Florida Senate - 2016                       CS for CS for SB 604
       
       
        
       By the Committees on Appropriations; and Judiciary; and Senators
       Diaz de la Portilla, Hutson, and Gaetz
       
       576-04804-16                                           2016604c2
    1                        A bill to be entitled                      
    2         An act relating to mental health services in the
    3         criminal justice system; amending ss. 39.001, 39.507,
    4         and 39.521, F.S.; conforming provisions to changes
    5         made by the act; amending s. 394.4655, F.S.; defining
    6         the terms “court” and “criminal county court” for
    7         purposes of involuntary outpatient placement;
    8         conforming provisions to changes made by act; amending
    9         ss. 394.4599 and 394.463, F.S.; conforming provisions
   10         to changes made by act; conforming cross-references;
   11         amending s. 394.455 and 394.4615, F.S.; conforming
   12         cross-references; amending s. 394.47891, F.S.;
   13         expanding eligibility for military veterans and
   14         servicemembers court programs; creating s. 394.47892,
   15         F.S.; authorizing the creation of treatment-based
   16         mental health court programs; providing for
   17         eligibility; providing program requirements; providing
   18         for an advisory committee; amending s. 790.065, F.S.;
   19         conforming a provision to changes made by this act;
   20         amending s. 910.035, F.S.; revising the definition of
   21         the term “problem-solving court”; creating s. 916.185,
   22         F.S.; creating the Forensic Hospital Diversion Pilot
   23         Program; providing legislative findings and intent;
   24         providing definitions; authorizing the Department of
   25         Children and Families to implement a Forensic Hospital
   26         Diversion Pilot Program in specified judicial
   27         circuits; authorizing the department to request
   28         specified budget amendments; providing for eligibility
   29         for the program; providing legislative intent
   30         concerning training; authorizing rulemaking; amending
   31         s. 948.001, F.S.; defining the term “mental health
   32         probation”; amending ss. 948.01 and 948.06, F.S.;
   33         authorizing courts to order certain offenders on
   34         probation or community control to postadjudicatory
   35         mental health court programs; amending s. 948.08,
   36         F.S.; expanding eligibility requirements for certain
   37         pretrial intervention programs; providing for
   38         voluntary admission into a pretrial mental health
   39         court program; creating s. 916.185, F.S.; creating the
   40         Forensic Hospital Diversion Pilot Program; providing
   41         legislative findings and intent; providing
   42         definitions; requiring the Department of Children and
   43         Families to implement a Forensic Hospital Diversion
   44         Pilot Program in specified judicial circuits;
   45         providing for eligibility for the program; providing
   46         legislative intent concerning training; authorizing
   47         rulemaking; amending ss. 948.01 and 948.06, F.S.;
   48         providing for courts to order certain defendants on
   49         probation or community control to postadjudicatory
   50         mental health court programs; amending s. 948.08,
   51         F.S.; expanding eligibility requirements for certain
   52         pretrial intervention programs; providing for
   53         voluntary admission into pretrial mental health court
   54         program; amending s. 948.16, F.S.; expanding
   55         eligibility of veterans for a misdemeanor pretrial
   56         veterans’ treatment intervention program; providing
   57         eligibility of misdemeanor defendants for a
   58         misdemeanor pretrial mental health court program;
   59         amending s. 948.21, F.S.; expanding veterans’
   60         eligibility for participating in treatment programs
   61         while on court-ordered probation or community control;
   62         amending s. 985.345, F.S.; authorizing delinquency
   63         pretrial mental health court intervention programs for
   64         certain juvenile offenders; providing for disposition
   65         of pending charges after completion of the program;
   66         authorizing expunction of specified criminal history
   67         records after successful completion of the program;
   68         reenacting s. 397.334(3)(a) and (5), F.S., relating to
   69         treatment-based drug court programs, to incorporate
   70         the amendments made by the act to ss. 948.01 and
   71         948.06, F.S., in references thereto; reenacting s.
   72         948.012(2)(b), F.S., relating to split sentence
   73         probation or community control and imprisonment, to
   74         incorporate the amendment made by the act to s.
   75         948.06, F.S., in a reference thereto; providing an
   76         effective date.
   77          
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Subsection (6) of section 39.001, Florida
   81  Statutes, is amended to read:
   82         39.001 Purposes and intent; personnel standards and
   83  screening.—
   84         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
   85         (a) The Legislature recognizes that early referral and
   86  comprehensive treatment can help combat mental illnesses and
   87  substance abuse disorders in families and that treatment is
   88  cost-effective.
   89         (b) The Legislature establishes the following goals for the
   90  state related to mental illness and substance abuse treatment
   91  services in the dependency process:
   92         1. To ensure the safety of children.
   93         2. To prevent and remediate the consequences of mental
   94  illnesses and substance abuse disorders on families involved in
   95  protective supervision or foster care and reduce the occurrences
   96  of mental illnesses and substance abuse disorders, including
   97  alcohol abuse or related disorders, for families who are at risk
   98  of being involved in protective supervision or foster care.
   99         3. To expedite permanency for children and reunify healthy,
  100  intact families, when appropriate.
  101         4. To support families in recovery.
  102         (c) The Legislature finds that children in the care of the
  103  state’s dependency system need appropriate health care services,
  104  that the impact of mental illnesses and substance abuse
  105  disorders on health indicates the need for health care services
  106  to include treatment for mental health and substance abuse
  107  disorders for services to children and parents, where
  108  appropriate, and that it is in the state’s best interest that
  109  such children be provided the services they need to enable them
  110  to become and remain independent of state care. In order to
  111  provide these services, the state’s dependency system must have
  112  the ability to identify and provide appropriate intervention and
  113  treatment for children with personal or family-related mental
  114  illness and substance abuse problems.
  115         (d) It is the intent of the Legislature to encourage the
  116  use of the mental health court program model established under
  117  s. 394.47892 and the drug court program model established under
  118  by s. 397.334 and authorize courts to assess children and
  119  persons who have custody or are requesting custody of children
  120  where good cause is shown to identify and address mental
  121  illnesses and substance abuse disorders problems as the court
  122  deems appropriate at every stage of the dependency process.
  123  Participation in treatment, including a mental health court
  124  program or a treatment-based drug court program, may be required
  125  by the court following adjudication. Participation in assessment
  126  and treatment before prior to adjudication is shall be
  127  voluntary, except as provided in s. 39.407(16).
  128         (e) It is therefore the purpose of the Legislature to
  129  provide authority for the state to contract with mental health
  130  service providers and community substance abuse treatment
  131  providers for the development and operation of specialized
  132  support and overlay services for the dependency system, which
  133  will be fully implemented and used as resources permit.
  134         (f) Participation in a mental health court program or a the
  135  treatment-based drug court program does not divest any public or
  136  private agency of its responsibility for a child or adult, but
  137  is intended to enable these agencies to better meet their needs
  138  through shared responsibility and resources.
  139         Section 2. Subsection (10) of section 39.507, Florida
  140  Statutes, is amended to read:
  141         39.507 Adjudicatory hearings; orders of adjudication.—
  142         (10) After an adjudication of dependency, or a finding of
  143  dependency where adjudication is withheld, the court may order a
  144  person who has custody or is requesting custody of the child to
  145  submit to a mental health or substance abuse disorder assessment
  146  or evaluation. The assessment or evaluation must be administered
  147  by a qualified professional, as defined in s. 397.311. The court
  148  may also require such person to participate in and comply with
  149  treatment and services identified as necessary, including, when
  150  appropriate and available, participation in and compliance with
  151  a mental health court program established under s. 394.47892 or
  152  a treatment-based drug court program established under s.
