Florida Senate - 2021                                     SB 764
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00516-21                                            2021764__
    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 certain courts to
    5         create and administer veterans treatment courts for
    6         specified purposes; providing standards for admission
    7         into a veterans treatment court program; specifying
    8         program implementation procedures, components, and
    9         policies; specifying eligibility requirements for
   10         participation in the program; requiring participant
   11         agreements and specifying requirements for such
   12         agreements; providing for construction; specifying
   13         that the act does not create a right to participate in
   14         the program; deleting provisions relating to the
   15         Military Veterans and Servicemembers Court Program, to
   16         conform; amending ss. 43.51, 910.035, and 948.06,
   17         F.S.; conforming provisions to changes made by the
   18         act; amending ss. 948.08 and 948.16, F.S.; revising
   19         eligibility for certain pretrial programs to include
   20         certain individuals eligible to participate in a
   21         veterans treatment court; amending s. 948.21, F.S.;
   22         authorizing a court to impose a condition requiring a
   23         probationer or community controllee eligible to
   24         participate in a veterans treatment court to
   25         participate in certain treatment programs under
   26         certain circumstances; specifying applicability of the
   27         act to participants in certain court programs in
   28         existence as of a specified date; providing an
   29         effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 394.47891, Florida Statutes, is amended
   34  to read:
   35         394.47891 Military Veterans treatment and servicemembers
   36  court programs.—
   37         (1)LEGISLATIVE INTENT.—It is the intent of the Legislature
   38  to encourage and support the judicial circuits of the state and
   39  other such agencies, local governments, interested public or
   40  private entities, and individuals to create and maintain
   41  veterans treatment courts in each circuit. The purpose of a
   42  veterans treatment court program is to address the underlying
   43  causes of a veteran’s involvement with the judicial system
   44  through the use of specialized dockets, multidisciplinary teams,
   45  and evidence-based treatment. A veterans treatment court program
   46  shall use nonadversarial approaches to resolve such issues.
   47  Veterans treatment courts depend on the leadership of judges or
   48  magistrates who are educated in the issues and science of
   49  veterans’ behaviors leading to court involvement and require a
   50  rigorous team effort to detect, discern, and assist veterans in
   51  correcting the behaviors and choices that led to the veterans’
   52  court involvement. This section creates a detailed statewide
   53  standard for the creation and operation of, and procedures for,
   54  veterans treatment courts.
   55         (2)DEFINITIONS.—For purposes of this section, the term:
   56         (a)“Defendant” means a veteran or servicemember who has
   57  been charged with or convicted of a criminal offense.
   58         (b)“Participant agreement” means the agreement as set
   59  forth in subsection (9) and any specific terms and conditions
   60  applicable to the defendant. The term includes any modifications
   61  made to the agreement under subsection (10).
   62         (c)“Servicemember” means:
   63         1.A member of the active or reserve components of the
   64  United States Army, Navy, Air Force, Marine Corps, or Coast
   65  Guard;
   66         2.A member of the Florida National Guard;
   67         3.A current or former contractor for the United States
   68  Department of Defense; or
   69         4.A current or former military member of a foreign allied
   70  country.
   71         (d)“Veteran” means a person who has served in the
   72  military.
   73         (e)“Veterans treatment court” means a specialized docket
   74  administered by a court for veterans and servicemembers as set
   75  forth in this section.
   76         (3)AUTHORIZATION.—
   77         (a)A court with jurisdiction over criminal cases may
   78  create and administer a veterans treatment court.
   79         (b)A veterans treatment court may adjudicate misdemeanors
   80  and felonies.
   81         (c)The chief judge may issue administrative orders
   82  concerning the veterans treatment court.
   83         (d)The chief judge and state attorney of the circuit that
   84  creates and administers the veterans treatment court have the
   85  exclusive authority to determine whether veterans who have been
   86  dishonorably discharged may participate in the veterans
   87  treatment court within the circuit.
   88         (4)ADMISSION.—A defendant who meets the eligibility
   89  requirements under subsection (8) may be admitted to a veterans
   90  treatment court at any stage of a criminal proceeding. A
   91  defendant seeking to participate in a veterans treatment court
   92  must submit an application to the state attorney. The state
   93  attorney and court must review each application and determine
   94  whether the defendant meets the eligibility requirements in
   95  subsection (8).
   96         (5)RECORD OF POLICIES AND PROCEDURES.—
   97         (a)Each veterans treatment court shall seek input from the
   98  state attorney and other interested persons in developing and
   99  adopting policies and procedures to implement subsections (6)
  100  and (7).
