Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 138
       
       
       
       
       
       
                                Barcode 624892                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2011           .                                
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       The Committee on Criminal Justice (Dean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the "T. Patt Maney
    6  Veterans' Treatment Intervention Act."
    7         Section 2. Section 921.00242, Florida Statutes, is created
    8  to read:
    9         921.00242 Convicted military veterans; posttraumatic stress
   10  disorder, traumatic brain injury, substance use disorder, or
   11  psychological problems from service; treatment services.—
   12         (1) If a circuit or county court finds that a defendant has
   13  committed a criminal offense, the court must hold a veterans
   14  status hearing prior to sentencing if the defendant has alleged
   15  that he or she committed the offense as a result of
   16  posttraumatic stress disorder, traumatic brain injury, substance
   17  use disorder, or psychological problems stemming from service in
   18  a combat theater in the United States military.
   19         (2) At a veterans status hearing conducted as required by
   20  subsection (1), the court shall determine whether the defendant
   21  was a member of the military forces of the United States who
   22  served in a combat theater and assess whether the defendant
   23  suffers from posttraumatic stress disorder, traumatic brain
   24  injury, substance use disorder, or psychological problems as a
   25  result of that service. The defendant shall bear the burden of
   26  proof at the hearing.
   27         (3) If the court concludes that the defendant is a person
   28  described in subsection (2) who is eligible for probation or
   29  community control and the court places the defendant on county
   30  or state probation or into community control, the court may
   31  order the defendant into a local, state, federal, or private
   32  nonprofit treatment program as a condition of probation or
   33  community control provided the defendant agrees to participate
   34  in the program and the court determines that an appropriate
   35  treatment program exists.
   36         (4) A defendant who is placed on county or state probation
   37  or into community control and committed to a residential
   38  treatment program under this section shall earn sentence credits
   39  for the actual time he or she serves in the residential
   40  treatment program if the court makes a written finding that it
   41  would otherwise have sentenced the defendant to incarceration
   42  except for the fact that the defendant is a person described in
   43  subsection (2).
   44         (5) In making an order under this section to commit a
   45  defendant to an treatment program, whenever possible the court
   46  shall place the defendant in a treatment program that has a
   47  history of successfully treating combat veterans who suffer from
   48  posttraumatic stress disorder, traumatic brain injury, substance
   49  use disorder, or psychological problems as a result of that
   50  service. The court shall give preference to treatment programs
   51  for which the veteran is eligible through the United States
   52  Department of Veterans Affairs or the Florida Department of
   53  Veterans Affairs.
   54         Section 3. Subsection (7) of section 948.08, Florida
   55  Statutes, is renumbered as subsection (8), and a new subsection
   56  (7) is added to that section, to read:
   57         948.08 Pretrial intervention program.—
   58         (7)(a) For purposes of this subsection, the term
   59  “nonviolent felony” means a third degree felony violation of
   60  chapter 810 or any other felony offense that is not a forcible
   61  felony as defined in s. 776.08. Notwithstanding any provision of
   62  this section, a person who is charged with a nonviolent felony
   63  and is identified as a member or former member of the military
   64  forces of the United States who served in a combat theater and
   65  who suffers from posttraumatic stress disorder, traumatic brain
   66  injury, substance use disorder, or psychological problems as a
   67  result of that service is eligible for voluntary admission into
   68  a pretrial veterans treatment intervention program approved by
   69  the chief judge of the circuit, upon motion of either party or
   70  the court’s own motion, except:
   71         1. If a defendant was previously offered admission to a
   72  pretrial veterans treatment intervention program at any time
   73  prior to trial and the defendant rejected that offer on the
   74  record, then the court or the state attorney may deny the
   75  defendant’s admission to such a program.
   76         2. If a defendant previously entered a court-ordered
   77  veterans treatment program, then the court or the state attorney
   78  may deny the defendant's admission into the pretrial veterans
   79  treatment program.
   80         3. If the state attorney believes that the facts and
   81  circumstances of the case suggest the defendant’s involvement in
   82  the selling of controlled substances, the court shall hold a
   83  preadmission hearing. If the state attorney establishes, by a
   84  preponderance of the evidence at such hearing, that the
   85  defendant was involved in the selling of controlled substances,
   86  the court shall deny the defendant’s admission into a pretrial
   87  intervention program.
