Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 604
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2016 .
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Appropriations Subcommittee on Health and Human Services (Sobel)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (6) of section 39.001, Florida
6 Statutes, is amended to read:
7 39.001 Purposes and intent; personnel standards and
8 screening.—
9 (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
10 (a) The Legislature recognizes that early referral and
11 comprehensive treatment can help combat mental illnesses and
12 substance abuse disorders in families and that treatment is
13 cost-effective.
14 (b) The Legislature establishes the following goals for the
15 state related to mental illness and substance abuse treatment
16 services in the dependency process:
17 1. To ensure the safety of children.
18 2. To prevent and remediate the consequences of mental
19 illnesses and substance abuse disorders on families involved in
20 protective supervision or foster care and reduce the occurrences
21 of mental illnesses and substance abuse disorders, including
22 alcohol abuse or related disorders, for families who are at risk
23 of being involved in protective supervision or foster care.
24 3. To expedite permanency for children and reunify healthy,
25 intact families, when appropriate.
26 4. To support families in recovery.
27 (c) The Legislature finds that children in the care of the
28 state’s dependency system need appropriate health care services,
29 that the impact of mental illnesses and substance abuse
30 disorders on health indicates the need for health care services
31 to include treatment for mental health and substance abuse
32 disorders for services to children and parents, where
33 appropriate, and that it is in the state’s best interest that
34 such children be provided the services they need to enable them
35 to become and remain independent of state care. In order to
36 provide these services, the state’s dependency system must have
37 the ability to identify and provide appropriate intervention and
38 treatment for children with personal or family-related mental
39 illness and substance abuse problems.
40 (d) It is the intent of the Legislature to encourage the
41 use of the mental health court program model established under
42 s. 394.47892 and the drug court program model established under
43 by s. 397.334 and authorize courts to assess children and
44 persons who have custody or are requesting custody of children
45 where good cause is shown to identify and address mental
46 illnesses and substance abuse disorders problems as the court
47 deems appropriate at every stage of the dependency process.
48 Participation in treatment, including a mental health court
49 program or a treatment-based drug court program, may be required
50 by the court following adjudication. Participation in assessment
51 and treatment before prior to adjudication is shall be
52 voluntary, except as provided in s. 39.407(16).
53 (e) It is therefore the purpose of the Legislature to
54 provide authority for the state to contract with mental health
55 service providers and community substance abuse treatment
56 providers for the development and operation of specialized
57 support and overlay services for the dependency system, which
58 will be fully implemented and used as resources permit.
59 (f) Participation in a mental health court program or a the
60 treatment-based drug court program does not divest any public or
61 private agency of its responsibility for a child or adult, but
62 is intended to enable these agencies to better meet their needs
63 through shared responsibility and resources.
64 Section 2. Subsection (10) of section 39.507, Florida
65 Statutes, is amended to read:
66 39.507 Adjudicatory hearings; orders of adjudication.—
67 (10) After an adjudication of dependency, or a finding of
68 dependency where adjudication is withheld, the court may order a
69 person who has custody or is requesting custody of the child to
70 submit to a mental health or substance abuse disorder assessment
71 or evaluation. The assessment or evaluation must be administered
72 by a qualified professional, as defined in s. 397.311. The court
73 may also require such person to participate in and comply with
74 treatment and services identified as necessary, including, when
75 appropriate and available, participation in and compliance with
76 a mental health court program established under s. 394.47892 or
77 a treatment-based drug court program established under s.
78 397.334. In addition to supervision by the department, the
79 court, including the mental health court program or treatment
80 based drug court program, may oversee the progress and
81 compliance with treatment by a person who has custody or is
82 requesting custody of the child. The court may impose
83 appropriate available sanctions for noncompliance upon a person
84 who has custody or is requesting custody of the child or make a
85 finding of noncompliance for consideration in determining
86 whether an alternative placement of the child is in the child’s
87 best interests. Any order entered under this subsection may be
88 made only upon good cause shown. This subsection does not
89 authorize placement of a child with a person seeking custody,
90 other than the parent or legal custodian, who requires mental
91 health or substance abuse disorder treatment.
92 Section 3. Paragraph (b) of subsection (1) of section
93 39.521, Florida Statutes, is amended to read:
94 39.521 Disposition hearings; powers of disposition.—
95 (1) A disposition hearing shall be conducted by the court,
96 if the court finds that the facts alleged in the petition for
97 dependency were proven in the adjudicatory hearing, or if the
98 parents or legal custodians have consented to the finding of
99 dependency or admitted the allegations in the petition, have
100 failed to appear for the arraignment hearing after proper
101 notice, or have not been located despite a diligent search
102 having been conducted.
103 (b) When any child is adjudicated by a court to be
104 dependent, the court having jurisdiction of the child has the
105 power by order to:
106 1. Require the parent and, when appropriate, the legal
107 custodian and the child to participate in treatment and services
108 identified as necessary. The court may require the person who
109 has custody or who is requesting custody of the child to submit
110 to a mental health or substance abuse disorder assessment or
111 evaluation. The assessment or evaluation must be administered by
112 a qualified professional, as defined in s. 397.311. The court
113 may also require such person to participate in and comply with
114 treatment and services identified as necessary, including, when
115 appropriate and available, participation in and compliance with
116 a mental health court program established under s. 394.47892 or
117 a treatment-based drug court program established under s.
118 397.334. In addition to supervision by the department, the
119 court, including the mental health court program or the
120 treatment-based drug court program, may oversee the progress and
121 compliance with treatment by a person who has custody or is
122 requesting custody of the child. The court may impose
123 appropriate available sanctions for noncompliance upon a person
124 who has custody or is requesting custody of the child or make a
125 finding of noncompliance for consideration in determining
126 whether an alternative placement of the child is in the child’s
127 best interests. Any order entered under this subparagraph may be
128 made only upon good cause shown. This subparagraph does not
129 authorize placement of a child with a person seeking custody of
130 the child, other than the child’s parent or legal custodian, who
131 requires mental health or substance abuse disorder treatment.
132 2. Require, if the court deems necessary, the parties to
133 participate in dependency mediation.
134 3. Require placement of the child either under the
135 protective supervision of an authorized agent of the department
136 in the home of one or both of the child’s parents or in the home
137 of a relative of the child or another adult approved by the
138 court, or in the custody of the department. Protective
139 supervision continues until the court terminates it or until the
140 child reaches the age of 18, whichever date is first. Protective
141 supervision shall be terminated by the court whenever the court
142 determines that permanency has been achieved for the child,
143 whether with a parent, another relative, or a legal custodian,
144 and that protective supervision is no longer needed. The
145 termination of supervision may be with or without retaining
146 jurisdiction, at the court’s discretion, and shall in either
147 case be considered a permanency option for the child. The order
148 terminating supervision by the department shall set forth the
149 powers of the custodian of the child and shall include the
150 powers ordinarily granted to a guardian of the person of a minor
151 unless otherwise specified. Upon the court’s termination of
152 supervision by the department, no further judicial reviews are
153 required, so long as permanency has been established for the
154 child.
155 Section 4. Subsections (1) through (7) of section 394.4655,
156 Florida Statutes, are renumbered as subsections (2) through (8),
157 respectively, paragraph (b) of present subsection (3), paragraph
158 (b) of present subsection (6), and paragraphs (a) and (c) of
159 present subsection (7) are amended, and a new subsection (1) is
160 added to that section, to read:
161 394.4655 Involuntary outpatient placement.—
162 (1) DEFINITIONS.—As used in this section, the term:
163 (a) “Court” means a circuit court or a criminal county
164 court.
