Bill Text: FL S1452 | 2015 | Regular Session | Introduced


Bill Title: Mental Health Services in the Criminal Justice System

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-05-01 - Died in Appropriations Subcommittee on Health and Human Services, companion bill(s) passed, see CS/CS/HB 1069 (Ch. 2015-178) [S1452 Detail]

Download: Florida-2015-S1452-Introduced.html
       Florida Senate - 2015                                    SB 1452
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00242A-15                                          20151452__
    1                        A bill to be entitled                      
    2         An act relating to mental health services in the
    3         criminal justice system; amending s. 394.47891, F.S.;
    4         expanding eligibility criteria for military veterans
    5         and servicemembers court programs; creating s.
    6         394.47892, F.S.; authorizing the creation of
    7         treatment-based mental health court programs; amending
    8         s. 910.035, F.S.; defining the term “problem-solving
    9         court”; revising the provisions relating to drug-court
   10         programs to apply to problem-solving courts; amending
   11         s. 916.17, F.S.; authorizing a county court to order
   12         the conditional release of a defendant only for the
   13         provision of outpatient care and treatment; creating
   14         s. 916.185, F.S.; providing legislative findings and
   15         intent; defining terms; creating the Forensic Hospital
   16         Diversion Pilot Program; requiring the Department of
   17         Children and Families to implement a Forensic Hospital
   18         Diversion Pilot Program in three specified judicial
   19         circuits; providing eligibility for the pilot program;
   20         providing legislative intent concerning training;
   21         authorizing the department to adopt rules; directing
   22         the Office of Program Policy Analysis and Government
   23         Accountability to submit a report to the Governor and
   24         the Legislature; amending s. 921.0026, F.S.; adding a
   25         postadjudicatory treatment-based mental health program
   26         and military veterans and servicemembers court program
   27         to the list of mitigating circumstances that may be
   28         considered in certain sentencing; amending ss. 948.01
   29         and 948.06, F.S.; authorizing a court to order certain
   30         defendants to participate in a postadjudicatory mental
   31         health court program; amending s. 948.08, F.S.;
   32         expanding the definition of the term “veteran” for
   33         purposes of eligibility requirements for a pretrial
   34         intervention program; amending s. 948.16, F.S.;
   35         expanding the definition of the term “veteran” for
   36         purposes of eligibility requirements for a misdemeanor
   37         pretrial veterans’ treatment intervention program;
   38         amending s. 948.21, F.S.; authorizing a court to
   39         impose certain conditions on certain probationers or
   40         community controllees; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 394.47891, Florida Statutes, is amended
   45  to read:
   46         394.47891 Military veterans and servicemembers court
   47  programs.—The chief judge of each judicial circuit may establish
   48  a Military Veterans and Servicemembers Court Program under which
   49  veterans, as defined in s. 1.01, including veterans who were
   50  discharged or released under a general discharge, and
   51  servicemembers, as defined in s. 250.01, who are convicted of a
   52  criminal offense and who suffer from a military-related mental
   53  illness, traumatic brain injury, substance abuse disorder, or
   54  psychological problem can be sentenced in accordance with
   55  chapter 921 in a manner that appropriately addresses the
   56  severity of the mental illness, traumatic brain injury,
   57  substance abuse disorder, or psychological problem through
   58  services tailored to the individual needs of the participant.
   59  Entry into any Military Veterans and Servicemembers Court
   60  Program must be based upon the sentencing court’s assessment of
   61  the defendant’s criminal history, military service, substance
   62  abuse treatment needs, mental health treatment needs,
   63  amenability to the services of the program, the recommendation
   64  of the state attorney and the victim, if any, and the
   65  defendant’s agreement to enter the program.
   66         Section 2. Section 394.47892, Florida Statutes, is created
   67  to read:
   68         394.47892 Treatment-based mental health court programs.—
   69         (1) The chief judge of each judicial circuit may establish,
   70  or individual counties may fund, a treatment-based mental health
   71  court program under which persons in the justice system assessed
   72  with a mental illness are processed in such a manner as to
   73  appropriately address the severity of the identified mental
   74  illness through treatment services tailored to the individual
   75  needs of the participant. It is the intent of the Legislature to
   76  encourage the Department of Corrections, the Department of
   77  Children and Families, the Department of Juvenile Justice, the
   78  Department of Health, the Department of Law Enforcement, the
   79  Department of Education, and such agencies, local governments,
   80  law enforcement agencies, other interested public or private
   81  entities, and individuals to support the creation and
   82  establishment of these problem-solving court programs.
