Florida Senate - 2021                              CS for SB 764
       
       
        
       By the Committee on Military and Veterans Affairs, Space, and
       Domestic Security; and Senator Burgess
       
       
       
       
       583-02949-21                                           2021764c1
    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         defining terms; authorizing certain courts to create
    5         and administer veterans treatment courts for specified
    6         purposes; providing standards for admission to a
    7         veterans treatment court program; specifying program
    8         implementation procedures, components, and policies;
    9         specifying eligibility requirements for participation
   10         in the program; providing construction; specifying
   11         that the act does not create a right to participate in
   12         the program; deleting provisions relating to the
   13         Military Veterans and Servicemembers Court Program, to
   14         conform to changes made by the act; amending ss.
   15         43.51, 910.035, and 948.06, F.S.; conforming
   16         provisions to changes made by the act; amending ss.
   17         948.08 and 948.16, F.S.; revising eligibility for
   18         certain pretrial programs to include certain
   19         individuals eligible to participate in a veterans
   20         treatment court program; amending s. 948.21, F.S.;
   21         authorizing a court to impose a condition requiring a
   22         probationer or community controllee eligible to
   23         participate in a veterans treatment court program to
   24         participate in certain treatment programs under
   25         certain circumstances; specifying applicability of the
   26         act to participants in certain court programs in
   27         existence as of a specified date; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 394.47891, Florida Statutes, is amended
   33  to read:
   34         394.47891 Military Veterans treatment and servicemembers
   35  court programs.—
   36         (1)LEGISLATIVE INTENT.—It is the intent of the Legislature
   37  to encourage and support the judicial circuits of the state and
   38  other such agencies, local governments, interested public or
   39  private entities, and individuals to create and maintain a
   40  veterans treatment court in each circuit. The purpose of a
   41  veterans treatment court program is to address the underlying
   42  causes of a veteran’s involvement with the judicial system
   43  through the use of specialized dockets, multidisciplinary teams,
   44  and evidence-based treatment. A veterans treatment court program
   45  shall use nonadversarial approaches to resolve such issues.
   46  Veterans treatment courts depend on the leadership of judges or
   47  magistrates educated in the issues and science of veterans’
   48  behaviors leading to court involvement, and these courts require
   49  a rigorous team effort to detect, discern, and assist veterans
   50  in correcting the behaviors and choices that led to the
   51  veterans’ court involvement. This section creates a detailed
   52  statewide standard for the creation and operation of, and
   53  procedures for, veterans treatment courts.
   54         (2)DEFINITIONS.—For purposes of this section, the term:
   55         (a)“Defendant” means a veteran or servicemember who has
   56  been charged with or convicted of a criminal offense.
   57         (b)“Participant agreement” means the agreement as set
   58  forth in subsection (9) and any specific terms and conditions
   59  applicable to the defendant. The term includes any modifications
   60  made to the agreement under subsection (10).
   61         (c)“Servicemember” means:
   62         1.A member of the active or reserve components of the
   63  United States Army, Navy, Air Force, Marine Corps, or Coast
   64  Guard;
   65         2.A member of the Florida National Guard or a National
   66  Guard of another state;
   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:
  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 military- or service-related mental
  143  health condition, traumatic brain injury, substance use
  144  disorder, or psychological problem;
  145         2.The defendant voluntarily agrees to the terms of the
  146  participant agreement by signing the agreement; and
  147         3.The defendant’s participation in the veterans treatment
  148  court is in the interest of justice and of benefit to the
  149  defendant and the community, as determined by:
  150         a.The state attorney, with regard to pretrial diversion;
  151  and
  152         b.The court, with regard to all other matters.
  153         (b)In making the determination under subparagraph (a)3.,
  154  the state attorney and court must consider:
  155         1.The nature and circumstances of the offense charged;
  156         2.The special characteristics or circumstances of the
  157  defendant and any victim or alleged victim, including any
  158  recommendation of the victim or alleged victim;
  159         3.The defendant’s criminal history and whether the
  160  defendant previously participated in a veterans treatment court
  161  or similar program;
  162         4.Whether the defendant’s needs exceed the treatment
  163  resources available to the veterans treatment court;
  164         5.The effect on the community of the defendant’s
  165  participation and treatment in the veterans treatment court;
  166         6.Recommendations of any law enforcement agency involved
  167  in investigating or arresting the defendant;
  168         7.If the defendant owes restitution, the likelihood of
  169  payment during the defendant’s participation in the veterans
  170  treatment court;
  171         8.Any mitigating circumstances; and
  172         9.Any other circumstances reasonably related to the
  173  defendant’s case.