165 (b) “Criminal county court” means a county court exercising
166 its original jurisdiction in a misdemeanor case under s. 34.01.
167 (4)(3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
168 (b) Each required criterion for involuntary outpatient
169 placement must be alleged and substantiated in the petition for
170 involuntary outpatient placement. A copy of the certificate
171 recommending involuntary outpatient placement completed by a
172 qualified professional specified in subsection (3) (2) must be
173 attached to the petition. A copy of the proposed treatment plan
174 must be attached to the petition. Before the petition is filed,
175 the service provider shall certify that the services in the
176 proposed treatment plan are available. If the necessary services
177 are not available in the patient’s local community to respond to
178 the person’s individual needs, the petition may not be filed.
179 (7)(6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
180 (b)1. If the court concludes that the patient meets the
181 criteria for involuntary outpatient placement pursuant to
182 subsection (2) (1), the court shall issue an order for
183 involuntary outpatient placement. The court order shall be for a
184 period of up to 6 months. The order must specify the nature and
185 extent of the patient’s mental illness. The order of the court
186 and the treatment plan shall be made part of the patient’s
187 clinical record. The service provider shall discharge a patient
188 from involuntary outpatient placement when the order expires or
189 any time the patient no longer meets the criteria for
190 involuntary placement. Upon discharge, the service provider
191 shall send a certificate of discharge to the court.
192 2. The court may not order the department or the service
193 provider to provide services if the program or service is not
194 available in the patient’s local community, if there is no space
195 available in the program or service for the patient, or if
196 funding is not available for the program or service. A copy of
197 the order must be sent to the Agency for Health Care
198 Administration by the service provider within 1 working day
199 after it is received from the court. After the placement order
200 is issued, the service provider and the patient may modify
201 provisions of the treatment plan. For any material modification
202 of the treatment plan to which the patient or the patient’s
203 guardian advocate, if appointed, does agree, the service
204 provider shall send notice of the modification to the court. Any
205 material modifications of the treatment plan which are contested
206 by the patient or the patient’s guardian advocate, if appointed,
207 must be approved or disapproved by the court consistent with
208 subsection (3) (2).
209 3. If, in the clinical judgment of a physician, the patient
210 has failed or has refused to comply with the treatment ordered
211 by the court, and, in the clinical judgment of the physician,
212 efforts were made to solicit compliance and the patient may meet
213 the criteria for involuntary examination, a person may be
214 brought to a receiving facility pursuant to s. 394.463. If,
215 after examination, the patient does not meet the criteria for
216 involuntary inpatient placement pursuant to s. 394.467, the
217 patient must be discharged from the receiving facility. The
218 involuntary outpatient placement order shall remain in effect
219 unless the service provider determines that the patient no
220 longer meets the criteria for involuntary outpatient placement
221 or until the order expires. The service provider must determine
222 whether modifications should be made to the existing treatment
223 plan and must attempt to continue to engage the patient in
224 treatment. For any material modification of the treatment plan
225 to which the patient or the patient’s guardian advocate, if
226 appointed, does agree, the service provider shall send notice of
227 the modification to the court. Any material modifications of the
228 treatment plan which are contested by the patient or the
229 patient’s guardian advocate, if appointed, must be approved or
230 disapproved by the court consistent with subsection (3) (2).
231 (8)(7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
232 PLACEMENT.—
233 (a)1. If the person continues to meet the criteria for
234 involuntary outpatient placement, the service provider shall,
235 before the expiration of the period during which the treatment
236 is ordered for the person, file in the circuit court that issued
237 the order for involuntary outpatient treatment a petition for
238 continued involuntary outpatient placement.
239 2. The existing involuntary outpatient placement order
240 remains in effect until disposition on the petition for
241 continued involuntary outpatient placement.
242 3. A certificate shall be attached to the petition which
243 includes a statement from the person’s physician or clinical
244 psychologist justifying the request, a brief description of the
245 patient’s treatment during the time he or she was involuntarily
246 placed, and an individualized plan of continued treatment.
247 4. The service provider shall develop the individualized
248 plan of continued treatment in consultation with the patient or
249 the patient’s guardian advocate, if appointed. When the petition
250 has been filed, the clerk of the court shall provide copies of
251 the certificate and the individualized plan of continued
252 treatment to the department, the patient, the patient’s guardian
253 advocate, the state attorney, and the patient’s private counsel
254 or the public defender.
255 (c) Hearings on petitions for continued involuntary
256 outpatient placement shall be before the circuit court that
257 issued the order for involuntary outpatient treatment. The court
258 may appoint a master to preside at the hearing. The procedures
259 for obtaining an order pursuant to this paragraph shall be in
260 accordance with subsection (7) (6), except that the time period
261 included in paragraph (2)(e) (1)(e) is not applicable in
262 determining the appropriateness of additional periods of
263 involuntary outpatient placement.
264 Section 5. Paragraph (d) of subsection (2) of section
265 394.4599, Florida Statutes, is amended to read:
266 394.4599 Notice.—
267 (2) INVOLUNTARY ADMISSION.—
268 (d) The written notice of the filing of the petition for
269 involuntary placement of an individual being held must contain
270 the following:
271 1. Notice that the petition for:
272 a. Involuntary inpatient treatment pursuant to s. 394.467
273 has been filed with the circuit court in the county in which the
274 individual is hospitalized and the address of such court; or
275 b. Involuntary outpatient treatment pursuant to s. 394.4655
276 has been filed with the criminal county court, as defined in s.
277 394.4655(1), or the circuit court, as applicable, in the county
278 in which the individual is hospitalized and the address of such
279 court.
280 2. Notice that the office of the public defender has been
281 appointed to represent the individual in the proceeding, if the
282 individual is not otherwise represented by counsel.
283 3. The date, time, and place of the hearing and the name of
284 each examining expert and every other person expected to testify
285 in support of continued detention.
286 4. Notice that the individual, the individual’s guardian,
287 guardian advocate, health care surrogate or proxy, or
288 representative, or the administrator may apply for a change of
289 venue for the convenience of the parties or witnesses or because
290 of the condition of the individual.
291 5. Notice that the individual is entitled to an independent
292 expert examination and, if the individual cannot afford such an
293 examination, that the court will provide for one.
294 Section 6. Paragraphs (g) and (i) of subsection (2) of
295 section 394.463, Florida Statutes, are amended to read:
296 394.463 Involuntary examination.—
297 (2) INVOLUNTARY EXAMINATION.—
298 (g) A person for whom an involuntary examination has been
299 initiated who is being evaluated or treated at a hospital for an
300 emergency medical condition specified in s. 395.002 must be
301 examined by a receiving facility within 72 hours. The 72-hour
302 period begins when the patient arrives at the hospital and
303 ceases when the attending physician documents that the patient
304 has an emergency medical condition. If the patient is examined
305 at a hospital providing emergency medical services by a
306 professional qualified to perform an involuntary examination and
307 is found as a result of that examination not to meet the
308 criteria for involuntary outpatient placement pursuant to s.
309 394.4655(2) 394.4655(1) or involuntary inpatient placement
310 pursuant to s. 394.467(1), the patient may be offered voluntary
311 placement, if appropriate, or released directly from the
312 hospital providing emergency medical services. The finding by
313 the professional that the patient has been examined and does not
314 meet the criteria for involuntary inpatient placement or
315 involuntary outpatient placement must be entered into the
316 patient’s clinical record. Nothing in this paragraph is intended
317 to prevent a hospital providing emergency medical services from
318 appropriately transferring a patient to another hospital prior
319 to stabilization, provided the requirements of s. 395.1041(3)(c)
320 have been met.
