create and maintain
37 veterans treatment courts in each circuit. The purpose of a
38 veterans treatment court program is to address the underlying
39 causes of a servicemember’s or veteran’s involvement with the
40 judicial system through the use of specialized dockets,
41 multidisciplinary teams, and evidence-based treatment. A
42 veterans treatment court program shall use nonadversarial
43 approaches to resolve such issues. Veterans treatment courts
44 depend on the leadership of judges or magistrates who are
45 educated in the issues and science of behaviors leading to court
46 involvement and require a rigorous team effort to detect,
47 discern, and assist servicemembers and veterans in correcting
48 the behaviors and choices that led to the veterans’ court
49 involvement. This section creates a detailed statewide standard
50 for the creation and operation of, and procedures for, veterans
51 treatment courts.
52 (2) DEFINITIONS.—For purposes of this section, the term:
53 (a) “Defendant” means a veteran or servicemember who has
54 been charged with or convicted of a criminal offense.
55 (b) “Participant agreement” means the agreement as set
56 forth in subsection (9) and any specific terms and conditions
57 applicable to the defendant. The term includes any modifications
58 made to the agreement under subsection (10).
59 (c) “Servicemember” means:
60 1. A member of the active or reserve components of the
61 United States Army, Navy, Air Force, Marine Corps, or Coast
62 Guard;
63 2. A member of the Florida National Guard;
64 3. A current or former contractor for the United States
65 Department of Defense; or
66 4. A current or former military member of a foreign allied
67 country.
68 (d) “Veteran” means a person who has served in the
69 military.
70 (e) “Veterans treatment court” means a specialized docket
71 administered by a court for veterans and servicemembers as set
72 forth in this section.
73 (3) AUTHORIZATION.—The chief judge of each judicial circuit
74 may establish a veterans treatment court.
75 (4) ADMISSION.—A defendant who meets the eligibility
76 requirements under subsection (8) may be admitted to a veterans
77 treatment court at any stage of a criminal proceeding. A
78 defendant seeking to participate in a veterans treatment court
79 must submit an application to the court. The court must review
80 each application and determine whether the defendant meets the
81 eligibility requirements in subsection (8).
82 (5) RECORD OF POLICIES AND PROCEDURES.—A veterans treatment
83 court shall create a record of the policies and procedures
84 adopted to implement subsections (6) and (7).
85 (6) KEY COMPONENTS OF A VETERANS TREATMENT COURT.—
86 (a) A veterans treatment court shall adopt policies and
87 procedures to implement the following key components, including:
88 1. Integrating substance abuse and mental health treatment
89 services and any other related treatment and rehabilitation
90 services with justice system case processing;
91 2. Using a nonadversarial approach in which the state
92 attorney and defense counsel promote public safety while
93 protecting the due process rights of the defendant;
94 3. Providing early identification of eligible defendants;
95 4. Monitoring defendants for abstinence from alcohol and
96 drugs by frequent testing;
97 5. Providing ongoing judicial interaction with each
98 defendant;
99 6. Monitoring and evaluating the achievement of each
100 defendant’s program goals; and
101 7. Forging partnerships among the veterans treatment
102 courts, the United States Department of Veterans Affairs, the
103 Florida Department of Veterans’ Affairs, public agencies, and
104 community-based organizations to generate local support and
105 enhance the effectiveness of the veterans treatment court.
106 (b) In adopting policies and procedures under this section,
107 the court shall consult nationally recognized best practices
108 related to the key components of veterans treatment courts.
109 (7) SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS
110 TREATMENT COURTS.—A veterans treatment court may adopt
111 supplemental policies and procedures to:
112 (a) Refer a defendant with a medical need to an appropriate
113 health care provider or refer a defendant for other appropriate
114 assistance, including assistance with housing, employment,
115 nutrition, mentoring, and education.
116 (b) Otherwise encourage participation in the veterans
117 treatment court.
118 (8) ELIGIBILITY.—
119 (a) A defendant may participate in a veterans treatment
120 court if:
121 1. The defendant has a military-related mental health
122 condition, traumatic brain injury, substance use disorder, or
123 psychological problem;
124 2. The defendant voluntarily agrees to the terms of the
125 participation agreement by signing the agreement; and
126 3. The defendant’s participation in the veterans treatment
127 court is in the interests of justice, the defendant, and the
128 community, as determined by the court.
129 (b) In making the determination under subparagraph (a)3.,
130 the court must consider:
131 1. The nature and circumstances of the offense charged;
132 2. The recommendation of the state attorney;
133 3. The special characteristics or circumstances of the
134 defendant and any victim or alleged victim, including any
135 recommendation of the victim or alleged victim;
136 4. The defendant’s criminal history and whether the
137 defendant previously participated in a veterans treatment court
138 or similar program;
139 5. Whether the defendant’s needs exceed the treatment
140 resources available through the veterans treatment court;
141 6. The impact on the community of the defendant’s
142 participation and treatment in the veterans treatment court;
143 7. Recommendations of any law enforcement agency involved
144 in investigating or arresting the defendant;
145 8. If the defendant owes restitution, the likelihood of
146 payment during the defendant’s participation in the veterans
147 treatment court;
148 9. Any mitigating circumstances; and
149 10. Any other circumstances reasonably related to the
150 defendant’s case.