  153  397.334. In addition to supervision by the department, the
  154  court, including the mental health court program or treatment
  155  based drug court program, may oversee the progress and
  156  compliance with treatment by a person who has custody or is
  157  requesting custody of the child. The court may impose
  158  appropriate available sanctions for noncompliance upon a person
  159  who has custody or is requesting custody of the child or make a
  160  finding of noncompliance for consideration in determining
  161  whether an alternative placement of the child is in the child’s
  162  best interests. Any order entered under this subsection may be
  163  made only upon good cause shown. This subsection does not
  164  authorize placement of a child with a person seeking custody,
  165  other than the parent or legal custodian, who requires mental
  166  health or substance abuse disorder treatment.
  167         Section 3. Paragraph (b) of subsection (1) of section
  168  39.521, Florida Statutes, is amended to read:
  169         39.521 Disposition hearings; powers of disposition.—
  170         (1) A disposition hearing shall be conducted by the court,
  171  if the court finds that the facts alleged in the petition for
  172  dependency were proven in the adjudicatory hearing, or if the
  173  parents or legal custodians have consented to the finding of
  174  dependency or admitted the allegations in the petition, have
  175  failed to appear for the arraignment hearing after proper
  176  notice, or have not been located despite a diligent search
  177  having been conducted.
  178         (b) When any child is adjudicated by a court to be
  179  dependent, the court having jurisdiction of the child has the
  180  power by order to:
  181         1. Require the parent and, when appropriate, the legal
  182  custodian and the child to participate in treatment and services
  183  identified as necessary. The court may require the person who
  184  has custody or who is requesting custody of the child to submit
  185  to a mental health or substance abuse disorder assessment or
  186  evaluation. The assessment or evaluation must be administered by
  187  a qualified professional, as defined in s. 397.311. The court
  188  may also require such person to participate in and comply with
  189  treatment and services identified as necessary, including, when
  190  appropriate and available, participation in and compliance with
  191  a mental health court program established under s. 394.47892 or
  192  a treatment-based drug court program established under s.
  193  397.334. In addition to supervision by the department, the
  194  court, including the mental health court program or the
  195  treatment-based drug court program, may oversee the progress and
  196  compliance with treatment by a person who has custody or is
  197  requesting custody of the child. The court may impose
  198  appropriate available sanctions for noncompliance upon a person
  199  who has custody or is requesting custody of the child or make a
  200  finding of noncompliance for consideration in determining
  201  whether an alternative placement of the child is in the child’s
  202  best interests. Any order entered under this subparagraph may be
  203  made only upon good cause shown. This subparagraph does not
  204  authorize placement of a child with a person seeking custody of
  205  the child, other than the child’s parent or legal custodian, who
  206  requires mental health or substance abuse disorder treatment.
  207         2. Require, if the court deems necessary, the parties to
  208  participate in dependency mediation.
  209         3. Require placement of the child either under the
  210  protective supervision of an authorized agent of the department
  211  in the home of one or both of the child’s parents or in the home
  212  of a relative of the child or another adult approved by the
  213  court, or in the custody of the department. Protective
  214  supervision continues until the court terminates it or until the
  215  child reaches the age of 18, whichever date is first. Protective
  216  supervision shall be terminated by the court whenever the court
  217  determines that permanency has been achieved for the child,
  218  whether with a parent, another relative, or a legal custodian,
  219  and that protective supervision is no longer needed. The
  220  termination of supervision may be with or without retaining
  221  jurisdiction, at the court’s discretion, and shall in either
  222  case be considered a permanency option for the child. The order
  223  terminating supervision by the department shall set forth the
  224  powers of the custodian of the child and shall include the
  225  powers ordinarily granted to a guardian of the person of a minor
  226  unless otherwise specified. Upon the court’s termination of
  227  supervision by the department, no further judicial reviews are
  228  required, so long as permanency has been established for the
  229  child.
  230         Section 4. Subsections (1) through (7) of section 394.4655,
  231  Florida Statutes, are renumbered as subsections (2) through (8),
  232  respectively, paragraph (b) of present subsection (3), paragraph
  233  (b) of present subsection (6), and paragraphs (a) and (c) of
  234  present subsection (7) are amended, and a new subsection (1) is
  235  added to that section, to read:
  236         394.4655 Involuntary outpatient placement.—
  237         (1)DEFINITIONS.—As used in this section, the term:
  238         (a)“Court” means a circuit court or a criminal county
  239  court.
  240         (b)“Criminal county court” means a county court exercising
  241  its original jurisdiction in a misdemeanor case under s. 34.01.
  242         (4)(3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
  243         (b) Each required criterion for involuntary outpatient
  244  placement must be alleged and substantiated in the petition for
  245  involuntary outpatient placement. A copy of the certificate
  246  recommending involuntary outpatient placement completed by a
  247  qualified professional specified in subsection (3) (2) must be
  248  attached to the petition. A copy of the proposed treatment plan
  249  must be attached to the petition. Before the petition is filed,
  250  the service provider shall certify that the services in the
  251  proposed treatment plan are available. If the necessary services
  252  are not available in the patient’s local community to respond to
  253  the person’s individual needs, the petition may not be filed.
  254         (7)(6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
  255         (b)1. If the court concludes that the patient meets the
  256  criteria for involuntary outpatient placement pursuant to
  257  subsection (2) (1), the court shall issue an order for
  258  involuntary outpatient placement. The court order shall be for a
  259  period of up to 6 months. The order must specify the nature and
  260  extent of the patient’s mental illness. The order of the court
  261  and the treatment plan shall be made part of the patient’s
  262  clinical record. The service provider shall discharge a patient
  263  from involuntary outpatient placement when the order expires or
  264  any time the patient no longer meets the criteria for
  265  involuntary placement. Upon discharge, the service provider
  266  shall send a certificate of discharge to the court.
  267         2. The court may not order the department or the service
  268  provider to provide services if the program or service is not
  269  available in the patient’s local community, if there is no space
  270  available in the program or service for the patient, or if
  271  funding is not available for the program or service. A copy of
  272  the order must be sent to the Agency for Health Care
  273  Administration by the service provider within 1 working day
  274  after it is received from the court. After the placement order
  275  is issued, the service provider and the patient may modify
  276  provisions of the treatment plan. For any material modification
  277  of the treatment plan to which the patient or the patient’s
  278  guardian advocate, if appointed, does agree, the service
  279  provider shall send notice of the modification to the court. Any
  280  material modifications of the treatment plan which are contested
  281  by the patient or the patient’s guardian advocate, if appointed,
  282  must be approved or disapproved by the court consistent with
  283  subsection (3) (2).
  284         3. If, in the clinical judgment of a physician, the patient
  285  has failed or has refused to comply with the treatment ordered
  286  by the court, and, in the clinical judgment of the physician,
  287  efforts were made to solicit compliance and the patient may meet
  288  the criteria for involuntary examination, a person may be
  289  brought to a receiving facility pursuant to s. 394.463. If,
  290  after examination, the patient does not meet the criteria for
  291  involuntary inpatient placement pursuant to s. 394.467, the
  292  patient must be discharged from the receiving facility. The
  293  involuntary outpatient placement order shall remain in effect
  294  unless the service provider determines that the patient no
  295  longer meets the criteria for involuntary outpatient placement
  296  or until the order expires. The service provider must determine
  297  whether modifications should be made to the existing treatment
  298  plan and must attempt to continue to engage the patient in
  299  treatment. For any material modification of the treatment plan
  300  to which the patient or the patient’s guardian advocate, if
  301  appointed, does agree, the service provider shall send notice of
  302  the modification to the court. Any material modifications of the
  303  treatment plan which are contested by the patient or the
  304  patient’s guardian advocate, if appointed, must be approved or
  305  disapproved by the court consistent with subsection (3) (2).
  306         (8)(7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
  307  PLACEMENT.—
  308         (a)1. If the person continues to meet the criteria for
  309  involuntary outpatient placement, the service provider shall,
  310  before the expiration of the period during which the treatment
  311  is ordered for the person, file in the circuit court that issued
  312  the order for involuntary outpatient treatment a petition for
  313  continued involuntary outpatient placement.
  314         2. The existing involuntary outpatient placement order
  315  remains in effect until disposition on the petition for
  316  continued involuntary outpatient placement.