321 (i) Within the 72-hour examination period or, if the 72
322 hours ends on a weekend or holiday, no later than the next
323 working day thereafter, one of the following actions must be
324 taken, based on the individual needs of the patient:
325 1. The patient shall be released, unless he or she is
326 charged with a crime, in which case the patient shall be
327 returned to the custody of a law enforcement officer;
328 2. The patient shall be released, subject to the provisions
329 of subparagraph 1., for voluntary outpatient treatment;
330 3. The patient, unless he or she is charged with a crime,
331 shall be asked to give express and informed consent to placement
332 as a voluntary patient, and, if such consent is given, the
333 patient shall be admitted as a voluntary patient; or
334 4. A petition for involuntary placement shall be filed in
335 the circuit court if when outpatient or inpatient treatment is
336 deemed necessary or with the criminal county court, as defined
337 in s. 394.4655(1), as applicable. If When inpatient treatment is
338 deemed necessary, the least restrictive treatment consistent
339 with the optimum improvement of the patient’s condition shall be
340 made available. When a petition is to be filed for involuntary
341 outpatient placement, it shall be filed by one of the
342 petitioners specified in s. 394.4655(4)(a) 394.4655(3)(a). A
343 petition for involuntary inpatient placement shall be filed by
344 the facility administrator.
345 Section 7. Subsection (34) of section 394.455, Florida
346 Statutes, is amended to read:
347 394.455 Definitions.—As used in this part, unless the
348 context clearly requires otherwise, the term:
349 (34) “Involuntary examination” means an examination
350 performed under s. 394.463 to determine if an individual
351 qualifies for involuntary inpatient treatment under s.
352 394.467(1) or involuntary outpatient treatment under s.
353 394.4655(2) 394.4655(1).
354 Section 8. Subsection (3) of section 394.4615, Florida
355 Statutes, is amended to read:
356 394.4615 Clinical records; confidentiality.—
357 (3) Information from the clinical record may be released in
358 the following circumstances:
359 (a) When a patient has declared an intention to harm other
360 persons. When such declaration has been made, the administrator
361 may authorize the release of sufficient information to provide
362 adequate warning to the person threatened with harm by the
363 patient.
364 (b) When the administrator of the facility or secretary of
365 the department deems release to a qualified researcher as
366 defined in administrative rule, an aftercare treatment provider,
367 or an employee or agent of the department is necessary for
368 treatment of the patient, maintenance of adequate records,
369 compilation of treatment data, aftercare planning, or evaluation
370 of programs.
371
372 For the purpose of determining whether a person meets the
373 criteria for involuntary outpatient placement or for preparing
374 the proposed treatment plan pursuant to s. 394.4655, the
375 clinical record may be released to the state attorney, the
376 public defender or the patient’s private legal counsel, the
377 court, and to the appropriate mental health professionals,
378 including the service provider identified in s. 394.4655(7)(b)2.
379 394.4655(6)(b)2., in accordance with state and federal law.
380 Section 9. Section 394.47891, Florida Statutes, is amended
381 to read:
382 394.47891 Military veterans and servicemembers court
383 programs.—The chief judge of each judicial circuit may establish
384 a Military Veterans and Servicemembers Court Program under which
385 veterans, as defined in s. 1.01, including veterans who were
386 discharged or released under a general discharge, and
387 servicemembers, as defined in s. 250.01, who are charged or
388 convicted of a criminal offense and who suffer from a military
389 related mental illness, traumatic brain injury, substance abuse
390 disorder, or psychological problem can be sentenced in
391 accordance with chapter 921 in a manner that appropriately
392 addresses the severity of the mental illness, traumatic brain
393 injury, substance abuse disorder, or psychological problem
394 through services tailored to the individual needs of the
395 participant. Entry into any Military Veterans and Servicemembers
396 Court Program must be based upon the sentencing court’s
397 assessment of the defendant’s criminal history, military
398 service, substance abuse treatment needs, mental health
399 treatment needs, amenability to the services of the program, the
400 recommendation of the state attorney and the victim, if any, and
401 the defendant’s agreement to enter the program.
402 Section 10. Section 394.47892, Florida Statutes, is created
403 to read:
404 394.47892 Mental health court programs.—
405 (1) Each county may fund a mental health court program
406 under which a defendant in the justice system assessed with a
407 mental illness shall be processed in such a manner as to
408 appropriately address the severity of the identified mental
409 illness through treatment services tailored to the individual
410 needs of the participant. The Legislature intends to encourage
411 the department, the Department of Corrections, the Department of
412 Juvenile Justice, the Department of Health, the Department of
413 Law Enforcement, the Department of Education, and other such
414 agencies, local governments, law enforcement agencies,
415 interested public or private entities, and individuals to
416 support the creation and establishment of problem-solving court
417 programs. Participation in a mental health court program does
418 not relieve a public or private agency of its responsibility for
419 a child or an adult, but enables such agency to better meet the
420 child’s or adult’s needs through shared responsibility and
421 resources.
422 (2) Mental health court programs may include pretrial
423 intervention programs as provided in ss. 948.08, 948.16, and
424 985.345, postadjudicatory mental health court programs as
425 provided in ss. 948.01 and 948.06, and review of the status of
426 compliance or noncompliance of sentenced defendants through a
427 mental health court program.
428 (3) Entry into a pretrial mental health court program is
429 voluntary.
430 (4)(a) Entry into a postadjudicatory mental health court
431 program as a condition of probation or community control
432 pursuant to s. 948.01 or s. 948.06 must be based upon the
433 sentencing court’s assessment of the defendant’s criminal
434 history, mental health screening outcome, amenability to the
435 services of the program, and total sentence points; the
436 recommendation of the state attorney and the victim, if any; and
437 the defendant’s agreement to enter the program.
438 (b) A defendant who is sentenced to a postadjudicatory
439 mental health court program and who, while a mental health court
440 program participant, is the subject of a violation of probation
441 or community control under s. 948.06 shall have the violation of
442 probation or community control heard by the judge presiding over
443 the postadjudicatory mental health court program. After a
444 hearing on or admission of the violation, the judge shall
445 dispose of any such violation as he or she deems appropriate if
446 the resulting sentence or conditions are lawful.
447 (5)(a) Contingent upon an annual appropriation by the
448 Legislature, the state courts system shall establish, at a
449 minimum, one coordinator position in each mental health court
450 program to coordinate the responsibilities of the participating
451 agencies and service providers. Each coordinator shall provide
452 direct support to the mental health court program by providing
453 coordination between the multidisciplinary team and the
454 judiciary, providing case management, monitoring compliance of
455 the participants in the mental health court program with court
456 requirements, and managing the collection of data for program
457 evaluation and accountability.
458 (b) Each mental health court program shall collect
459 sufficient client-level data and programmatic information for
460 purposes of program evaluation. Client-level data includes
461 primary offenses that resulted in the mental health court
462 program referral or sentence, treatment compliance, completion
463 status and reasons for failure to complete, offenses committed
464 during treatment and the sanctions imposed, frequency of court
465 appearances, and units of service. Programmatic information
466 includes referral and screening procedures, eligibility
467 criteria, type and duration of treatment offered, and
468 residential treatment resources. The programmatic information
469 and aggregate data on the number of mental health court program
470 admissions and terminations by type of termination shall be
471 reported annually by each mental health court program to the
472 Office of the State Courts Administrator.
473 (6) If a county chooses to fund a mental health court
474 program, the county must secure funding from sources other than
475 the state for those costs not otherwise assumed by the state
476 pursuant to s. 29.004. However, this subsection does not
477 preclude counties from using funds for treatment and other
478 services provided through state executive branch agencies.
