Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1496
       
       
       
       
       
       
                                Ì251488LÎ251488                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/25/2020           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Appropriations Subcommittee on Criminal and Civil Justice (Lee)
       recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 53 - 328
    4  and insert:
    5         (a)“Defendant” means a veteran, a servicemember, a current
    6  or former contractor for the United States Department of
    7  Defense, or a current or former military member of a foreign
    8  allied country, who has been charged with or convicted of a
    9  criminal offense.
   10         (b)“Participant agreement” means the agreement as set
   11  forth in subsection (9) and any specific terms and conditions
   12  applicable to the defendant. The term includes any modifications
   13  made to the agreement under subsection (10).
   14         (c)“Servicemember” means a servicemember as defined in s.
   15  250.01.
   16         (d)“Veteran” means a veteran as defined in s. 1.01(14),
   17  regardless of the discharge or release condition of the veteran.
   18         (e)“Veterans treatment court” means a specialized docket
   19  administered by a court for veterans and servicemembers as set
   20  forth in this section.
   21         (3) AUTHORIZATION.—The chief judge of each judicial circuit
   22  may establish a veterans treatment court.
   23         (4)ADMISSION.—A defendant who meets the eligibility
   24  requirements under subsection (8) may be admitted to a veterans
   25  treatment court at any stage of a criminal proceeding.
   26         (5)RECORD OF POLICIES AND PROCEDURES.—A veterans treatment
   27  court shall create a record of the policies and procedures
   28  adopted to implement subsections (6) and (7).
   29         (6)KEY COMPONENTS OF A VETERANS TREATMENT COURT.—
   30         (a)A veterans treatment court shall adopt policies and
   31  procedures to implement the following key components, including,
   32  but not limited to:
   33         1.Integrating substance abuse and mental health treatment
   34  services and any other related treatment and rehabilitation
   35  services with justice system case processing;
   36         2.Using a nonadversarial approach in which the state
   37  attorney and defense counsel promote public safety while
   38  protecting the due process rights of the defendant;
   39         3.Providing early identification of eligible defendants;
   40         4.Monitoring defendants for abstinence from alcohol and
   41  drugs by frequent testing;
   42         5.Providing ongoing judicial interaction with each
   43  defendant;
   44         6.Monitoring and evaluating the achievement of each
   45  defendant’s program goals; and
   46         7.Forging partnerships among the veterans treatment
   47  courts, the United States Department of Veterans Affairs, the
   48  Florida Department of Veterans’ Affairs, public agencies, and
   49  community-based organizations to generate local support and
   50  enhance the effectiveness of the veterans treatment court.
   51         (b)In adopting policies and procedures under this section,
   52  the court shall consult nationally recognized best practices
   53  related to the key components of veterans treatment courts.
   54         (7)SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS
   55  TREATMENT COURTS.—A veterans treatment court may adopt
   56  supplemental policies and procedures to:
   57         (a)Refer a defendant with a medical need to an appropriate
   58  health care provider or refer a defendant for other appropriate
   59  assistance, including assistance with housing, employment,
   60  nutrition, mentoring, and education.
   61         (b)Otherwise encourage participation in the veterans
   62  treatment court.
   63         (8)ELIGIBILITY.—
   64         (a)A defendant may participate in a veterans treatment
   65  court if:
   66         1.The defendant has a military-related mental health
   67  condition, traumatic brain injury, substance use disorder, or
   68  psychological problem;
   69         2.The defendant voluntarily agrees to the terms of the
   70  participation agreement by signing the agreement; and
   71         3.The defendant’s participation in the veterans treatment
   72  court is in the interests of justice, the defendant, and the
   73  community, as determined by the court.
   74         (b)In making the determination under subparagraph (a)3.,
   75  the court must consider:
   76         1.The nature and circumstances of the offense charged;
   77         2. The recommendation of the state attorney;
   78         3.The special characteristics or circumstances of the
   79  defendant and any victim or alleged victim, including any
   80  recommendation of the victim or alleged victim;
   81         4.The defendant’s criminal history and whether the
   82  defendant previously participated in a veterans treatment court
   83  or similar program;
   84         5.Whether the defendant’s needs exceed the treatment
   85  resources available through the veterans treatment court;
   86         6.The impact on the community of the defendant’s
   87  participation and treatment in the veterans treatment court;
   88         7.Recommendations of any law enforcement agency involved
   89  in investigating or arresting the defendant;
   90         8.If the defendant owes restitution, the likelihood of
   91  payment during the defendant’s participation in the veterans
   92  treatment court;
   93         9.Any mitigating circumstances; and
   94         10.Any other circumstances reasonably related to the
   95  defendant’s case.
