| 1 | A bill to be entitled |
| 2 | An act relating to military veterans convicted of criminal |
| 3 | offenses; providing a short title; creating s. 921.00242, |
| 4 | F.S.; providing that persons found to have committed |
| 5 | criminal offenses who allege that the offenses resulted |
| 6 | from posttraumatic stress disorder, traumatic brain |
| 7 | injury, substance use disorder, or psychological problems |
| 8 | stemming from service in a combat theater in the United |
| 9 | States military may have a hearing on that issue before |
| 10 | sentencing; providing that defendants found to have |
| 11 | committed offenses due to such causes and who are eligible |
| 12 | for probation or community control may be placed in |
| 13 | treatment programs in certain circumstances; providing for |
| 14 | sentence credit for defendants placed in treatment who |
| 15 | would have otherwise been incarcerated; providing a |
| 16 | preference for treatment programs that have histories of |
| 17 | successfully treating such combat veterans; amending s. |
| 18 | 948.08, F.S.; creating a pretrial veterans' treatment |
| 19 | intervention program; providing requirements for a |
| 20 | defendant to be voluntarily admitted to the pretrial |
| 21 | program; providing certain exceptions to such admission; |
| 22 | providing for the disposition of pending charges after a |
| 23 | defendant's completion of the pretrial intervention |
| 24 | program; providing for the charges to be expunged under |
| 25 | certain circumstances; amending s. 948.16, F.S.; creating |
| 26 | a misdemeanor pretrial veterans' treatment intervention |
| 27 | program; providing requirements for voluntary admission to |
| 28 | the misdemeanor pretrial program; providing for the |
| 29 | misdemeanor charges to be expunged under certain |
| 30 | circumstances; exempting treatment services provided by |
| 31 | the Department of Veterans' Affairs or the United States |
| 32 | Department of Veterans Affairs from certain contract |
| 33 | requirements; providing an effective date. |
| 34 |
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| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
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| 37 | Section 1. This act may be cited as the "T. Patt Maney |
| 38 | Veterans' Treatment Intervention Act." |
| 39 | Section 2. Section 921.00242, Florida Statutes, is created |
| 40 | to read: |
| 41 | 921.00242 Convicted military veterans; posttraumatic |
| 42 | stress disorder, traumatic brain injury, substance use disorder, |
| 43 | or psychological problems from service; treatment services.- |
| 44 | (1) If a circuit or county court finds that a defendant |
| 45 | has committed a criminal offense, the court must hold a |
| 46 | veterans' status hearing before sentencing if the defendant has |
| 47 | alleged that he or she committed the offense as a result of |
| 48 | posttraumatic stress disorder, traumatic brain injury, substance |
| 49 | use disorder, or psychological problems stemming from service in |
| 50 | a combat theater in the United States military. |
| 51 | (2) At a veterans' status hearing conducted as required by |
| 52 | subsection (1), the court shall determine whether the defendant |
| 53 | was a member of the military forces of the United States who |
| 54 | served in a combat theater and assess whether the defendant |
| 55 | suffers from posttraumatic stress disorder, traumatic brain |
| 56 | injury, substance use disorder, or psychological problems as a |
| 57 | result of that service. The defendant shall bear the burden of |
| 58 | proof at the hearing. |
| 59 | (3) If the court concludes that the defendant is a person |
| 60 | described in subsection (2) who is eligible for probation or |
| 61 | community control and the court places the defendant on county |
| 62 | or state probation or into community control, the court may |
| 63 | order the defendant into a local, state, federal, or private |
| 64 | nonprofit treatment program as a condition of probation or |
| 65 | community control if the defendant agrees to participate in the |
| 66 | program and the court determines that an appropriate treatment |
| 67 | program exists. |
| 68 | (4) A defendant who is placed on county or state probation |
| 69 | or into community control and committed to a residential |
| 70 | treatment program under this section shall earn sentence credits |
| 71 | for the actual time he or she serves in the residential |
| 72 | treatment program if the court makes a written finding that it |
| 73 | would otherwise have sentenced the defendant to incarceration |
| 74 | except for the fact that the defendant is a person described in |
| 75 | subsection (2). |
| 76 | (5) In making an order under this section to commit a |
| 77 | defendant to an treatment program, whenever possible the court |
| 78 | shall place the defendant in a treatment program that has a |
| 79 | history of successfully treating combat veterans who suffer from |
| 80 | posttraumatic stress disorder, traumatic brain injury, substance |
| 81 | use disorder, or psychological problems as a result of that |
| 82 | service. The court shall give preference to treatment programs |
| 83 | for which the veteran is eligible through the United States |
| 84 | Department of Veterans Affairs or the Department of Veterans' |
| 85 | Affairs. |
| 86 | Section 3. Present subsection (7) of section 948.08, |
| 87 | Florida Statutes, is renumbered as subsection (8), and a new |
