Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 604
       
       
       
       
       
       
                                Ì542820yÎ542820                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/17/2015           .                                
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       The Committee on Judiciary (Diaz de la Portilla) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 86 - 558
    4  and insert:
    5         394.47892 Mental health court programs.—
    6         (1) Each county may fund a mental health court program
    7  under which a defendant in the justice system assessed with a
    8  mental illness shall be processed in such a manner as to
    9  appropriately address the severity of the identified mental
   10  illness through treatment services tailored to the individual
   11  needs of the participant. The Legislature intends to encourage
   12  the department, the Department of Corrections, the Department of
   13  Juvenile Justice, the Department of Health, the Department of
   14  Law Enforcement, the Department of Education, and other such
   15  agencies, local governments, law enforcement agencies,
   16  interested public or private entities, and individuals to
   17  support the creation and establishment of problem-solving court
   18  programs. Participation in a mental health court program does
   19  not relieve a public or private agency of its responsibility for
   20  a child or an adult, but enables such agency to better meet the
   21  child’s or adult’s needs through shared responsibility and
   22  resources.
   23         (2) Mental health court programs may include pretrial
   24  intervention programs as provided in ss. 948.08, 948.16, and
   25  985.345, postadjudicatory mental health court programs as
   26  provided in ss. 948.01 and 948.06, and review of the status of
   27  compliance or noncompliance of sentenced defendants through a
   28  mental health court program.
   29         (3) Entry into a pretrial mental health court program is
   30  voluntary.
   31         (4)(a) Entry into a postadjudicatory mental health court
   32  program as a condition of probation or community control
   33  pursuant to s. 948.01 or s. 948.06 must be based upon the
   34  sentencing court’s assessment of the defendant’s criminal
   35  history, mental health screening outcome, amenability to the
   36  services of the program, and total sentence points; the
   37  recommendation of the state attorney and the victim, if any; and
   38  the defendant’s agreement to enter the program.
   39         (b) A defendant who is sentenced to a postadjudicatory
   40  mental health court program and who, while a mental health court
   41  program participant, is the subject of a violation of probation
   42  or community control under s. 948.06 shall have the violation of
   43  probation or community control heard by the judge presiding over
   44  the postadjudicatory mental health court program. After a
   45  hearing on or admission of the violation, the judge shall
   46  dispose of any such violation as he or she deems appropriate if
   47  the resulting sentence or conditions are lawful.
   48         (5)(a) Contingent upon an annual appropriation by the
   49  Legislature, the state courts system shall establish, at a
   50  minimum, one coordinator position in each mental health court
   51  program to coordinate the responsibilities of the participating
   52  agencies and service providers. Each coordinator shall provide
   53  direct support to the mental health court program by providing
   54  coordination between the multidisciplinary team and the
   55  judiciary, providing case management, monitoring compliance of
   56  the participants in the mental health court program with court
   57  requirements, and managing the collection of data for program
   58  evaluation and accountability.
   59         (b) Each mental health court program shall collect
   60  sufficient client-level data and programmatic information for
   61  purposes of program evaluation. Client-level data include
   62  primary offenses that resulted in the mental health court
   63  program referral or sentence, treatment compliance, completion
   64  status and reasons for failure to complete, offenses committed
   65  during treatment and the sanctions imposed, frequency of court
   66  appearances, and units of service. Programmatic information
   67  includes referral and screening procedures, eligibility
   68  criteria, type and duration of treatment offered, and
   69  residential treatment resources. The programmatic information
   70  and aggregate data on the number of mental health court program
   71  admissions and terminations by type of termination shall be
   72  reported annually by each mental health court program to the
   73  Office of the State Courts Administrator.
   74         (6) If a county chooses to fund a mental health court
   75  program, the county must secure funding from sources other than
   76  the state for those costs not otherwise assumed by the state
   77  pursuant to s. 29.004. However, this subsection does not
   78  preclude counties from using funds for treatment and other
   79  services provided through state executive branch agencies.
