HB 117

1
A bill to be entitled
2An act relating to military veterans convicted of
3criminal offenses; providing a short title; creating
4s. 921.00242, F.S.; providing that a person found to
5have committed a criminal offense who alleges that the
6offense resulted from posttraumatic stress disorder,
7traumatic brain injury, substance use disorder, or
8psychological problems stemming from service in a
9combat theater in the United States military may have
10a hearing on that issue before sentencing; providing
11that a defendant found to have committed an offense
12due to such causes and who is eligible for probation
13or community control may be placed in a treatment
14program in certain circumstances; providing for
15sentence credit for a defendant placed in treatment
16who would have otherwise been incarcerated; providing
17a preference for treatment programs that have
18histories of successfully treating such combat
19veterans; amending s. 948.08, F.S.; creating a
20pretrial veterans' treatment intervention program;
21providing requirements for a defendant to be
22voluntarily admitted to the pretrial program;
23providing certain exceptions to such admission;
24providing for the disposition of pending charges
25following a defendant's completion of the pretrial
26intervention program; providing for the charges to be
27expunged under certain circumstances; amending s.
28948.16, F.S.; creating a misdemeanor pretrial
29veterans' treatment intervention program; providing
30requirements for voluntary admission to the
31misdemeanor pretrial program; providing for the
32misdemeanor charges to be expunged under certain
33circumstances; exempting treatment services provided
34by the Department of Veterans' Affairs or the United
35States Department of Veterans Affairs from certain
36contract requirements; providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  This act may be cited as the "T. Patt Maney
41Veterans' Treatment Intervention Act."
42     Section 2.  Section 921.00242, Florida Statutes, is created
43to read:
44     921.00242  Convicted military veterans; posttraumatic
45stress disorder, traumatic brain injury, substance use disorder,
46or psychological problems from service; treatment services.-
47     (1)  If a circuit or county court finds that a defendant
48has committed a criminal offense, the court must hold a
49veterans' status hearing prior to sentencing if the defendant
50has alleged that he or she committed the offense as a result of
51posttraumatic stress disorder, traumatic brain injury, substance
52use disorder, or psychological problems stemming from service in
53a combat theater in the United States military.
54     (2)  At a veterans' status hearing conducted as required by
55subsection (1), the court shall determine whether the defendant
56was a member of the military forces of the United States who
57served in a combat theater and assess whether the defendant
58suffers from posttraumatic stress disorder, traumatic brain
59injury, substance use disorder, or psychological problems as a
60result of that service. The defendant shall bear the burden of
61proof at the hearing.
62     (3)  If the court concludes that the defendant is a person
63described in subsection (2) who is eligible for probation or
64community control and the court places the defendant on county
65or state probation or into community control, the court may
66order the defendant into a local, state, federal, or private
67nonprofit treatment program as a condition of probation or
68community control if the defendant agrees to participate in the
69program and the court determines that an appropriate treatment
70program exists.
71     (4)  A defendant who is placed on county or state probation
72or into community control and committed to a residential
73treatment program under this section shall earn sentence credits
74for the actual time he or she serves in the residential
75treatment program if the court makes a written finding that it
76would otherwise have sentenced the defendant to incarceration
77except for the fact that the defendant is a person described in
78subsection (2).
79     (5)  In making an order under this section to commit a
80defendant to a treatment program, whenever possible the court
81shall place the defendant in a treatment program that has a
82history of successfully treating combat veterans who suffer from
83posttraumatic stress disorder, traumatic brain injury, substance
84use disorder, or psychological problems as a result of that
85service. The court shall give preference to treatment programs
86for which the veteran is eligible through the United States
87Department of Veterans Affairs or the Department of Veterans'
88Affairs.
