Florida Senate - 2020                             CS for SB 1496
       
       
        
       By the Committee on Military and Veterans Affairs and Space; and
       Senator Lee
       
       
       
       
       583-03552-20                                          20201496c1
    1                        A bill to be entitled                      
    2         An act relating to veterans treatment courts; amending
    3         s. 394.47891, F.S.; providing legislative intent;
    4         providing definitions; authorizing the establishment
    5         of veterans treatment courts by the chief judge of a
    6         judicial circuit; specifying standards for admission
    7         into the program; specifying required components and
    8         policies for the program; specifying eligibility
    9         requirements for participation in the program;
   10         providing factors that a court must consider in
   11         determining a defendant’s eligibility to participate;
   12         requiring participant agreements and specifying
   13         requirements for such agreements; providing for
   14         construction; specifying that the act does not create
   15         a right to participate in the program; amending ss.
   16         43.51, 910.035, 948.06, 948.08, and 948.16, F.S.;
   17         conforming provisions to changes made by the act;
   18         amending s. 948.21, F.S.; authorizing a court to
   19         impose a condition requiring a probationer or
   20         community controllee who is eligible to participate in
   21         a veterans treatment court to participate in certain
   22         treatment programs under certain circumstances;
   23         specifying applicability of the act to participants in
   24         certain court programs in existence as of a specified
   25         date; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 394.47891, Florida Statutes, is amended
   30  to read:
   31         394.47891 Military Veterans treatment and servicemembers
   32  court programs.—
   33         (1)LEGISLATIVE INTENT.—It is the intent of the Legislature
   34  to encourage and support the judicial circuits of the state, and
   35  other such agencies, local governments, interested public or
   36  private entities, and individuals, to create and maintain
   37  veterans treatment courts in each circuit. The purpose of a
   38  veterans treatment court program is to address the underlying
   39  causes of a servicemember’s or veteran’s involvement with the
   40  judicial system through the use of specialized dockets,
   41  multidisciplinary teams, and evidence-based treatment. A
   42  veterans treatment court program shall use nonadversarial
   43  approaches to resolve such issues. Veterans treatment courts
   44  depend on the leadership of judges or magistrates who are
   45  educated in the issues and science of behaviors leading to court
   46  involvement and require a rigorous team effort to detect,
   47  discern, and assist servicemembers and veterans in correcting
   48  the behaviors and choices that led to the veterans’ court
   49  involvement. This section creates a detailed statewide standard
   50  for the creation and operation of, and procedures for, veterans
   51  treatment courts.
   52         (2)DEFINITIONS.—For purposes of this section, the term:
   53         (a)“Defendant” means a veteran or servicemember who has
   54  been charged with or convicted of a criminal offense.
   55         (b)“Participant agreement” means the agreement as set
   56  forth in subsection (9) and any specific terms and conditions
   57  applicable to the defendant. The term includes any modifications
   58  made to the agreement under subsection (10).
   59         (c)“Servicemember” means:
   60         1.A member of the active or reserve components of the
   61  United States Army, Navy, Air Force, Marine Corps, or Coast
   62  Guard;
   63         2.A member of the Florida National Guard;
   64         3.A current or former contractor for the United States
   65  Department of Defense; or
   66         4.A current or former military member of a foreign allied
   67  country.
   68         (d)“Veteran” means a person who has served in the
   69  military.
   70         (e)“Veterans treatment court” means a specialized docket
   71  administered by a court for veterans and servicemembers as set
   72  forth in this section.
   73         (3) AUTHORIZATION.—The chief judge of each judicial circuit
   74  may establish a veterans treatment court.
   75         (4)ADMISSION.—A defendant who meets the eligibility
   76  requirements under subsection (8) may be admitted to a veterans
   77  treatment court at any stage of a criminal proceeding. A
   78  defendant seeking to participate in a veterans treatment court
   79  must submit an application to the court. The court must review
   80  each application and determine whether the defendant meets the
   81  eligibility requirements in subsection (8).
   82         (5)RECORD OF POLICIES AND PROCEDURES.—A veterans treatment
   83  court shall create a record of the policies and procedures
   84  adopted to implement subsections (6) and (7).