   80  Counties may provide, by interlocal agreement, for the
   81  collective funding of these programs.
   82         (7) The chief judge of each judicial circuit may appoint an
   83  advisory committee for the mental health court program. The
   84  committee shall be composed of the chief judge, or his or her
   85  designee, who shall serve as chair; the judge of the mental
   86  health court program, if not otherwise designated by the chief
   87  judge as his or her designee; the state attorney, or his or her
   88  designee; the public defender, or his or her designee; the
   89  mental health court program coordinators; community
   90  representatives; treatment representatives; and any other
   91  persons who the chair deems appropriate.
   92         Section 3. Paragraph (a) of subsection (5) of section
   93  910.035, Florida Statutes, is amended to read:
   94         910.035 Transfer from county for plea, sentence, or
   95  participation in a problem-solving court.—
   96         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
   97         (a) For purposes of this subsection, the term “problem
   98  solving court” means a drug court pursuant to s. 948.01, s.
   99  948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
  100  and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
  101  s. 948.16, or s. 948.21; or a mental health court program
  102  pursuant to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s.
  103  948.16; or a delinquency pretrial intervention court program
  104  pursuant to s. 985.345.
  105         Section 4. Subsection (5) of section 916.106, Florida
  106  Statutes, is amended to read:
  107         916.106 Definitions.—For the purposes of this chapter, the
  108  term:
  109         (5) “Court” means the circuit court and includes a county
  110  court ordering the conditional release of a defendant as
  111  provided in s. 916.17.
  112         Section 5. Subsection (1) of section 916.17, Florida
  113  Statutes, is amended to read:
  114         916.17 Conditional release.—
  115         (1) Except for an inmate currently serving a prison
  116  sentence, the committing court may order a conditional release
  117  of any defendant in lieu of an involuntary commitment to a
  118  facility pursuant to s. 916.13 or s. 916.15 based upon an
  119  approved plan for providing appropriate outpatient care and
  120  treatment. A county court may order the conditional release of a
  121  defendant for purposes of the provision of outpatient care and
  122  treatment only. Upon a recommendation that outpatient treatment
  123  of the defendant is appropriate, a written plan for outpatient
  124  treatment, including recommendations from qualified
  125  professionals, must be filed with the court, with copies to all
  126  parties. Such a plan may also be submitted by the defendant and
  127  filed with the court with copies to all parties. The plan shall
  128  include:
  129         (a) Special provisions for residential care or adequate
  130  supervision of the defendant.
  131         (b) Provisions for outpatient mental health services.
  132         (c) If appropriate, recommendations for auxiliary services
  133  such as vocational training, educational services, or special
  134  medical care.
  135  
  136  In its order of conditional release, the court shall specify the
  137  conditions of release based upon the release plan and shall
  138  direct the appropriate agencies or persons to submit periodic
  139  reports to the court regarding the defendant’s compliance with
  140  the conditions of the release and progress in treatment, with
  141  copies to all parties.
  142         Section 6. Section 916.185, Florida Statutes, is created to
  143  read:
  144         916.185 Forensic Hospital Diversion Pilot Program.—
  145         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  146  that many jail inmates who have serious mental illnesses and who
  147  are committed to state forensic mental health treatment
  148  facilities for restoration of competency to proceed could be
  149  served more effectively and at less cost in community-based
  150  alternative programs. The Legislature further finds that many
  151  people who have serious mental illnesses and who have been
  152  discharged from state forensic mental health treatment
  153  facilities could avoid returning to the criminal justice and
  154  forensic mental health systems if they received specialized
  155  treatment in the community. Therefore, it is the intent of the
  156  Legislature to create the Forensic Hospital Diversion Pilot
  157  Program to serve offenders who have mental illnesses or co
  158  occurring mental illnesses and substance use disorders and who
  159  are involved in or at risk of entering state forensic mental
  160  health treatment facilities, prisons, jails, or state civil
  161  mental health treatment facilities.