   88         (b) While enrolled in a pretrial intervention program
   89  authorized by this subsection, the participant is subject to a
   90  coordinated strategy developed by a veterans treatment
   91  intervention team. The coordinated strategy should be modeled
   92  after the therapeutic jurisprudence principles and key
   93  components in s. 397.334(4), with treatment specific to the
   94  needs of veterans. The coordinated strategy may include a
   95  protocol of sanctions that may be imposed upon the participant
   96  for noncompliance with program rules. The protocol of sanctions
   97  may include, but is not limited to, placement in a treatment
   98  program offered by a licensed service provider or in a jail
   99  based treatment program or serving a period of incarceration
  100  within the time limits established for contempt of court. The
  101  coordinated strategy must be provided in writing to the
  102  participant before the participant agrees to enter into a
  103  pretrial veterans treatment intervention program or other
  104  pretrial intervention program. Any person whose charges are
  105  dismissed after successful completion of the pretrial veterans
  106  treatment intervention program, if otherwise eligible, may have
  107  his or her arrest record and plea of nolo contendere to the
  108  dismissed charges expunged under s. 943.0585.
  109         (c) At the end of the pretrial intervention period, the
  110  court shall consider the recommendation of the administrator
  111  pursuant to subsection (5) and the recommendation of the state
  112  attorney as to disposition of the pending charges. The court
  113  shall determine, by written finding, whether the defendant has
  114  successfully completed the pretrial intervention program. If the
  115  court finds that the defendant has not successfully completed
  116  the pretrial intervention program, the court may order the
  117  person to continue in education and treatment, which may include
  118  treatment programs offered by licensed service providers or
  119  jail-based treatment programs, or order that the charges revert
  120  to normal channels for prosecution. The court shall dismiss the
  121  charges upon a finding that the defendant has successfully
  122  completed the pretrial intervention program.
  123         (8)(7) The department may contract for the services and
  124  facilities necessary to operate pretrial intervention programs.
  125         Section 4. Section 948.16, Florida Statutes, is amended to
  126  read:
  127         948.16 Misdemeanor pretrial substance abuse education and
  128  treatment intervention program; misdemeanor pretrial veterans
  129  treatment intervention program.—
  130         (1)(a) A person who is charged with a misdemeanor for
  131  possession of a controlled substance or drug paraphernalia under
  132  chapter 893, and who has not previously been convicted of a
  133  felony nor been admitted to a pretrial program, is eligible for
  134  voluntary admission into a misdemeanor pretrial substance abuse
  135  education and treatment intervention program, including a
  136  treatment-based drug court program established pursuant to s.
  137  397.334, approved by the chief judge of the circuit, for a
  138  period based on the program requirements and the treatment plan
  139  for the offender, upon motion of either party or the court’s own
  140  motion, except, if the state attorney believes the facts and
  141  circumstances of the case suggest the defendant is involved in
  142  dealing and selling controlled substances, the court shall hold
  143  a preadmission hearing. If the state attorney establishes, by a
  144  preponderance of the evidence at such hearing, that the
  145  defendant was involved in dealing or selling controlled
  146  substances, the court shall deny the defendant’s admission into
  147  the pretrial intervention program.
  148         (b) While enrolled in a pretrial intervention program
  149  authorized by this section, the participant is subject to a
  150  coordinated strategy developed by a drug court team under s.
  151  397.334(4). The coordinated strategy may include a protocol of
  152  sanctions that may be imposed upon the participant for
  153  noncompliance with program rules. The protocol of sanctions may
  154  include, but is not limited to, placement in a substance abuse
  155  treatment program offered by a licensed service provider as
  156  defined in s. 397.311 or in a jail-based treatment program or
  157  serving a period of incarceration within the time limits
  158  established for contempt of court. The coordinated strategy must
  159  be provided in writing to the participant before the participant
  160  agrees to enter into a pretrial treatment-based drug court
  161  program or other pretrial intervention program. Any person whose
  162  charges are dismissed after successful completion of the
  163  treatment-based drug court program, if otherwise eligible, may
  164  have his or her arrest record and plea of nolo contendere to the
  165  dismissed charges expunged under s. 943.0585.