  101         (b)A veterans treatment court shall create a record of the
  102  policies and procedures adopted to implement subsections (6) and
  103  (7).
  104         (6)KEY COMPONENTS OF A VETERANS TREATMENT COURT.—
  105         (a)A veterans treatment court shall adopt policies and
  106  procedures to implement the following key components, including:
  107         1.Integrating substance abuse and mental health treatment
  108  services and any other related treatment and rehabilitation
  109  services with justice system case processing;
  110         2.Using a nonadversarial approach in which the state
  111  attorney and defense counsel promote public safety while
  112  protecting the due process rights of the defendant;
  113         3.Providing for early identification of eligible
  114  defendants;
  115         4.Monitoring defendants for abstinence from alcohol and
  116  drugs by frequent testing;
  117         5.Providing ongoing judicial interaction with each
  118  defendant;
  119         6.Monitoring and evaluating the achievement of each
  120  defendant’s program goals; and
  121         7.Forging partnerships among the veterans treatment
  122  courts, the United States Department of Veterans Affairs, the
  123  Florida Department of Veterans’ Affairs, public agencies, and
  124  community-based organizations to generate local support and
  125  enhance the effectiveness of the veterans treatment court.
  126         (b)In adopting policies and procedures under this section,
  127  the court shall consult nationally recognized best practices
  128  related to the key components of veterans treatment courts.
  129         (7)SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS
  130  TREATMENT COURTS.—A veterans treatment court may adopt
  131  supplemental policies and procedures to:
  132         (a)Refer a defendant with a medical need to an appropriate
  133  health care provider or refer a defendant for appropriate
  134  assistance, including assistance with housing, employment,
  135  nutrition, mentoring, education, and driver license
  136  reinstatement.
  137         (b)Otherwise encourage participation in the veterans
  138  treatment court.
  139         (8)ELIGIBILITY.—
  140         (a)A defendant may participate in a veterans treatment
  141  court if:
  142         1.The defendant has a mental health condition, traumatic
  143  brain injury, substance use disorder, or psychological problem;
  144         2.The defendant voluntarily agrees to the terms of the
  145  participant agreement by signing the agreement; and
  146         3.The defendant’s participation in the veterans treatment
  147  court is in the interest of justice and of benefit to the
  148  defendant and the community, as determined by:
  149         a.The state attorney, with regard to pretrial diversion;
  150  and
  151         b.The court, with regard to all other matters.
  152         (b)In making the determination under subparagraph (a)3.,
  153  the state attorney and court must consider:
  154         1.The nature and circumstances of the offense charged;
  155         2.The special characteristics or circumstances of the
  156  defendant and any victim or alleged victim, including any
  157  recommendation of the victim or alleged victim;
  158         3.The defendant’s criminal history and whether the
  159  defendant previously participated in a veterans treatment court
  160  or similar program;
  161         4.Whether the defendant’s needs exceed the treatment
  162  resources available to the veterans treatment court;
  163         5.The impact on the community of the defendant’s
  164  participation and treatment in the veterans treatment court;
  165         6.Recommendations of any law enforcement agency involved
  166  in investigating or arresting the defendant;
  167         7.If the defendant owes restitution, the likelihood of
  168  payment during the defendant’s participation in the veterans
  169  treatment court;
  170         8.Any mitigating circumstances; and
  171         9.Any other circumstances reasonably related to the
  172  defendant’s case.
  173         (9)PARTICIPANT AGREEMENT.—To participate in a veterans
  174  treatment court, the defendant must sign, and the court must
  175  approve, a participant agreement. If admission to the veterans
  176  treatment court occurs pretrial, the state attorney must sign
  177  the participant agreement.
  178         (10)MODIFICATION OR TERMINATION.—If a veterans treatment
  179  court determines after a hearing that a defendant has not
  180  complied with the participant agreement, the court may modify or
  181  revoke the defendant’s participation in the program.
  182         (11)COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans
  183  treatment court determines that a defendant has completed the
  184  requirements of the participant agreement, the court shall
  185  dispose of the charge or charges that served as the basis for
  186  participation in the veterans treatment court in accordance with
  187  the participant agreement and any applicable plea agreement,
  188  court order, or judgment.
  189         (12)LIBERAL CONSTRUCTION.—The provisions of this section
  190  shall be liberally construed.