479 Counties may provide, by interlocal agreement, for the
480 collective funding of these programs.
481 (7) The chief judge of each judicial circuit may appoint an
482 advisory committee for the mental health court program. The
483 committee shall be composed of the chief judge, or his or her
484 designee, who shall serve as chair; the judge or judges of the
485 mental health court program, if not otherwise designated by the
486 chief judge as his or her designee; the state attorney, or his
487 or her designee; the public defender, or his or her designee;
488 the mental health court program coordinator or coordinators;
489 community representatives; treatment representatives; and any
490 other persons who the chair deems appropriate.
491 Section 11. Paragraph (a) of subsection (2) of section
492 790.065, Florida Statutes, is amended to read:
493 790.065 Sale and delivery of firearms.—
494 (2) Upon receipt of a request for a criminal history record
495 check, the Department of Law Enforcement shall, during the
496 licensee’s call or by return call, forthwith:
497 (a) Review any records available to determine if the
498 potential buyer or transferee:
499 1. Has been convicted of a felony and is prohibited from
500 receipt or possession of a firearm pursuant to s. 790.23;
501 2. Has been convicted of a misdemeanor crime of domestic
502 violence, and therefore is prohibited from purchasing a firearm;
503 3. Has had adjudication of guilt withheld or imposition of
504 sentence suspended on any felony or misdemeanor crime of
505 domestic violence unless 3 years have elapsed since probation or
506 any other conditions set by the court have been fulfilled or
507 expunction has occurred; or
508 4. Has been adjudicated mentally defective or has been
509 committed to a mental institution by a court or as provided in
510 sub-sub-subparagraph b.(II), and as a result is prohibited by
511 state or federal law from purchasing a firearm.
512 a. As used in this subparagraph, “adjudicated mentally
513 defective” means a determination by a court that a person, as a
514 result of marked subnormal intelligence, or mental illness,
515 incompetency, condition, or disease, is a danger to himself or
516 herself or to others or lacks the mental capacity to contract or
517 manage his or her own affairs. The phrase includes a judicial
518 finding of incapacity under s. 744.331(6)(a), an acquittal by
519 reason of insanity of a person charged with a criminal offense,
520 and a judicial finding that a criminal defendant is not
521 competent to stand trial.
522 b. As used in this subparagraph, “committed to a mental
523 institution” means:
524 (I) Involuntary commitment, commitment for mental
525 defectiveness or mental illness, and commitment for substance
526 abuse. The phrase includes involuntary inpatient placement as
527 defined in s. 394.467, involuntary outpatient placement as
528 defined in s. 394.4655, involuntary assessment and stabilization
529 under s. 397.6818, and involuntary substance abuse treatment
530 under s. 397.6957, but does not include a person in a mental
531 institution for observation or discharged from a mental
532 institution based upon the initial review by the physician or a
533 voluntary admission to a mental institution; or
534 (II) Notwithstanding sub-sub-subparagraph (I), voluntary
535 admission to a mental institution for outpatient or inpatient
536 treatment of a person who had an involuntary examination under
537 s. 394.463, where each of the following conditions have been
538 met:
539 (A) An examining physician found that the person is an
540 imminent danger to himself or herself or others.
541 (B) The examining physician certified that if the person
542 did not agree to voluntary treatment, a petition for involuntary
543 outpatient or inpatient treatment would have been filed under s.
544 394.463(2)(i)4., or the examining physician certified that a
545 petition was filed and the person subsequently agreed to
546 voluntary treatment prior to a court hearing on the petition.
547 (C) Before agreeing to voluntary treatment, the person
548 received written notice of that finding and certification, and
549 written notice that as a result of such finding, he or she may
550 be prohibited from purchasing a firearm, and may not be eligible
551 to apply for or retain a concealed weapon or firearms license
552 under s. 790.06 and the person acknowledged such notice in
553 writing, in substantially the following form:
554
555 “I understand that the doctor who examined me believes I am a
556 danger to myself or to others. I understand that if I do not
557 agree to voluntary treatment, a petition will be filed in court
558 to require me to receive involuntary treatment. I understand
559 that if that petition is filed, I have the right to contest it.
560 In the event a petition has been filed, I understand that I can
561 subsequently agree to voluntary treatment prior to a court
562 hearing. I understand that by agreeing to voluntary treatment in
563 either of these situations, I may be prohibited from buying
564 firearms and from applying for or retaining a concealed weapons
565 or firearms license until I apply for and receive relief from
566 that restriction under Florida law.”
567
568 (D) A judge or a magistrate has, pursuant to sub-sub
569 subparagraph c.(II), reviewed the record of the finding,
570 certification, notice, and written acknowledgment classifying
571 the person as an imminent danger to himself or herself or
572 others, and ordered that such record be submitted to the
573 department.
574 c. In order to check for these conditions, the department
575 shall compile and maintain an automated database of persons who
576 are prohibited from purchasing a firearm based on court records
577 of adjudications of mental defectiveness or commitments to
578 mental institutions.
579 (I) Except as provided in sub-sub-subparagraph (II), clerks
580 of court shall submit these records to the department within 1
581 month after the rendition of the adjudication or commitment.
582 Reports shall be submitted in an automated format. The reports
583 must, at a minimum, include the name, along with any known alias
584 or former name, the sex, and the date of birth of the subject.
585 (II) For persons committed to a mental institution pursuant
586 to sub-sub-subparagraph b.(II), within 24 hours after the
587 person’s agreement to voluntary admission, a record of the
588 finding, certification, notice, and written acknowledgment must
589 be filed by the administrator of the receiving or treatment
590 facility, as defined in s. 394.455, with the clerk of the court
591 for the county in which the involuntary examination under s.
592 394.463 occurred. No fee shall be charged for the filing under
593 this sub-sub-subparagraph. The clerk must present the records to
594 a judge or magistrate within 24 hours after receipt of the
595 records. A judge or magistrate is required and has the lawful
596 authority to review the records ex parte and, if the judge or
597 magistrate determines that the record supports the classifying
598 of the person as an imminent danger to himself or herself or
599 others, to order that the record be submitted to the department.
600 If a judge or magistrate orders the submittal of the record to
601 the department, the record must be submitted to the department
602 within 24 hours.
603 d. A person who has been adjudicated mentally defective or
604 committed to a mental institution, as those terms are defined in
605 this paragraph, may petition the circuit court that made the
606 adjudication or commitment, or the court that ordered that the
607 record be submitted to the department pursuant to sub-sub
608 subparagraph c.(II), for relief from the firearm disabilities
609 imposed by such adjudication or commitment. A copy of the
610 petition shall be served on the state attorney for the county in
611 which the person was adjudicated or committed. The state
612 attorney may object to and present evidence relevant to the
613 relief sought by the petition. The hearing on the petition may
614 be open or closed as the petitioner may choose. The petitioner
615 may present evidence and subpoena witnesses to appear at the
616 hearing on the petition. The petitioner may confront and cross
617 examine witnesses called by the state attorney. A record of the
618 hearing shall be made by a certified court reporter or by court
619 approved electronic means. The court shall make written findings
620 of fact and conclusions of law on the issues before it and issue
621 a final order. The court shall grant the relief requested in the
622 petition if the court finds, based on the evidence presented
623 with respect to the petitioner’s reputation, the petitioner’s
624 mental health record and, if applicable, criminal history
625 record, the circumstances surrounding the firearm disability,
626 and any other evidence in the record, that the petitioner will
627 not be likely to act in a manner that is dangerous to public
628 safety and that granting the relief would not be contrary to the
629 public interest. If the final order denies relief, the
630 petitioner may not petition again for relief from firearm
631 disabilities until 1 year after the date of the final order. The
632 petitioner may seek judicial review of a final order denying
633 relief in the district court of appeal having jurisdiction over
634 the court that issued the order. The review shall be conducted
635 de novo. Relief from a firearm disability granted under this
636 sub-subparagraph has no effect on the loss of civil rights,
637 including firearm rights, for any reason other than the
638 particular adjudication of mental defectiveness or commitment to
639 a mental institution from which relief is granted.
