Florida Senate - 2015 SENATOR AMENDMENT Bill No. CS/SB 7068, 1st Eng. Ì199730.Î199730 LEGISLATIVE ACTION Senate . House . . . Floor: WD/3R . 04/24/2015 11:12 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Garcia moved the following: 1 Senate Amendment to Amendment (902964) (with title 2 amendment) 3 4 Between lines 3813 and 3814 5 insert: 6 Section 36. Subsection (8) is added to section 948.01, 7 Florida Statutes, to read: 8 948.01 When court may place defendant on probation or into 9 community control.— 10 (8)(a) Notwithstanding s. 921.0024 and effective for 11 offenses committed on or after July 1, 2015, the sentencing 12 court may place the defendant into a postadjudicatory treatment 13 based mental health court program if the offense is a nonviolent 14 felony, the defendant is amenable to mental health treatment, 15 including taking prescribed medications, and the defendant is 16 otherwise qualified under s. 394.47892(4). The satisfactory 17 completion of the program must be a condition of the defendant’s 18 probation or community control. As used in this subsection, the 19 term “nonviolent felony” means a felony violation of the third 20 degree under chapter 810 or any other felony offense that is not 21 a forcible felony as defined in s. 776.08. Defendants charged 22 with resisting an officer with violence under s. 843.01, battery 23 on a law enforcement officer under s. 784.07, or aggravated 24 assault may participate in the mental health court program if 25 the court so orders after the victim is given his or her right 26 to provide testimony or a written statement to the court as 27 provided in s. 921.143. 28 (b) The defendant must be fully advised of the purpose of 29 the program and the defendant must agree to enter the program. 30 The original sentencing court shall relinquish jurisdiction of 31 the defendant’s case to the postadjudicatory treatment-based 32 mental health court program until the defendant is no longer 33 active in the program, the case is returned to the sentencing 34 court due to the defendant’s termination from the program for 35 failure to comply with the terms thereof, or the defendant’s 36 sentence is completed. 37 (c) The Department of Corrections may establish designated 38 mental health probation officers to support individuals under 39 supervision of the mental health court. 40 Section 37. Paragraph (j) is added to subsection (2) of 41 section 948.06, Florida Statutes, to read: 42 948.06 Violation of probation or community control; 43 revocation; modification; continuance; failure to pay 44 restitution or cost of supervision.— 45 (2) 46 (j)1. Notwithstanding s. 921.0024 and effective for 47 offenses committed on or after July 1, 2015, the court may order 48 the offender to successfully complete a postadjudicatory 49 treatment-based mental health court program under s. 394.47892 50 or a military veterans and servicemembers court program under s. 51 394.47891 if: 52 a. The court finds or the offender admits that the offender 53 has violated his or her community control or probation. 54 b. The underlying offense is a nonviolent felony. As used 55 in this subsection, the term “nonviolent felony” means a felony 56 violation of the third degree under chapter 810 or any other 57 felony offense that is not a forcible felony as defined in s. 58 776.08. Offenders charged with resisting an officer with 59 violence under s. 843.01, battery on a law enforcement officer 60 under s. 784.07, or aggravated assault may participate in the 61 mental health court program if the court so orders after the 62 victim is given his or her right to provide testimony or a 63 written statement to the court as provided in s. 921.143. 64 c. The court determines that the offender is amenable to 65 the services of a postadjudicatory treatment-based mental health 66 court program, including taking prescribed medications, or a 67 military veterans and servicemembers court program. 68 d. The court explains the purpose of the program to the 69 offender and the offender agrees to participate. 70 e. The offender is otherwise qualified to participate in a 71 postadjudicatory treatment-based mental health court program 72 under s. 394.47892(4) or a military veterans and servicemembers 73 court program under s. 394.47891. 74 2. After the court orders the modification of community 75 control or probation, the original sentencing court shall 76 relinquish jurisdiction of the offender’s case to the 77 postadjudicatory treatment-based mental health court program 78 until the offender is no longer active in the program, the case 79 is returned to the sentencing court due to the offender’s 80 termination from the program for failure to comply with the 81 terms thereof, or the offender’s sentence is completed. 82 83 ================= T I T L E A M E N D M E N T ================ 84 And the title is amended as follows: 85 Delete line 5867 86 and insert: 87 provisions are not severable; amending ss. 948.01 and 88 948.06, F.S.; providing for courts to order certain 89 defendants on probation or community control to 90 postadjudicatory mental health court programs; 91 amending s. 948.08,