Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1496
       
       
       
       
       
       
                                Ì271626.Î271626                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2020           .                                
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       The Committee on Military and Veterans Affairs and Space (Lee)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 394.47891, Florida Statutes, is amended
    6  to read:
    7         394.47891 Military Veterans treatment and servicemembers
    8  court programs.—
    9         (1)LEGISLATIVE INTENT.—It is the intent of the Legislature
   10  to encourage and support the judicial circuits of the state, and
   11  other such agencies, local governments, interested public or
   12  private entities, and individuals, to create and maintain
   13  veterans treatment courts in each circuit. The purpose of a
   14  veterans treatment court program is to address the underlying
   15  causes of a servicemember’s or veteran’s involvement with the
   16  judicial system through the use of specialized dockets,
   17  multidisciplinary teams, and evidence-based treatment. A
   18  veterans treatment court program shall use nonadversarial
   19  approaches to resolve such issues. Veterans treatment courts
   20  depend on the leadership of judges or magistrates who are
   21  educated in the issues and science of behaviors leading to court
   22  involvement and require a rigorous team effort to detect,
   23  discern, and assist servicemembers and veterans in correcting
   24  the behaviors and choices that led to the veterans’ court
   25  involvement. This act creates a detailed statewide standard for
   26  the creation and operation of, and procedures for, veterans
   27  treatment courts.
   28         (2)DEFINITIONS.—For purposes of this section, the term:
   29         (a)“Defendant” means a veteran or servicemember who has
   30  been charged with or convicted of a criminal offense.
   31         (b)“Participant agreement” means the agreement as set
   32  forth in subsection (9) and any specific terms and conditions
   33  applicable to the defendant. The term includes any modifications
   34  made to the agreement under subsection (10).
   35         (c)“Servicemember” means:
   36         1.A member of the active or reserve components of the
   37  United States Army, Navy, Air Force, Marine Corps, or Coast
   38  Guard;
   39         2.A member of the Florida National Guard;
   40         3.A current or former contractor for the United States
   41  Department of Defense; or
   42         4.A current or former military member of a foreign allied
   43  country.
   44         (d)“Veteran” means a person who has served in the
   45  military.
   46         (e)“Veterans treatment court” means a specialized docket
   47  administered by a court for veterans and servicemembers as set
   48  forth in this section.
   49         (3) AUTHORIZATION.—The chief judge of each judicial circuit
   50  may establish a veterans treatment court.
   51         (4)ADMISSION.—A defendant who meets the eligibility
   52  requirements under subsection (8) may be admitted to a veterans
   53  treatment court at any stage of a criminal proceeding. A
   54  defendant seeking to participate in a veterans treatment court
   55  must submit an application to the court. The court must review
   56  each application and determine whether the defendant meets the
   57  eligibility requirements in subsection (8).
   58         (5)RECORD OF POLICIES AND PROCEDURES.—A veterans treatment
   59  court shall create a record of the policies and procedures
   60  adopted to implement subsections (6) and (7).
   61         (6)KEY COMPONENTS OF A VETERANS TREATMENT COURT.—
   62         (a)A veterans treatment court shall adopt policies and
   63  procedures to implement the following key components, including:
   64         1.Integrating substance abuse and mental health treatment
   65  services and any other related treatment and rehabilitation
   66  services with justice system case processing;
   67         2.Using a nonadversarial approach in which the state
   68  attorney and defense counsel promote public safety while
   69  protecting the due process rights of the defendant;
   70         3.Providing early identification of eligible defendants;
   71         4.Monitoring defendants for abstinence from alcohol and
   72  drugs by frequent testing;
   73         5.Providing ongoing judicial interaction with each
   74  defendant;
   75         6.Monitoring and evaluating the achievement of each
   76  defendant’s program goals; and
   77         7.Forging partnerships among the veterans treatment
   78  courts, the United States Department of Veterans Affairs, the
   79  Florida Department of Veterans’ Affairs, public agencies, and
   80  community-based organizations to generate local support and
   81  enhance the effectiveness of the veterans treatment court.
   82         (b)In adopting policies and procedures under this section,
   83  the court shall consult nationally recognized best practices
   84  related to the key components of veterans treatment courts.