  317         3. A certificate shall be attached to the petition which
  318  includes a statement from the person’s physician or clinical
  319  psychologist justifying the request, a brief description of the
  320  patient’s treatment during the time he or she was involuntarily
  321  placed, and an individualized plan of continued treatment.
  322         4. The service provider shall develop the individualized
  323  plan of continued treatment in consultation with the patient or
  324  the patient’s guardian advocate, if appointed. When the petition
  325  has been filed, the clerk of the court shall provide copies of
  326  the certificate and the individualized plan of continued
  327  treatment to the department, the patient, the patient’s guardian
  328  advocate, the state attorney, and the patient’s private counsel
  329  or the public defender.
  330         (c) Hearings on petitions for continued involuntary
  331  outpatient placement shall be before the circuit court that
  332  issued the order for involuntary outpatient treatment. The court
  333  may appoint a master to preside at the hearing. The procedures
  334  for obtaining an order pursuant to this paragraph shall be in
  335  accordance with subsection (7) (6), except that the time period
  336  included in paragraph (2)(e) (1)(e) is not applicable in
  337  determining the appropriateness of additional periods of
  338  involuntary outpatient placement.
  339         Section 5. Paragraph (d) of subsection (2) of section
  340  394.4599, Florida Statutes, is amended to read:
  341         394.4599 Notice.—
  342         (2) INVOLUNTARY ADMISSION.—
  343         (d) The written notice of the filing of the petition for
  344  involuntary placement of an individual being held must contain
  345  the following:
  346         1. Notice that the petition for:
  347         a.Involuntary inpatient treatment pursuant to s. 394.467
  348  has been filed with the circuit court in the county in which the
  349  individual is hospitalized and the address of such court; or
  350         b.Involuntary outpatient treatment pursuant to s. 394.4655
  351  has been filed with the criminal county court, as defined in s.
  352  394.4655(1), or the circuit court, as applicable, in the county
  353  in which the individual is hospitalized and the address of such
  354  court.
  355         2. Notice that the office of the public defender has been
  356  appointed to represent the individual in the proceeding, if the
  357  individual is not otherwise represented by counsel.
  358         3. The date, time, and place of the hearing and the name of
  359  each examining expert and every other person expected to testify
  360  in support of continued detention.
  361         4. Notice that the individual, the individual’s guardian,
  362  guardian advocate, health care surrogate or proxy, or
  363  representative, or the administrator may apply for a change of
  364  venue for the convenience of the parties or witnesses or because
  365  of the condition of the individual.
  366         5. Notice that the individual is entitled to an independent
  367  expert examination and, if the individual cannot afford such an
  368  examination, that the court will provide for one.
  369         Section 6. Paragraphs (g) and (i) of subsection (2) of
  370  section 394.463, Florida Statutes, are amended to read:
  371         394.463 Involuntary examination.—
  372         (2) INVOLUNTARY EXAMINATION.—
  373         (g) A person for whom an involuntary examination has been
  374  initiated who is being evaluated or treated at a hospital for an
  375  emergency medical condition specified in s. 395.002 must be
  376  examined by a receiving facility within 72 hours. The 72-hour
  377  period begins when the patient arrives at the hospital and
  378  ceases when the attending physician documents that the patient
  379  has an emergency medical condition. If the patient is examined
  380  at a hospital providing emergency medical services by a
  381  professional qualified to perform an involuntary examination and
  382  is found as a result of that examination not to meet the
  383  criteria for involuntary outpatient placement pursuant to s.
  384  394.4655(2) 394.4655(1) or involuntary inpatient placement
  385  pursuant to s. 394.467(1), the patient may be offered voluntary
  386  placement, if appropriate, or released directly from the
  387  hospital providing emergency medical services. The finding by
  388  the professional that the patient has been examined and does not
  389  meet the criteria for involuntary inpatient placement or
  390  involuntary outpatient placement must be entered into the
  391  patient’s clinical record. Nothing in this paragraph is intended
  392  to prevent a hospital providing emergency medical services from
  393  appropriately transferring a patient to another hospital prior
  394  to stabilization, provided the requirements of s. 395.1041(3)(c)
  395  have been met.
  396         (i) Within the 72-hour examination period or, if the 72
  397  hours ends on a weekend or holiday, no later than the next
  398  working day thereafter, one of the following actions must be
  399  taken, based on the individual needs of the patient:
  400         1. The patient shall be released, unless he or she is
  401  charged with a crime, in which case the patient shall be
  402  returned to the custody of a law enforcement officer;
  403         2. The patient shall be released, subject to the provisions
  404  of subparagraph 1., for voluntary outpatient treatment;
  405         3. The patient, unless he or she is charged with a crime,
  406  shall be asked to give express and informed consent to placement
  407  as a voluntary patient, and, if such consent is given, the
  408  patient shall be admitted as a voluntary patient; or
  409         4. A petition for involuntary placement shall be filed in
  410  the circuit court if when outpatient or inpatient treatment is
  411  deemed necessary or with the criminal county court, as defined
  412  in s. 394.4655(1), as applicable. If When inpatient treatment is
  413  deemed necessary, the least restrictive treatment consistent
  414  with the optimum improvement of the patient’s condition shall be
  415  made available. When a petition is to be filed for involuntary
  416  outpatient placement, it shall be filed by one of the
  417  petitioners specified in s. 394.4655(4)(a) 394.4655(3)(a). A
  418  petition for involuntary inpatient placement shall be filed by
  419  the facility administrator.
  420         Section 7. Subsection (34) of section 394.455, Florida
  421  Statutes, is amended to read:
  422         394.455 Definitions.—As used in this part, unless the
  423  context clearly requires otherwise, the term:
  424         (34) “Involuntary examination” means an examination
  425  performed under s. 394.463 to determine if an individual
  426  qualifies for involuntary inpatient treatment under s.
  427  394.467(1) or involuntary outpatient treatment under s.
  428  394.4655(2) 394.4655(1).
  429         Section 8. Subsection (3) of section 394.4615, Florida
  430  Statutes, is amended to read:
  431         394.4615 Clinical records; confidentiality.—
  432         (3) Information from the clinical record may be released in
  433  the following circumstances:
  434         (a) When a patient has declared an intention to harm other
  435  persons. When such declaration has been made, the administrator
  436  may authorize the release of sufficient information to provide
  437  adequate warning to the person threatened with harm by the
  438  patient.
  439         (b) When the administrator of the facility or secretary of
  440  the department deems release to a qualified researcher as
  441  defined in administrative rule, an aftercare treatment provider,
  442  or an employee or agent of the department is necessary for
  443  treatment of the patient, maintenance of adequate records,
  444  compilation of treatment data, aftercare planning, or evaluation
  445  of programs.
  446  
  447  For the purpose of determining whether a person meets the
  448  criteria for involuntary outpatient placement or for preparing
  449  the proposed treatment plan pursuant to s. 394.4655, the
  450  clinical record may be released to the state attorney, the
  451  public defender or the patient’s private legal counsel, the
  452  court, and to the appropriate mental health professionals,
  453  including the service provider identified in s. 394.4655(7)(b)2.
  454  394.4655(6)(b)2., in accordance with state and federal law.
  455         Section 9. Section 394.47891, Florida Statutes, is amended
  456  to read:
  457         394.47891 Military veterans and servicemembers court
  458  programs.—The chief judge of each judicial circuit may establish
  459  a Military Veterans and Servicemembers Court Program under which
  460  veterans, as defined in s. 1.01, including veterans who were
  461  discharged or released under a general discharge, and
  462  servicemembers, as defined in s. 250.01, who are charged or
  463  convicted of a criminal offense and who suffer from a military
  464  related mental illness, traumatic brain injury, substance abuse
  465  disorder, or psychological problem can be sentenced in
  466  accordance with chapter 921 in a manner that appropriately
  467  addresses the severity of the mental illness, traumatic brain
  468  injury, substance abuse disorder, or psychological problem
  469  through services tailored to the individual needs of the
  470  participant. Entry into any Military Veterans and Servicemembers
  471  Court Program must be based upon the sentencing court’s
  472  assessment of the defendant’s criminal history, military
  473  service, substance abuse treatment needs, mental health
  474  treatment needs, amenability to the services of the program, the
  475  recommendation of the state attorney and the victim, if any, and
  476  the defendant’s agreement to enter the program.