   85         (6)KEY COMPONENTS OF A VETERANS TREATMENT COURT.—
   86         (a)A veterans treatment court shall adopt policies and
   87  procedures to implement the following key components, including:
   88         1.Integrating substance abuse and mental health treatment
   89  services and any other related treatment and rehabilitation
   90  services with justice system case processing;
   91         2.Using a nonadversarial approach in which the state
   92  attorney and defense counsel promote public safety while
   93  protecting the due process rights of the defendant;
   94         3.Providing early identification of eligible defendants;
   95         4.Monitoring defendants for abstinence from alcohol and
   96  drugs by frequent testing;
   97         5.Providing ongoing judicial interaction with each
   98  defendant;
   99         6.Monitoring and evaluating the achievement of each
  100  defendant’s program goals; and
  101         7.Forging partnerships among the veterans treatment
  102  courts, the United States Department of Veterans Affairs, the
  103  Florida Department of Veterans’ Affairs, public agencies, and
  104  community-based organizations to generate local support and
  105  enhance the effectiveness of the veterans treatment court.
  106         (b)In adopting policies and procedures under this section,
  107  the court shall consult nationally recognized best practices
  108  related to the key components of veterans treatment courts.
  109         (7)SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS
  110  TREATMENT COURTS.—A veterans treatment court may adopt
  111  supplemental policies and procedures to:
  112         (a)Refer a defendant with a medical need to an appropriate
  113  health care provider or refer a defendant for other appropriate
  114  assistance, including assistance with housing, employment,
  115  nutrition, mentoring, and education.
  116         (b)Otherwise encourage participation in the veterans
  117  treatment court.
  118         (8)ELIGIBILITY.—
  119         (a)A defendant may participate in a veterans treatment
  120  court if:
  121         1.The defendant has a military-related mental health
  122  condition, traumatic brain injury, substance use disorder, or
  123  psychological problem;
  124         2.The defendant voluntarily agrees to the terms of the
  125  participation agreement by signing the agreement; and
  126         3.The defendant’s participation in the veterans treatment
  127  court is in the interests of justice, the defendant, and the
  128  community, as determined by the court.
  129         (b)In making the determination under subparagraph (a)3.,
  130  the court must consider:
  131         1.The nature and circumstances of the offense charged;
  132         2. The recommendation of the state attorney;
  133         3.The special characteristics or circumstances of the
  134  defendant and any victim or alleged victim, including any
  135  recommendation of the victim or alleged victim;
  136         4.The defendant’s criminal history and whether the
  137  defendant previously participated in a veterans treatment court
  138  or similar program;
  139         5.Whether the defendant’s needs exceed the treatment
  140  resources available through the veterans treatment court;
  141         6.The impact on the community of the defendant’s
  142  participation and treatment in the veterans treatment court;
  143         7.Recommendations of any law enforcement agency involved
  144  in investigating or arresting the defendant;
  145         8.If the defendant owes restitution, the likelihood of
  146  payment during the defendant’s participation in the veterans
  147  treatment court;
  148         9.Any mitigating circumstances; and
  149         10.Any other circumstances reasonably related to the
  150  defendant’s case.
  151         (9)PARTICIPANT AGREEMENT.—To participate in a veterans
  152  treatment court, the defendant must sign, and the court must
  153  approve, a participant agreement.
  154         (10)MODIFICATION OR TERMINATION.—If a veterans treatment
  155  court determines after a hearing that a defendant has not
  156  complied with the participant agreement, the court may modify or
  157  revoke the defendant’s participation in the program.
  158         (11)COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans
  159  treatment court determines that a defendant has completed the
  160  requirements of the participant agreement, the court shall
  161  dispose of the charge or charges that served as the basis of
  162  participation in the veterans treatment court in accordance with
  163  the participant agreement and any applicable plea agreement,
  164  court order, or judgment.
  165         (12)LIBERAL CONSTRUCTION.—The provisions of this section
  166  shall be liberally construed.
