CS/HB 17

1
A bill to be entitled
2An act relating to military veterans convicted of criminal
3offenses; providing a short title; creating s. 921.00242,
4F.S.; providing that persons found to have committed
5criminal offenses who allege that the offenses resulted
6from posttraumatic stress disorder, traumatic brain
7injury, substance use disorder, or psychological problems
8stemming from service in a combat theater in the United
9States military may have a hearing on that issue before
10sentencing; providing that defendants found to have
11committed offenses due to such causes and who are eligible
12for probation or community control may be placed in
13treatment programs in certain circumstances; providing for
14sentence credit for defendants placed in treatment who
15would have otherwise been incarcerated; providing a
16preference for treatment programs that have histories of
17successfully treating such combat veterans; amending s.
18948.08, F.S.; creating a pretrial veterans' treatment
19intervention program; providing requirements for a
20defendant to be voluntarily admitted to the pretrial
21program; providing certain exceptions to such admission;
22providing for the disposition of pending charges after a
23defendant's completion of the pretrial intervention
24program; providing for the charges to be expunged under
25certain circumstances; amending s. 948.16, F.S.; creating
26a misdemeanor pretrial veterans' treatment intervention
27program; providing requirements for voluntary admission to
28the misdemeanor pretrial program; providing for the
29misdemeanor charges to be expunged under certain
30circumstances; exempting treatment services provided by
31the Department of Veterans' Affairs or the United States
32Department of Veterans Affairs from certain contract
33requirements; providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  This act may be cited as the "T. Patt Maney
38Veterans' Treatment Intervention Act."
39     Section 2.  Section 921.00242, Florida Statutes, is created
40to read:
41     921.00242  Convicted military veterans; posttraumatic
42stress disorder, traumatic brain injury, substance use disorder,
43or psychological problems from service; treatment services.-
44     (1)  If a circuit or county court finds that a defendant
45has committed a criminal offense, the court must hold a
46veterans' status hearing before sentencing if the defendant has
47alleged that he or she committed the offense as a result of
48posttraumatic stress disorder, traumatic brain injury, substance
49use disorder, or psychological problems stemming from service in
50a combat theater in the United States military.
51     (2)  At a veterans' status hearing conducted as required by
52subsection (1), the court shall determine whether the defendant
53was a member of the military forces of the United States who
54served in a combat theater and assess whether the defendant
55suffers from posttraumatic stress disorder, traumatic brain
56injury, substance use disorder, or psychological problems as a
57result of that service. The defendant shall bear the burden of
58proof at the hearing.
59     (3)  If the court concludes that the defendant is a person
60described in subsection (2) who is eligible for probation or
61community control and the court places the defendant on county
62or state probation or into community control, the court may
63order the defendant into a local, state, federal, or private
64nonprofit treatment program as a condition of probation or
65community control if the defendant agrees to participate in the
66program and the court determines that an appropriate treatment
67program exists.
68     (4)  A defendant who is placed on county or state probation
69or into community control and committed to a residential
70treatment program under this section shall earn sentence credits
71for the actual time he or she serves in the residential
72treatment program if the court makes a written finding that it
73would otherwise have sentenced the defendant to incarceration
74except for the fact that the defendant is a person described in
75subsection (2).
76     (5)  In making an order under this section to commit a
77defendant to an treatment program, whenever possible the court
78shall place the defendant in a treatment program that has a
79history of successfully treating combat veterans who suffer from
80posttraumatic stress disorder, traumatic brain injury, substance
81use disorder, or psychological problems as a result of that
82service. The court shall give preference to treatment programs
83for which the veteran is eligible through the United States
84Department of Veterans Affairs or the Department of Veterans'
85Affairs.
86     Section 3.  Present subsection (7) of section 948.08,
87Florida Statutes, is renumbered as subsection (8), and a new
88subsection (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
91felony listed in s. 948.06(8)(c), and identified as a member or
92former member of the military forces of the United States who
93served in a combat theater and who suffers from posttraumatic
94stress disorder, traumatic brain injury, substance use disorder,
95or psychological problems as a result of that service is
96eligible for voluntary admission into a pretrial veterans'
97treatment intervention program approved by the chief judge of
98the circuit, upon motion of either party or the court's own
99motion, except:
100     1.  If a defendant was previously offered admission to a
101pretrial veterans' treatment intervention program at any time
102before trial and the defendant rejected that offer on the
103record, the court may deny the defendant's admission to such a
104program.
105     2.  If a defendant previously entered a court-ordered
106veterans' treatment program, the court may deny the defendant's
107admission into the pretrial veterans' treatment program.
108     3.  If the state attorney believes that the facts and
109circumstances of the case suggest the defendant's involvement in
110selling controlled substances, the court shall hold a
111preadmission hearing. If the state attorney establishes, by a
112preponderance of the evidence at such hearing, that the
113defendant was involved in selling controlled substances, the
114court shall deny the defendant's admission into a pretrial
115intervention program.
116     (b)  While enrolled in a pretrial intervention program
117authorized by this subsection, the participant is subject to a
118coordinated strategy developed by a veterans' treatment
119intervention team. The coordinated strategy should be modeled
120after the therapeutic jurisprudence principles and key
121components in s. 397.334(4), with treatment specific to the
122needs of veterans. The coordinated strategy may include a
123protocol of sanctions that may be imposed upon the participant
124for noncompliance with program rules. The protocol of sanctions
125may include, but is not limited to, placement in a treatment
126program offered by a licensed service provider or in a jail-
127based treatment program or serving a period of incarceration
128within the time limits established for contempt of court. The
129coordinated strategy must be provided in writing to the
130participant before the participant agrees to enter into a
131pretrial veterans' treatment intervention program or other
132pretrial intervention program. Any person whose charges are
133dismissed after successful completion of the pretrial veterans'
134treatment intervention program, if otherwise eligible, may have
135his or her arrest record and plea of nolo contendere to the
136dismissed charges expunged under s. 943.0585.
