Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/SB 7068, 1st Eng.
       
       
       
       
       
       
                                Ì199730.Î199730                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/3R          .                                
             04/24/2015 11:12 AM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (902964) (with title
    2  amendment)
    3  
    4         Between lines 3813 and 3814
    5  insert:
    6         Section 36. Subsection (8) is added to section 948.01,
    7  Florida Statutes, to read:
    8         948.01 When court may place defendant on probation or into
    9  community control.—
   10         (8)(a) Notwithstanding s. 921.0024 and effective for
   11  offenses committed on or after July 1, 2015, the sentencing
   12  court may place the defendant into a postadjudicatory treatment
   13  based mental health court program if the offense is a nonviolent
   14  felony, the defendant is amenable to mental health treatment,
   15  including taking prescribed medications, and the defendant is
   16  otherwise qualified under s. 394.47892(4). The satisfactory
   17  completion of the program must be a condition of the defendant’s
   18  probation or community control. As used in this subsection, the
   19  term “nonviolent felony” means a felony violation of the third
   20  degree under chapter 810 or any other felony offense that is not
   21  a forcible felony as defined in s. 776.08. Defendants charged
   22  with resisting an officer with violence under s. 843.01, battery
   23  on a law enforcement officer under s. 784.07, or aggravated
   24  assault may participate in the mental health court program if
   25  the court so orders after the victim is given his or her right
   26  to provide testimony or a written statement to the court as
   27  provided in s. 921.143.
   28         (b) The defendant must be fully advised of the purpose of
   29  the program and the defendant must agree to enter the program.
   30  The original sentencing court shall relinquish jurisdiction of
   31  the defendant’s case to the postadjudicatory treatment-based
   32  mental health court program until the defendant is no longer
   33  active in the program, the case is returned to the sentencing
   34  court due to the defendant’s termination from the program for
   35  failure to comply with the terms thereof, or the defendant’s
   36  sentence is completed.
   37         (c) The Department of Corrections may establish designated
   38  mental health probation officers to support individuals under
   39  supervision of the mental health court.
   40         Section 37. Paragraph (j) is added to subsection (2) of
   41  section 948.06, Florida Statutes, to read:
   42         948.06 Violation of probation or community control;
   43  revocation; modification; continuance; failure to pay
   44  restitution or cost of supervision.—
   45         (2)
   46         (j)1. Notwithstanding s. 921.0024 and effective for
   47  offenses committed on or after July 1, 2015, the court may order
   48  the offender to successfully complete a postadjudicatory
   49  treatment-based mental health court program under s. 394.47892
   50  or a military veterans and servicemembers court program under s.
   51  394.47891 if:
   52         a. The court finds or the offender admits that the offender
   53  has violated his or her community control or probation.
   54         b. The underlying offense is a nonviolent felony. As used
   55  in this subsection, the term “nonviolent felony” means a felony
   56  violation of the third degree under chapter 810 or any other
   57  felony offense that is not a forcible felony as defined in s.
   58  776.08. Offenders charged with resisting an officer with
   59  violence under s. 843.01, battery on a law enforcement officer
   60  under s. 784.07, or aggravated assault may participate in the
   61  mental health court program if the court so orders after the
   62  victim is given his or her right to provide testimony or a
   63  written statement to the court as provided in s. 921.143.
   64         c. The court determines that the offender is amenable to
   65  the services of a postadjudicatory treatment-based mental health
   66  court program, including taking prescribed medications, or a
   67  military veterans and servicemembers court program.
   68         d. The court explains the purpose of the program to the
   69  offender and the offender agrees to participate.
   70         e. The offender is otherwise qualified to participate in a
   71  postadjudicatory treatment-based mental health court program
   72  under s. 394.47892(4) or a military veterans and servicemembers
   73  court program under s. 394.47891.
   74         2. After the court orders the modification of community
   75  control or probation, the original sentencing court shall
   76  relinquish jurisdiction of the offender’s case to the
   77  postadjudicatory treatment-based mental health court program
   78  until the offender is no longer active in the program, the case
   79  is returned to the sentencing court due to the offender’s
   80  termination from the program for failure to comply with the
   81  terms thereof, or the offender’s sentence is completed.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete line 5867
   86  and insert:
   87         provisions are not severable; amending ss. 948.01 and
   88         948.06, F.S.; providing for courts to order certain
   89         defendants on probation or community control to
   90         postadjudicatory mental health court programs;
   91         amending s. 948.08,