   83  Participation in the treatment-based mental health court
   84  programs does not divest any public or private agency of its
   85  responsibility for a child or an adult, but enables these
   86  agencies to better meet the needs of the child or the adult
   87  through shared responsibilities and resources.
   88         (2) A defendant is eligible for the treatment-based mental
   89  health court program if the court makes a determination of
   90  eligibility based on a prior history of a known, serious mental
   91  health diagnosis, prior findings of incompetence, or the present
   92  observation of serious mental health symptoms. The treatment
   93  based mental health court program may include pretrial
   94  diversion, including specific pretrial mental health conditions
   95  of release, postadjudicatory conditions of mental health
   96  probation or community control, involuntary outpatient placement
   97  and treatment, or conditional release under chapter 916. The
   98  treatment-based mental health court program must employ
   99  principles of therapeutic jurisprudence, including an
  100  individualized recovery plan, restitution or mitigation as may
  101  be appropriate, the use of multidisciplinary treatment teams,
  102  periodic court reviews and representation by counsel, peer
  103  support services, and other recovery tools necessary to achieve
  104  a stabilized condition and prevent recidivism and rearrest.
  105         Section 3. Section 910.035, Florida Statutes, is amended to
  106  read:
  107         910.035 Transfer from county for plea and sentence or for
  108  participation in a problem-solving court.—
  109         (1) INDICTMENT OR INFORMATION PENDING.—A defendant arrested
  110  or held in a county other than that in which an indictment or
  111  information is pending against him or her may state in writing
  112  that he or she wishes to plead guilty or nolo contendere, to
  113  waive trial in the county in which the indictment or information
  114  is pending, and to consent to disposition of the case in the
  115  county in which the defendant was arrested or is held, subject
  116  to the approval of the prosecuting attorney of the court in
  117  which the indictment or information is pending. Upon receipt of
  118  the defendant’s statement and the written approval of the
  119  prosecuting attorney, the clerk of the court in which the
  120  indictment or information is pending shall transmit the papers
  121  in the proceeding, or certified copies thereof, to the clerk of
  122  the court of competent jurisdiction for the county in which the
  123  defendant is held, and the prosecution shall continue in that
  124  county upon the information or indictment originally filed. In
  125  the event a fine is imposed upon the defendant in that county,
  126  two-thirds thereof shall be returned to the county in which the
  127  indictment or information was originally filed.
  128         (2) INDICTMENT OR INFORMATION NOT PENDING.—A defendant
  129  arrested on a warrant issued upon a complaint in a county other
  130  than the county of arrest may state in writing that he or she
  131  wishes to plead guilty or nolo contendere, to waive trial in the
  132  county in which the warrant was issued, and to consent to
  133  disposition of the case in the county in which the defendant was
  134  arrested, subject to the approval of the prosecuting attorney of
  135  the court in which the indictment or information is pending.
  136  Upon receipt of the defendant’s statement and the written
  137  approval of the prosecuting attorney, and upon the filing of an
  138  information or the return of an indictment, the clerk of the
  139  court from which the warrant was issued shall transmit the
  140  papers in the proceeding, or certified copies thereof, to the
  141  clerk of the court of competent jurisdiction in the county in
  142  which the defendant was arrested, and the prosecution shall
  143  continue in that county upon the information or indictment
  144  originally filed.
  145         (3) EFFECT OF NOT GUILTY PLEA.—If, after the proceeding has
  146  been transferred pursuant to subsection (1) or subsection (2),
  147  the defendant pleads not guilty, the clerk shall return the
  148  papers to the court in which the prosecution was commenced, and
  149  the proceeding shall be restored to the docket of that court.
  150  The defendant’s statement that he or she wishes to plead guilty
  151  or nolo contendere shall not be used against the defendant.
  152         (4) APPEARANCE IN RESPONSE TO A SUMMONS.—For the purpose of
  153  initiating a transfer under this section, a person who appears
  154  in response to a summons shall be treated as if he or she had
  155  been arrested on a warrant in the county of such appearance.
