Florida Senate - 2020 SB 1496 By Senator Lee 20-01536-20 20201496__ 1 A bill to be entitled 2 An act relating to veterans treatment courts; creating 3 s. 26.58, F.S.; providing a short title; providing 4 legislative intent; providing definitions; authorizing 5 certain courts to create and administer veterans 6 treatment courts; providing eligibility criteria for 7 participation in the veterans treatment court program; 8 specifying program implementation procedures, 9 components, and policies; requiring participant 10 agreements and specifying requirements for such 11 agreements; exempting certain statements and 12 information from recordkeeping requirements; providing 13 for liberal construction; specifying that the act does 14 not create a right to participate in a veterans 15 treatment court; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 26.58, Florida Statutes, is created to 20 read: 21 26.58 Florida Veterans Treatment Court Act.— 22 (1) SHORT TITLE.—This act may be cited as the “Florida 23 Veterans Treatment Court Act.” 24 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature 25 to encourage and support the judicial circuits of the state, and 26 other such agencies, local governments, interested public or 27 private entities, and individuals, to create and maintain 28 veterans treatment courts in each circuit. The purpose of a 29 veterans treatment court program is to address the underlying 30 causes of a veteran’s involvement with the judicial system 31 through the use of specialized dockets, multidisciplinary teams, 32 and evidence-based treatment. A veterans treatment court program 33 shall use nonadversarial approaches to resolve such issues. 34 Veterans treatment courts depend on the leadership of judges or 35 magistrates who are educated in the issues and science of 36 veterans’ behaviors leading to court involvement and require a 37 rigorous team effort to detect, discern, and assist veterans in 38 correcting the behaviors and choices that led to the veterans’ 39 court involvement. This act intends to create a detailed 40 statewide standard for the creation and operation of, and the 41 procedures for, veterans treatment courts. 42 (3) DEFINITIONS.—For purposes of this section, the term: 43 (a) “Defendant” means a veteran or servicemember who has 44 been charged with a criminal offense. 45 (b) “Domestic violence” has the same meaning as in s. 46 741.28(2). 47 (c) “Participant agreement” means the agreement as set 48 forth in subsection (10) and any specific terms and conditions 49 applicable to the defendant. The term includes any modifications 50 made to the agreement under subsection (12). 51 (d) “Record,” except as provided in subsection (14), means 52 information that is inscribed in a tangible or electronic format 53 and is retrievable in perceivable form. 54 (e) “Servicemember” means: 55 1. A member of the active or reserve components of the 56 United States Army, Navy, Air Force, Marine Corps, or Coast 57 Guard; 58 2. A member of the Florida National Guard; 59 3. A contractor for the United States Department of 60 Defense; or 61 4. A military member of a foreign allied country. 62 (f) “Sign” has the same meaning as in s. 61.703(18). 63 (g) “State” means the state of Florida and includes a 64 federally recognized Indian tribe. 65 (h) “Veteran” means a person who has served in the 66 military. 67 (i) “Veterans treatment court” means the docket of a 68 veteran or servicemember that is administered by a court as set 69 forth in this section. 70 (4) AUTHORIZATION.— 71 (a) A court with jurisdiction in criminal cases may create 72 and administer a veterans treatment court. 73 (b) A veterans treatment court may adjudicate misdemeanors 74 and felonies. 75 (c) The chief judge and state attorney of the circuit that 76 is creating and administering the veterans treatment court: 77 1. May issue administrative orders concerning the veterans 78 treatment court. 79 2. Have the exclusive authority to determine whether a 80 veteran who has been dishonorably discharged, may participate in 81 the veterans treatment court within the circuit. 82 (5) ADMISSION.—A defendant in a criminal case who meets the 83 eligibility requirements under subsection (9) may be admitted to 84 a veterans treatment court at any stage of a criminal 85 proceeding. If a defense attorney chooses to have a case heard 86 in a veterans treatment court, the defense attorney must submit 87 an application to the state attorney. The state attorney and the 88 court must review each application for admission to the veterans 89 treatment court using the eligibility requirements set forth in 90 subsection (9) and determine whether the defendant meets the 91 requirements. 92 (6) RECORD OF POLICIES AND PROCEDURES.— 93 (a) Each veterans treatment court shall seek input from 94 state attorneys and other interested persons in developing and 95 adopting policies and procedures to implement subsections (7) 96 and (8). 97 (b) A veterans treatment court shall create a record of the 98 policies and procedures adopted to implement subsections (7) and 99 (8). 100 (7) KEY COMPONENTS OF A VETERANS TREATMENT COURT.— 101 (a) A veterans treatment court may adopt policies and 102 procedures to implement the following key components, including: 103 1. Integrating substance abuse and mental health treatment 104 services, and any other related treatment and rehabilitation 105 services, with justice system case processing; 106 2. Using a nonadversarial approach in which the state 107 attorney and defense counsel promote public safety while 108 protecting the due process rights of the defendants; 109 3. Providing early identification of eligible defendants; 110 4. Monitoring defendants for abstinence from alcohol and 111 drugs by frequent testing; 112 5. Providing ongoing judicial interaction with each 113 defendant; 114 6. Monitoring and evaluating the achievement of each 115 defendant’s program goals; and 116 7. Forging partnerships among the veterans treatment 117 courts, the United States Department of Veterans Affairs, the 118 Florida Department of Veterans’ Affairs, public agencies, and 119 community-based organizations to generate local support and 120 enhance the effectiveness of the veterans treatment court. 