151 (9) PARTICIPANT AGREEMENT.—To participate in a veterans
152 treatment court, the defendant must sign, and the court must
153 approve, a participant agreement.
154 (10) MODIFICATION OR TERMINATION.—If a veterans treatment
155 court determines after a hearing that a defendant has not
156 complied with the participant agreement, the court may modify or
157 revoke the defendant’s participation in the program.
158 (11) COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans
159 treatment court determines that a defendant has completed the
160 requirements of the participant agreement, the court shall
161 dispose of the charge or charges that served as the basis of
162 participation in the veterans treatment court in accordance with
163 the participant agreement and any applicable plea agreement,
164 court order, or judgment.
165 (12) LIBERAL CONSTRUCTION.—The provisions of this section
166 shall be liberally construed.
167 (13) NO RIGHT TO PARTICIPATE.—This section does not create
168 a right of a veteran or servicemember to participate in a
169 veterans treatment court The chief judge of each judicial
170 circuit may establish a Military Veterans and Servicemembers
171 Court Program under which veterans, as defined in s. 1.01;
172 veterans who were discharged or released under any condition;
173 servicemembers, as defined in s. 250.01; individuals who are
174 current or former United States Department of Defense
175 contractors; and individuals who are current or former military
176 members of a foreign allied country, who are charged or
177 convicted of a criminal offense, and who suffer from a military
178 related mental illness, traumatic brain injury, substance abuse
179 disorder, or psychological problem can be sentenced in
180 accordance with chapter 921 in a manner that appropriately
181 addresses the severity of the mental illness, traumatic brain
182 injury, substance abuse disorder, or psychological problem
183 through services tailored to the individual needs of the
184 participant. Entry into any Military Veterans and Servicemembers
185 Court Program must be based upon the sentencing court’s
186 assessment of the defendant’s criminal history, military
187 service, substance abuse treatment needs, mental health
188 treatment needs, amenability to the services of the program, the
189 recommendation of the state attorney and the victim, if any, and
190 the defendant’s agreement to enter the program.
191 Section 2. Subsection (2) of section 43.51, Florida
192 Statutes, is amended to read:
193 43.51 Problem-solving court reports.—
194 (2) For purposes of this section, the term “problem-solving
195 court” includes, but is not limited to, a drug court pursuant to
196 s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s.
197 948.20; a veterans treatment military veterans’ and
198 servicemembers’ court pursuant to s. 394.47891, s. 948.08, s.
199 948.16, or s. 948.21; a mental health court program pursuant to
200 s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; a
201 community court pursuant to s. 948.081; or a delinquency
202 pretrial intervention court program pursuant to s. 985.345.
203 Section 3. Paragraph (a) of subsection (5) of section
204 910.035, Florida Statutes, is amended to read:
205 910.035 Transfer from county for plea, sentence, or
206 participation in a problem-solving court.—
207 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
208 (a) For purposes of this subsection, the term “problem
209 solving court” means a drug court pursuant to s. 948.01, s.
210 948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment
211 military veterans’ and servicemembers’ court pursuant to s.
212 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
213 court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
214 948.08, or s. 948.16; or a delinquency pretrial intervention
215 court program pursuant to s. 985.345.
216 Section 4. Paragraph (k) of subsection (2) of section
217 948.06, Florida Statutes, is amended to read:
218 948.06 Violation of probation or community control;
219 revocation; modification; continuance; failure to pay
220 restitution or cost of supervision.—
221 (2)
222 (k)1. Notwithstanding s. 921.0024 and effective for
223 offenses committed on or after July 1, 2016, the court may order
224 the offender to successfully complete a postadjudicatory mental
225 health court program under s. 394.47892 or a veterans treatment
226 military veterans and servicemembers court program under s.
227 394.47891 if:
228 a. The court finds or the offender admits that the offender
229 has violated his or her community control or probation;
230 b. The underlying offense is a nonviolent felony. As used
231 in this subsection, the term “nonviolent felony” means a third
232 degree felony violation under chapter 810 or any other felony
233 offense that is not a forcible felony as defined in s. 776.08.
