Bill Text: FL S0764 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Veterans Treatment Courts
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 7023 (Ch. 2021-240) [S0764 Detail]
Download: Florida-2021-S0764-Introduced.html
Bill Title: Veterans Treatment Courts
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 7023 (Ch. 2021-240) [S0764 Detail]
Download: Florida-2021-S0764-Introduced.html
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: 35 394.47891MilitaryVeterans treatmentand servicemembers36 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 courtThe chief judge of each judicial194circuit may establish a Military Veterans and Servicemembers195Court Program under which veterans, as defined in s. 1.01;196veterans who were discharged or released under any condition;197servicemembers, as defined in s. 250.01; individuals who are198current or former United States Department of Defense199contractors; and individuals who are current or former military200members of a foreign allied country, who are charged or201convicted of a criminal offense, and who suffer from a military202related mental illness, traumatic brain injury, substance abuse203disorder, or psychological problem can be sentenced in204accordance with chapter 921 in a manner that appropriately205addresses the severity of the mental illness, traumatic brain206injury, substance abuse disorder, or psychological problem207through services tailored to the individual needs of the208participant. Entry into any Military Veterans and Servicemembers209Court Program must be based upon the sentencing court’s210assessment of the defendant’s criminal history, military211service, substance abuse treatment needs, mental health212treatment needs, amenability to the services of the program, the213recommendation of the state attorney and the victim, if any, and214the 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 treatmentmilitary veterans’ and222servicemembers’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 235military 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 250military veterans and servicememberscourt 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 267military veterans and servicememberscourt 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 treatmentmilitary veterans and273servicememberscourt 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 released291under any condition; a servicemember, as defined in s. 250.01;292an individual who is a current or former United States293Department of Defense contractor; or an individual who is a294current or former military member of a foreign allied country,295who suffers from a military service-related mental illness,296traumatic brain injury, substance abuse disorder, or297psychological problemis 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 sections. 1.01; a veteran318who is discharged or released under any condition; a319servicemember, as defined in s. 250.01; an individual who is a320current or former United States Department of Defense321contractor; or an individual who is a current or former military322member of a foreign allied country, who suffers from a military323service-related mental illness, traumatic brain injury,324substance abuse disorder, or psychological problem,andwhois 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.