| 88 | subsection (7) is added to that section, to read: |
| 89 | 948.08 Pretrial intervention program.- |
| 90 | (7)(a) A person who is charged with a felony, other than a |
| 91 | felony listed in s. 948.06(8)(c), and identified as a member or |
| 92 | former member of the military forces of the United States who |
| 93 | served in a combat theater and who suffers from posttraumatic |
| 94 | stress disorder, traumatic brain injury, substance use disorder, |
| 95 | or psychological problems as a result of that service is |
| 96 | eligible for voluntary admission into a pretrial veterans' |
| 97 | treatment intervention program approved by the chief judge of |
| 98 | the circuit, upon motion of either party or the court's own |
| 99 | motion, except: |
| 100 | 1. If a defendant was previously offered admission to a |
| 101 | pretrial veterans' treatment intervention program at any time |
| 102 | before trial and the defendant rejected that offer on the |
| 103 | record, the court may deny the defendant's admission to such a |
| 104 | program. |
| 105 | 2. If a defendant previously entered a court-ordered |
| 106 | veterans' treatment program, the court may deny the defendant's |
| 107 | admission into the pretrial veterans' treatment program. |
| 108 | 3. If the state attorney believes that the facts and |
| 109 | circumstances of the case suggest the defendant's involvement in |
| 110 | selling controlled substances, the court shall hold a |
| 111 | preadmission hearing. If the state attorney establishes, by a |
| 112 | preponderance of the evidence at such hearing, that the |
| 113 | defendant was involved in selling controlled substances, the |
| 114 | court shall deny the defendant's admission into a pretrial |
| 115 | intervention program. |
| 116 | (b) While enrolled in a pretrial intervention program |
| 117 | authorized by this subsection, the participant is subject to a |
| 118 | coordinated strategy developed by a veterans' treatment |
| 119 | intervention team. The coordinated strategy should be modeled |
| 120 | after the therapeutic jurisprudence principles and key |
| 121 | components in s. 397.334(4), with treatment specific to the |
| 122 | needs of veterans. The coordinated strategy may include a |
| 123 | protocol of sanctions that may be imposed upon the participant |
| 124 | for noncompliance with program rules. The protocol of sanctions |
| 125 | may include, but is not limited to, placement in a treatment |
| 126 | program offered by a licensed service provider or in a jail- |
| 127 | based treatment program or serving a period of incarceration |
| 128 | within the time limits established for contempt of court. The |
| 129 | coordinated strategy must be provided in writing to the |
| 130 | participant before the participant agrees to enter into a |
| 131 | pretrial veterans' treatment intervention program or other |
| 132 | pretrial intervention program. Any person whose charges are |
| 133 | dismissed after successful completion of the pretrial veterans' |
| 134 | treatment intervention program, if otherwise eligible, may have |
| 135 | his or her arrest record and plea of nolo contendere to the |
| 136 | dismissed charges expunged under s. 943.0585. |
| 137 | (c) At the end of the pretrial intervention period, the |
| 138 | court shall consider the recommendation of the administrator |
| 139 | pursuant to subsection (5) and the recommendation of the state |
| 140 | attorney as to disposition of the pending charges. The court |
| 141 | shall determine, by written finding, whether the defendant has |
| 142 | successfully completed the pretrial intervention program. If the |
| 143 | court finds that the defendant has not successfully completed |
| 144 | the pretrial intervention program, the court may order the |
| 145 | person to continue in education and treatment, which may include |
| 146 | treatment programs offered by licensed service providers or |
| 147 | jail-based treatment programs, or order that the charges revert |
| 148 | to normal channels for prosecution. The court shall dismiss the |
| 149 | charges upon a finding that the defendant has successfully |
| 150 | completed the pretrial intervention program. |
| 151 | Section 4. Section 948.16, Florida Statutes, is amended to |
| 152 | read: |
| 153 | 948.16 Misdemeanor pretrial substance abuse education and |
| 154 | treatment intervention program; misdemeanor pretrial veterans' |
| 155 | treatment intervention program.- |
| 156 | (1)(a) A person who is charged with a misdemeanor for |
| 157 | possession of a controlled substance or drug paraphernalia under |
| 158 | chapter 893, and who has not previously been convicted of a |
| 159 | felony nor been admitted to a pretrial program, is eligible for |
| 160 | voluntary admission into a misdemeanor pretrial substance abuse |
| 161 | education and treatment intervention program, including a |
| 162 | treatment-based drug court program established pursuant to s. |
| 163 | 397.334, approved by the chief judge of the circuit, for a |
| 164 | period based on the program requirements and the treatment plan |
| 165 | for the offender, upon motion of either party or the court's own |
| 166 | motion, except, if the state attorney believes the facts and |
| 167 | circumstances of the case suggest the defendant is involved in |
| 168 | dealing and selling controlled substances, the court shall hold |
| 169 | a preadmission hearing. If the state attorney establishes, by a |