  167         (13)NO RIGHT TO PARTICIPATE.—This section does not create
  168  a right of a veteran or servicemember to participate in a
  169  veterans treatment court The chief judge of each judicial
  170  circuit may establish a Military Veterans and Servicemembers
  171  Court Program under which veterans, as defined in s. 1.01;
  172  veterans who were discharged or released under any condition;
  173  servicemembers, as defined in s. 250.01; individuals who are
  174  current or former United States Department of Defense
  175  contractors; and individuals who are current or former military
  176  members of a foreign allied country, who are charged or
  177  convicted of a criminal offense, and who suffer from a military
  178  related mental illness, traumatic brain injury, substance abuse
  179  disorder, or psychological problem can be sentenced in
  180  accordance with chapter 921 in a manner that appropriately
  181  addresses the severity of the mental illness, traumatic brain
  182  injury, substance abuse disorder, or psychological problem
  183  through services tailored to the individual needs of the
  184  participant. Entry into any Military Veterans and Servicemembers
  185  Court Program must be based upon the sentencing court’s
  186  assessment of the defendant’s criminal history, military
  187  service, substance abuse treatment needs, mental health
  188  treatment needs, amenability to the services of the program, the
  189  recommendation of the state attorney and the victim, if any, and
  190  the defendant’s agreement to enter the program.
  191         Section 2. Subsection (2) of section 43.51, Florida
  192  Statutes, is amended to read:
  193         43.51 Problem-solving court reports.—
  194         (2) For purposes of this section, the term “problem-solving
  195  court” includes, but is not limited to, a drug court pursuant to
  196  s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s.
  197  948.20; a veterans treatment military veterans’ and
  198  servicemembers’ court pursuant to s. 394.47891, s. 948.08, s.
  199  948.16, or s. 948.21; a mental health court program pursuant to
  200  s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; a
  201  community court pursuant to s. 948.081; or a delinquency
  202  pretrial intervention court program pursuant to s. 985.345.
  203         Section 3. Paragraph (a) of subsection (5) of section
  204  910.035, Florida Statutes, is amended to read:
  205         910.035 Transfer from county for plea, sentence, or
  206  participation in a problem-solving court.—
  207         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
  208         (a) For purposes of this subsection, the term “problem
  209  solving court” means a drug court pursuant to s. 948.01, s.
  210  948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment
  211  military veterans’ and servicemembers’ court pursuant to s.
  212  394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
  213  court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
  214  948.08, or s. 948.16; or a delinquency pretrial intervention
  215  court program pursuant to s. 985.345.
  216         Section 4. Paragraph (k) of subsection (2) of section
  217  948.06, Florida Statutes, is amended to read:
  218         948.06 Violation of probation or community control;
  219  revocation; modification; continuance; failure to pay
  220  restitution or cost of supervision.—
  221         (2)
  222         (k)1. Notwithstanding s. 921.0024 and effective for
  223  offenses committed on or after July 1, 2016, the court may order
  224  the offender to successfully complete a postadjudicatory mental
  225  health court program under s. 394.47892 or a veterans treatment
  226  military veterans and servicemembers court program under s.
  227  394.47891 if:
  228         a. The court finds or the offender admits that the offender
  229  has violated his or her community control or probation;
  230         b. The underlying offense is a nonviolent felony. As used
  231  in this subsection, the term “nonviolent felony” means a third
  232  degree felony violation under chapter 810 or any other felony
  233  offense that is not a forcible felony as defined in s. 776.08.
  234  Offenders charged with resisting an officer with violence under
  235  s. 843.01, battery on a law enforcement officer under s. 784.07,
  236  or aggravated assault may participate in the mental health court
  237  program if the court so orders after the victim is given his or
  238  her right to provide testimony or written statement to the court
  239  as provided in s. 921.143;
  240         c. The court determines that the offender is amenable to
  241  the services of a postadjudicatory mental health court program,
  242  including taking prescribed medications, or a veterans treatment
  243  military veterans and servicemembers court program;
  244         d. The court explains the purpose of the program to the
  245  offender and the offender agrees to participate; and
  246         e. The offender is otherwise qualified to participate in a
  247  postadjudicatory mental health court program under s.
  248  394.47892(4) or a veterans treatment military veterans and
  249  servicemembers court program under s. 394.47891.
  250         2. After the court orders the modification of community
  251  control or probation, the original sentencing court shall
  252  relinquish jurisdiction of the offender’s case to the
  253  postadjudicatory mental health court program until the offender
  254  is no longer active in the program, the case is returned to the
  255  sentencing court due to the offender’s termination from the
  256  program for failure to comply with the terms thereof, or the
  257  offender’s sentence is completed.