  162         (2) DEFINITIONS.—As used in this section, the term:
  163         (a) “Best practices” means treatment services that
  164  incorporate the most effective and acceptable interventions
  165  available in the care and treatment of offenders who are
  166  diagnosed as having mental illnesses or co-occurring mental
  167  illnesses and substance use disorders.
  168         (b) “Community forensic system” means the community mental
  169  health and substance use forensic treatment system, including
  170  the comprehensive set of services and supports provided to
  171  offenders involved in or at risk of becoming involved in the
  172  criminal justice system.
  173         (c) “Evidence-based practices” means interventions and
  174  strategies that, based on the best available empirical research,
  175  demonstrate effective and efficient outcomes in the care and
  176  treatment of offenders who are diagnosed as having mental
  177  illnesses or co-occurring mental illnesses and substance use
  178  disorders.
  179         (3) CREATION.—There is created a Forensic Hospital
  180  Diversion Pilot Program to provide competency-restoration and
  181  community-reintegration services in either a locked residential
  182  treatment facility when appropriate or a community-based
  183  facility based on considerations of public safety, the needs of
  184  the individual, and available resources.
  185         (a) The department may implement a Forensic Hospital
  186  Diversion Pilot Program modeled after the Miami-Dade Forensic
  187  Alternative Center, taking into account local needs and
  188  resources, in Escambia County, in conjunction with the First
  189  Judicial Circuit in Escambia County; in Hillsborough County, in
  190  conjunction with the Thirteenth Judicial Circuit in Hillsborough
  191  County; and in Miami-Dade County, in conjunction with the
  192  Eleventh Judicial Circuit in Miami-Dade County.
  193         (b) If the department elects to create and implement the
  194  program, the department shall include a comprehensive continuum
  195  of care and services that use evidence-based practices and best
  196  practices to treat offenders who have mental health and co
  197  occurring substance use disorders.
  198         (c) The department and the corresponding judicial circuits
  199  may implement this section if existing resources are available
  200  to do so on a recurring basis. The department may request budget
  201  amendments pursuant to chapter 216 to realign funds between
  202  mental health services and community substance abuse and mental
  203  health services in order to implement this pilot program.
  204         (4) ELIGIBILITY.—Participation in the Forensic Hospital
  205  Diversion Pilot Program is limited to offenders who:
  206         (a) Are 18 years of age or older.
  207         (b) Are charged with a felony of the second degree or a
  208  felony of the third degree.
  209         (c) Do not have a significant history of violent criminal
  210  offenses.
  211         (d) Are adjudicated incompetent to proceed to trial or not
  212  guilty by reason of insanity pursuant to this part.
  213         (e) Meet public safety and treatment criteria established
  214  by the department for placement in a community setting.
  215         (f) Otherwise would be admitted to a state mental health
  216  treatment facility.
  217         (5) TRAINING.—The Legislature encourages the Florida
  218  Supreme Court, in consultation and cooperation with the Florida
  219  Supreme Court Task Force on Substance Abuse and Mental Health
  220  Issues in the Courts, to develop educational training for judges
  221  in the pilot program areas which focuses on the community
  222  forensic system.
  223         (6) RULEMAKING.—The department may adopt rules to
  224  administer this section.
  225         Section 7. Present subsections (6) through (13) of section
  226  948.001, Florida Statutes, are renumbered as subsections (7)
  227  through (14), respectively, and new subsection (6) is added to
  228  that section, to read:
  229         948.001 Definitions.—As used in this chapter, the term:
  230         (6) “Mental health probation” means a form of specialized
  231  supervision that emphasizes mental health treatment and working
  232  with treatment providers to focus on the underlying mental
  233  health disorders and compliance with a prescribed psychotropic
  234  medication regimen in accordance with individualized treatment
  235  plans. Mental health probation shall be supervised by officers
  236  with restricted caseloads who are sensitized to the unique needs
  237  of individuals with mental health disorders, and who will work
  238  in tandem with community mental health case managers assigned to
  239  the defendant. Caseloads of such officers should be restricted
  240  to a maximum of 50 cases per officer in order to ensure an
  241  adequate level of staffing and supervision.