  156         (5) TRANSFERS FOR PARTICIPATION IN A PROBLEM-SOLVING
  157  COURT.—As used in this subsection, the term “problem-solving
  158  court” means a drug court pursuant to s. 948.01, s. 948.06, s.
  159  948.08, s. 948.16, or s. 948.20; a veterans’ court pursuant to
  160  s. 394.47891, s. 948.08, s. 948.16, or s. 948.21; or a mental
  161  health court pursuant to s. 394.47892. A Any person eligible for
  162  participation in a problem-solving drug court treatment program
  163  pursuant to s. 948.08(6) may be eligible to have the case
  164  transferred to a county other than that in which the charge
  165  arose if the problem-solving drug court program agrees and these
  166  procedures if the following conditions are followed met:
  167         (a) The authorized representative of the problem-solving
  168  drug court program of the county requesting to transfer the case
  169  shall consult with the authorized representative of the problem
  170  solving drug court program in the county to which transfer is
  171  desired.
  172         (b) If approval for transfer is received from all parties,
  173  the trial court must shall accept, in the case of a pretrial
  174  problem-solving court, a plea of nolo contendere and enter a
  175  transfer order directing the clerk to transfer the case to the
  176  county that which has accepted the defendant into its problem
  177  solving drug court program.
  178         (c) The transfer order must shall include a copy of the
  179  probable cause affidavit, in the case of a pretrial problem
  180  solving court; any charging or sentencing documents in the case;
  181  all reports, witness statements, test results, evidence lists,
  182  and other documents in the case; the defendant’s mailing address
  183  and phone number; and the defendant’s written consent to abide
  184  by the rules and procedures of the receiving county’s problem
  185  solving drug court program.
  186         (d) After the transfer takes place, the clerk shall set the
  187  matter for a hearing before the problem-solving drug court
  188  program judge and the court shall ensure the defendant’s entry
  189  into the problem-solving drug court program.
  190         (e) Upon successful completion of the problem-solving drug
  191  court program, the jurisdiction to which the case has been
  192  transferred shall dispose of the case pursuant to s. 948.08(6).
  193  If the defendant does not complete the problem-solving drug
  194  court program successfully, the jurisdiction to which the case
  195  has been transferred shall dispose of the case within the
  196  guidelines of the Criminal Punishment Code.
  197         Section 4. Subsections (1) and (2) of section 916.17,
  198  Florida Statutes, are amended to read:
  199         916.17 Conditional release.—
  200         (1) Except for an inmate currently serving a prison
  201  sentence, the committing court may order a conditional release
  202  of any defendant in lieu of an involuntary commitment to a
  203  facility pursuant to s. 916.13 or s. 916.15 based upon an
  204  approved plan for providing appropriate outpatient care and
  205  treatment. A county court may order the conditional release of a
  206  defendant only for purposes of the provision of outpatient care
  207  and treatment. Upon a recommendation that outpatient treatment
  208  of the defendant is appropriate, a written plan for outpatient
  209  treatment, including recommendations from qualified
  210  professionals, must be filed with the court, with copies to all
  211  parties. Such a plan may also be submitted by the defendant and
  212  filed with the court with copies to all parties. The plan shall
  213  include:
  214         (a) Special provisions for residential care or adequate
  215  supervision of the defendant.
  216         (b) Provisions for outpatient mental health services.
  217         (c) If appropriate, recommendations for auxiliary services
  218  such as vocational training, educational services, or special
  219  medical care.
  220  
  221  In its order of conditional release, the court shall specify the
  222  conditions of release based upon the release plan and shall
  223  direct the appropriate agencies or persons to submit periodic
  224  reports to the court regarding the defendant’s compliance with
  225  the conditions of the release and progress in treatment, with
  226  copies to all parties.
  227         (2) Upon the filing of an affidavit or statement under oath
  228  by any person that the defendant has failed to comply with the
  229  conditions of release, that the defendant’s condition has
  230  deteriorated to the point that inpatient care is required, or
  231  that the release conditions should be modified, the court shall
  232  hold a hearing within 7 days after receipt of the affidavit or
  233  statement under oath. After the hearing, the court may modify
  234  the release conditions. The court may also order that any the
  235  defendant who is charged with a felony be returned to the
  236  department if it is found, after the appointment and report of
  237  experts, that the person meets the criteria for involuntary
  238  commitment under s. 916.13 or s. 916.15.