640 e. Upon receipt of proper notice of relief from firearm
641 disabilities granted under sub-subparagraph d., the department
642 shall delete any mental health record of the person granted
643 relief from the automated database of persons who are prohibited
644 from purchasing a firearm based on court records of
645 adjudications of mental defectiveness or commitments to mental
646 institutions.
647 f. The department is authorized to disclose data collected
648 pursuant to this subparagraph to agencies of the Federal
649 Government and other states for use exclusively in determining
650 the lawfulness of a firearm sale or transfer. The department is
651 also authorized to disclose this data to the Department of
652 Agriculture and Consumer Services for purposes of determining
653 eligibility for issuance of a concealed weapons or concealed
654 firearms license and for determining whether a basis exists for
655 revoking or suspending a previously issued license pursuant to
656 s. 790.06(10). When a potential buyer or transferee appeals a
657 nonapproval based on these records, the clerks of court and
658 mental institutions shall, upon request by the department,
659 provide information to help determine whether the potential
660 buyer or transferee is the same person as the subject of the
661 record. Photographs and any other data that could confirm or
662 negate identity must be made available to the department for
663 such purposes, notwithstanding any other provision of state law
664 to the contrary. Any such information that is made confidential
665 or exempt from disclosure by law shall retain such confidential
666 or exempt status when transferred to the department.
667 Section 12. Paragraph (a) of subsection (5) of section
668 910.035, Florida Statutes, is amended to read:
669 910.035 Transfer from county for plea, sentence, or
670 participation in a problem-solving court.—
671 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
672 (a) For purposes of this subsection, the term “problem
673 solving court” means a drug court pursuant to s. 948.01, s.
674 948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
675 and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
676 s. 948.16, or s. 948.21; or a mental health court program
677 pursuant to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s.
678 948.16; or a delinquency pretrial intervention court program
679 pursuant to s. 985.345.
680 Section 13. Section 916.185, Florida Statutes, is created
681 to read:
682 916.185 Forensic Hospital Diversion Pilot Program.—
683 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
684 that many jail inmates who have serious mental illnesses and who
685 are committed to state forensic mental health treatment
686 facilities for restoration of competency to proceed could be
687 served more effectively and at less cost in community-based
688 alternative programs. The Legislature further finds that many
689 people who have serious mental illnesses and who have been
690 discharged from state forensic mental health treatment
691 facilities could avoid returning to the criminal justice and
692 forensic mental health systems if they received specialized
693 treatment in the community. Therefore, it is the intent of the
694 Legislature to create the Forensic Hospital Diversion Pilot
695 Program to serve offenders who have mental illnesses or co
696 occurring mental illnesses and substance use disorders and who
697 are involved in or at risk of entering state forensic mental
698 health treatment facilities, prisons, jails, or state civil
699 mental health treatment facilities.
700 (2) DEFINITIONS.—As used in this section, the term:
701 (a) “Best practices” means treatment services that
702 incorporate the most effective and acceptable interventions
703 available in the care and treatment of offenders who are
704 diagnosed as having mental illnesses or co-occurring mental
705 illnesses and substance use disorders.
706 (b) “Community forensic system” means the community mental
707 health and substance use forensic treatment system, including
708 the comprehensive set of services and supports provided to
709 offenders involved in or at risk of becoming involved in the
710 criminal justice system.
711 (c) “Evidence-based practices” means interventions and
712 strategies that, based on the best available empirical research,
713 demonstrate effective and efficient outcomes in the care and
714 treatment of offenders who are diagnosed as having mental
715 illnesses or co-occurring mental illnesses and substance use
716 disorders.
717 (3) CREATION.—There is authorized a Forensic Hospital
718 Diversion Pilot Program to provide competency-restoration and
719 community-reintegration services in either a locked residential
720 treatment facility when appropriate or a community-based
721 facility based on considerations of public safety, the needs of
722 the individual, and available resources.
723 (a) The department may implement a Forensic Hospital
724 Diversion Pilot Program modeled after the Miami-Dade Forensic
725 Alternative Center, taking into account local needs and
726 resources in Duval County, in conjunction with the Fourth
727 Judicial Circuit in Duval County; in Broward County, in
728 conjunction with the Seventeenth Judicial Circuit in Broward
729 County; and in Miami-Dade County, in conjunction with the
730 Eleventh Judicial Circuit in Miami-Dade County.
731 (b) If the department elects to create and implement the
732 program, the department shall include a comprehensive continuum
733 of care and services that use evidence-based practices and best
734 practices to treat offenders who have mental health and co
735 occurring substance use disorders.
736 (c) The department and the corresponding judicial circuits
737 may implement this section if existing resources are available
738 to do so on a recurring basis. The department may request budget
739 amendments pursuant to chapter 216 to realign funds between
740 mental health services and community substance abuse and mental
741 health services in order to implement this pilot program.
742 (4) ELIGIBILITY.—Participation in the Forensic Hospital
743 Diversion Pilot Program is limited to offenders who:
744 (a) Are 18 years of age or older.
745 (b) Are charged with a felony of the second degree or a
746 felony of the third degree.
747 (c) Do not have a significant history of violent criminal
748 offenses.
749 (d) Are adjudicated incompetent to proceed to trial or not
750 guilty by reason of insanity pursuant to this part.
751 (e) Meet public safety and treatment criteria established
752 by the department for placement in a community setting.
753 (f) Otherwise would be admitted to a state mental health
754 treatment facility.
755 (5) TRAINING.—The Legislature encourages the Florida
756 Supreme Court, in consultation and cooperation with the Florida
757 Supreme Court Task Force on Substance Abuse and Mental Health
758 Issues in the Courts, to develop educational training for judges
759 in the pilot program areas which focuses on the community
760 forensic system.
761 (6) RULEMAKING.—The department may adopt rules to
762 administer this section.
763 Section 14. Subsections (6) through (13) of section
764 948.001, Florida Statutes, are renumbered as subsections (7)
765 through (14), respectively, and a new subsection (6) is added to
766 that section, to read:
767 948.001 Definitions.—As used in this chapter, the term:
768 (6) “Mental health probation” means a form of specialized
769 supervision that emphasizes mental health treatment and working
770 with treatment providers to focus on underlying mental health
771 disorders and compliance with a prescribed psychotropic
772 medication regimen in accordance with individualized treatment
773 plans. Mental health probation shall be supervised by officers
774 with restricted caseloads who are sensitive to the unique needs
775 of individuals with mental health disorders, and who will work
776 in tandem with community mental health case managers assigned to
777 the defendant. Caseloads of such officers should be restricted
778 to a maximum of 50 cases per officer in order to ensure an
779 adequate level of staffing and supervision.