  242         Section 8. Subsection (8) is added to section 948.01,
  243  Florida Statutes, to read:
  244         948.01 When court may place defendant on probation or into
  245  community control.—
  246         (8)(a) Notwithstanding s. 921.0024 and effective for
  247  offenses committed on or after July 1, 2016, the sentencing
  248  court may place the defendant into a postadjudicatory mental
  249  health court program if the offense is a nonviolent felony, the
  250  defendant is amenable to mental health treatment, including
  251  taking prescribed medications, and the defendant is otherwise
  252  qualified under s. 394.47892(4). The satisfactory completion of
  253  the program must be a condition of the defendant’s probation or
  254  community control. As used in this subsection, the term
  255  “nonviolent felony” means a third degree felony violation under
  256  chapter 810 or any other felony offense that is not a forcible
  257  felony as defined in s. 776.08. Defendants charged with
  258  resisting an officer with violence under s. 843.01, battery on a
  259  law enforcement officer under s. 784.07, or aggravated assault
  260  may participate in the mental health court program if the court
  261  so orders after the victim is given his or her right to provide
  262  testimony or written statement to the court as provided in s.
  263  921.143.
  264         (b) The defendant must be fully advised of the purpose of
  265  the mental health court program and the defendant must agree to
  266  enter the program. The original sentencing court shall
  267  relinquish jurisdiction of the defendant’s case to the
  268  postadjudicatory mental health court program until the defendant
  269  is no longer active in the program, the case is returned to the
  270  sentencing court due to the defendant’s termination from the
  271  program for failure to comply with the terms thereof, or the
  272  defendant’s sentence is completed.
  273         (c) The Department of Corrections may establish designated
  274  and trained mental health probation officers to support
  275  individuals under supervision of the mental health court
  276  program.
  277         Section 9. Paragraph (j) is added to subsection (2) of
  278  section 948.06, Florida Statutes, to read:
  279         948.06 Violation of probation or community control;
  280  revocation; modification; continuance; failure to pay
  281  restitution or cost of supervision.—
  282         (2)
  283         (j)1. Notwithstanding s. 921.0024 and effective for
  284  offenses committed on or after July 1, 2016, the court may order
  285  the offender to successfully complete a postadjudicatory mental
  286  health court program under s. 394.47892 or a military veterans
  287  and servicemembers court program under s. 394.47891 if:
  288         a. The court finds or the offender admits that the offender
  289  has violated his or her community control or probation;
  290         b. The underlying offense is a nonviolent felony. As used
  291  in this subsection, the term “nonviolent felony” means a third
  292  degree felony violation under chapter 810 or any other felony
  293  offense that is not a forcible felony as defined in s. 776.08.
  294  Offenders charged with resisting an officer with violence under
  295  s. 843.01, battery on a law enforcement officer under s. 784.07,
  296  or aggravated assault may participate in the mental health court
  297  program if the court so orders after the victim is given his or
  298  her right to provide testimony or written statement to the court
  299  as provided in s. 921.143;
  300         c. The court determines that the offender is amenable to
  301  the services of a postadjudicatory mental health court program,
  302  including taking prescribed medications, or a military veterans
  303  and servicemembers court program;
  304         d. The court explains the purpose of the program to the
  305  offender and the offender agrees to participate; and
  306         e. The offender is otherwise qualified to participate in a
  307  postadjudicatory mental health court program under s.
  308  394.47892(4) or a military veterans and servicemembers court
  309  program under s. 394.47891.
  310         2. After the court orders the modification of community
  311  control or probation, the original sentencing court shall
  312  relinquish jurisdiction of the offender’s case to the
  313  postadjudicatory mental health court program until the offender
  314  is no longer active in the program, the case is returned to the
  315  sentencing court due to the offender’s termination from the
  316  program for failure to comply with the terms thereof, or the
  317  offender’s sentence is completed.