137     (c)  At the end of the pretrial intervention period, the
138court shall consider the recommendation of the administrator
139pursuant to subsection (5) and the recommendation of the state
140attorney as to disposition of the pending charges. The court
141shall determine, by written finding, whether the defendant has
142successfully completed the pretrial intervention program. If the
143court finds that the defendant has not successfully completed
144the pretrial intervention program, the court may order the
145person to continue in education and treatment, which may include
146treatment programs offered by licensed service providers or
147jail-based treatment programs, or order that the charges revert
148to normal channels for prosecution. The court shall dismiss the
149charges upon a finding that the defendant has successfully
150completed the pretrial intervention program.
151     Section 4.  Section 948.16, Florida Statutes, is amended to
152read:
153     948.16  Misdemeanor pretrial substance abuse education and
154treatment intervention program; misdemeanor pretrial veterans'
155treatment intervention program.-
156     (1)(a)  A person who is charged with a misdemeanor for
157possession of a controlled substance or drug paraphernalia under
158chapter 893, and who has not previously been convicted of a
159felony nor been admitted to a pretrial program, is eligible for
160voluntary admission into a misdemeanor pretrial substance abuse
161education and treatment intervention program, including a
162treatment-based drug court program established pursuant to s.
163397.334, approved by the chief judge of the circuit, for a
164period based on the program requirements and the treatment plan
165for the offender, upon motion of either party or the court's own
166motion, except, if the state attorney believes the facts and
167circumstances of the case suggest the defendant is involved in
168dealing and selling controlled substances, the court shall hold
169a preadmission hearing. If the state attorney establishes, by a
170preponderance of the evidence at such hearing, that the
171defendant was involved in dealing or selling controlled
172substances, the court shall deny the defendant's admission into
173the pretrial intervention program.
174     (b)  While enrolled in a pretrial intervention program
175authorized by this section, the participant is subject to a
176coordinated strategy developed by a drug court team under s.
177397.334(4). The coordinated strategy may include a protocol of
178sanctions that may be imposed upon the participant for
179noncompliance with program rules. The protocol of sanctions may
180include, but is not limited to, placement in a substance abuse
181treatment program offered by a licensed service provider as
182defined in s. 397.311 or in a jail-based treatment program or
183serving a period of incarceration within the time limits
184established for contempt of court. The coordinated strategy must
185be provided in writing to the participant before the participant
186agrees to enter into a pretrial treatment-based drug court
187program or other pretrial intervention program. Any person whose
188charges are dismissed after successful completion of the
189treatment-based drug court program, if otherwise eligible, may
190have his or her arrest record and plea of nolo contendere to the
191dismissed charges expunged under s. 943.0585.
192     (2)(a)  A member or former member of the military forces of
193the United States who served in a combat theater and who suffers
194from posttraumatic stress disorder, traumatic brain injury,
195substance use disorder, or psychological problems as a result of
196that service who is charged with a misdemeanor is eligible for
197voluntary admission into a misdemeanor pretrial veterans'
198treatment intervention program approved by the chief judge of
199the circuit, for a period based on the program requirements and
200the treatment plan for the offender, upon motion of either party
201or the court's own motion. However, the court may deny the
202defendant admission into a misdemeanor pretrial veterans'
203treatment intervention program if the defendant has previously
204entered a court-ordered veterans' treatment program.
205     (b)  While enrolled in a pretrial intervention program
206authorized by this section, the participant is subject to a
207coordinated strategy developed by a veterans' treatment
208intervention team. The coordinated strategy should be modeled
209after the therapeutic jurisprudence principles and key
210components in s. 397.334(4), with treatment specific to the
211needs of veterans. The coordinated strategy may include a
212protocol of sanctions that may be imposed upon the participant
213for noncompliance with program rules. The protocol of sanctions
214may include, but is not limited to, placement in a treatment
215program offered by a licensed service provider or in a jail-
216based treatment program or serving a period of incarceration
217within the time limits established for contempt of court. The
218coordinated strategy must be provided in writing to the
219participant before the participant agrees to enter into a
220misdemeanor pretrial veterans' treatment intervention program or
221other pretrial intervention program. Any person whose charges
222are dismissed after successful completion of the misdemeanor
223pretrial veterans' treatment intervention program, if otherwise
224eligible, may have his or her arrest record and plea of nolo
225contendere to the dismissed charges expunged under s. 943.0585.
226     (3)(2)  At the end of the pretrial intervention period, the
227court shall consider the recommendation of the treatment program
228and the recommendation of the state attorney as to disposition
229of the pending charges. The court shall determine, by written
230finding, whether the defendant successfully completed the
231pretrial intervention program. Notwithstanding the coordinated
232strategy developed by a drug court team pursuant to s.
233397.334(4) or by the veterans' treatment intervention team, if
234the court finds that the defendant has not successfully
235completed the pretrial intervention program, the court may order
236the person to continue in education and treatment or return the
237charges to the criminal docket for prosecution. The court shall
238dismiss the charges upon finding that the defendant has
239successfully completed the pretrial intervention program.
240     (4)(3)  Any public or private entity providing a pretrial
241substance abuse education and treatment program under this
242section shall contract with the county or appropriate
243governmental entity. The terms of the contract shall include,
244but not be limited to, the requirements established for private
245entities under s. 948.15(3). This requirement does not apply to
246services provided by the Department of Veterans' Affairs or the
247United 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.