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         26.58Florida 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.