  318         Section 10. Present subsection (8) of section 948.08,
  319  Florida Statutes, is renumbered as subsection (9), paragraph (a)
  320  of subsection (7) is amended, and a new subsection (8) is added
  321  to that section, to read:
  322         948.08 Pretrial intervention program.—
  323         (7)(a) Notwithstanding any provision of this section, a
  324  person who is charged with a felony, other than a felony listed
  325  in s. 948.06(8)(c), and identified as a veteran, as defined in
  326  s. 1.01, including a veteran who was discharged or released
  327  under a general discharge, or servicemember, as defined in s.
  328  250.01, who suffers from a military service-related mental
  329  illness, traumatic brain injury, substance abuse disorder, or
  330  psychological problem, is eligible for voluntary admission into
  331  a pretrial veterans’ treatment intervention program approved by
  332  the chief judge of the circuit, upon motion of either party or
  333  the court’s own motion, except:
  334         1. If a defendant was previously offered admission to a
  335  pretrial veterans’ treatment intervention program at any time
  336  before trial and the defendant rejected that offer on the
  337  record, the court may deny the defendant’s admission to such a
  338  program.
  339         2. If a defendant previously entered a court-ordered
  340  veterans’ treatment program, the court may deny the defendant’s
  341  admission into the pretrial veterans’ treatment program.
  342         (8)(a) Notwithstanding any provision of this section, a
  343  defendant is eligible for voluntary admission into a pretrial
  344  mental health court program established pursuant to s. 394.47892
  345  and approved by the chief judge of the circuit for a period to
  346  be determined by the court, based on the clinical needs of the
  347  defendant, upon motion of either party or the court’s own motion
  348  if:
  349         1. The defendant is identified as having a mental illness;
  350         2. The defendant has not been convicted of a felony; and
  351         3. The defendant is charged with:
  352         a. A nonviolent felony that includes a third degree felony
  353  violation of chapter 810 or any other felony offense that is not
  354  a forcible felony as defined in s. 776.08;
  355         b. Resisting an officer with violence under s. 843.01, if
  356  the law enforcement officer and state attorney consent to the
  357  defendant’s participation;
  358         c. Battery on a law enforcement officer under s. 784.07, if
  359  the law enforcement officer and state attorney consent to the
  360  defendant’s participation; or
  361         d. Aggravated assault, if the victim and state attorney
  362  consent to the defendant’s participation.
  363         (b) At the end of the pretrial intervention period, the
  364  court shall consider the recommendation of the program
  365  administrator and the recommendation of the state attorney as to
  366  disposition of the pending charges. The court shall determine,
  367  by written finding, whether the defendant has successfully
  368  completed the pretrial intervention program. If the court finds
  369  that the defendant has not successfully completed the pretrial
  370  intervention program, the court may order the person to continue
  371  in education and treatment, which may include a mental health
  372  program offered by a licensed service provider, as defined in s.
  373  394.455, or order that the charges revert to normal channels for
  374  prosecution. The court shall dismiss the charges upon a finding
  375  that the defendant has successfully completed the pretrial
  376  intervention program.
  377         Section 11. Present subsections (3) and (4) of section
  378  948.16, Florida Statutes, are renumbered as subsections (4) and
  379  (5), respectively, paragraph (a) of subsection (2) and present
  380  subsection (4) of that section are amended, and a new subsection
  381  (3) is added to that section, to read:
  382         948.16 Misdemeanor pretrial substance abuse education and
  383  treatment intervention program; misdemeanor pretrial veterans’
  384  treatment intervention program; misdemeanor pretrial mental
  385  health court program.—
  386         (2)(a) A veteran, as defined in s. 1.01, including a
  387  veteran who was discharged or released under a general
  388  discharge, or servicemember, as defined in s. 250.01, who
  389  suffers from a military service-related mental illness,
  390  traumatic brain injury, substance abuse disorder, or
  391  psychological problem, and who is charged with a misdemeanor is
  392  eligible for voluntary admission into a misdemeanor pretrial
  393  veterans’ treatment intervention program approved by the chief
  394  judge of the circuit, for a period based on the program’s
  395  requirements and the treatment plan for the offender, upon
  396  motion of either party or the court’s own motion. However, the
  397  court may deny the defendant admission into a misdemeanor
  398  pretrial veterans’ treatment intervention program if the
  399  defendant has previously entered a court-ordered veterans’
  400  treatment program.