  477         Section 10. Section 394.47892, Florida Statutes, is created
  478  to read:
  479         394.47892Mental health court programs.—
  480         (1)Each county may fund a mental health court program
  481  under which a defendant in the justice system assessed with a
  482  mental illness shall be processed in such a manner as to
  483  appropriately address the severity of the identified mental
  484  illness through treatment services tailored to the individual
  485  needs of the participant. The Legislature intends to encourage
  486  the department, the Department of Corrections, the Department of
  487  Juvenile Justice, the Department of Health, the Department of
  488  Law Enforcement, the Department of Education, and other such
  489  agencies, local governments, law enforcement agencies,
  490  interested public or private entities, and individuals to
  491  support the creation and establishment of problem-solving court
  492  programs. Participation in a mental health court program does
  493  not relieve a public or private agency of its responsibility for
  494  a child or an adult, but enables such agency to better meet the
  495  child’s or adult’s needs through shared responsibility and
  496  resources.
  497         (2)Mental health court programs may include pretrial
  498  intervention programs as provided in ss. 948.08, 948.16, and
  499  985.345, postadjudicatory mental health court programs as
  500  provided in ss. 948.01 and 948.06, and review of the status of
  501  compliance or noncompliance of sentenced defendants through a
  502  mental health court program.
  503         (3)Entry into a pretrial mental health court program is
  504  voluntary.
  505         (4)(a)Entry into a postadjudicatory mental health court
  506  program as a condition of probation or community control
  507  pursuant to s. 948.01 or s. 948.06 must be based upon the
  508  sentencing court’s assessment of the defendant’s criminal
  509  history, mental health screening outcome, amenability to the
  510  services of the program, and total sentence points; the
  511  recommendation of the state attorney and the victim, if any; and
  512  the defendant’s agreement to enter the program.
  513         (b)A defendant who is sentenced to a postadjudicatory
  514  mental health court program and who, while a mental health court
  515  program participant, is the subject of a violation of probation
  516  or community control under s. 948.06 shall have the violation of
  517  probation or community control heard by the judge presiding over
  518  the postadjudicatory mental health court program. After a
  519  hearing on or admission of the violation, the judge shall
  520  dispose of any such violation as he or she deems appropriate if
  521  the resulting sentence or conditions are lawful.
  522         (5)(a)Contingent upon an annual appropriation by the
  523  Legislature, the state courts system shall establish, at a
  524  minimum, one coordinator position in each mental health court
  525  program to coordinate the responsibilities of the participating
  526  agencies and service providers. Each coordinator shall provide
  527  direct support to the mental health court program by providing
  528  coordination between the multidisciplinary team and the
  529  judiciary, providing case management, monitoring compliance of
  530  the participants in the mental health court program with court
  531  requirements, and managing the collection of data for program
  532  evaluation and accountability.
  533         (b)Each mental health court program shall collect
  534  sufficient client-level data and programmatic information for
  535  purposes of program evaluation. Client-level data includes
  536  primary offenses that resulted in the mental health court
  537  program referral or sentence, treatment compliance, completion
  538  status and reasons for failure to complete, offenses committed
  539  during treatment and the sanctions imposed, frequency of court
  540  appearances, and units of service. Programmatic information
  541  includes referral and screening procedures, eligibility
  542  criteria, type and duration of treatment offered, and
  543  residential treatment resources. The programmatic information
  544  and aggregate data on the number of mental health court program
  545  admissions and terminations by type of termination shall be
  546  reported annually by each mental health court program to the
  547  Office of the State Courts Administrator.
  548         (6)If a county chooses to fund a mental health court
  549  program, the county must secure funding from sources other than
  550  the state for those costs not otherwise assumed by the state
  551  pursuant to s. 29.004. However, this subsection does not
  552  preclude counties from using funds for treatment and other
  553  services provided through state executive branch agencies.
  554  Counties may provide, by interlocal agreement, for the
  555  collective funding of these programs.
  556         (7)The chief judge of each judicial circuit may appoint an
  557  advisory committee for the mental health court program. The
  558  committee shall be composed of the chief judge, or his or her
  559  designee, who shall serve as chair; the judge or judges of the
  560  mental health court program, if not otherwise designated by the
  561  chief judge as his or her designee; the state attorney, or his
  562  or her designee; the public defender, or his or her designee;
  563  the mental health court program coordinator or coordinators;
  564  community representatives; treatment representatives; and any
  565  other persons who the chair deems appropriate.
  566         Section 11. Paragraph (a) of subsection (2) of section
  567  790.065, Florida Statutes, is amended to read:
  568         790.065 Sale and delivery of firearms.—
  569         (2) Upon receipt of a request for a criminal history record
  570  check, the Department of Law Enforcement shall, during the
  571  licensee’s call or by return call, forthwith:
  572         (a) Review any records available to determine if the
  573  potential buyer or transferee:
  574         1. Has been convicted of a felony and is prohibited from
  575  receipt or possession of a firearm pursuant to s. 790.23;
  576         2. Has been convicted of a misdemeanor crime of domestic
  577  violence, and therefore is prohibited from purchasing a firearm;
  578         3. Has had adjudication of guilt withheld or imposition of
  579  sentence suspended on any felony or misdemeanor crime of
  580  domestic violence unless 3 years have elapsed since probation or
  581  any other conditions set by the court have been fulfilled or
  582  expunction has occurred; or
  583         4. Has been adjudicated mentally defective or has been
  584  committed to a mental institution by a court or as provided in
  585  sub-sub-subparagraph b.(II), and as a result is prohibited by
  586  state or federal law from purchasing a firearm.
  587         a. As used in this subparagraph, “adjudicated mentally
  588  defective” means a determination by a court that a person, as a
  589  result of marked subnormal intelligence, or mental illness,
  590  incompetency, condition, or disease, is a danger to himself or
  591  herself or to others or lacks the mental capacity to contract or
  592  manage his or her own affairs. The phrase includes a judicial
  593  finding of incapacity under s. 744.331(6)(a), an acquittal by
  594  reason of insanity of a person charged with a criminal offense,
  595  and a judicial finding that a criminal defendant is not
  596  competent to stand trial.
  597         b. As used in this subparagraph, “committed to a mental
  598  institution” means:
  599         (I) Involuntary commitment, commitment for mental
  600  defectiveness or mental illness, and commitment for substance
  601  abuse. The phrase includes involuntary inpatient placement as
  602  defined in s. 394.467, involuntary outpatient placement as
  603  defined in s. 394.4655, involuntary assessment and stabilization
  604  under s. 397.6818, and involuntary substance abuse treatment
  605  under s. 397.6957, but does not include a person in a mental
  606  institution for observation or discharged from a mental
  607  institution based upon the initial review by the physician or a
  608  voluntary admission to a mental institution; or
  609         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
  610  admission to a mental institution for outpatient or inpatient
  611  treatment of a person who had an involuntary examination under
  612  s. 394.463, where each of the following conditions have been
  613  met:
  614         (A) An examining physician found that the person is an
  615  imminent danger to himself or herself or others.
  616         (B) The examining physician certified that if the person
  617  did not agree to voluntary treatment, a petition for involuntary
  618  outpatient or inpatient treatment would have been filed under s.
  619  394.463(2)(i)4., or the examining physician certified that a
  620  petition was filed and the person subsequently agreed to
  621  voluntary treatment prior to a court hearing on the petition.
