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.