  401         (3) A defendant who is charged with a misdemeanor and
  402  identified as having a mental illness is eligible for voluntary
  403  admission into a misdemeanor pretrial mental health court
  404  program established pursuant to s. 394.47892, approved by the
  405  chief judge of the circuit, for a period to be determined by the
  406  court, based on the clinical needs of the defendant, upon motion
  407  of either party or the court’s own motion.
  408         (5)(4) Any public or private entity providing a pretrial
  409  substance abuse education and treatment program or mental health
  410  court program under this section shall contract with the county
  411  or appropriate governmental entity. The terms of the contract
  412  shall include, but not be limited to, the requirements
  413  established for private entities under s. 948.15(3). This
  414  requirement does not apply to services provided by the
  415  Department of Veterans’ Affairs or the United States Department
  416  of Veterans Affairs.
  417         Section 12. Section 948.21, Florida Statutes, is amended to
  418  read:
  419         948.21 Condition of probation or community control;
  420  military servicemembers and veterans.—
  421         (1) Effective for a probationer or community controllee
  422  whose crime is was committed on or after July 1, 2012, and who
  423  is a veteran, as defined in s. 1.01, or servicemember, as
  424  defined in s. 250.01, who suffers from a military service
  425  related mental illness, traumatic brain injury, substance abuse
  426  disorder, or psychological problem, the court may, in addition
  427  to any other conditions imposed, impose a condition requiring
  428  the probationer or community controllee to participate in a
  429  treatment program capable of treating the probationer’s
  430  probationer or community controllee’s mental illness, traumatic
  431  brain injury, substance abuse disorder, or psychological
  432  problem.
  433         (2) Effective for a probationer or community controllee
  434  whose crime is committed on or after July 1, 2016, and who is a
  435  veteran, as defined in s. 1.01, including a veteran who was
  436  discharged or released under a general discharge, or
  437  servicemember, as defined in s. 250.01, who suffers from a
  438  military service-related mental illness, traumatic brain injury,
  439  substance abuse disorder, or psychological problem, the court
  440  may, in addition to any other conditions imposed, impose a
  441  condition requiring the probationer or community controllee to
  442  participate in a treatment program capable of treating the
  443  probationer’s or community controllee’s mental illness,
  444  traumatic brain injury, substance abuse disorder, or
  445  psychological problem.
  446         (3) The court shall give preference to treatment programs
  447  for which the probationer or community controllee is eligible
  448  through the United States Department of Veterans Affairs or the
  449  Florida Department of Veterans’ Affairs. The Department of
  450  Corrections is not required to spend state funds to implement
  451  this section.
  452         Section 13. Present subsection (4) of section 985.345,
  453  Florida Statutes, is renumbered as subsection (7) and amended,
  454  and new subsections (4), (5), and (6) are added to that section,
  455  to read:
  456         985.345 Delinquency pretrial intervention program.—
  457         (4) Notwithstanding any other provision of law, a child who
  458  has been identified as having a mental illness and who has not
  459  been previously adjudicated for a felony is eligible for
  460  voluntary admission into a delinquency pretrial mental health
  461  court program, established pursuant to s. 394.47892, approved by
  462  the chief judge of the circuit, for a period to be determined by
  463  the court, based on the clinical needs of the child, upon motion
  464  of either party or the court’s own motion if the child is
  465  charged with:
  466         (a) A misdemeanor;
  467         (b) A nonviolent felony; for purposes of this paragraph,
  468  the term “nonviolent felony” means a third degree felony
  469  violation of chapter 810 or any other felony offense that is not
  470  a forcible felony as defined in s. 776.08;
  471         (c) Resisting an officer with violence under s. 843.01, if
  472  the law enforcement officer and state attorney consent to the
  473  child’s participation;
  474         (d) Battery on a law enforcement officer under s. 784.07,
  475  if the law enforcement officer and state attorney consent to the
  476  child’s participation; or
  477         (e) Aggravated assault, if the victim and state attorney
  478  consent to the child’s participation.