  174         (9)LIBERAL CONSTRUCTION.—The provisions of this section
  175  shall be liberally construed.
  176         (10)NO RIGHT TO PARTICIPATE.—This section does not create
  177  a right of a veteran or servicemember to participate in a
  178  veterans treatment court The chief judge of each judicial
  179  circuit may establish a Military Veterans and Servicemembers
  180  Court Program under which veterans, as defined in s. 1.01;
  181  veterans who were discharged or released under any condition;
  182  servicemembers, as defined in s. 250.01; individuals who are
  183  current or former United States Department of Defense
  184  contractors; and individuals who are current or former military
  185  members of a foreign allied country, who are charged or
  186  convicted of a criminal offense, and who suffer from a military
  187  related mental illness, traumatic brain injury, substance abuse
  188  disorder, or psychological problem can be sentenced in
  189  accordance with chapter 921 in a manner that appropriately
  190  addresses the severity of the mental illness, traumatic brain
  191  injury, substance abuse disorder, or psychological problem
  192  through services tailored to the individual needs of the
  193  participant. Entry into any Military Veterans and Servicemembers
  194  Court Program must be based upon the sentencing court’s
  195  assessment of the defendant’s criminal history, military
  196  service, substance abuse treatment needs, mental health
  197  treatment needs, amenability to the services of the program, the
  198  recommendation of the state attorney and the victim, if any, and
  199  the defendant’s agreement to enter the program.
  200         Section 2. Subsection (2) of section 43.51, Florida
  201  Statutes, is amended to read:
  202         43.51 Problem-solving court reports.—
  203         (2) For purposes of this section, the term “problem-solving
  204  court” includes, but is not limited to, a drug court pursuant to
  205  s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s.
  206  948.20; a veterans treatment military veterans’ and
  207  servicemembers’ court pursuant to s. 394.47891, s. 948.08, s.
  208  948.16, or s. 948.21; a mental health court program pursuant to
  209  s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; a
  210  community court pursuant to s. 948.081; or a delinquency
  211  pretrial intervention court program pursuant to s. 985.345.
  212         Section 3. Paragraph (a) of subsection (5) of section
  213  910.035, Florida Statutes, is amended to read:
  214         910.035 Transfer from county for plea, sentence, or
  215  participation in a problem-solving court.—
  216         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
  217         (a) For purposes of this subsection, the term “problem
  218  solving court” means a drug court pursuant to s. 948.01, s.
  219  948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment
  220  military veterans’ and servicemembers’ court pursuant to s.
  221  394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
  222  court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
  223  948.08, or s. 948.16; or a delinquency pretrial intervention
  224  court program pursuant to s. 985.345.
  225         Section 4. Paragraph (k) of subsection (2) of section
  226  948.06, Florida Statutes, is amended to read:
  227         948.06 Violation of probation or community control;
  228  revocation; modification; continuance; failure to pay
  229  restitution or cost of supervision.—
  230         (2)
  231         (k)1. Notwithstanding s. 921.0024 and effective for
  232  offenses committed on or after July 1, 2016, the court may order
  233  the offender to successfully complete a postadjudicatory mental
  234  health court program under s. 394.47892 or a veterans treatment
  235  military veterans and servicemembers court program under s.
  236  394.47891 if:
  237         a. The court finds or the offender admits that the offender
  238  has violated his or her community control or probation;
  239         b. The underlying offense is a nonviolent felony. As used
  240  in this subsection, the term “nonviolent felony” means a third
  241  degree felony violation under chapter 810 or any other felony
  242  offense that is not a forcible felony as defined in s. 776.08.
  243  Offenders charged with resisting an officer with violence under
  244  s. 843.01, battery on a law enforcement officer under s. 784.07,
  245  or aggravated assault may participate in the mental health court
  246  program if the court so orders after the victim is given his or
  247  her right to provide testimony or written statement to the court
  248  as provided in s. 921.143;
  249         c. The court determines that the offender is amenable to
  250  the services of a postadjudicatory mental health court program,
  251  including taking prescribed medications, or a veterans treatment
  252  military veterans and servicemembers court program;
  253         d. The court explains the purpose of the program to the
  254  offender and the offender agrees to participate; and
  255         e. The offender is otherwise qualified to participate in a
  256  postadjudicatory mental health court program under s.
  257  394.47892(4) or a veterans treatment military veterans and
  258  servicemembers court program under s. 394.47891.
  259         2. After the court orders the modification of community
  260  control or probation, the original sentencing court shall
  261  relinquish jurisdiction of the offender’s case to the
  262  postadjudicatory mental health court program or the veterans
  263  treatment court program until the offender is no longer active
  264  in the program, the case is returned to the sentencing court due
  265  to the offender’s termination from the program for failure to
  266  comply with the terms thereof, or the offender’s sentence is
  267  completed.