  239         Section 5. Section 916.185, Florida Statutes, is created to
  240  read:
  241         916.185Forensic Hospital Diversion Pilot Program.—
  242         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  243  that many jail inmates who have serious mental illnesses and who
  244  are committed to state forensic mental health treatment
  245  facilities for restoration of competency to proceed could be
  246  served more effectively and at less cost in community-based
  247  alternative programs. The Legislature further finds that many
  248  people who have serious mental illnesses and who have been
  249  discharged from state forensic mental health treatment
  250  facilities could avoid recidivism in the criminal justice and
  251  forensic mental health systems if they received specialized
  252  treatment in the community. Therefore, it is the intent of the
  253  Legislature to create the Forensic Hospital Diversion Pilot
  254  Program to serve individuals who have mental illnesses or co
  255  occurring mental illnesses and substance use disorders and who
  256  are admitted to or are at risk of entering state forensic mental
  257  health treatment facilities, prisons, jails, or state civil
  258  mental health treatment facilities.
  259         (2) DEFINITIONS.—As used in this section, the term:
  260         (a) “Best practices” means treatment services that
  261  incorporate the most effective and acceptable interventions
  262  available in the care and treatment of individuals who are
  263  diagnosed as having mental illnesses or co-occurring mental
  264  illnesses and substance use disorders.
  265         (b) “Community forensic system” means the community mental
  266  health and substance use forensic treatment system, including
  267  the comprehensive set of services and supports provided to
  268  individuals involved in or at risk of becoming involved in the
  269  criminal justice system.
  270         (c) “Evidence-based practices” means interventions and
  271  strategies that, based on the best available empirical research,
  272  demonstrate effective and efficient outcomes in the care and
  273  treatment of individuals who are diagnosed as having mental
  274  illnesses or co-occurring mental illnesses and substance use
  275  disorders.
  276         (3) CREATION.—There is created a Forensic Hospital
  277  Diversion Pilot Program to provide, when appropriate,
  278  competency-restoration and community-reintegration services in
  279  locked residential treatment facilities, based on considerations
  280  of public safety, the needs of the individual, and available
  281  resources.
  282         (a) The department shall implement a Forensic Hospital
  283  Diversion Pilot Program in Escambia, Hillsborough, and Miami
  284  Dade Counties, in conjunction with the First Judicial Circuit,
  285  the Thirteenth Judicial Circuit, and the Eleventh Judicial
  286  Circuit, respectively, which shall be modeled after the Miami
  287  Dade Forensic Alternative Center, taking into account local
  288  needs and resources.
  289         (b) In creating and implementing the program, the
  290  department shall include a comprehensive continuum of care and
  291  services that use evidence-based practices and best practices to
  292  treat people who have mental health and co-occurring substance
  293  use disorders.
  294         (c) The department and the respective judicial circuits
  295  shall implement this section within available resources. The
  296  department may reallocate resources from forensic mental health
  297  programs or other adult mental health programs serving
  298  individuals involved in the criminal justice system.
  299         (4) ELIGIBILITY.—Participation in the Forensic Hospital
  300  Diversion Pilot Program is limited to persons who:
  301         (a) Are 18 years of age or older;
  302         (b) Are charged with a felony of the second degree or a
  303  felony of the third degree;
  304         (c) Do not have a significant history of violent criminal
  305  offenses;
  306         (d) Have been adjudicated incompetent to proceed to trial
  307  or not guilty by reason of insanity under this part;
  308         (e) Meet public safety and treatment criteria established
  309  by the department for placement in a community setting; and
  310         (f) Would be admitted to a state mental health treatment
  311  facility if not for the availability of the Forensic Hospital
  312  Diversion Pilot Program.
  313         (5) TRAINING.—The Legislature encourages the Florida
  314  Supreme Court, in consultation and cooperation with the Supreme
  315  Court Mental Health and Substance Abuse Committee, to develop
  316  educational training for judges in the pilot program areas on
  317  the community forensic system.
  318         (6) RULEMAKING.—The department may adopt rules under ss.
  319  120.536(1) and 120.54 to administer this section.