  479         (5) At the end of the delinquency pretrial intervention
  480  period, the court shall consider the recommendation of the state
  481  attorney and the program administrator as to disposition of the
  482  pending charges. The court shall determine, by written finding,
  483  whether the child has successfully completed the delinquency
  484  pretrial intervention program. If the court finds that the child
  485  has not successfully completed the delinquency pretrial
  486  intervention program, the court may order the child to continue
  487  in an education, treatment, or monitoring program if resources
  488  and funding are available or order that the charges revert to
  489  normal channels for prosecution. The court may dismiss the
  490  charges upon a finding that the child has successfully completed
  491  the delinquency pretrial intervention program.
  492         (6) A child whose charges are dismissed after successful
  493  completion of the mental health court program, if otherwise
  494  eligible, may have his or her arrest record and plea of nolo
  495  contendere to the dismissed charges expunged under s. 943.0585.
  496         (7)(4) Any entity, whether public or private, providing
  497  pretrial substance abuse education, treatment intervention, drug
  498  testing, or and a mental health court urine monitoring program
  499  under this
  500  
  501  ================= T I T L E  A M E N D M E N T ================
  502  And the title is amended as follows:
  503         Delete lines 6 - 45
  504  and insert:
  505         F.S.; authorizing the funding for mental health court
  506         programs; providing legislative intent; providing for
  507         eligibility; providing program requirements; providing
  508         requirements for mental health court programs and
  509         counties that participate in the program; requiring
  510         the state courts system to establish at least one
  511         coordinator position in each mental health court
  512         program, contingent upon an annual appropriation;
  513         annually report to the Office of the State Courts
  514         Administrator specified data, programmatic
  515         information, and aggregate data; providing for an
  516         advisory committee; amending s. 910.035, F.S.;
  517         revising the definition of the term “problem-solving
  518         court”; amending s. 916.106, F.S.; redefining the term
  519         “court” to include county courts in certain
  520         circumstances; amending s. 916.17, F.S.; authorizing a
  521         county court to order the conditional release of a
  522         defendant for the provision of outpatient care and
  523         treatment; creating s. 916.185, F.S.; creating the
  524         Forensic Hospital Diversion Pilot Program; providing
  525         legislative findings and intent; providing
  526         definitions; authorizing the Department of Children
  527         and Families to implement a Forensic Hospital
  528         Diversion Pilot Program in specified judicial
  529         circuits; providing for funding; providing for
  530         eligibility for the program; providing legislative
  531         intent concerning training; authorizing rulemaking;
  532         amending s. 948.001, F.S.; defining the term “mental
  533         health probation”; amending ss. 948.01 and 948.06,
  534         F.S.; authorizing courts to order certain offenders on
  535         probation or community control to postadjudicatory
  536         mental health court programs; amending s. 948.08,
  537         F.S.; expanding eligibility requirements for certain
  538         pretrial intervention programs; providing for
  539         voluntary admission into a pretrial mental health
  540         court program; amending s. 948.16, F.S.; expanding
  541         eligibility of veterans for a misdemeanor pretrial
  542         veterans’ treatment intervention program; providing
  543         eligibility of misdemeanor defendants for a
  544         misdemeanor pretrial mental health court program;
  545         amending s. 948.21, F.S.; expanding veterans’
  546         eligibility for participating in treatment programs
  547         while on court-ordered probation or community control;
  548         amending s. 985.345, F.S.; authorizing pretrial mental
  549         health court programs for certain juvenile offenders;
  550         providing for disposition of pending charges after
  551         completion of the pretrial intervention program;
  552         expanding the services for which an entity must enter
  553         into a contract with specified governmental entities
  554         if such entity provides such services; reenacting ss.
  555         394.658(1)(a) and