  191         (13)NO RIGHT TO PARTICIPATE.—This section does not create
  192  a right of a veteran or servicemember to participate in a
  193  veterans treatment court The chief judge of each judicial
  194  circuit may establish a Military Veterans and Servicemembers
  195  Court Program under which veterans, as defined in s. 1.01;
  196  veterans who were discharged or released under any condition;
  197  servicemembers, as defined in s. 250.01; individuals who are
  198  current or former United States Department of Defense
  199  contractors; and individuals who are current or former military
  200  members of a foreign allied country, who are charged or
  201  convicted of a criminal offense, and who suffer from a military
  202  related mental illness, traumatic brain injury, substance abuse
  203  disorder, or psychological problem can be sentenced in
  204  accordance with chapter 921 in a manner that appropriately
  205  addresses the severity of the mental illness, traumatic brain
  206  injury, substance abuse disorder, or psychological problem
  207  through services tailored to the individual needs of the
  208  participant. Entry into any Military Veterans and Servicemembers
  209  Court Program must be based upon the sentencing court’s
  210  assessment of the defendant’s criminal history, military
  211  service, substance abuse treatment needs, mental health
  212  treatment needs, amenability to the services of the program, the
  213  recommendation of the state attorney and the victim, if any, and
  214  the defendant’s agreement to enter the program.
  215         Section 2. Subsection (2) of section 43.51, Florida
  216  Statutes, is amended to read:
  217         43.51 Problem-solving court reports.—
  218         (2) For purposes of this section, the term “problem-solving
  219  court” includes, but is not limited to, a drug court pursuant to
  220  s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s.
  221  948.20; a veterans treatment military veterans’ and
  222  servicemembers’ court pursuant to s. 394.47891, s. 948.08, s.
  223  948.16, or s. 948.21; a mental health court program pursuant to
  224  s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; a
  225  community court pursuant to s. 948.081; or a delinquency
  226  pretrial intervention court program pursuant to s. 985.345.
  227         Section 3. Paragraph (a) of subsection (5) of section
  228  910.035, Florida Statutes, is amended to read:
  229         910.035 Transfer from county for plea, sentence, or
  230  participation in a problem-solving court.—
  231         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
  232         (a) For purposes of this subsection, the term “problem
  233  solving court” means a drug court pursuant to s. 948.01, s.
  234  948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment
  235  military veterans’ and servicemembers’ court pursuant to s.
  236  394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
  237  court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
  238  948.08, or s. 948.16; or a delinquency pretrial intervention
  239  court program pursuant to s. 985.345.
  240         Section 4. Paragraph (k) of subsection (2) of section
  241  948.06, Florida Statutes, is amended to read:
  242         948.06 Violation of probation or community control;
  243  revocation; modification; continuance; failure to pay
  244  restitution or cost of supervision.—
  245         (2)
  246         (k)1. Notwithstanding s. 921.0024 and effective for
  247  offenses committed on or after July 1, 2016, the court may order
  248  the offender to successfully complete a postadjudicatory mental
  249  health court program under s. 394.47892 or a veterans treatment
  250  military veterans and servicemembers court program under s.
  251  394.47891 if:
  252         a. The court finds or the offender admits that the offender
  253  has violated his or her community control or probation;
  254         b. The underlying offense is a nonviolent felony. As used
  255  in this subsection, the term “nonviolent felony” means a third
  256  degree felony violation under chapter 810 or any other felony
  257  offense that is not a forcible felony as defined in s. 776.08.
  258  Offenders charged with resisting an officer with violence under
  259  s. 843.01, battery on a law enforcement officer under s. 784.07,
  260  or aggravated assault may participate in the mental health court
  261  program if the court so orders after the victim is given his or
  262  her right to provide testimony or written statement to the court
  263  as provided in s. 921.143;
  264         c. The court determines that the offender is amenable to
  265  the services of a postadjudicatory mental health court program,
  266  including taking prescribed medications, or a veterans treatment
  267  military veterans and servicemembers court program;
  268         d. The court explains the purpose of the program to the
  269  offender and the offender agrees to participate; and
  270         e. The offender is otherwise qualified to participate in a
  271  postadjudicatory mental health court program under s.
  272  394.47892(4) or a veterans treatment military veterans and
  273  servicemembers court program under s. 394.47891.
