HB 17

1
A bill to be entitled
2An act relating to military veterans convicted of criminal
3offenses; creating s. 921.00242, F.S.; providing that
4persons convicted of criminal offenses who allege that the
5offenses resulted from posttraumatic stress disorder,
6substance abuse, or psychological problems stemming from
7service in a combat theater in the United States military
8may have a hearing on that issue before sentencing;
9providing that defendants found to have committed offenses
10due to such causes and who are otherwise eligible for
11probation or community control may be placed in treatment
12programs for an equal period of time in certain
13circumstances; providing for sentence credit for such
14defendants placed in treatment; providing a preference for
15treatment programs with histories of successfully treating
16such combat veterans; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 921.00242, Florida Statutes, is created
21to read:
22     921.00242  Convicted military veterans; posttraumatic
23stress disorder, substance abuse, or psychological problems from
24service; treatment services.-
25     (1)  In the case of any person convicted of a criminal
26offense who would otherwise be sentenced to county jail or the
27state correctional system and who alleges that he or she
28committed the offense as a result of posttraumatic stress
29disorder, substance abuse, or psychological problems stemming
30from service in a combat theater in the United States military,
31the court shall, before sentencing, hold a hearing to determine
32whether the defendant was a member of the military forces of the
33United States who served in combat and shall assess whether the
34defendant suffers from posttraumatic stress disorder, substance
35abuse, or psychological problems as a result of that service.
36     (2)  If the court concludes that a defendant convicted of a
37criminal offense is a person described in subsection (1), and if
38the defendant is otherwise eligible for probation or community
39control and the court places the defendant on probation or
40community control, the court may order the defendant into a
41local, state, federal, or private nonprofit treatment program
42for a period not to exceed that which the defendant would have
43served in the state correctional system or county jail, provided
44the defendant agrees to participate in the program and the court
45determines that an appropriate treatment program exists.
46     (3)  A defendant granted probation or community control
47under this section and committed to a residential treatment
48program shall earn sentence credits for the actual time he or
49she served in residential treatment.
50     (4)  The court, in making an order under this section to
51commit a defendant to an established treatment program, shall
52give preference to a treatment program that has a history of
53successfully treating combat veterans who suffer from
54posttraumatic stress disorder, substance abuse, or psychological
55problems as a result of that service.
56     Section 2.  This act shall take effect July 1, 2011.


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