  320         (7) REPORT.—The Office of Program Policy Analysis and
  321  Government Accountability shall review and evaluate the Forensic
  322  Hospital Diversion Pilot Program and submit a report to the
  323  Governor, the President of the Senate, and the Speaker of the
  324  House of Representatives by December 31, 2016. The report shall
  325  examine the efficiency and cost-effectiveness of providing
  326  forensic mental health services in secure, outpatient,
  327  community-based settings. In addition, the report shall examine
  328  the impact of the Forensic Hospital Diversion Pilot Program on
  329  public health and safety.
  330         Section 6. Paragraph (m) of subsection (2) of section
  331  921.0026, Florida Statutes, is amended to read:
  332         921.0026 Mitigating circumstances.—This section applies to
  333  any felony offense, except any capital felony, committed on or
  334  after October 1, 1998.
  335         (2) Mitigating circumstances under which a departure from
  336  the lowest permissible sentence is reasonably justified include,
  337  but are not limited to:
  338         (m) The defendant’s offense is a nonviolent felony, the
  339  defendant’s Criminal Punishment Code scoresheet total sentence
  340  points under s. 921.0024 are 60 points or fewer, and the court
  341  determines that the defendant is amenable to the services of a
  342  postadjudicatory treatment-based drug court program; a
  343  postadjudicatory treatment-based mental health court program; or
  344  a postadjudicatory treatment-based military veterans and
  345  servicemembers court program; and is otherwise qualified to
  346  participate in the program as part of the sentence. For purposes
  347  of this paragraph, the term “nonviolent felony” has the same
  348  meaning as provided in s. 948.08(6).
  349         Section 7. Subsection (8) is added to section 948.01,
  350  Florida Statutes, to read:
  351         948.01 When court may place defendant on probation or into
  352  community control.—
  353         (8)(a) Notwithstanding s. 921.0024 and effective for
  354  offenses committed on or after July 1, 2015, the sentencing
  355  court may place the defendant into a postadjudicatory treatment
  356  based mental health court program if the defendant’s Criminal
  357  Punishment Code scoresheet total sentence points under s.
  358  921.0024 are 60 points or fewer, the offense is a nonviolent
  359  felony, the defendant is amenable to mental health treatment,
  360  and the defendant is otherwise qualified under s. 394.47892(2).
  361  The satisfactory completion of the program must be a condition
  362  of the defendant’s probation or community control. As used in
  363  this subsection, the term “nonviolent felony” means a third
  364  degree felony violation under chapter 810 or any other felony
  365  offense that is not a forcible felony as defined in s. 776.08.
  366         (b)The defendant must be fully advised of the purpose of
  367  the program, and the defendant must agree to enter the program.
  368  The original sentencing court shall relinquish jurisdiction of
  369  the defendant’s case to the postadjudicatory treatment-based
  370  mental health court program until the defendant is no longer
  371  active in the program, the case is returned to the sentencing
  372  court due to the defendant’s termination from the program for
  373  failure to comply with the terms thereof, or the defendant’s
  374  sentence is completed.
  375         (c) The Department of Corrections is authorized to
  376  designate mental health probation officers to support
  377  individuals under the supervision of the mental health court.
  378         Section 8. Paragraph (j) is added to subsection (2) of
  379  section 948.06, Florida Statutes, to read:
  380         948.06 Violation of probation or community control;
  381  revocation; modification; continuance; failure to pay
  382  restitution or cost of supervision.—
  383         (2)
  384         (j) 1.Notwithstanding s. 921.0024 and effective for
  385  offenses committed on or after July 1, 2015, the court may order
  386  the defendant to successfully complete a postadjudicatory
  387  treatment-based mental health court program if:
  388         a.The court finds or the offender admits that the offender
  389  has violated his or her community control or probation;
  390         b.The offender has 60 or fewer total sentence points after
  391  including points for the violation on his or her Criminal
  392  Punishment Code scoresheet under s. 921.0024;
  393         c.The underlying offense is a nonviolent felony;
  394         d.The court determines that the offender is amenable to
  395  the services of a postadjudicatory treatment-based mental health
  396  court program;
  397         e.The court has explained the purpose of the program to
  398  the offender and the offender has agreed to participate; and
  399         f.The offender is otherwise qualified to participate in
  400  the program under s. 394.47892(2).