  622         (C) Before agreeing to voluntary treatment, the person
  623  received written notice of that finding and certification, and
  624  written notice that as a result of such finding, he or she may
  625  be prohibited from purchasing a firearm, and may not be eligible
  626  to apply for or retain a concealed weapon or firearms license
  627  under s. 790.06 and the person acknowledged such notice in
  628  writing, in substantially the following form:
  629  
  630  “I understand that the doctor who examined me believes I am a
  631  danger to myself or to others. I understand that if I do not
  632  agree to voluntary treatment, a petition will be filed in court
  633  to require me to receive involuntary treatment. I understand
  634  that if that petition is filed, I have the right to contest it.
  635  In the event a petition has been filed, I understand that I can
  636  subsequently agree to voluntary treatment prior to a court
  637  hearing. I understand that by agreeing to voluntary treatment in
  638  either of these situations, I may be prohibited from buying
  639  firearms and from applying for or retaining a concealed weapons
  640  or firearms license until I apply for and receive relief from
  641  that restriction under Florida law.”
  642  
  643         (D) A judge or a magistrate has, pursuant to sub-sub
  644  subparagraph c.(II), reviewed the record of the finding,
  645  certification, notice, and written acknowledgment classifying
  646  the person as an imminent danger to himself or herself or
  647  others, and ordered that such record be submitted to the
  648  department.
  649         c. In order to check for these conditions, the department
  650  shall compile and maintain an automated database of persons who
  651  are prohibited from purchasing a firearm based on court records
  652  of adjudications of mental defectiveness or commitments to
  653  mental institutions.
  654         (I) Except as provided in sub-sub-subparagraph (II), clerks
  655  of court shall submit these records to the department within 1
  656  month after the rendition of the adjudication or commitment.
  657  Reports shall be submitted in an automated format. The reports
  658  must, at a minimum, include the name, along with any known alias
  659  or former name, the sex, and the date of birth of the subject.
  660         (II) For persons committed to a mental institution pursuant
  661  to sub-sub-subparagraph b.(II), within 24 hours after the
  662  person’s agreement to voluntary admission, a record of the
  663  finding, certification, notice, and written acknowledgment must
  664  be filed by the administrator of the receiving or treatment
  665  facility, as defined in s. 394.455, with the clerk of the court
  666  for the county in which the involuntary examination under s.
  667  394.463 occurred. No fee shall be charged for the filing under
  668  this sub-sub-subparagraph. The clerk must present the records to
  669  a judge or magistrate within 24 hours after receipt of the
  670  records. A judge or magistrate is required and has the lawful
  671  authority to review the records ex parte and, if the judge or
  672  magistrate determines that the record supports the classifying
  673  of the person as an imminent danger to himself or herself or
  674  others, to order that the record be submitted to the department.
  675  If a judge or magistrate orders the submittal of the record to
  676  the department, the record must be submitted to the department
  677  within 24 hours.
  678         d. A person who has been adjudicated mentally defective or
  679  committed to a mental institution, as those terms are defined in
  680  this paragraph, may petition the circuit court that made the
  681  adjudication or commitment, or the court that ordered that the
  682  record be submitted to the department pursuant to sub-sub
  683  subparagraph c.(II), for relief from the firearm disabilities
  684  imposed by such adjudication or commitment. A copy of the
  685  petition shall be served on the state attorney for the county in
  686  which the person was adjudicated or committed. The state
  687  attorney may object to and present evidence relevant to the
  688  relief sought by the petition. The hearing on the petition may
  689  be open or closed as the petitioner may choose. The petitioner
  690  may present evidence and subpoena witnesses to appear at the
  691  hearing on the petition. The petitioner may confront and cross
  692  examine witnesses called by the state attorney. A record of the
  693  hearing shall be made by a certified court reporter or by court
  694  approved electronic means. The court shall make written findings
  695  of fact and conclusions of law on the issues before it and issue
  696  a final order. The court shall grant the relief requested in the
  697  petition if the court finds, based on the evidence presented
  698  with respect to the petitioner’s reputation, the petitioner’s
  699  mental health record and, if applicable, criminal history
  700  record, the circumstances surrounding the firearm disability,
  701  and any other evidence in the record, that the petitioner will
  702  not be likely to act in a manner that is dangerous to public
  703  safety and that granting the relief would not be contrary to the
  704  public interest. If the final order denies relief, the
  705  petitioner may not petition again for relief from firearm
  706  disabilities until 1 year after the date of the final order. The
  707  petitioner may seek judicial review of a final order denying
  708  relief in the district court of appeal having jurisdiction over
  709  the court that issued the order. The review shall be conducted
  710  de novo. Relief from a firearm disability granted under this
  711  sub-subparagraph has no effect on the loss of civil rights,
  712  including firearm rights, for any reason other than the
  713  particular adjudication of mental defectiveness or commitment to
  714  a mental institution from which relief is granted.
  715         e. Upon receipt of proper notice of relief from firearm
  716  disabilities granted under sub-subparagraph d., the department
  717  shall delete any mental health record of the person granted
  718  relief from the automated database of persons who are prohibited
  719  from purchasing a firearm based on court records of
  720  adjudications of mental defectiveness or commitments to mental
  721  institutions.
  722         f. The department is authorized to disclose data collected
  723  pursuant to this subparagraph to agencies of the Federal
  724  Government and other states for use exclusively in determining
  725  the lawfulness of a firearm sale or transfer. The department is
  726  also authorized to disclose this data to the Department of
  727  Agriculture and Consumer Services for purposes of determining
  728  eligibility for issuance of a concealed weapons or concealed
  729  firearms license and for determining whether a basis exists for
  730  revoking or suspending a previously issued license pursuant to
  731  s. 790.06(10). When a potential buyer or transferee appeals a
  732  nonapproval based on these records, the clerks of court and
  733  mental institutions shall, upon request by the department,
  734  provide information to help determine whether the potential
  735  buyer or transferee is the same person as the subject of the
  736  record. Photographs and any other data that could confirm or
  737  negate identity must be made available to the department for
  738  such purposes, notwithstanding any other provision of state law
  739  to the contrary. Any such information that is made confidential
  740  or exempt from disclosure by law shall retain such confidential
  741  or exempt status when transferred to the department.
  742         Section 12. Paragraph (a) of subsection (5) of section
  743  910.035, Florida Statutes, is amended to read:
  744         910.035 Transfer from county for plea, sentence, or
  745  participation in a problem-solving court.—
  746         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
  747         (a) For purposes of this subsection, the term “problem
  748  solving court” means a drug court pursuant to s. 948.01, s.
  749  948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
  750  and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
  751  s. 948.16, or s. 948.21; or a mental health court program
  752  pursuant to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s.
  753  948.16; or a delinquency pretrial intervention court program
  754  pursuant to s. 985.345.
  755         Section 13. Section 916.185, Florida Statutes, is created
  756  to read:
  757         916.185Forensic Hospital Diversion Pilot Program.—
  758         (1)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  759  that many jail inmates who have serious mental illnesses and who
  760  are committed to state forensic mental health treatment
  761  facilities for restoration of competency to proceed could be
  762  served more effectively and at less cost in community-based
  763  alternative programs. The Legislature further finds that many
  764  people who have serious mental illnesses and who have been
  765  discharged from state forensic mental health treatment
  766  facilities could avoid returning to the criminal justice and
  767  forensic mental health systems if they received specialized
  768  treatment in the community. Therefore, it is the intent of the
  769  Legislature to create the Forensic Hospital Diversion Pilot
  770  Program to serve offenders who have mental illnesses or co
  771  occurring mental illnesses and substance use disorders and who
  772  are involved in or at risk of entering state forensic mental
  773  health treatment facilities, prisons, jails, or state civil
  774  mental health treatment facilities.
  775         (2)DEFINITIONS.—As used in this section, the term:
  776         (a)“Best practices” means treatment services that
  777  incorporate the most effective and acceptable interventions
  778  available in the care and treatment of offenders who are
  779  diagnosed as having mental illnesses or co-occurring mental
  780  illnesses and substance use disorders.