780 Section 15. Subsection (8) is added to section 948.01,
781 Florida Statutes, to read:
782 948.01 When court may place defendant on probation or into
783 community control.—
784 (8)(a) Notwithstanding s. 921.0024 and effective for
785 offenses committed on or after July 1, 2016, the sentencing
786 court may place the defendant into a postadjudicatory mental
787 health court program if the offense is a nonviolent felony, the
788 defendant is amenable to mental health treatment, including
789 taking prescribed medications, and the defendant is otherwise
790 qualified under s. 394.47892(4). The satisfactory completion of
791 the program must be a condition of the defendant’s probation or
792 community control. As used in this subsection, the term
793 “nonviolent felony” means a third degree felony violation under
794 chapter 810 or any other felony offense that is not a forcible
795 felony as defined in s. 776.08. Defendants charged with
796 resisting an officer with violence under s. 843.01, battery on a
797 law enforcement officer under s. 784.07, or aggravated assault
798 may participate in the mental health court program if the court
799 so orders after the victim is given his or her right to provide
800 testimony or written statement to the court as provided in s.
801 921.143.
802 (b) The defendant must be fully advised of the purpose of
803 the mental health court program and the defendant must agree to
804 enter the program. The original sentencing court shall
805 relinquish jurisdiction of the defendant’s case to the
806 postadjudicatory mental health court program until the defendant
807 is no longer active in the program, the case is returned to the
808 sentencing court due to the defendant’s termination from the
809 program for failure to comply with the terms thereof, or the
810 defendant’s sentence is completed.
811 (c) The Department of Corrections may establish designated
812 and trained mental health probation officers to support
813 individuals under supervision of the mental health court
814 program.
815 Section 16. Paragraph (j) is added to subsection (2) of
816 section 948.06, Florida Statutes, to read:
817 948.06 Violation of probation or community control;
818 revocation; modification; continuance; failure to pay
819 restitution or cost of supervision.—
820 (2)
821 (j)1. Notwithstanding s. 921.0024 and effective for
822 offenses committed on or after July 1, 2016, the court may order
823 the offender to successfully complete a postadjudicatory mental
824 health court program under s. 394.47892 or a military veterans
825 and servicemembers court program under s. 394.47891 if:
826 a. The court finds or the offender admits that the offender
827 has violated his or her community control or probation;
828 b. The underlying offense is a nonviolent felony. As used
829 in this subsection, the term “nonviolent felony” means a third
830 degree felony violation under chapter 810 or any other felony
831 offense that is not a forcible felony as defined in s. 776.08.
832 Offenders charged with resisting an officer with violence under
833 s. 843.01, battery on a law enforcement officer under s. 784.07,
834 or aggravated assault may participate in the mental health court
835 program if the court so orders after the victim is given his or
836 her right to provide testimony or written statement to the court
837 as provided in s. 921.143;
838 c. The court determines that the offender is amenable to
839 the services of a postadjudicatory mental health court program,
840 including taking prescribed medications, or a military veterans
841 and servicemembers court program;
842 d. The court explains the purpose of the program to the
843 offender and the offender agrees to participate; and
844 e. The offender is otherwise qualified to participate in a
845 postadjudicatory mental health court program under s.
846 394.47892(4) or a military veterans and servicemembers court
847 program under s. 394.47891.
848 2. After the court orders the modification of community
849 control or probation, the original sentencing court shall
850 relinquish jurisdiction of the offender’s case to the
851 postadjudicatory mental health court program until the offender
852 is no longer active in the program, the case is returned to the
853 sentencing court due to the offender’s termination from the
854 program for failure to comply with the terms thereof, or the
855 offender’s sentence is completed.
856 Section 17. Subsection (8) of section 948.08, Florida
857 Statutes, is renumbered as subsection (9), paragraph (a) of
858 subsection (7) is amended, and a new subsection (8) is added to
859 that section, to read:
860 948.08 Pretrial intervention program.—
861 (7)(a) Notwithstanding any provision of this section, a
862 person who is charged with a felony, other than a felony listed
863 in s. 948.06(8)(c), and identified as a veteran, as defined in
864 s. 1.01, including a veteran who is discharged or released under
865 a general discharge, or servicemember, as defined in s. 250.01,
866 who suffers from a military service-related mental illness,
867 traumatic brain injury, substance abuse disorder, or
868 psychological problem, is eligible for voluntary admission into
869 a pretrial veterans’ treatment intervention program approved by
870 the chief judge of the circuit, upon motion of either party or
871 the court’s own motion, except:
872 1. If a defendant was previously offered admission to a
873 pretrial veterans’ treatment intervention program at any time
874 before trial and the defendant rejected that offer on the
875 record, the court may deny the defendant’s admission to such a
876 program.
877 2. If a defendant previously entered a court-ordered
878 veterans’ treatment program, the court may deny the defendant’s
879 admission into the pretrial veterans’ treatment program.
880 (8)(a) Notwithstanding any provision of this section, a
881 defendant is eligible for voluntary admission into a pretrial
882 mental health court program established pursuant to s. 394.47892
883 and approved by the chief judge of the circuit for a period to
884 be determined by the court, based on the clinical needs of the
885 defendant, upon motion of either party or the court’s own motion
886 if:
887 1. The defendant is identified as having a mental illness;
888 2. The defendant has not been convicted of a felony; and
889 3. The defendant is charged with:
890 a. A nonviolent felony that includes a third degree felony
891 violation of chapter 810 or any other felony offense that is not
892 a forcible felony as defined in s. 776.08;
893 b. Resisting an officer with violence under s. 843.01, if
894 the law enforcement officer and state attorney consent to the
895 defendant’s participation;
896 c. Battery on a law enforcement officer under s. 784.07, if
897 the law enforcement officer and state attorney consent to the
898 defendant’s participation; or
899 d. Aggravated assault, if the victim and state attorney
900 consent to the defendant’s participation.
901 (b) At the end of the pretrial intervention period, the
902 court shall consider the recommendation of the program
903 administrator and the recommendation of the state attorney as to
904 disposition of the pending charges. The court shall determine,
905 by written finding, whether the defendant has successfully
906 completed the pretrial intervention program. If the court finds
907 that the defendant has not successfully completed the pretrial
908 intervention program, the court may order the person to continue
909 in education and treatment, which may include a mental health
910 program offered by a licensed service provider, as defined in s.
911 394.455, or order that the charges revert to normal channels for
912 prosecution. The court shall dismiss the charges upon a finding
913 that the defendant has successfully completed the pretrial
914 intervention program.
915 Section 18. Subsections (3) and (4) of section 948.16,
916 Florida Statutes, are renumbered as subsections (4) and (5),
917 respectively, paragraph (a) of subsection (2) and present
918 subsection (4) of that section are amended, and a new subsection
919 (3) is added to that section, to read:
920 948.16 Misdemeanor pretrial substance abuse education and
921 treatment intervention program; misdemeanor pretrial veterans’
922 treatment intervention program; misdemeanor pretrial mental
923 health court program.—
924 (2)(a) A veteran, as defined in s. 1.01, including a
925 veteran who is discharged or released under a general discharge,
926 or servicemember, as defined in s. 250.01, who suffers from a
927 military service-related mental illness, traumatic brain injury,
928 substance abuse disorder, or psychological problem, and who is
929 charged with a misdemeanor is eligible for voluntary admission
930 into a misdemeanor pretrial veterans’ treatment intervention
931 program approved by the chief judge of the circuit, for a period
932 based on the program’s requirements and the treatment plan for
933 the offender, upon motion of either party or the court’s own
934 motion. However, the court may deny the defendant admission into
935 a misdemeanor pretrial veterans’ treatment intervention program
936 if the defendant has previously entered a court-ordered
937 veterans’ treatment program.