   85         (7)SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS
   86  TREATMENT COURTS.—A veterans treatment court may adopt
   87  supplemental policies and procedures to:
   88         (a)Refer a defendant with a medical need to an appropriate
   89  health care provider or refer a defendant for other appropriate
   90  assistance, including assistance with housing, employment,
   91  nutrition, mentoring, and education.
   92         (b)Otherwise encourage participation in the veterans
   93  treatment court.
   94         (8)ELIGIBILITY.—
   95         (a)A defendant may participate in a veterans treatment
   96  court if:
   97         1.The defendant has a military-related mental health
   98  condition, traumatic brain injury, substance use disorder, or
   99  psychological problem;
  100         2.The defendant voluntarily agrees to the terms of the
  101  participation agreement by signing the agreement; and
  102         3.The defendant’s participation in the veterans treatment
  103  court is in the interests of justice, the defendant, and the
  104  community, as determined by the court.
  105         (b)In making the determination under subparagraph (a)3.,
  106  the court must consider:
  107         1.The nature and circumstances of the offense charged;
  108         2. The recommendation of the state attorney;
  109         3.The special characteristics or circumstances of the
  110  defendant and any victim or alleged victim, including any
  111  recommendation of the victim or alleged victim;
  112         4.The defendant’s criminal history and whether the
  113  defendant previously participated in a veterans treatment court
  114  or similar program;
  115         5.Whether the defendant’s needs exceed the treatment
  116  resources available through the veterans treatment court;
  117         6.The impact on the community of the defendant’s
  118  participation and treatment in the veterans treatment court;
  119         7.Recommendations of any law enforcement agency involved
  120  in investigating or arresting the defendant;
  121         8.If the defendant owes restitution, the likelihood of
  122  payment during the defendant’s participation in the veterans
  123  treatment court;
  124         9.Any mitigating circumstances; and
  125         10.Any other circumstances reasonably related to the
  126  defendant’s case.
  127         (9)PARTICIPANT AGREEMENT.—To participate in a veterans
  128  treatment court, the defendant must sign, and the court must
  129  approve, a participant agreement.
  130         (10)MODIFICATION OR TERMINATION.—If a veterans treatment
  131  court determines after a hearing that a defendant has not
  132  complied with the participant agreement, the court may modify or
  133  revoke the defendant’s participation in the program.
  134         (11)COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans
  135  treatment court determines that a defendant has completed the
  136  requirements of the participant agreement, the court shall
  137  dispose of the charge or charges that served as the basis of
  138  participation in the veterans treatment court in accordance with
  139  the participant agreement and any applicable plea agreement,
  140  court order, or judgment.
  141         (12)LIBERAL CONSTRUCTION.—The provisions of this section
  142  shall be liberally construed.
  143         (13)NO RIGHT TO PARTICIPATE.—This section does not create
  144  a right of a veteran or servicemember to participate in a
  145  veterans treatment court The chief judge of each judicial
  146  circuit may establish a Military Veterans and Servicemembers
  147  Court Program under which veterans, as defined in s. 1.01;
  148  veterans who were discharged or released under any condition;
  149  servicemembers, as defined in s. 250.01; individuals who are
  150  current or former United States Department of Defense
  151  contractors; and individuals who are current or former military
  152  members of a foreign allied country, who are charged or
  153  convicted of a criminal offense, and who suffer from a military
  154  related mental illness, traumatic brain injury, substance abuse
  155  disorder, or psychological problem can be sentenced in
  156  accordance with chapter 921 in a manner that appropriately
  157  addresses the severity of the mental illness, traumatic brain
  158  injury, substance abuse disorder, or psychological problem
  159  through services tailored to the individual needs of the
  160  participant. Entry into any Military Veterans and Servicemembers
  161  Court Program must be based upon the sentencing court’s
  162  assessment of the defendant’s criminal history, military
  163  service, substance abuse treatment needs, mental health
  164  treatment needs, amenability to the services of the program, the
  165  recommendation of the state attorney and the victim, if any, and
  166  the defendant’s agreement to enter the program.
  167         Section 2. Subsection (2) of section 43.51, Florida
  168  Statutes, is amended to read:
  169         43.51 Problem-solving court reports.—
  170         (2) For purposes of this section, the term “problem-solving
  171  court” includes, but is not limited to, a drug court pursuant to
  172  s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s.
