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