89     Section 3.  Present subsection (7) of section 948.08,
90Florida Statutes, is renumbered as subsection (8), and a new
91subsection (7) is added to that section, to read:
92     948.08  Pretrial intervention program.-
93     (7)(a)  A person who is charged with a felony, other than a
94felony listed in s. 948.06(8)(c), and identified as a member or
95former member of the military forces of the United States who
96served in a combat theater and who suffers from posttraumatic
97stress disorder, traumatic brain injury, substance use disorder,
98or psychological problems as a result of that service is
99eligible for voluntary admission into a pretrial veterans'
100treatment intervention program approved by the chief judge of
101the circuit, upon motion of either party or the court's own
102motion, except:
103     1.  If a defendant was previously offered admission to a
104pretrial veterans' treatment intervention program at any time
105prior to trial and the defendant rejected that offer on the
106record, the court may deny the defendant's admission to such a
107program.
108     2.  If a defendant previously entered a court-ordered
109veterans' treatment program, the court may deny the defendant's
110admission into the pretrial veterans' treatment program.
111     3.  If the state attorney believes that the facts and
112circumstances of the case suggest the defendant's involvement in
113the selling of controlled substances, the court shall hold a
114preadmission hearing. If the state attorney establishes, by a
115preponderance of the evidence at such hearing, that the
116defendant was involved in the selling of controlled substances,
117the court shall deny the defendant's admission into a pretrial
118intervention program.
119     (b)  While enrolled in a pretrial intervention program
120authorized by this subsection, the participant shall be subject
121to a coordinated strategy developed by a veterans' treatment
122intervention team. The coordinated strategy should be modeled
123after the therapeutic jurisprudence principles and key
124components in s. 397.334(4), with treatment specific to the
125needs of veterans. The coordinated strategy may include a
126protocol of sanctions that may be imposed upon the participant
127for noncompliance with program rules. The protocol of sanctions
128may include, but need not be limited to, placement in a
129treatment program offered by a licensed service provider or in a
130jail-based treatment program or serving a period of
131incarceration within the time limits established for contempt of
132court. The coordinated strategy must be provided in writing to
133the participant before the participant agrees to enter into a
134pretrial veterans' treatment intervention program or other
135pretrial intervention program. Any person whose charges are
136dismissed after successful completion of the pretrial veterans'
137treatment intervention program, if otherwise eligible, may have
138his or her arrest record and plea of nolo contendere to the
139dismissed charges expunged under s. 943.0585.
140     (c)  At the end of the pretrial intervention period, the
141court shall consider the recommendation of the administrator
142pursuant to subsection (5) and the recommendation of the state
143attorney as to disposition of the pending charges. The court
144shall determine, by written finding, whether the defendant has
145successfully completed the pretrial intervention program. If the
146court finds that the defendant has not successfully completed
147the pretrial intervention program, the court may order the
148person to continue in education and treatment, which may include
149treatment programs offered by licensed service providers or
150jail-based treatment programs, or order that the charges revert
151to normal channels for prosecution. The court shall dismiss the
152charges upon a finding that the defendant has successfully
153completed the pretrial intervention program.
154     Section 4.  Section 948.16, Florida Statutes, is amended to
155read:
156     948.16  Misdemeanor pretrial substance abuse education and
157treatment intervention program; misdemeanor pretrial veterans'
158treatment intervention program.-
159     (1)(a)  A person who is charged with a misdemeanor for
160possession of a controlled substance or drug paraphernalia under
161chapter 893, and who has not previously been convicted of a
162felony nor been admitted to a pretrial program, is eligible for
163voluntary admission into a misdemeanor pretrial substance abuse
164education and treatment intervention program, including a
165treatment-based drug court program established pursuant to s.
166397.334, approved by the chief judge of the circuit, for a
167period based on the program requirements and the treatment plan
168for the offender, upon motion of either party or the court's own
169motion, except, if the state attorney believes the facts and
170circumstances of the case suggest the defendant is involved in
171dealing and selling controlled substances, the court shall hold
172a preadmission hearing. If the state attorney establishes, by a
173preponderance of the evidence at such hearing, that the
174defendant was involved in dealing or selling controlled
175substances, the court shall deny the defendant's admission into
176the pretrial intervention program.