  173  948.20; a veterans treatment military veterans’ and
  174  servicemembers’ court pursuant to s. 394.47891, s. 948.08, s.
  175  948.16, or s. 948.21; a mental health court program pursuant to
  176  s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; a
  177  community court pursuant to s. 948.081; or a delinquency
  178  pretrial intervention court program pursuant to s. 985.345.
  179         Section 3. Paragraph (a) of subsection (5) of section
  180  910.035, Florida Statutes, is amended to read:
  181         910.035 Transfer from county for plea, sentence, or
  182  participation in a problem-solving court.—
  183         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
  184         (a) For purposes of this subsection, the term “problem
  185  solving court” means a drug court pursuant to s. 948.01, s.
  186  948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment
  187  military veterans’ and servicemembers’ court pursuant to s.
  188  394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
  189  court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
  190  948.08, or s. 948.16; or a delinquency pretrial intervention
  191  court program pursuant to s. 985.345.
  192         Section 4. Paragraph (k) of subsection (2) of section
  193  948.06, Florida Statutes, is amended to read:
  194         948.06 Violation of probation or community control;
  195  revocation; modification; continuance; failure to pay
  196  restitution or cost of supervision.—
  197         (2)
  198         (k)1. Notwithstanding s. 921.0024 and effective for
  199  offenses committed on or after July 1, 2016, the court may order
  200  the offender to successfully complete a postadjudicatory mental
  201  health court program under s. 394.47892 or a veterans treatment
  202  military veterans and servicemembers court program under s.
  203  394.47891 if:
  204         a. The court finds or the offender admits that the offender
  205  has violated his or her community control or probation;
  206         b. The underlying offense is a nonviolent felony. As used
  207  in this subsection, the term “nonviolent felony” means a third
  208  degree felony violation under chapter 810 or any other felony
  209  offense that is not a forcible felony as defined in s. 776.08.
  210  Offenders charged with resisting an officer with violence under
  211  s. 843.01, battery on a law enforcement officer under s. 784.07,
  212  or aggravated assault may participate in the mental health court
  213  program if the court so orders after the victim is given his or
  214  her right to provide testimony or written statement to the court
  215  as provided in s. 921.143;
  216         c. The court determines that the offender is amenable to
  217  the services of a postadjudicatory mental health court program,
  218  including taking prescribed medications, or a veterans treatment
  219  military veterans and servicemembers court program;
  220         d. The court explains the purpose of the program to the
  221  offender and the offender agrees to participate; and
  222         e. The offender is otherwise qualified to participate in a
  223  postadjudicatory mental health court program under s.
  224  394.47892(4) or a veterans treatment military veterans and
  225  servicemembers court program under s. 394.47891.
  226         2. After the court orders the modification of community
  227  control or probation, the original sentencing court shall
  228  relinquish jurisdiction of the offender’s case to the
  229  postadjudicatory mental health court program until the offender
  230  is no longer active in the program, the case is returned to the
  231  sentencing court due to the offender’s termination from the
  232  program for failure to comply with the terms thereof, or the
  233  offender’s sentence is completed.
  234         Section 5. Paragraph (a) of subsection (7) of section
  235  948.08, Florida Statutes, is amended to read:
  236         948.08 Pretrial intervention program.—
  237         (7)(a) Notwithstanding any provision of this section, a
  238  person who is charged with a felony, other than a felony listed
  239  in s. 948.06(8)(c), and who is identified as a veteran or a
  240  servicemember, as defined in s. 394.47891, and is otherwise
  241  qualified to participate in a veterans treatment court under s.
  242  394.47891 s. 1.01; a veteran who is discharged or released under
  243  any condition; a servicemember, as defined in s. 250.01; an
  244  individual who is a current or former United States Department
  245  of Defense contractor; or an individual who is a current or
  246  former military member of a foreign allied country, who suffers
  247  from a military service-related mental illness, traumatic brain
  248  injury, substance abuse disorder, or psychological problem is
  249  eligible for voluntary admission into a pretrial veterans’
  250  treatment intervention program approved by the chief judge of
  251  the circuit, upon motion of either party or the court’s own
  252  motion, except:
  253         1. If a defendant was previously offered admission to a
  254  pretrial veterans’ treatment intervention program at any time
  255  before trial and the defendant rejected that offer on the
  256  record, the court may deny the defendant’s admission to such a
  257  program.