121 (b) In adopting policies and procedures under this section, 122 the court shall consult nationally recognized best practices 123 related to the key components of veterans treatment courts. 124 (8) SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS 125 TREATMENT COURTS.—A veterans treatment court may adopt 126 supplemental policies and procedures to: 127 (a) Refer a defendant with a medical need to an appropriate 128 health care provider or refer a defendant for appropriate 129 assistance, including assistance with housing, employment, 130 nutrition, mentoring, and education. 131 (b) Address domestic violence offenses, including: 132 1. Referring a defendant who has been a victim of domestic 133 violence, sexual trauma, child abuse, or other trauma to 134 appropriate rehabilitative services; 135 2. Conferring with the victim or alleged victim of the 136 domestic violence offense that serves as the basis for the 137 defendant’s participation in the veterans treatment court; 138 3. Evaluating and assessing a defendant charged with a 139 domestic violence offense and integrating specific counseling as 140 part of the total rehabilitative services for the defendant; and 141 4. Monitoring a defendant charged with a domestic violence 142 offense to ensure compliance with a domestic violence protection 143 order, a no contact order, and any prohibition on weapon 144 possession. 145 (c) Otherwise encourage participation in the veterans 146 treatment court. 147 (9) ELIGIBILITY.— 148 (a) A defendant may participate in a veterans treatment 149 court if: 150 1. The defendant has a mental health condition, traumatic 151 brain injury, or substance use disorder; 152 2. The defendant agrees on the court record to enter the 153 veterans treatment court voluntarily and adhere to a participant 154 agreement; and 155 3. The defendant’s participation in the veterans treatment 156 court is in the interest of justice and of benefit to the 157 defendant and the community, as determined by: 158 a. The state attorney with regard to pretrial diversion; or 159 b. The court, with regard to all other matters. 160 (b) In making the determination under subparagraph (a)3., 161 the state attorney and the court shall consider: 162 1. The nature and circumstances of the offense charged; 163 2. Special characteristics or circumstances of the 164 defendant; 165 3. The defendant’s criminal history and whether the 166 defendant previously participated in a veterans treatment court 167 or a similar program; 168 4. Whether the defendant’s needs exceed treatment resources 169 available to the veterans treatment court; 170 5. The impact on the community of the defendant’s 171 participation and treatment in the veterans treatment court; 172 6. Recommendations of any law enforcement agency involved 173 in investigating or arresting the defendant; 174 7. Special characteristics or circumstances of the victim 175 or alleged victim; 176 8. Any recommendation of the victim or alleged victim; 177 9. Provision for and the likelihood of obtaining 178 restitution from the defendant over the course of participation 179 in the veterans treatment court; 180 10. Mitigating circumstances; and 181 11. Other circumstances reasonably related to the 182 defendant’s case. 183 (c) In making the determination under paragraphs (a) and 184 (b) in a case in which a domestic violence offense serves as the 185 basis for the defendant’s participation in the veterans 186 treatment court, the state attorney and the court shall seek the 187 recommendation of the victim or alleged victim of the offense. 188 (10) PARTICIPANT AGREEMENT.—To participate in a veterans 189 treatment court, the defendant must sign, and the court must 190 approve, a participant agreement. If admission to the veterans 191 treatment court occurs before conviction, the prosecutor must 192 sign the participant agreement. 193 (11) VICTIM OF DOMESTIC VIOLENCE.— 194 (a) If a victim or alleged victim of a domestic violence 195 offense that serves as the basis for the defendant’s 196 participation in a veterans treatment court can reasonably be 197 located, the victim or alleged victim must be offered: 198 1. Referral to services of domestic violence providers; and 199 2. Information on how to report an allegation of: 200 a. An offense committed by the defendant; or 201 b. A violation by the defendant of the participant 202 agreement. 203 (b) The participation by the defendant in a veterans 204 treatment court does not alter the rights of a victim or alleged 205 victim of domestic violence under other provisions of law. 206 (12) MODIFICATION OR TERMINATION.—If a veterans treatment 207 court determines after a hearing that a defendant has not 208 complied with the participant agreement, the veterans treatment 209 court may modify or revoke the defendant’s participation in the 210 program. 211 (13) COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans 212 treatment court determines that a defendant has completed the 213 requirements of the participant agreement, the court must 214 dispose of the charge that served as the basis of participation 215 in the veterans treatment court in accordance with the 216 participant agreement and any applicable plea agreement, court 217 order, or judgment. 218 (14) ACCESS TO RECORDS.—The following are not considered a 219 record for purposes of this section: 220 (a) A statement made or record submitted by a defendant in 221 a veterans treatment court which is subject to 42 U.S.C. s. 222 290dd-2, as amended, and 42 C.F.R. part 2, as amended, regarding 223 confidentiality. 224 (b) Any individually identifiable health information or 225 record pertaining to a defendant in a veterans treatment court 226 who is receiving substance abuse services which is subject to 227 the privacy regulations adopted under the Health Insurance 228 Portability and Accountability Act, 42 U.S.C. s. 1320d-6, as 229 amended, and 45 C.F.R. parts 160, 162, and 164, as amended, and 230 applicable state law. 231 (15) LIBERAL CONSTRUCTION.—The provisions of this section 232 shall be liberally construed. 233 (16) RIGHT TO PARTICIPATE.—This section does not create a 234 right of a veteran or servicemember to participate in a veterans 235 treatment court. 236 Section 2. This act shall take effect July 1, 2020.