  781         (b)“Community forensic system” means the community mental
  782  health and substance use forensic treatment system, including
  783  the comprehensive set of services and supports provided to
  784  offenders involved in or at risk of becoming involved in the
  785  criminal justice system.
  786         (c)“Evidence-based practices” means interventions and
  787  strategies that, based on the best available empirical research,
  788  demonstrate effective and efficient outcomes in the care and
  789  treatment of offenders who are diagnosed as having mental
  790  illnesses or co-occurring mental illnesses and substance use
  791  disorders.
  792         (3)CREATION.—There is authorized a Forensic Hospital
  793  Diversion Pilot Program to provide competency-restoration and
  794  community-reintegration services in either a locked residential
  795  treatment facility when appropriate or a community-based
  796  facility based on considerations of public safety, the needs of
  797  the individual, and available resources.
  798         (a)The department may implement a Forensic Hospital
  799  Diversion Pilot Program modeled after the Miami-Dade Forensic
  800  Alternative Center, taking into account local needs and
  801  resources in Duval County, in conjunction with the Fourth
  802  Judicial Circuit in Duval County; in Broward County, in
  803  conjunction with the Seventeenth Judicial Circuit in Broward
  804  County; in Miami-Dade County, in conjunction with the Eleventh
  805  Judicial Circuit in Miami-Dade County; and in Okaloosa County,
  806  in conjunction with the First Judicial Circuit in Okaloosa
  807  County.
  808         (b)If the department elects to create and implement the
  809  program, the department shall include a comprehensive continuum
  810  of care and services that use evidence-based practices and best
  811  practices to treat offenders who have mental health and co
  812  occurring substance use disorders.
  813         (c)The department and the corresponding judicial circuits
  814  may implement this section if existing resources are available
  815  to do so on a recurring basis. The department may request budget
  816  amendments pursuant to chapter 216 to realign funds between
  817  mental health services and community substance abuse and mental
  818  health services in order to implement this pilot program.
  819         (4)ELIGIBILITY.—Participation in the Forensic Hospital
  820  Diversion Pilot Program is limited to offenders who:
  821         (a)Are 18 years of age or older.
  822         (b)Are charged with a felony of the second degree or a
  823  felony of the third degree.
  824         (c)Do not have a significant history of violent criminal
  825  offenses.
  826         (d)Are adjudicated incompetent to proceed to trial or not
  827  guilty by reason of insanity pursuant to this part.
  828         (e)Meet public safety and treatment criteria established
  829  by the department for placement in a community setting.
  830         (f)Otherwise would be admitted to a state mental health
  831  treatment facility.
  832         (5)TRAINING.—The Legislature encourages the Florida
  833  Supreme Court, in consultation and cooperation with the Florida
  834  Supreme Court Task Force on Substance Abuse and Mental Health
  835  Issues in the Courts, to develop educational training for judges
  836  in the pilot program areas which focuses on the community
  837  forensic system.
  838         (6)RULEMAKING.—The department may adopt rules to
  839  administer this section.
  840         Section 14. Subsections (6) through (13) of section
  841  948.001, Florida Statutes, are renumbered as subsections (7)
  842  through (14), respectively, and a new subsection (6) is added to
  843  that section, to read:
  844         948.001 Definitions.—As used in this chapter, the term:
  845         (6)“Mental health probation” means a form of specialized
  846  supervision that emphasizes mental health treatment and working
  847  with treatment providers to focus on underlying mental health
  848  disorders and compliance with a prescribed psychotropic
  849  medication regimen in accordance with individualized treatment
  850  plans. Mental health probation shall be supervised by officers
  851  with restricted caseloads who are sensitive to the unique needs
  852  of individuals with mental health disorders, and who will work
  853  in tandem with community mental health case managers assigned to
  854  the defendant. Caseloads of such officers should be restricted
  855  to a maximum of 50 cases per officer in order to ensure an
  856  adequate level of staffing and supervision.
  857         Section 15. Subsection (8) is added to section 948.01,
  858  Florida Statutes, to read:
  859         948.01 When court may place defendant on probation or into
  860  community control.—
  861         (8)(a)Notwithstanding s. 921.0024 and effective for
  862  offenses committed on or after July 1, 2016, the sentencing
  863  court may place the defendant into a postadjudicatory mental
  864  health court program if the offense is a nonviolent felony, the
  865  defendant is amenable to mental health treatment, including
  866  taking prescribed medications, and the defendant is otherwise
  867  qualified under s. 394.47892(4). The satisfactory completion of
  868  the program must be a condition of the defendant’s probation or
  869  community control. As used in this subsection, the term
  870  “nonviolent felony” means a third degree felony violation under
  871  chapter 810 or any other felony offense that is not a forcible
  872  felony as defined in s. 776.08. Defendants charged with
  873  resisting an officer with violence under s. 843.01, battery on a
  874  law enforcement officer under s. 784.07, or aggravated assault
  875  may participate in the mental health court program if the court
  876  so orders after the victim is given his or her right to provide
  877  testimony or written statement to the court as provided in s.
  878  921.143.
  879         (b)The defendant must be fully advised of the purpose of
  880  the mental health court program and the defendant must agree to
  881  enter the program. The original sentencing court shall
  882  relinquish jurisdiction of the defendant’s case to the
  883  postadjudicatory mental health court program until the defendant
  884  is no longer active in the program, the case is returned to the
  885  sentencing court due to the defendant’s termination from the
  886  program for failure to comply with the terms thereof, or the
  887  defendant’s sentence is completed.
  888         (c)The Department of Corrections may establish designated
  889  and trained mental health probation officers to support
  890  individuals under supervision of the mental health court
  891  program.
  892         Section 16. Paragraph (j) is added to subsection (2) of
  893  section 948.06, Florida Statutes, to read:
  894         948.06 Violation of probation or community control;
  895  revocation; modification; continuance; failure to pay
  896  restitution or cost of supervision.—
  897         (2)
  898         (j)1.Notwithstanding s. 921.0024 and effective for
  899  offenses committed on or after July 1, 2016, the court may order
  900  the offender to successfully complete a postadjudicatory mental
  901  health court program under s. 394.47892 or a military veterans
  902  and servicemembers court program under s. 394.47891 if:
  903         a.The court finds or the offender admits that the offender
  904  has violated his or her community control or probation;
  905         b.The underlying offense is a nonviolent felony. As used
  906  in this subsection, the term “nonviolent felony” means a third
  907  degree felony violation under chapter 810 or any other felony
  908  offense that is not a forcible felony as defined in s. 776.08.
  909  Offenders charged with resisting an officer with violence under
  910  s. 843.01, battery on a law enforcement officer under s. 784.07,
  911  or aggravated assault may participate in the mental health court
  912  program if the court so orders after the victim is given his or
  913  her right to provide testimony or written statement to the court
  914  as provided in s. 921.143;
  915         c.The court determines that the offender is amenable to
  916  the services of a postadjudicatory mental health court program,
  917  including taking prescribed medications, or a military veterans
  918  and servicemembers court program;
  919         d.The court explains the purpose of the program to the
  920  offender and the offender agrees to participate; and
  921         e.The offender is otherwise qualified to participate in a
  922  postadjudicatory mental health court program under s.
  923  394.47892(4) or a military veterans and servicemembers court
  924  program under s. 394.47891.
  925         2.After the court orders the modification of community
  926  control or probation, the original sentencing court shall
  927  relinquish jurisdiction of the offender’s case to the
  928  postadjudicatory mental health court program until the offender
  929  is no longer active in the program, the case is returned to the
  930  sentencing court due to the offender’s termination from the
  931  program for failure to comply with the terms thereof, or the
  932  offender’s sentence is completed.