938 (3) A defendant who is charged with a misdemeanor and
939 identified as having a mental illness is eligible for voluntary
940 admission into a misdemeanor pretrial mental health court
941 program established pursuant to s. 394.47892, approved by the
942 chief judge of the circuit, for a period to be determined by the
943 court, based on the clinical needs of the defendant, upon motion
944 of either party or the court’s own motion.
945 (5)(4) Any public or private entity providing a pretrial
946 substance abuse education and treatment program or mental health
947 court program under this section shall contract with the county
948 or appropriate governmental entity. The terms of the contract
949 shall include, but not be limited to, the requirements
950 established for private entities under s. 948.15(3). This
951 requirement does not apply to services provided by the
952 Department of Veterans’ Affairs or the United States Department
953 of Veterans Affairs.
954 Section 19. Section 948.21, Florida Statutes, is amended to
955 read:
956 948.21 Condition of probation or community control;
957 military servicemembers and veterans.—
958 (1) Effective for a probationer or community controllee
959 whose crime is was committed on or after July 1, 2012, and who
960 is a veteran, as defined in s. 1.01, or servicemember, as
961 defined in s. 250.01, who suffers from a military service
962 related mental illness, traumatic brain injury, substance abuse
963 disorder, or psychological problem, the court may, in addition
964 to any other conditions imposed, impose a condition requiring
965 the probationer or community controllee to participate in a
966 treatment program capable of treating the probationer’s
967 probationer or community controllee’s mental illness, traumatic
968 brain injury, substance abuse disorder, or psychological
969 problem.
970 (2) Effective for a probationer or community controllee
971 whose crime is committed on or after July 1, 2016, and who is a
972 veteran, as defined in s. 1.01, including a veteran who is
973 discharged or released under a general discharge, or
974 servicemember, as defined in s. 250.01, who suffers from a
975 military service-related mental illness, traumatic brain injury,
976 substance abuse disorder, or psychological problem, the court
977 may, in addition to any other conditions imposed, impose a
978 condition requiring the probationer or community controllee to
979 participate in a treatment program capable of treating the
980 probationer or community controllee’s mental illness, traumatic
981 brain injury, substance abuse disorder, or psychological
982 problem.
983 (3) The court shall give preference to treatment programs
984 for which the probationer or community controllee is eligible
985 through the United States Department of Veterans Affairs or the
986 Florida Department of Veterans’ Affairs. The Department of
987 Corrections is not required to spend state funds to implement
988 this section.
989 Section 20. Section 985.345, Florida Statutes, is amended
990 to read:
991 985.345 Delinquency pretrial intervention programs
992 program.—
993 (1)(a) Notwithstanding any other provision of law to the
994 contrary, a child who is charged with a felony of the second or
995 third degree for purchase or possession of a controlled
996 substance under chapter 893; tampering with evidence;
997 solicitation for purchase of a controlled substance; or
998 obtaining a prescription by fraud, and who has not previously
999 been adjudicated for a felony, is eligible for voluntary
1000 admission into a delinquency pretrial substance abuse education
1001 and treatment intervention program, including a treatment-based
1002 drug court program established pursuant to s. 397.334, approved
1003 by the chief judge or alternative sanctions coordinator of the
1004 circuit to the extent that funded programs are available, for a
1005 period based on the program requirements and the treatment
1006 services that are suitable for the offender, upon motion of
1007 either party or the court’s own motion. However, if the state
1008 attorney believes that the facts and circumstances of the case
1009 suggest the child’s involvement in the dealing and selling of
1010 controlled substances, the court shall hold a preadmission
1011 hearing. If the state attorney establishes by a preponderance of
1012 the evidence at such hearing that the child was involved in the
1013 dealing and selling of controlled substances, the court shall
1014 deny the child’s admission into a delinquency pretrial
1015 intervention program.
1016 (b)(2) While enrolled in a delinquency pretrial
1017 intervention program authorized by this subsection section, a
1018 child is subject to a coordinated strategy developed by a drug
1019 court team under s. 397.334(4). The coordinated strategy may
1020 include a protocol of sanctions that may be imposed upon the
1021 child for noncompliance with program rules. The protocol of
1022 sanctions may include, but is not limited to, placement in a
1023 substance abuse treatment program offered by a licensed service
1024 provider as defined in s. 397.311 or serving a period of secure
1025 detention under this chapter. The coordinated strategy must be
1026 provided in writing to the child before the child agrees to
1027 enter the pretrial treatment-based drug court program or other
1028 pretrial intervention program. A Any child whose charges are
1029 dismissed after successful completion of the treatment-based
1030 drug court program, if otherwise eligible, may have his or her
1031 arrest record and plea of nolo contendere to the dismissed
1032 charges expunged under s. 943.0585.
1033 (c)(3) At the end of the delinquency pretrial intervention
1034 period, the court shall consider the recommendation of the state
1035 attorney and the program administrator as to disposition of the
1036 pending charges. The court shall determine, by written finding,
1037 whether the child has successfully completed the delinquency
1038 pretrial intervention program. Notwithstanding the coordinated
1039 strategy developed by a drug court team pursuant to s.
1040 397.334(4), if the court finds that the child has not
1041 successfully completed the delinquency pretrial intervention
1042 program, the court may order the child to continue in an
1043 education, treatment, or drug testing urine monitoring program
1044 if resources and funding are available or order that the charges
1045 revert to normal channels for prosecution. The court may dismiss
1046 the charges upon a finding that the child has successfully
1047 completed the delinquency pretrial intervention program.
1048 (2)(a) Notwithstanding any other law, a child who has been
1049 identified as having a mental illness and who has not been
1050 previously adjudicated for a felony is eligible for voluntary
1051 admission into a delinquency pretrial mental health court
1052 intervention program, established pursuant to s. 394.47892,
1053 approved by the chief judge of the circuit, for a period to be
1054 determined by the court, based on the clinical needs of the
1055 child, upon motion of either party or the court’s own motion if
1056 the child is charged with:
1057 1. A misdemeanor;
1058 2. A nonviolent felony, as defined in s. 948.01(8);
1059 3. Resisting an officer with violence under s. 843.01, if
1060 the law enforcement officer and state attorney consent to the
1061 child’s participation;
1062 4. Battery on a law enforcement officer under 784.07, if
1063 the law enforcement officer and state attorney consent to the
1064 child’s participation; or
1065 5. Aggravated assault, if the victim and state attorney
1066 consent to the child’s participation.
1067 (b) At the end of the delinquency pretrial mental health
1068 court intervention period, the court shall consider the
1069 recommendation of the state attorney and the program
1070 administrator as to disposition of the pending charges. The
1071 court shall determine, by written finding, whether the child has
1072 successfully completed the program. If the court finds that the
1073 child has not successfully completed the program, the court may
1074 order the child to continue in an education, treatment, or
1075 monitoring program if resources and funding are available or
1076 order that the charges revert to normal channels for
1077 prosecution. The court may dismiss the charges upon a finding
1078 that the child has successfully completed the program.
1079 (c) A child whose charges are dismissed after successful
1080 completion of the delinquency pretrial mental health court
1081 intervention program, if otherwise eligible, may have his or her
1082 criminal history record for such charges expunged under s.
1083 943.0585.
1084 (3)(4) Any entity, whether public or private, providing
1085 pretrial substance abuse education, treatment intervention, drug
1086 testing, or a mental health court and a urine monitoring program
1087 under this section must contract with the county or appropriate
1088 governmental entity, and the terms of the contract must include,
1089 but need not be limited to, the requirements established for
1090 private entities under s. 948.15(3). It is the intent of the
1091 Legislature that public or private entities providing substance
1092 abuse education and treatment intervention programs involve the
1093 active participation of parents, schools, churches, businesses,
1094 law enforcement agencies, and the department or its contract
1095 providers.