  268         Section 5. Paragraph (a) of subsection (7) of section
  269  948.08, Florida Statutes, is amended to read:
  270         948.08 Pretrial intervention program.—
  271         (7)(a) Notwithstanding any provision of this section, A
  272  person who is charged with a felony, other than a felony listed
  273  in s. 948.06(8)(c), and who is identified as a veteran or a
  274  servicemember, as defined in s. 394.47891, and is otherwise
  275  qualified to participate in a veterans treatment court program
  276  under s. 394.47891 s. 1.01; a veteran who is discharged or
  277  released under any condition; a servicemember, as defined in s.
  278  250.01; an individual who is a current or former United States
  279  Department of Defense contractor; or an individual who is a
  280  current or former military member of a foreign allied country,
  281  who suffers from a military service-related mental illness,
  282  traumatic brain injury, substance abuse disorder, or
  283  psychological problem is eligible for voluntary admission into a
  284  veterans treatment court program pursuant to the requirements of
  285  s. 394.47891(4) and (8). pretrial veterans’ treatment
  286  intervention program approved by the chief judge of the circuit,
  287  upon motion of either party or the court’s own motion, except:
  288         1.If a defendant was previously offered admission to a
  289  pretrial veterans’ treatment intervention program at any time
  290  before trial and the defendant rejected that offer on the
  291  record, the court may deny the defendant’s admission to such a
  292  program.
  293         2.If a defendant previously entered a court-ordered
  294  veterans’ treatment program, the court may deny the defendant’s
  295  admission into the pretrial veterans’ treatment program.
  296         Section 6. Paragraph (a) of subsection (2) of section
  297  948.16, Florida Statutes, is amended to read:
  298         948.16 Misdemeanor pretrial substance abuse education and
  299  treatment intervention program; misdemeanor pretrial veterans’
  300  treatment intervention program; misdemeanor pretrial mental
  301  health court program.—
  302         (2)(a) A veteran or a servicemember, as defined in s.
  303  394.47891, who is otherwise qualified to participate in a
  304  veterans treatment court program under s. 394.47891 s. 1.01; a
  305  veteran who is discharged or released under any condition; a
  306  servicemember, as defined in s. 250.01; an individual who is a
  307  current or former United States Department of Defense
  308  contractor; or an individual who is a current or former military
  309  member of a foreign allied country, who suffers from a military
  310  service-related mental illness, traumatic brain injury,
  311  substance abuse disorder, or psychological problem, and who is
  312  charged with a misdemeanor is eligible for voluntary admission
  313  into a misdemeanor veterans treatment court pretrial veterans’
  314  treatment intervention program approved by the chief judge of
  315  the circuit, for a period based on the program’s requirements
  316  and the treatment plan for the offender, pursuant to the
  317  requirements of s. 394.47891(4) and (8) upon motion of either
  318  party or the court’s own motion. However, the court may deny the
  319  defendant admission into a misdemeanor pretrial veterans’
  320  treatment intervention program if the defendant has previously
  321  entered a court-ordered veterans’ treatment program.
  322         Section 7. Present subsection (4) of section 948.21,
  323  Florida Statutes, is redesignated as subsection (5), and a new
  324  subsection (4) is added to that section, to read:
  325         948.21 Condition of probation or community control;
  326  military servicemembers and veterans.—
  327         (4)Effective for a probationer or community controllee
  328  whose crime is committed on or after July 1, 2021, who is a
  329  veteran or a servicemember as defined in s. 394.47891, and who
  330  is otherwise qualified to participate in a veterans treatment
  331  court program under s. 394.47891, the court may, in addition to
  332  any other conditions imposed, require the probationer or
  333  community controllee to participate in a treatment program
  334  capable of treating the probationer or community controllee’s
  335  military- or service-related mental illness, traumatic brain
  336  injury, substance use disorder, or psychological problem.
  337         Section 8. A Military Veterans and Servicemembers Court
  338  Program in operation under s. 394.47891, Florida Statutes, on or
  339  before June 30, 2021, may continue to operate following the
  340  effective date of this act, but must comply with the amendments
  341  made by this act to that section. This act does not affect or
  342  alter the rights or responsibilities of any person who, on or
  343  before June 30, 2021, was admitted to and participating in a
  344  Military Veterans and Servicemembers Court Program established
  345  under s. 394.47891, Florida Statutes.
  346         Section 9. This act shall take effect July 1, 2021.