  401         2.After the court orders the modification of community
  402  control or probation, the original sentencing court shall
  403  relinquish jurisdiction of the offender’s case to the
  404  postadjudicatory treatment-based mental health court program
  405  until the offender is no longer active in the program, the case
  406  is returned to the sentencing court due to the offender’s
  407  termination from the program for failure to comply with the
  408  terms thereof, or the offender’s sentence is completed.
  409         Section 9. Paragraph (a) of subsection (7) of section
  410  948.08, Florida Statutes, is amended to read:
  411         948.08 Pretrial intervention program.—
  412         (7)(a) Notwithstanding any provision of this section, a
  413  person who is charged with a felony, other than a felony listed
  414  in s. 948.06(8)(c), and identified as a veteran, as defined in
  415  s. 1.01, including a veteran who was discharged or released
  416  under a general discharge, or servicemember, as defined in s.
  417  250.01, who suffers from a military service-related mental
  418  illness, traumatic brain injury, substance abuse disorder, or
  419  psychological problem, is eligible for voluntary admission into
  420  a pretrial veterans’ treatment intervention program approved by
  421  the chief judge of the circuit, upon motion of either party or
  422  the court’s own motion, except:
  423         1. If a defendant was previously offered admission to a
  424  pretrial veterans’ treatment intervention program at any time
  425  before trial and the defendant rejected that offer on the
  426  record, the court may deny the defendant’s admission to such a
  427  program.
  428         2. If a defendant previously entered a court-ordered
  429  veterans’ treatment program, the court may deny the defendant’s
  430  admission into the pretrial veterans’ treatment program.
  431         Section 10. Paragraph (a) of subsection (2) of section
  432  948.16, Florida Statutes, is amended to read:
  433         948.16 Misdemeanor pretrial substance abuse education and
  434  treatment intervention program; misdemeanor pretrial veterans’
  435  treatment intervention program.—
  436         (2)(a) A veteran, as defined in s. 1.01, including a
  437  veteran who was discharged or released under a general
  438  discharge, or servicemember, as defined in s. 250.01, who
  439  suffers from a military service-related mental illness,
  440  traumatic brain injury, substance abuse disorder, or
  441  psychological problem, and who is charged with a misdemeanor is
  442  eligible for voluntary admission into a misdemeanor pretrial
  443  veterans’ treatment intervention program approved by the chief
  444  judge of the circuit, for a period based on the program’s
  445  requirements and the treatment plan for the offender, upon
  446  motion of either party or the court’s own motion. However, the
  447  court may deny the defendant admission into a misdemeanor
  448  pretrial veterans’ treatment intervention program if the
  449  defendant has previously entered a court-ordered veterans’
  450  treatment program.
  451         Section 11. Section 948.21, Florida Statutes, is amended to
  452  read:
  453         948.21 Condition of probation or community control;
  454  military servicemembers and veterans.—
  455         (1) Effective for a probationer or community controllee
  456  whose crime was committed on or after July 1, 2012, and who is a
  457  veteran, as defined in s. 1.01, or servicemember, as defined in
  458  s. 250.01, who suffers from a military service-related mental
  459  illness, traumatic brain injury, substance abuse disorder, or
  460  psychological problem, the court may, in addition to any other
  461  conditions imposed, impose a condition requiring the probationer
  462  or community controllee to participate in a treatment program
  463  capable of treating the probationer or community controllee’s
  464  mental illness, traumatic brain injury, substance abuse
  465  disorder, or psychological problem.
  466         (2) Effective for a probationer or community controllee
  467  whose crime was committed on or after July 1, 2015, and who is a
  468  veteran, as defined in s. 1.01, including a veteran who was
  469  discharged or released under a general discharge, or a
  470  servicemember, as defined in s. 250.01, who suffers from a
  471  military service-related mental illness, traumatic brain injury,
  472  substance abuse disorder, or psychological problem, the court
  473  may impose, in addition to any other conditions imposed, a
  474  condition requiring the probationer or community controllee to
  475  participate in a treatment program established to treat the
  476  probationer or community controllee’s mental illness, traumatic
  477  brain injury, substance abuse disorder, or psychological
  478  problem.
  479         (3) The court shall give preference to treatment programs
  480  for which the probationer or community controllee is eligible
  481  through the United States Department of Veterans Affairs or the
  482  Florida Department of Veterans’ Affairs. The Department of
  483  Corrections is not required to spend state funds to implement
  484  this section.
  485         Section 12. This act shall take effect July 1, 2015.

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