  258         Section 5. Paragraph (a) of subsection (7) of section
  259  948.08, Florida Statutes, is amended to read:
  260         948.08 Pretrial intervention program.—
  261         (7)(a) Notwithstanding any provision of this section, a
  262  person who is charged with a felony, other than a felony listed
  263  in s. 948.06(8)(c), and who is identified as a veteran or a
  264  servicemember, as defined in s. 394.47891, and is otherwise
  265  qualified to participate in a veterans treatment court under s.
  266  394.47891 s. 1.01; a veteran who is discharged or released under
  267  any condition; a servicemember, as defined in s. 250.01; an
  268  individual who is a current or former United States Department
  269  of Defense contractor; or an individual who is a current or
  270  former military member of a foreign allied country, who suffers
  271  from a military service-related mental illness, traumatic brain
  272  injury, substance abuse disorder, or psychological problem is
  273  eligible for voluntary admission into a pretrial veterans’
  274  treatment intervention program approved by the chief judge of
  275  the circuit, upon motion of either party or the court’s own
  276  motion, except:
  277         1. If a defendant was previously offered admission to a
  278  pretrial veterans’ treatment intervention program at any time
  279  before trial and the defendant rejected that offer on the
  280  record, the court may deny the defendant’s admission to such a
  281  program.
  282         2. If a defendant previously entered a court-ordered
  283  veterans’ treatment program, the court may deny the defendant’s
  284  admission into the pretrial veterans’ treatment program.
  285         Section 6. Paragraph (a) of subsection (2) of section
  286  948.16, Florida Statutes, is amended to read:
  287         948.16 Misdemeanor pretrial substance abuse education and
  288  treatment intervention program; misdemeanor pretrial veterans’
  289  treatment intervention program; misdemeanor pretrial mental
  290  health court program.—
  291         (2)(a) A veteran or a servicemember, as defined in s.
  292  394.47891, who is otherwise qualified to participate in a
  293  veterans treatment court under that section s. 1.01; a veteran
  294  who is discharged or released under any condition; a
  295  servicemember, as defined in s. 250.01; an individual who is a
  296  current or former United States Department of Defense
  297  contractor; or an individual who is a current or former military
  298  member of a foreign allied country, who suffers from a military
  299  service-related mental illness, traumatic brain injury,
  300  substance abuse disorder, or psychological problem, and who is
  301  charged with a misdemeanor is eligible for voluntary admission
  302  into a misdemeanor pretrial veterans’ treatment intervention
  303  program approved by the chief judge of the circuit, for a period
  304  based on the program’s requirements and the treatment plan for
  305  the offender, upon motion of either party or the court’s own
  306  motion. However, the court may deny the defendant admission into
  307  a misdemeanor pretrial veterans’ treatment intervention program
  308  if the defendant has previously entered a court-ordered
  309  veterans’ treatment program.
  310         Section 7. Present subsection (4) of section 948.21,
  311  Florida Statutes, is renumbered as subsection (5), and a new
  312  subsection (4) is added to that section, to read:
  313         948.21 Condition of probation or community control;
  314  military servicemembers and veterans.—
  315         (4) Effective for a probationer or community controllee
  316  whose crime is committed on or after October 1, 2020, and is a
  317  veteran or a servicemember as defined in s. 394.47891, who is
  318  otherwise qualified to participate in a veterans treatment court
  319  under s. 394.47891, the court may, in addition to any other
  320  conditions imposed, impose a condition requiring the probationer
  321  or community controllee to participate in a treatment program
  322  capable of treating the probationer or community controllee’s
  323  mental illness, traumatic brain injury, substance use disorder,
  324  or psychological problem.
  325         Section 8. A Military Veterans and Servicemembers Court
  326  Program in operation under s. 394.47891, Florida Statutes, as of
  327  June 30, 2020, may continue to operate but must comply with the
  328  amendments made by this act to that section. This act does not
  329  affect or alter the rights or responsibilities of any person
  330  who, as of June 30, 2020, was admitted to and participating in a
  331  Military Veterans and Servicemembers Court Program established
  332  under s. 394.47891, Florida Statutes.
  333         Section 9. This act shall take effect July 1, 2020.