234 Offenders charged with resisting an officer with violence under
235 s. 843.01, battery on a law enforcement officer under s. 784.07,
236 or aggravated assault may participate in the mental health court
237 program if the court so orders after the victim is given his or
238 her right to provide testimony or written statement to the court
239 as provided in s. 921.143;
240 c. The court determines that the offender is amenable to
241 the services of a postadjudicatory mental health court program,
242 including taking prescribed medications, or a veterans treatment
243 military veterans and servicemembers court program;
244 d. The court explains the purpose of the program to the
245 offender and the offender agrees to participate; and
246 e. The offender is otherwise qualified to participate in a
247 postadjudicatory mental health court program under s.
248 394.47892(4) or a veterans treatment military veterans and
249 servicemembers court program under s. 394.47891.
250 2. After the court orders the modification of community
251 control or probation, the original sentencing court shall
252 relinquish jurisdiction of the offender’s case to the
253 postadjudicatory mental health court program until the offender
254 is no longer active in the program, the case is returned to the
255 sentencing court due to the offender’s termination from the
256 program for failure to comply with the terms thereof, or the
257 offender’s sentence is completed.
258 Section 5. Paragraph (a) of subsection (7) of section
259 948.08, Florida Statutes, is amended to read:
260 948.08 Pretrial intervention program.—
261 (7)(a) Notwithstanding any provision of this section, a
262 person who is charged with a felony, other than a felony listed
263 in s. 948.06(8)(c), and who is identified as a veteran or a
264 servicemember, as defined in s. 394.47891, and is otherwise
265 qualified to participate in a veterans treatment court under s.
266 394.47891 s. 1.01; a veteran who is discharged or released under
267 any condition; a servicemember, as defined in s. 250.01; an
268 individual who is a current or former United States Department
269 of Defense contractor; or an individual who is a current or
270 former military member of a foreign allied country, who suffers
271 from a military service-related mental illness, traumatic brain
272 injury, substance abuse disorder, or psychological problem is
273 eligible for voluntary admission into a pretrial veterans’
274 treatment intervention program approved by the chief judge of
275 the circuit, upon motion of either party or the court’s own
276 motion, except:
277 1. If a defendant was previously offered admission to a
278 pretrial veterans’ treatment intervention program at any time
279 before trial and the defendant rejected that offer on the
280 record, the court may deny the defendant’s admission to such a
281 program.
282 2. If a defendant previously entered a court-ordered
283 veterans’ treatment program, the court may deny the defendant’s
284 admission into the pretrial veterans’ treatment program.
285 Section 6. Paragraph (a) of subsection (2) of section
286 948.16, Florida Statutes, is amended to read:
287 948.16 Misdemeanor pretrial substance abuse education and
288 treatment intervention program; misdemeanor pretrial veterans’
289 treatment intervention program; misdemeanor pretrial mental
290 health court program.—
291 (2)(a) A veteran or a servicemember, as defined in s.
292 394.47891, who is otherwise qualified to participate in a
293 veterans treatment court under that section s. 1.01; a veteran
294 who is discharged or released under any condition; a
295 servicemember, as defined in s. 250.01; an individual who is a
296 current or former United States Department of Defense
297 contractor; or an individual who is a current or former military
298 member of a foreign allied country, who suffers from a military
299 service-related mental illness, traumatic brain injury,
300 substance abuse disorder, or psychological problem, and who is
301 charged with a misdemeanor is eligible for voluntary admission
302 into a misdemeanor pretrial veterans’ treatment intervention
303 program approved by the chief judge of the circuit, for a period
304 based on the program’s requirements and the treatment plan for
305 the offender, upon motion of either party or the court’s own
306 motion. However, the court may deny the defendant admission into
307 a misdemeanor pretrial veterans’ treatment intervention program
308 if the defendant has previously entered a court-ordered
309 veterans’ treatment program.
310 Section 7. Present subsection (4) of section 948.21,
311 Florida Statutes, is renumbered as subsection (5), and a new
312 subsection (4) is added to that section, to read:
313 948.21 Condition of probation or community control;
314 military servicemembers and veterans.—
315 (4) Effective for a probationer or community controllee
316 whose crime is committed on or after October 1, 2020, and is a
317 veteran or a servicemember as defined in s. 394.47891, who is
318 otherwise qualified to participate in a veterans treatment court
319 under s. 394.47891, the court may, in addition to any other
320 conditions imposed, impose a condition requiring the probationer
321 or community controllee to participate in a treatment program
322 capable of treating the probationer or community controllee’s
323 mental illness, traumatic brain injury, substance use disorder,
324 or psychological problem.
325 Section 8. A Military Veterans and Servicemembers Court
326 Program in operation under s. 394.47891, Florida Statutes, as of
327 June 30, 2020, may continue to operate but must comply with the
328 amendments made by this act to that section. This act does not
329 affect or alter the rights or responsibilities of any person
330 who, as of June 30, 2020, was admitted to and participating in a
331 Military Veterans and Servicemembers Court Program established
332 under s. 394.47891, Florida Statutes.
333 Section 9. This act shall take effect July 1, 2020.