  274         2. After the court orders the modification of community
  275  control or probation, the original sentencing court shall
  276  relinquish jurisdiction of the offender’s case to the
  277  postadjudicatory mental health court program or the veterans
  278  treatment court until the offender is no longer active in the
  279  program, the case is returned to the sentencing court due to the
  280  offender’s termination from the program for failure to comply
  281  with the terms thereof, or the offender’s sentence is completed.
  282         Section 5. Paragraph (a) of subsection (7) of section
  283  948.08, Florida Statutes, is amended to read:
  284         948.08 Pretrial intervention program.—
  285         (7)(a) Notwithstanding any provision of this section, a
  286  person who is charged with a felony, other than a felony listed
  287  in s. 948.06(8)(c), and who is identified as a veteran or a
  288  servicemember, as defined in s. 394.47891, and is otherwise
  289  qualified to participate in a veterans treatment court under s.
  290  394.47891, s. 1.01; a veteran who is discharged or released
  291  under any condition; a servicemember, as defined in s. 250.01;
  292  an individual who is a current or former United States
  293  Department of Defense contractor; or an individual who is a
  294  current or former military member of a foreign allied country,
  295  who suffers from a military service-related mental illness,
  296  traumatic brain injury, substance abuse disorder, or
  297  psychological problem is eligible for voluntary admission into a
  298  pretrial veterans’ treatment intervention program approved by
  299  the chief judge of the circuit, upon motion of either party or
  300  the court’s own motion, except:
  301         1. If a defendant was previously offered admission to a
  302  pretrial veterans’ treatment intervention program at any time
  303  before trial and the defendant rejected that offer on the
  304  record, the court may deny the defendant’s admission to such a
  305  program.
  306         2. If a defendant previously entered a court-ordered
  307  veterans’ treatment program, the court may deny the defendant’s
  308  admission into the pretrial veterans’ treatment program.
  309         Section 6. Paragraph (a) of subsection (2) of section
  310  948.16, Florida Statutes, is amended to read:
  311         948.16 Misdemeanor pretrial substance abuse education and
  312  treatment intervention program; misdemeanor pretrial veterans’
  313  treatment intervention program; misdemeanor pretrial mental
  314  health court program.—
  315         (2)(a) A veteran or a servicemember, as defined in s.
  316  394.47891, who is otherwise qualified to participate in a
  317  veterans treatment court under that section s. 1.01; a veteran
  318  who is discharged or released under any condition; a
  319  servicemember, as defined in s. 250.01; an individual who is a
  320  current or former United States Department of Defense
  321  contractor; or an individual who is a current or former military
  322  member of a foreign allied country, who suffers from a military
  323  service-related mental illness, traumatic brain injury,
  324  substance abuse disorder, or psychological problem, and who is
  325  charged with a misdemeanor is eligible for voluntary admission
  326  into a misdemeanor pretrial veterans’ treatment intervention
  327  program approved by the chief judge of the circuit, for a period
  328  based on the program’s requirements and the treatment plan for
  329  the offender, upon motion of either party or the court’s own
  330  motion. However, the court may deny the defendant admission into
  331  a misdemeanor pretrial veterans’ treatment intervention program
  332  if the defendant has previously entered a court-ordered
  333  veterans’ treatment program.
  334         Section 7. Present subsection (4) of section 948.21,
  335  Florida Statutes, is redesignated as subsection (5), and a new
  336  subsection (4) is added to that section, to read:
  337         948.21 Condition of probation or community control;
  338  military servicemembers and veterans.—
  339         (4)Effective for a probationer or community controllee
  340  whose crime is committed on or after July 1, 2021, who is a
  341  veteran or a servicemember as defined in s. 394.47891, and who
  342  is otherwise qualified to participate in a veterans treatment
  343  court under s. 394.47891, the court may, in addition to any
  344  other conditions imposed, impose a condition requiring the
  345  probationer or community controllee to participate in a
  346  treatment program capable of treating the probationer or
  347  community controllee’s mental illness, traumatic brain injury,
  348  substance abuse disorder, or psychological problem.
  349         Section 8. A Military Veterans and Servicemembers Court
  350  Program in operation under s. 394.47891, Florida Statutes, on or
  351  before June 30, 2021, may continue to operate following the
  352  effective date of this act, but must comply with the amendments
  353  made by this act to that section. This act does not affect or
  354  alter the rights or responsibilities of any person who, on or
  355  before June 30, 2021, was admitted to and participating in a
  356  Military Veterans and Servicemembers Court Program established
  357  under s. 394.47891, Florida Statutes.
  358         Section 9. This act shall take effect July 1, 2021.