Florida Senate - 2015 SENATOR AMENDMENT
Bill No. CS/SB 7068, 1st Eng.
Ì199730.Î199730
LEGISLATIVE ACTION
Senate . House
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Floor: WD/3R .
04/24/2015 11:12 AM .
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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,