177     (b)  While enrolled in a pretrial intervention program
178authorized by this section, the participant is subject to a
179coordinated strategy developed by a drug court team under s.
180397.334(4). The coordinated strategy may include a protocol of
181sanctions that may be imposed upon the participant for
182noncompliance with program rules. The protocol of sanctions may
183include, but is not limited to, placement in a substance abuse
184treatment program offered by a licensed service provider as
185defined in s. 397.311 or in a jail-based treatment program or
186serving a period of incarceration within the time limits
187established for contempt of court. The coordinated strategy must
188be provided in writing to the participant before the participant
189agrees to enter into a pretrial treatment-based drug court
190program or other pretrial intervention program. Any person whose
191charges are dismissed after successful completion of the
192treatment-based drug court program, if otherwise eligible, may
193have his or her arrest record and plea of nolo contendere to the
194dismissed charges expunged under s. 943.0585.
195     (2)(a)  A member or former member of the military forces of
196the United States who served in a combat theater and who suffers
197from posttraumatic stress disorder, traumatic brain injury,
198substance use disorder, or psychological problems as a result of
199that service who is charged with a misdemeanor is eligible for
200voluntary admission into a misdemeanor pretrial veterans'
201treatment intervention program approved by the chief judge of
202the circuit, for a period based on the program requirements and
203the treatment plan for the offender, upon motion of either party
204or the court's own motion. However, the court may deny the
205defendant admission into a misdemeanor pretrial veterans'
206treatment intervention program if the defendant has previously
207entered a court-ordered veterans' treatment program.
208     (b)  While enrolled in a pretrial intervention program
209authorized by this section, the participant shall be subject to
210a coordinated strategy developed by a veterans' treatment
211intervention team. The coordinated strategy should be modeled
212after the therapeutic jurisprudence principles and key
213components in s. 397.334(4), with treatment specific to the
214needs of veterans. The coordinated strategy may include a
215protocol of sanctions that may be imposed upon the participant
216for noncompliance with program rules. The protocol of sanctions
217may include, but need not be limited to, placement in a
218treatment program offered by a licensed service provider or in a
219jail-based treatment program or serving a period of
220incarceration within the time limits established for contempt of
221court. The coordinated strategy must be provided in writing to
222the participant before the participant agrees to enter into a
223misdemeanor pretrial veterans' treatment intervention program or
224other pretrial intervention program. Any person whose charges
225are dismissed after successful completion of the misdemeanor
226pretrial veterans' treatment intervention program, if otherwise
227eligible, may have his or her arrest record and plea of nolo
228contendere to the dismissed charges expunged under s. 943.0585.
229     (3)(2)  At the end of the pretrial intervention period, the
230court shall consider the recommendation of the treatment program
231and the recommendation of the state attorney as to disposition
232of the pending charges. The court shall determine, by written
233finding, whether the defendant successfully completed the
234pretrial intervention program. Notwithstanding the coordinated
235strategy developed by a drug court team pursuant to s.
236397.334(4) or by the veterans' treatment intervention team, if
237the court finds that the defendant has not successfully
238completed the pretrial intervention program, the court may order
239the person to continue in education and treatment or return the
240charges to the criminal docket for prosecution. The court shall
241dismiss the charges upon finding that the defendant has
242successfully completed the pretrial intervention program.
243     (4)(3)  Any public or private entity providing a pretrial
244substance abuse education and treatment program under this
245section shall contract with the county or appropriate
246governmental entity. The terms of the contract shall include,
247but not be limited to, the requirements established for private
248entities under s. 948.15(3). This requirement does not apply to
249services provided by the Department of Veterans' Affairs or the
250United States Department of Veterans Affairs.
251     Section 5.  This act shall take effect July 1, 2012.


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