| 170 | preponderance of the evidence at such hearing, that the |
| 171 | defendant was involved in dealing or selling controlled |
| 172 | substances, the court shall deny the defendant's admission into |
| 173 | the pretrial intervention program. |
| 174 | (b) While enrolled in a pretrial intervention program |
| 175 | authorized by this section, the participant is subject to a |
| 176 | coordinated strategy developed by a drug court team under s. |
| 177 | 397.334(4). The coordinated strategy may include a protocol of |
| 178 | sanctions that may be imposed upon the participant for |
| 179 | noncompliance with program rules. The protocol of sanctions may |
| 180 | include, but is not limited to, placement in a substance abuse |
| 181 | treatment program offered by a licensed service provider as |
| 182 | defined in s. 397.311 or in a jail-based treatment program or |
| 183 | serving a period of incarceration within the time limits |
| 184 | established for contempt of court. The coordinated strategy must |
| 185 | be provided in writing to the participant before the participant |
| 186 | agrees to enter into a pretrial treatment-based drug court |
| 187 | program or other pretrial intervention program. Any person whose |
| 188 | charges are dismissed after successful completion of the |
| 189 | treatment-based drug court program, if otherwise eligible, may |
| 190 | have his or her arrest record and plea of nolo contendere to the |
| 191 | dismissed charges expunged under s. 943.0585. |
| 192 | (2)(a) A member or former member of the military forces of |
| 193 | the United States who served in a combat theater and who suffers |
| 194 | from posttraumatic stress disorder, traumatic brain injury, |
| 195 | substance use disorder, or psychological problems as a result of |
| 196 | that service who is charged with a misdemeanor is eligible for |
| 197 | voluntary admission into a misdemeanor pretrial veterans' |
| 198 | treatment intervention program approved by the chief judge of |
| 199 | the circuit, for a period based on the program requirements and |
| 200 | the treatment plan for the offender, upon motion of either party |
| 201 | or the court's own motion. However, the court may deny the |
| 202 | defendant admission into a misdemeanor pretrial veterans' |
| 203 | treatment intervention program if the defendant has previously |
| 204 | entered a court-ordered veterans' treatment program. |
| 205 | (b) While enrolled in a pretrial intervention program |
| 206 | authorized by this section, the participant is subject to a |
| 207 | coordinated strategy developed by a veterans' treatment |
| 208 | intervention team. The coordinated strategy should be modeled |
| 209 | after the therapeutic jurisprudence principles and key |
| 210 | components in s. 397.334(4), with treatment specific to the |
| 211 | needs of veterans. The coordinated strategy may include a |
| 212 | protocol of sanctions that may be imposed upon the participant |
| 213 | for noncompliance with program rules. The protocol of sanctions |
| 214 | may include, but is not limited to, placement in a treatment |
| 215 | program offered by a licensed service provider or in a jail- |
| 216 | based treatment program or serving a period of incarceration |
| 217 | within the time limits established for contempt of court. The |
| 218 | coordinated strategy must be provided in writing to the |
| 219 | participant before the participant agrees to enter into a |
| 220 | misdemeanor pretrial veterans' treatment intervention program or |
| 221 | other pretrial intervention program. Any person whose charges |
| 222 | are dismissed after successful completion of the misdemeanor |
| 223 | pretrial veterans' treatment intervention program, if otherwise |
| 224 | eligible, may have his or her arrest record and plea of nolo |
| 225 | contendere to the dismissed charges expunged under s. 943.0585. |
| 226 | (3)(2) At the end of the pretrial intervention period, the |
| 227 | court shall consider the recommendation of the treatment program |
| 228 | and the recommendation of the state attorney as to disposition |
| 229 | of the pending charges. The court shall determine, by written |
| 230 | finding, whether the defendant successfully completed the |
| 231 | pretrial intervention program. Notwithstanding the coordinated |
| 232 | strategy developed by a drug court team pursuant to s. |
| 233 | 397.334(4) or by the veterans' treatment intervention team, if |
| 234 | the court finds that the defendant has not successfully |
| 235 | completed the pretrial intervention program, the court may order |
| 236 | the person to continue in education and treatment or return the |
| 237 | charges to the criminal docket for prosecution. The court shall |
| 238 | dismiss the charges upon finding that the defendant has |
| 239 | successfully completed the pretrial intervention program. |
| 240 | (4)(3) Any public or private entity providing a pretrial |
| 241 | substance abuse education and treatment program under this |
| 242 | section shall contract with the county or appropriate |
| 243 | governmental entity. The terms of the contract shall include, |
| 244 | but not be limited to, the requirements established for private |
| 245 | entities under s. 948.15(3). This requirement does not apply to |
| 246 | services provided by the Department of Veterans' Affairs or the |
| 247 | United States Department of Veterans Affairs. |
| 248 | Section 5. This act shall take effect July 1, 2011. |