1096 Section 21. For the purpose of incorporating the amendments
1097 made by this act to sections 948.01 and 948.06, Florida
1098 Statutes, in references thereto, paragraph (a) of subsection (3)
1099 and subsection (5) of section 397.334, Florida Statutes, are
1100 reenacted to read:
1101 397.334 Treatment-based drug court programs.—
1102 (3)(a) Entry into any postadjudicatory treatment-based drug
1103 court program as a condition of probation or community control
1104 pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
1105 upon the sentencing court’s assessment of the defendant’s
1106 criminal history, substance abuse screening outcome, amenability
1107 to the services of the program, total sentence points, the
1108 recommendation of the state attorney and the victim, if any, and
1109 the defendant’s agreement to enter the program.
1110 (5) Treatment-based drug court programs may include
1111 pretrial intervention programs as provided in ss. 948.08,
1112 948.16, and 985.345, treatment-based drug court programs
1113 authorized in chapter 39, postadjudicatory programs as provided
1114 in ss. 948.01, 948.06, and 948.20, and review of the status of
1115 compliance or noncompliance of sentenced offenders through a
1116 treatment-based drug court program. While enrolled in a
1117 treatment-based drug court program, the participant is subject
1118 to a coordinated strategy developed by a drug court team under
1119 subsection (4). The coordinated strategy may include a protocol
1120 of sanctions that may be imposed upon the participant for
1121 noncompliance with program rules. The protocol of sanctions may
1122 include, but is not limited to, placement in a substance abuse
1123 treatment program offered by a licensed service provider as
1124 defined in s. 397.311 or in a jail-based treatment program or
1125 serving a period of secure detention under chapter 985 if a
1126 child or a period of incarceration within the time limits
1127 established for contempt of court if an adult. The coordinated
1128 strategy must be provided in writing to the participant before
1129 the participant agrees to enter into a treatment-based drug
1130 court program.
1131 Section 22. For the purpose of incorporating the amendment
1132 made by this act to section 948.06, Florida Statutes, in a
1133 reference thereto, paragraph (b) of subsection (2) of section
1134 948.012, Florida Statutes, is reenacted to read:
1135 948.012 Split sentence of probation or community control
1136 and imprisonment.—
1137 (2) The court may also impose a split sentence whereby the
1138 defendant is sentenced to a term of probation which may be
1139 followed by a period of incarceration or, with respect to a
1140 felony, into community control, as follows:
1141 (b) If the offender does not meet the terms and conditions
1142 of probation or community control, the court may revoke, modify,
1143 or continue the probation or community control as provided in s.
1144 948.06. If the probation or community control is revoked, the
1145 court may impose any sentence that it could have imposed at the
1146 time the offender was placed on probation or community control.
1147 The court may not provide credit for time served for any portion
1148 of a probation or community control term toward a subsequent
1149 term of probation or community control. However, the court may
1150 not impose a subsequent term of probation or community control
1151 which, when combined with any amount of time served on preceding
1152 terms of probation or community control for offenses pending
1153 before the court for sentencing, would exceed the maximum
1154 penalty allowable as provided in s. 775.082. Such term of
1155 incarceration shall be served under applicable law or county
1156 ordinance governing service of sentences in state or county
1157 jurisdiction. This paragraph does not prohibit any other
1158 sanction provided by law.
1159 Section 23. This act shall take effect July 1, 2016.
1160
1161 ================= T I T L E A M E N D M E N T ================
1162 And the title is amended as follows:
1163 Delete everything before the enacting clause
1164 and insert:
1165 A bill to be entitled
1166 An act relating to mental health services in the
1167 criminal justice system; amending ss. 39.001, 39.507,
1168 and 39.521, F.S.; conforming provisions to changes
1169 made by the act; amending s. 394.4655, F.S.; defining
1170 the terms “court” and “criminal county court” for
1171 purposes of involuntary outpatient placement;
1172 conforming provisions to changes made by act; amending
1173 ss. 394.4599 and 394.463, F.S.; conforming provisions
1174 to changes made by act; conforming cross-references;
1175 amending s. 394.455 and 394.4615, F.S.; conforming
1176 cross-references; amending s. 394.47891, F.S.;
1177 expanding eligibility for military veterans and
1178 servicemembers court programs; creating s. 394.47892,
1179 F.S.; authorizing the creation of treatment-based
1180 mental health court programs; providing for
1181 eligibility; providing program requirements; providing
1182 for an advisory committee; amending s. 790.065, F.S.;
1183 conforming a provision to changes made by this act;
1184 amending s. 910.035, F.S.; revising the definition of
1185 the term “problem-solving court”; creating s. 916.185,
1186 F.S.; creating the Forensic Hospital Diversion Pilot
1187 Program; providing legislative findings and intent;
1188 providing definitions; authorizing the Department of
1189 Children and Families to implement a Forensic Hospital
1190 Diversion Pilot Program in specified judicial
1191 circuits; authorizing the department to request
1192 specified budget amendments; providing for eligibility
1193 for the program; providing legislative intent
1194 concerning training; authorizing rulemaking; amending
1195 s. 948.001, F.S.; defining the term “mental health
1196 probation”; amending ss. 948.01 and 948.06, F.S.;
1197 authorizing courts to order certain offenders on
1198 probation or community control to postadjudicatory
1199 mental health court programs; amending s. 948.08,
1200 F.S.; expanding eligibility requirements for certain
1201 pretrial intervention programs; providing for
1202 voluntary admission into a pretrial mental health
1203 court program; creating s. 916.185, F.S.; creating the
1204 Forensic Hospital Diversion Pilot Program; providing
1205 legislative findings and intent; providing
1206 definitions; requiring the Department of Children and
1207 Families to implement a Forensic Hospital Diversion
1208 Pilot Program in specified judicial circuits;
1209 providing for eligibility for the program; providing
1210 legislative intent concerning training; authorizing
1211 rulemaking; amending ss. 948.01 and 948.06, F.S.;
1212 providing for courts to order certain defendants on
1213 probation or community control to postadjudicatory
1214 mental health court programs; amending s. 948.08,
1215 F.S.; expanding eligibility requirements for certain
1216 pretrial intervention programs; providing for
1217 voluntary admission into pretrial mental health court
1218 program; amending s. 948.16, F.S.; expanding
1219 eligibility of veterans for a misdemeanor pretrial
1220 veterans’ treatment intervention program; providing
1221 eligibility of misdemeanor defendants for a
1222 misdemeanor pretrial mental health court program;
1223 amending s. 948.21, F.S.; expanding veterans’
1224 eligibility for participating in treatment programs
1225 while on court-ordered probation or community control;
1226 amending s. 985.345, F.S.; authorizing delinquency
1227 pretrial mental health court intervention programs for
1228 certain juvenile offenders; providing for disposition
1229 of pending charges after completion of the program;
1230 authorizing expunction of specified criminal history
1231 records after successful completion of the program;
1232 reenacting s. 397.334(3)(a) and (5), F.S., relating to
1233 treatment-based drug court programs, to incorporate
1234 the amendments made by the act to ss. 948.01 and
1235 948.06, F.S., in references thereto; reenacting s.
1236 948.012(2)(b), F.S., relating to split sentence
1237 probation or community control and imprisonment, to
1238 incorporate the amendment made by the act to s.
1239 948.06, F.S., in a reference thereto; providing an
1240 effective date.