  933         Section 17. Subsection (8) of section 948.08, Florida
  934  Statutes, is renumbered as subsection (9), paragraph (a) of
  935  subsection (7) is amended, and a new subsection (8) is added to
  936  that section, to read:
  937         948.08 Pretrial intervention program.—
  938         (7)(a) Notwithstanding any provision of this section, a
  939  person who is charged with a felony, other than a felony listed
  940  in s. 948.06(8)(c), and identified as a veteran, as defined in
  941  s. 1.01, including a veteran who is discharged or released under
  942  a general discharge, or servicemember, as defined in s. 250.01,
  943  who suffers from a military service-related mental illness,
  944  traumatic brain injury, substance abuse disorder, or
  945  psychological problem, is eligible for voluntary admission into
  946  a pretrial veterans’ treatment intervention program approved by
  947  the chief judge of the circuit, upon motion of either party or
  948  the court’s own motion, except:
  949         1. If a defendant was previously offered admission to a
  950  pretrial veterans’ treatment intervention program at any time
  951  before trial and the defendant rejected that offer on the
  952  record, the court may deny the defendant’s admission to such a
  953  program.
  954         2. If a defendant previously entered a court-ordered
  955  veterans’ treatment program, the court may deny the defendant’s
  956  admission into the pretrial veterans’ treatment program.
  957         (8)(a)Notwithstanding any provision of this section, a
  958  defendant is eligible for voluntary admission into a pretrial
  959  mental health court program established pursuant to s. 394.47892
  960  and approved by the chief judge of the circuit for a period to
  961  be determined by the court, based on the clinical needs of the
  962  defendant, upon motion of either party or the court’s own motion
  963  if:
  964         1.The defendant is identified as having a mental illness;
  965         2.The defendant has not been convicted of a felony; and
  966         3.The defendant is charged with:
  967         a.A nonviolent felony that includes a third degree felony
  968  violation of chapter 810 or any other felony offense that is not
  969  a forcible felony as defined in s. 776.08;
  970         b.Resisting an officer with violence under s. 843.01, if
  971  the law enforcement officer and state attorney consent to the
  972  defendant’s participation;
  973         c.Battery on a law enforcement officer under s. 784.07, if
  974  the law enforcement officer and state attorney consent to the
  975  defendant’s participation; or
  976         d.Aggravated assault, if the victim and state attorney
  977  consent to the defendant’s participation.
  978         (b)At the end of the pretrial intervention period, the
  979  court shall consider the recommendation of the program
  980  administrator and the recommendation of the state attorney as to
  981  disposition of the pending charges. The court shall determine,
  982  by written finding, whether the defendant has successfully
  983  completed the pretrial intervention program. If the court finds
  984  that the defendant has not successfully completed the pretrial
  985  intervention program, the court may order the person to continue
  986  in education and treatment, which may include a mental health
  987  program offered by a licensed service provider, as defined in s.
  988  394.455, or order that the charges revert to normal channels for
  989  prosecution. The court shall dismiss the charges upon a finding
  990  that the defendant has successfully completed the pretrial
  991  intervention program.
  992         Section 18. Subsections (3) and (4) of section 948.16,
  993  Florida Statutes, are renumbered as subsections (4) and (5),
  994  respectively, paragraph (a) of subsection (2) and present
  995  subsection (4) of that section are amended, and a new subsection
  996  (3) is added to that section, to read:
  997         948.16 Misdemeanor pretrial substance abuse education and
  998  treatment intervention program; misdemeanor pretrial veterans’
  999  treatment intervention program; misdemeanor pretrial mental
 1000  health court program.—
 1001         (2)(a) A veteran, as defined in s. 1.01, including a
 1002  veteran who is discharged or released under a general discharge,
 1003  or servicemember, as defined in s. 250.01, who suffers from a
 1004  military service-related mental illness, traumatic brain injury,
 1005  substance abuse disorder, or psychological problem, and who is
 1006  charged with a misdemeanor is eligible for voluntary admission
 1007  into a misdemeanor pretrial veterans’ treatment intervention
 1008  program approved by the chief judge of the circuit, for a period
 1009  based on the program’s requirements and the treatment plan for
 1010  the offender, upon motion of either party or the court’s own
 1011  motion. However, the court may deny the defendant admission into
 1012  a misdemeanor pretrial veterans’ treatment intervention program
 1013  if the defendant has previously entered a court-ordered
 1014  veterans’ treatment program.
 1015         (3)A defendant who is charged with a misdemeanor and
 1016  identified as having a mental illness is eligible for voluntary
 1017  admission into a misdemeanor pretrial mental health court
 1018  program established pursuant to s. 394.47892, approved by the
 1019  chief judge of the circuit, for a period to be determined by the
 1020  court, based on the clinical needs of the defendant, upon motion
 1021  of either party or the court’s own motion.
 1022         (5)(4) Any public or private entity providing a pretrial
 1023  substance abuse education and treatment program or mental health
 1024  court program under this section shall contract with the county
 1025  or appropriate governmental entity. The terms of the contract
 1026  shall include, but not be limited to, the requirements
 1027  established for private entities under s. 948.15(3). This
 1028  requirement does not apply to services provided by the
 1029  Department of Veterans’ Affairs or the United States Department
 1030  of Veterans Affairs.
 1031         Section 19. Section 948.21, Florida Statutes, is amended to
 1032  read:
 1033         948.21 Condition of probation or community control;
 1034  military servicemembers and veterans.—
 1035         (1) Effective for a probationer or community controllee
 1036  whose crime is was committed on or after July 1, 2012, and who
 1037  is a veteran, as defined in s. 1.01, or servicemember, as
 1038  defined in s. 250.01, who suffers from a military service
 1039  related mental illness, traumatic brain injury, substance abuse
 1040  disorder, or psychological problem, the court may, in addition
 1041  to any other conditions imposed, impose a condition requiring
 1042  the probationer or community controllee to participate in a
 1043  treatment program capable of treating the probationer’s
 1044  probationer or community controllee’s mental illness, traumatic
 1045  brain injury, substance abuse disorder, or psychological
 1046  problem.
 1047         (2)Effective for a probationer or community controllee
 1048  whose crime is committed on or after July 1, 2016, and who is a
 1049  veteran, as defined in s. 1.01, including a veteran who is
 1050  discharged or released under a general discharge, or
 1051  servicemember, as defined in s. 250.01, who suffers from a
 1052  military service-related mental illness, traumatic brain injury,
 1053  substance abuse disorder, or psychological problem, the court
 1054  may, in addition to any other conditions imposed, impose a
 1055  condition requiring the probationer or community controllee to
 1056  participate in a treatment program capable of treating the
 1057  probationer or community controllee’s mental illness, traumatic
 1058  brain injury, substance abuse disorder, or psychological
 1059  problem.
 1060         (3) The court shall give preference to treatment programs
 1061  for which the probationer or community controllee is eligible
 1062  through the United States Department of Veterans Affairs or the
 1063  Florida Department of Veterans’ Affairs. The Department of
 1064  Corrections is not required to spend state funds to implement
 1065  this section.
 1066         Section 20. Section 985.345, Florida Statutes, is amended
 1067  to read:
 1068         985.345 Delinquency pretrial intervention programs
 1069  program.—
 1070         (1)(a) Notwithstanding any other provision of law to the
 1071  contrary, a child who is charged with a felony of the second or
 1072  third degree for purchase or possession of a controlled
 1073  substance under chapter 893; tampering with evidence;
 1074  solicitation for purchase of a controlled substance; or
 1075  obtaining a prescription by fraud, and who has not previously
 1076  been adjudicated for a felony, is eligible for voluntary
 1077  admission into a delinquency pretrial substance abuse education
 1078  and treatment intervention program, including a treatment-based
 1079  drug court program established pursuant to s. 397.334, approved
 1080  by the chief judge or alternative sanctions coordinator of the
 1081  circuit to the extent that funded programs are available, for a
 1082  period based on the program requirements and the treatment
 1083  services that are suitable for the offender, upon motion of
 1084  either party or the court’s own motion. However, if the state
 1085  attorney believes that the facts and circumstances of the case
 1086  suggest the child’s involvement in the dealing and selling of
 1087  controlled substances, the court shall hold a preadmission
 1088  hearing. If the state attorney establishes by a preponderance of
 1089  the evidence at such hearing that the child was involved in the
 1090  dealing and selling of controlled substances, the court shall
 1091  deny the child’s admission into a delinquency pretrial
 1092  intervention program.