  258         2. If a defendant previously entered a court-ordered
  259  veterans’ treatment program, the court may deny the defendant’s
  260  admission into the pretrial veterans’ treatment program.
  261         Section 6. Paragraph (a) of subsection (2) of section
  262  948.16, Florida Statutes, is amended to read:
  263         948.16 Misdemeanor pretrial substance abuse education and
  264  treatment intervention program; misdemeanor pretrial veterans’
  265  treatment intervention program; misdemeanor pretrial mental
  266  health court program.—
  267         (2)(a) A veteran or a servicemember, as defined in s.
  268  394.47891, who is otherwise qualified to participate in a
  269  veterans treatment court under that section s. 1.01; a veteran
  270  who is discharged or released under any condition; a
  271  servicemember, as defined in s. 250.01; an individual who is a
  272  current or former United States Department of Defense
  273  contractor; or an individual who is a current or former military
  274  member of a foreign allied country, who suffers from a military
  275  service-related mental illness, traumatic brain injury,
  276  substance abuse disorder, or psychological problem, and who is
  277  charged with a misdemeanor is eligible for voluntary admission
  278  into a misdemeanor pretrial veterans’ treatment intervention
  279  program approved by the chief judge of the circuit, for a period
  280  based on the program’s requirements and the treatment plan for
  281  the offender, upon motion of either party or the court’s own
  282  motion. However, the court may deny the defendant admission into
  283  a misdemeanor pretrial veterans’ treatment intervention program
  284  if the defendant has previously entered a court-ordered
  285  veterans’ treatment program.
  286         Section 7. Present subsection (4) of section 948.21,
  287  Florida Statutes, is renumbered as subsection (5), and a new
  288  subsection (4) is added to that section, to read:
  289         948.21 Condition of probation or community control;
  290  military servicemembers and veterans.—
  291         (4) Effective for a probationer or community controllee
  292  whose crime is committed on or after October 1, 2020, and is a
  293  veteran or a servicemember as defined in s. 394.47891, who is
  294  otherwise qualified to participate in a veterans treatment court
  295  under s. 394.47891, the court may, in addition to any other
  296  conditions imposed, impose a condition requiring the probationer
  297  or community controllee to participate in a treatment program
  298  capable of treating the probationer or community controllee’s
  299  mental illness, traumatic brain injury, substance abuse
  300  disorder, or psychological problem.
  301         Section 8. A Military Veterans and Servicemembers Court
  302  Program in operation under s. 394.47891, Florida Statutes, as of
  303  June 30, 2020, may continue to operate but must comply with the
  304  amendments made by this act to that section. This act does not
  305  affect or alter the rights or responsibilities of any person
  306  who, as of June 30, 2020, was admitted to and participating in a
  307  Military Veterans and Servicemembers Court Program established
  308  under s. 394.47891, Florida Statutes.
  309         Section 9. This act shall take effect July 1, 2020.
  310  
  311  ================= T I T L E  A M E N D M E N T ================
  312  And the title is amended as follows:
  313         Delete everything before the enacting clause
  314  and insert:
  315                        A bill to be entitled                      
  316         An act relating to veterans treatment courts; amending
  317         s. 394.47891, F.S.; providing legislative intent;
  318         providing definitions; authorizing the establishment
  319         of veterans treatment courts by the chief judge of a
  320         judicial circuit; specifying standards for admission
  321         into the program; specifying required components and
  322         policies for the program; specifying eligibility
  323         requirements for participation in the program;
  324         providing factors that a court must consider in
  325         determining a defendant’s eligibility to participate;
  326         requiring participant agreements and specifying
  327         requirements for such agreements; providing for
  328         construction; specifying that the act does not create
  329         a right to participate in the program; amending ss.
  330         43.51, 910.035, 948.06, 948.08, and 948.16, F.S.;
  331         conforming provisions to changes made by the act;
  332         amending s. 948.21, F.S.; authorizing a court to
  333         impose a condition requiring a probationer or
  334         community controllee who is eligible to participate in
  335         a veterans treatment court to participate in certain
  336         treatment programs under certain circumstances;
  337         specifying applicability of the act to participants in
  338         certain court programs in existence as of a specified
  339         date; providing an effective date.