  166         (2)(a) A member or former member of the military forces of
  167  the United States who served in a combat theater and who suffers
  168  from posttraumatic stress disorder, traumatic brain injury,
  169  substance use disorder, or psychological problems as a result of
  170  that service who is charged with a misdemeanor, and who has not
  171  previously been admitted to a veterans treatment intervention
  172  program, is eligible for voluntary admission into a misdemeanor
  173  pretrial veterans treatment intervention program approved by the
  174  chief judge of the circuit, for a period based on the program
  175  requirements and the treatment plan for the offender, upon
  176  motion of either party or the court’s own motion.
  177         (b) While enrolled in a pretrial intervention program
  178  authorized by this section, the participant is subject to a
  179  coordinated strategy developed by a veterans treatment
  180  intervention team. The coordinated strategy should be modeled
  181  after the therapeutic jurisprudence principles and key
  182  components in s. 397.334(4), with treatment specific to the
  183  needs of veterans. The coordinated strategy may include a
  184  protocol of sanctions that may be imposed upon the participant
  185  for noncompliance with program rules. The protocol of sanctions
  186  may include, but is not limited to, placement in a treatment
  187  program offered by a licensed service provider or in a jail
  188  based treatment program or serving a period of incarceration
  189  within the time limits established for contempt of court. The
  190  coordinated strategy must be provided in writing to the
  191  participant before the participant agrees to enter into a
  192  misdemeanor pretrial veterans treatment intervention program or
  193  other pretrial intervention program. Any person whose charges
  194  are dismissed after successful completion of the misdemeanor
  195  pretrial veterans treatment intervention program, if otherwise
  196  eligible, may have his or her arrest record and plea of nolo
  197  contendere to the dismissed charges expunged under s. 943.0585.
  198         (3)(2) At the end of the pretrial intervention period, the
  199  court shall consider the recommendation of the treatment program
  200  and the recommendation of the state attorney as to disposition
  201  of the pending charges. The court shall determine, by written
  202  finding, whether the defendant successfully completed the
  203  pretrial intervention program. Notwithstanding the coordinated
  204  strategy developed by a drug court team pursuant to s.
  205  397.334(4) or by the veterans treatment intervention team, if
  206  the court finds that the defendant has not successfully
  207  completed the pretrial intervention program, the court may order
  208  the person to continue in education and treatment or return the
  209  charges to the criminal docket for prosecution. The court shall
  210  dismiss the charges upon finding that the defendant has
  211  successfully completed the pretrial intervention program.
  212         (4)(3) Any public or private entity providing a pretrial
  213  substance abuse education and treatment program under this
  214  section shall contract with the county or appropriate
  215  governmental entity. The terms of the contract shall include,
  216  but not be limited to, the requirements established for private
  217  entities under s. 948.15(3).
  218         Section 5. This act shall take effect July 1, 2011.
  219  
  220  ================= T I T L E  A M E N D M E N T ================
  221         And the title is amended as follows:
  222         Delete everything before the enacting clause
  223  and insert:
  224                        A bill to be entitled                      
  225         An act relating to military veterans convicted of
  226         criminal offenses; creating s. 921.00242, F.S.;
  227         providing that persons found to have committed
  228         criminal offenses who allege that the offenses
  229         resulted from posttraumatic stress disorder, traumatic
  230         brain injury, substance use disorder, or psychological
  231         problems stemming from service in a combat theater in
  232         the United States military may have a hearing on that
  233         issue before sentencing; providing that defendants
  234         found to have committed offenses due to such causes
  235         and who are eligible for probation or community
  236         control may be placed in treatment programs in certain
  237         circumstances; providing for sentence credit for
  238         defendants placed in treatment who would have
  239         otherwise been incarcerated; providing a preference
  240         for treatment programs with histories of successfully
  241         treating such combat veterans; amending s. 948.08;
  242         creating a pretrial veterans treatment intervention
  243         program; amending s. 948.16; creating a misdemeanor
  244         pretrial veterans treatment intervention program;
  245         providing an effective date.