 1093         (b)(2) While enrolled in a delinquency pretrial
 1094  intervention program authorized by this subsection section, a
 1095  child is subject to a coordinated strategy developed by a drug
 1096  court team under s. 397.334(4). The coordinated strategy may
 1097  include a protocol of sanctions that may be imposed upon the
 1098  child for noncompliance with program rules. The protocol of
 1099  sanctions may include, but is not limited to, placement in a
 1100  substance abuse treatment program offered by a licensed service
 1101  provider as defined in s. 397.311 or serving a period of secure
 1102  detention under this chapter. The coordinated strategy must be
 1103  provided in writing to the child before the child agrees to
 1104  enter the pretrial treatment-based drug court program or other
 1105  pretrial intervention program. A Any child whose charges are
 1106  dismissed after successful completion of the treatment-based
 1107  drug court program, if otherwise eligible, may have his or her
 1108  arrest record and plea of nolo contendere to the dismissed
 1109  charges expunged under s. 943.0585.
 1110         (c)(3) At the end of the delinquency pretrial intervention
 1111  period, the court shall consider the recommendation of the state
 1112  attorney and the program administrator as to disposition of the
 1113  pending charges. The court shall determine, by written finding,
 1114  whether the child has successfully completed the delinquency
 1115  pretrial intervention program. Notwithstanding the coordinated
 1116  strategy developed by a drug court team pursuant to s.
 1117  397.334(4), if the court finds that the child has not
 1118  successfully completed the delinquency pretrial intervention
 1119  program, the court may order the child to continue in an
 1120  education, treatment, or drug testing urine monitoring program
 1121  if resources and funding are available or order that the charges
 1122  revert to normal channels for prosecution. The court may dismiss
 1123  the charges upon a finding that the child has successfully
 1124  completed the delinquency pretrial intervention program.
 1125         (2)(a)Notwithstanding any other law, a child who has been
 1126  identified as having a mental illness and who has not been
 1127  previously adjudicated for a felony is eligible for voluntary
 1128  admission into a delinquency pretrial mental health court
 1129  intervention program, established pursuant to s. 394.47892,
 1130  approved by the chief judge of the circuit, for a period to be
 1131  determined by the court, based on the clinical needs of the
 1132  child, upon motion of either party or the court’s own motion if
 1133  the child is charged with:
 1134         1.A misdemeanor;
 1135         2.A nonviolent felony, as defined in s. 948.01(8);
 1136         3.Resisting an officer with violence under s. 843.01, if
 1137  the law enforcement officer and state attorney consent to the
 1138  child’s participation;
 1139         4.Battery on a law enforcement officer under 784.07, if
 1140  the law enforcement officer and state attorney consent to the
 1141  child’s participation; or
 1142         5.Aggravated assault, if the victim and state attorney
 1143  consent to the child’s participation.
 1144         (b)At the end of the delinquency pretrial mental health
 1145  court intervention period, the court shall consider the
 1146  recommendation of the state attorney and the program
 1147  administrator as to disposition of the pending charges. The
 1148  court shall determine, by written finding, whether the child has
 1149  successfully completed the program. If the court finds that the
 1150  child has not successfully completed the program, the court may
 1151  order the child to continue in an education, treatment, or
 1152  monitoring program if resources and funding are available or
 1153  order that the charges revert to normal channels for
 1154  prosecution. The court may dismiss the charges upon a finding
 1155  that the child has successfully completed the program.
 1156         (c)A child whose charges are dismissed after successful
 1157  completion of the delinquency pretrial mental health court
 1158  intervention program, if otherwise eligible, may have his or her
 1159  criminal history record for such charges expunged under s.
 1160  943.0585.
 1161         (3)(4) Any entity, whether public or private, providing
 1162  pretrial substance abuse education, treatment intervention, drug
 1163  testing, or a mental health court and a urine monitoring program
 1164  under this section must contract with the county or appropriate
 1165  governmental entity, and the terms of the contract must include,
 1166  but need not be limited to, the requirements established for
 1167  private entities under s. 948.15(3). It is the intent of the
 1168  Legislature that public or private entities providing substance
 1169  abuse education and treatment intervention programs involve the
 1170  active participation of parents, schools, churches, businesses,
 1171  law enforcement agencies, and the department or its contract
 1172  providers.
 1173         Section 21. For the purpose of incorporating the amendments
 1174  made by this act to sections 948.01 and 948.06, Florida
 1175  Statutes, in references thereto, paragraph (a) of subsection (3)
 1176  and subsection (5) of section 397.334, Florida Statutes, are
 1177  reenacted to read:
 1178         397.334 Treatment-based drug court programs.—
 1179         (3)(a) Entry into any postadjudicatory treatment-based drug
 1180  court program as a condition of probation or community control
 1181  pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
 1182  upon the sentencing court’s assessment of the defendant’s
 1183  criminal history, substance abuse screening outcome, amenability
 1184  to the services of the program, total sentence points, the
 1185  recommendation of the state attorney and the victim, if any, and
 1186  the defendant’s agreement to enter the program.
 1187         (5) Treatment-based drug court programs may include
 1188  pretrial intervention programs as provided in ss. 948.08,
 1189  948.16, and 985.345, treatment-based drug court programs
 1190  authorized in chapter 39, postadjudicatory programs as provided
 1191  in ss. 948.01, 948.06, and 948.20, and review of the status of
 1192  compliance or noncompliance of sentenced offenders through a
 1193  treatment-based drug court program. While enrolled in a
 1194  treatment-based drug court program, the participant is subject
 1195  to a coordinated strategy developed by a drug court team under
 1196  subsection (4). The coordinated strategy may include a protocol
 1197  of sanctions that may be imposed upon the participant for
 1198  noncompliance with program rules. The protocol of sanctions may
 1199  include, but is not limited to, placement in a substance abuse
 1200  treatment program offered by a licensed service provider as
 1201  defined in s. 397.311 or in a jail-based treatment program or
 1202  serving a period of secure detention under chapter 985 if a
 1203  child or a period of incarceration within the time limits
 1204  established for contempt of court if an adult. The coordinated
 1205  strategy must be provided in writing to the participant before
 1206  the participant agrees to enter into a treatment-based drug
 1207  court program.
 1208         Section 22. For the purpose of incorporating the amendment
 1209  made by this act to section 948.06, Florida Statutes, in a
 1210  reference thereto, paragraph (b) of subsection (2) of section
 1211  948.012, Florida Statutes, is reenacted to read:
 1212         948.012 Split sentence of probation or community control
 1213  and imprisonment.—
 1214         (2) The court may also impose a split sentence whereby the
 1215  defendant is sentenced to a term of probation which may be
 1216  followed by a period of incarceration or, with respect to a
 1217  felony, into community control, as follows:
 1218         (b) If the offender does not meet the terms and conditions
 1219  of probation or community control, the court may revoke, modify,
 1220  or continue the probation or community control as provided in s.
 1221  948.06. If the probation or community control is revoked, the
 1222  court may impose any sentence that it could have imposed at the
 1223  time the offender was placed on probation or community control.
 1224  The court may not provide credit for time served for any portion
 1225  of a probation or community control term toward a subsequent
 1226  term of probation or community control. However, the court may
 1227  not impose a subsequent term of probation or community control
 1228  which, when combined with any amount of time served on preceding
 1229  terms of probation or community control for offenses pending
 1230  before the court for sentencing, would exceed the maximum
 1231  penalty allowable as provided in s. 775.082. Such term of
 1232  incarceration shall be served under applicable law or county
 1233  ordinance governing service of sentences in state or county
 1234  jurisdiction. This paragraph does not prohibit any other
 1235  sanction provided by law.
 1236         Section 23. This act shall take effect July 1, 2016.