   96         (9)PARTICIPANT AGREEMENT.—To participate in a veterans
   97  treatment court, the defendant must sign, and the court must
   98  approve, a participant agreement.
   99         (10)MODIFICATION OR TERMINATION.—If a veterans treatment
  100  court determines after a hearing that a defendant has not
  101  complied with the participant agreement, the court may modify or
  102  revoke the defendant’s participation in the program.
  103         (11)COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans
  104  treatment court determines that a defendant has completed the
  105  requirements of the participant agreement, the court shall
  106  dispose of the charge or charges that served as the basis of
  107  participation in the veterans treatment court in accordance with
  108  the participant agreement and any applicable plea agreement,
  109  court order, or judgment.
  110         (12)LIBERAL CONSTRUCTION.—The provisions of this section
  111  shall be liberally construed.
  112         (13)NO RIGHT TO PARTICIPATE.—This section does not create
  113  a right of a veteran or servicemember to participate in a
  114  veterans treatment court The chief judge of each judicial
  115  circuit may establish a Military Veterans and Servicemembers
  116  Court Program under which veterans, as defined in s. 1.01;
  117  veterans who were discharged or released under any condition;
  118  servicemembers, as defined in s. 250.01; individuals who are
  119  current or former United States Department of Defense
  120  contractors; and individuals who are current or former military
  121  members of a foreign allied country, who are charged or
  122  convicted of a criminal offense, and who suffer from a military
  123  related mental illness, traumatic brain injury, substance abuse
  124  disorder, or psychological problem can be sentenced in
  125  accordance with chapter 921 in a manner that appropriately
  126  addresses the severity of the mental illness, traumatic brain
  127  injury, substance abuse disorder, or psychological problem
  128  through services tailored to the individual needs of the
  129  participant. Entry into any Military Veterans and Servicemembers
  130  Court Program must be based upon the sentencing court’s
  131  assessment of the defendant’s criminal history, military
  132  service, substance abuse treatment needs, mental health
  133  treatment needs, amenability to the services of the program, the
  134  recommendation of the state attorney and the victim, if any, and
  135  the defendant’s agreement to enter the program.
  136         Section 2. Subsection (2) of section 43.51, Florida
  137  Statutes, is amended to read:
  138         43.51 Problem-solving court reports.—
  139         (2) For purposes of this section, the term “problem-solving
  140  court” includes, but is not limited to, a drug court pursuant to
  141  s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s.
  142  948.20; a veterans treatment military veterans’ and
  143  servicemembers’ court pursuant to s. 394.47891, s. 948.08, s.
  144  948.16, or s. 948.21; a mental health court program pursuant to
  145  s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; a
  146  community court pursuant to s. 948.081; or a delinquency
  147  pretrial intervention court program pursuant to s. 985.345.
  148         Section 3. Paragraph (a) of subsection (5) of section
  149  910.035, Florida Statutes, is amended to read:
  150         910.035 Transfer from county for plea, sentence, or
  151  participation in a problem-solving court.—
  152         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
  153         (a) For purposes of this subsection, the term “problem
  154  solving court” means a drug court pursuant to s. 948.01, s.
  155  948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment
  156  military veterans’ and servicemembers’ court pursuant to s.
  157  394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
  158  court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
  159  948.08, or s. 948.16; or a delinquency pretrial intervention
  160  court program pursuant to s. 985.345.
  161         Section 4. Paragraph (k) of subsection (2) of section
  162  948.06, Florida Statutes, is amended to read:
  163         948.06 Violation of probation or community control;
  164  revocation; modification; continuance; failure to pay
  165  restitution or cost of supervision.—
  166         (2)
  167         (k)1. Notwithstanding s. 921.0024 and effective for
  168  offenses committed on or after July 1, 2016, the court may order
  169  the offender to successfully complete a postadjudicatory mental
  170  health court program under s. 394.47892 or a veterans treatment
  171  military veterans and servicemembers court program under s.
  172  394.47891 if:
  173         a. The court finds or the offender admits that the offender
  174  has violated his or her community control or probation;
  175         b. The underlying offense is a nonviolent felony. As used
  176  in this subsection, the term “nonviolent felony” means a third
  177  degree felony violation under chapter 810 or any other felony
  178  offense that is not a forcible felony as defined in s. 776.08.
  179  Offenders charged with resisting an officer with violence under
  180  s. 843.01, battery on a law enforcement officer under s. 784.07,
  181  or aggravated assault may participate in the mental health court
  182  program if the court so orders after the victim is given his or
  183  her right to provide testimony or written statement to the court
  184  as provided in s. 921.143;
  185         c. The court determines that the offender is amenable to
  186  the services of a postadjudicatory mental health court program,
  187  including taking prescribed medications, or a veterans treatment
  188  military veterans and servicemembers court program;
  189         d. The court explains the purpose of the program to the
  190  offender and the offender agrees to participate; and
  191         e. The offender is otherwise qualified to participate in a
  192  postadjudicatory mental health court program under s.
