Bill Text: FL S0764 | 2021 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
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: 34 394.47891MilitaryVeterans treatmentand servicemembers35 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 courtThe chief judge of each judicial179circuit may establish a Military Veterans and Servicemembers180Court Program under which veterans, as defined in s. 1.01;181veterans who were discharged or released under any condition;182servicemembers, as defined in s. 250.01; individuals who are183current or former United States Department of Defense184contractors; and individuals who are current or former military185members of a foreign allied country, who are charged or186convicted of a criminal offense, and who suffer from a military187related mental illness, traumatic brain injury, substance abuse188disorder, or psychological problem can be sentenced in189accordance with chapter 921 in a manner that appropriately190addresses the severity of the mental illness, traumatic brain191injury, substance abuse disorder, or psychological problem192through services tailored to the individual needs of the193participant. Entry into any Military Veterans and Servicemembers194Court Program must be based upon the sentencing court’s195assessment of the defendant’s criminal history, military196service, substance abuse treatment needs, mental health197treatment needs, amenability to the services of the program, the198recommendation of the state attorney and the victim, if any, and199the 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 treatmentmilitary veterans’ and207servicemembers’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 220military 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 235military veterans and servicememberscourt 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 252military veterans and servicememberscourt 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 treatmentmilitary veterans and258servicememberscourt 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. 394.47891s. 1.01; a veteran who is discharged or277released under any condition; a servicemember, as defined in s.278250.01; an individual who is a current or former United States279Department of Defense contractor; or an individual who is a280current or former military member of a foreign allied country,281who suffers from a military service-related mental illness,282traumatic brain injury, substance abuse disorder, or283psychological problemis eligible forvoluntaryadmission into a 284 veterans treatment court program pursuant to the requirements of 285 s. 394.47891(4) and (8).pretrial veterans’ treatment286intervention programapproved by the chief judge of the circuit,287upon motion of either party or the court’s own motion, except:2881.If a defendant was previously offered admission to a289pretrial veterans’ treatment intervention program at any time290before trial and the defendant rejected that offer on the291record, the court may deny the defendant’s admission to such a292program.2932.If a defendant previously entered a court-ordered294veterans’ treatment program, the court may deny the defendant’s295admission 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. 394.47891s. 1.01; a305veteran who is discharged or released under any condition; a306servicemember, as defined in s. 250.01; an individual who is a307current or former United States Department of Defense308contractor; or an individual who is a current or former military309member of a foreign allied country, who suffers from a military310service-related mental illness, traumatic brain injury, 311substance abuse disorder, or psychological problem,andwhois 312 charged with a misdemeanor is eligible forvoluntaryadmission 313 into a misdemeanor veterans treatment courtpretrial veterans’314treatment interventionprogramapproved by the chief judge of315the 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 either318party or the court’s own motion. However, the court may deny the319defendant admission into a misdemeanor pretrial veterans’320treatment intervention program if the defendant has previously321entered 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.