Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 764
       
       
       
       
       
       
                                Ì240822|Î240822                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2021           .                                
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       The Committee on Criminal Justice (Burgess) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 57 - 147
    4  and insert:
    5         (b) “Servicemember” means:
    6         1. A member of the active or reserve components of the
    7  United States Army, Navy, Air Force, Marine Corps, or Coast
    8  Guard;
    9         2. A member of the Florida National Guard or a National
   10  Guard of another state;
   11         3. A current or former contractor for the United States
   12  Department of Defense; or
   13         4. A current or former military member of a foreign allied
   14  country.
   15         (c) “Veteran” means a person who has served in the
   16  military.
   17         (d) “Veterans treatment court” means a specialized docket
   18  administered by a court for veterans and servicemembers as set
   19  forth in this section.
   20         (3) AUTHORIZATION.—
   21         (a) A court with jurisdiction over criminal cases may
   22  create and administer a veterans treatment court.
   23         (b) A veterans treatment court may adjudicate misdemeanors
   24  and felonies.
   25         (c) The chief judge may issue administrative orders
   26  concerning the veterans treatment court.
   27         (d) The chief judge and state attorney of the circuit that
   28  creates and administers the veterans treatment court have the
   29  exclusive authority to determine whether, on a case-by-case
   30  basis, veterans who have been dishonorably discharged may
   31  participate in the veterans treatment court of that circuit.
   32         (4) ADMISSION.—A defendant who meets the eligibility
   33  requirements under subsection (8) may be admitted to a veterans
   34  treatment court at any stage of a criminal proceeding. A
   35  defendant seeking to participate in a veterans treatment court
   36  must submit an application to the state attorney. The state
   37  attorney and court must review each application and determine
   38  whether the defendant meets the eligibility requirements in
   39  subsection (8).
   40         (5) RECORD OF POLICIES AND PROCEDURES.—
   41         (a) Each veterans treatment court shall seek input from the
   42  state attorney and other interested persons in developing and
   43  adopting policies and procedures to implement subsections (6)
   44  and (7).
   45         (b) A veterans treatment court shall create a record of the
   46  policies and procedures adopted to implement subsections (6) and
   47  (7).
   48         (6) KEY COMPONENTS OF A VETERANS TREATMENT COURT.—
   49         (a) A veterans treatment court shall adopt policies and
   50  procedures to implement the following key components:
   51         1. Integrating substance abuse and mental health treatment
   52  services and any other related treatment and rehabilitation
   53  services with justice system case processing;
   54         2. Using a nonadversarial approach in which the state
   55  attorney and defense counsel promote public safety while
   56  protecting the due process rights of the defendant;
   57         3. Providing for early identification of eligible
   58  defendants;
   59         4. Monitoring defendants for abstinence from alcohol and
   60  drugs by frequent testing;
   61         5. Providing ongoing judicial interaction with each
   62  defendant;
   63         6. Monitoring and evaluating the achievement of each
   64  defendant’s program goals; and
   65         7. Forging partnerships among the veterans treatment
   66  courts, the United States Department of Veterans Affairs, the
   67  Florida Department of Veterans’ Affairs, public agencies, and
   68  community-based organizations to generate local support and
   69  enhance the effectiveness of the veterans treatment court.
   70         (b) In adopting policies and procedures under this section,
   71  the court shall consult nationally recognized best practices
   72  related to the key components of veterans treatment courts.
   73         (7) SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS
   74  TREATMENT COURTS.—A veterans treatment court may adopt
   75  supplemental policies and procedures to:
   76         (a) Refer a defendant with a medical need to an appropriate
   77  health care provider or refer a defendant for appropriate
   78  assistance, including assistance with housing, employment,
   79  nutrition, mentoring, education, and driver license
   80  reinstatement.
   81         (b) Otherwise encourage participation in the veterans
   82  treatment court.
   83         (8) ELIGIBILITY.—
   84         (a) A defendant may participate in a veterans treatment
   85  court if:
   86         1. The defendant has a military- or service-related mental
   87  health condition, traumatic brain injury, substance use
   88  disorder, or psychological problem; and
   89         2. The defendant’s participation in the veterans treatment