  193  394.47892(4) or a veterans treatment military veterans and
  194  servicemembers court program under s. 394.47891.
  195         2. After the court orders the modification of community
  196  control or probation, the original sentencing court shall
  197  relinquish jurisdiction of the offender’s case to the
  198  postadjudicatory mental health court program until the offender
  199  is no longer active in the program, the case is returned to the
  200  sentencing court due to the offender’s termination from the
  201  program for failure to comply with the terms thereof, or the
  202  offender’s sentence is completed.
  203         Section 5. Paragraph (a) of subsection (7) of section
  204  948.08, Florida Statutes, is amended to read:
  205         948.08 Pretrial intervention program.—
  206         (7)(a) Notwithstanding any provision of this section, a
  207  person who is charged with a felony, other than a felony listed
  208  in s. 948.06(8)(c), and who is identified as a veteran or a
  209  servicemember, as defined in s. 394.47891, and is otherwise
  210  qualified to participate in a veterans treatment court under s.
  211  394.47891 s. 1.01; a veteran who is discharged or released under
  212  any condition; a servicemember, as defined in s. 250.01; an
  213  individual who is a current or former United States Department
  214  of Defense contractor; or an individual who is a current or
  215  former military member of a foreign allied country, who suffers
  216  from a military service-related mental illness, traumatic brain
  217  injury, substance abuse disorder, or psychological problem is
  218  eligible for voluntary admission into a pretrial veterans’
  219  treatment intervention program approved by the chief judge of
  220  the circuit, upon motion of either party or the court’s own
  221  motion, except:
  222         1. If a defendant was previously offered admission to a
  223  pretrial veterans’ treatment intervention program at any time
  224  before trial and the defendant rejected that offer on the
  225  record, the court may deny the defendant’s admission to such a
  226  program.
  227         2. If a defendant previously entered a court-ordered
  228  veterans’ treatment program, the court may deny the defendant’s
  229  admission into the pretrial veterans’ treatment program.
  230         Section 6. Paragraph (a) of subsection (2) of section
  231  948.16, Florida Statutes, is amended to read:
  232         948.16 Misdemeanor pretrial substance abuse education and
  233  treatment intervention program; misdemeanor pretrial veterans’
  234  treatment intervention program; misdemeanor pretrial mental
  235  health court program.—
  236         (2)(a) A veteran or a servicemember, as defined in s.
  237  394.47891, who is otherwise qualified to participate in a
  238  veterans treatment court under that section s. 1.01; a veteran
  239  who is discharged or released under any condition; a
  240  servicemember, as defined in s. 250.01; an individual who is a
  241  current or former United States Department of Defense
  242  contractor; or an individual who is a current or former military
  243  member of a foreign allied country, who suffers from a military
  244  service-related mental illness, traumatic brain injury,
  245  substance abuse disorder, or psychological problem, and who is
  246  charged with a misdemeanor is eligible for voluntary admission
  247  into a misdemeanor pretrial veterans’ treatment intervention
  248  program approved by the chief judge of the circuit, for a period
  249  based on the program’s requirements and the treatment plan for
  250  the offender, upon motion of either party or the court’s own
  251  motion. However, the court may deny the defendant admission into
  252  a misdemeanor pretrial veterans’ treatment intervention program
  253  if the defendant has previously entered a court-ordered
  254  veterans’ treatment program.
  255         Section 7. Present subsection (4) of section 948.21,
  256  Florida Statutes, is renumbered as subsection (5), and a new
  257  subsection (4) is added to that section, to read:
  258         948.21 Condition of probation or community control;
  259  military servicemembers and veterans.—
  260         (4) Effective for a probationer or community controllee
  261  whose crime is committed on or after July 1, 2020, and is a
  262  veteran or a servicemember, as defined in s. 394.47891, who is
  263  otherwise qualified to participate in a veterans treatment court
  264  under s. 394.47891, the court may, in addition to any other
  265  conditions imposed, impose a condition requiring the probationer
  266  or community controllee to participate in a treatment program
  267  capable of treating the probationer or community controllee’s
  268  mental illness, traumatic brain injury, substance use disorder,
  269  or psychological problem.
  270         Section 8. A Military Veterans and Servicemembers Court
  271  Program in operation under s. 394.47891, Florida Statutes, as of
  272  June 30, 2020, may continue to operate, but the provisions of
  273  this act shall apply only prospectively to new cases on and
  274  after the effective date of this act. This act does not