Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/SB 7068, 1st Eng.
       
       
       
       
       
       
                                Ì459336=Î459336                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1k/WD/3R         .                                
             04/24/2015 12:50 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (902964) (with directory and
    2  title amendments)
    3  
    4         Delete lines 3836 - 3855
    5  and insert:
    6         (8)(a) Notwithstanding any provision of this section, a
    7  defendant identified as having a mental illness and who has not
    8  been convicted of a felony and is charged with:
    9         1. A nonviolent felony that includes a third degree felony
   10  violation under chapter 810 or any other felony offense that is
   11  not a forcible felony as defined in s. 776.08;
   12         2. Resisting an officer with violence under s. 843.01, if
   13  the law enforcement officer and state attorney consent to the
   14  defendant’s participation;
   15         3. Battery on a law enforcement officer under s. 784.07, if
   16  the law enforcement officer and state attorney consent to the
   17  defendant’s participation; or
   18         4. Aggravated assault if the victim and state attorney
   19  consent to the defendant’s participation,
   20  
   21  is eligible for voluntary admission into a pretrial mental
   22  health court program, established pursuant to s. 394.47892, and
   23  approved by the chief judge of the circuit, for a period to be
   24  determined by the risk and needs assessment of the defendant,
   25  upon motion of either party or the court’s own motion.
   26         (b) At the end of the pretrial intervention period, the
   27  court shall consider the recommendation of the treatment
   28  provider and the recommendation of the state attorney as to
   29  disposition of the pending charges. The court shall determine,
   30  by written finding, whether the defendant has successfully
   31  completed the pretrial intervention program. If the court finds
   32  that the defendant has not successfully completed the pretrial
   33  intervention program, the court may order the person to continue
   34  in education and treatment, which may include a mental health
   35  program offered by a licensed service provider, as defined in s.
   36  394.455, or order that the charges revert to normal channels for
   37  prosecution. The court shall dismiss the charges upon a finding
   38  that the defendant has successfully completed the pretrial
   39  intervention program.
   40         Section 37. Subsections (3) and (4) of section 948.16,
   41  Florida Statutes, are renumbered as subsections (4) and (5),
   42  respectively, paragraph (a) of subsection (2) and present
   43  subsection (4) are amended, and a new subsection (3) is added to
   44  that section, to read:
   45         948.16 Misdemeanor pretrial substance abuse education and
   46  treatment intervention program; misdemeanor pretrial veterans’
   47  treatment intervention program; misdemeanor pretrial mental
   48  health court program.—
   49         (2)(a) A veteran, as defined in s. 1.01, including veterans
   50  who were discharged or released under a general discharge, or
   51  servicemember, as defined in s. 250.01, who suffers from a
   52  military service-related mental illness, traumatic brain injury,
   53  substance abuse disorder, or psychological problem, and who is
   54  charged with a misdemeanor is eligible for voluntary admission
   55  into a misdemeanor pretrial veterans’ treatment intervention
   56  program approved by the chief judge of the circuit, for a period
   57  based on the program’s requirements and the treatment plan for
   58  the offender, upon motion of either party or the court’s own
   59  motion. However, the court may deny the defendant admission into
   60  a misdemeanor pretrial veterans’ treatment intervention program
   61  if the defendant has previously entered a court-ordered
   62  veterans’ treatment program.
   63         (3) A defendant who is charged with a misdemeanor and
   64  identified as having a mental illness is eligible for voluntary
   65  admission into a misdemeanor pretrial mental health court
   66  program established pursuant to s. 394.47892, approved by the
   67  chief judge of the circuit, for a period to be determined by the
   68  risk and needs assessment of the defendant, upon motion of
   69  either party or the court’s own motion.
   70         (5)(4) Any public or private entity providing a pretrial
   71  substance abuse education and treatment program or mental health
   72  program under this section shall contract with the county or
   73  appropriate governmental entity. The terms of the contract shall
   74  include, but not be limited to, the requirements established for
   75  private entities under s. 948.15(3). This requirement does not
   76  apply to services provided by the Department of Veterans’
   77  Affairs or the United States Department of Veterans Affairs.
   78  
   79  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   80  And the directory clause is amended as follows:
   81         Delete lines 3814 - 3815
   82  and insert:
   83         Section 36. Subsection (8) of section 948.08, Florida
   84  Statutes, is renumbered as subsection (9), paragraph (a) of
   85  subsection (7) is amended, and a new subsection (8) is added to
   86  that section, to read:
   87  
   88  ================= T I T L E  A M E N D M E N T ================
   89  And the title is amended as follows:
   90         Delete lines 5868 - 5873
   91  and insert:
   92         F.S.; expanding the eligibility of veterans for
   93         certain pretrial intervention programs; providing for
   94         voluntary admission into a pretrial mental health
   95         court program; amending s. 948.16, F.S.; expanding the
   96         eligibility of veterans for a misdemeanor pretrial
   97         veterans’ treatment intervention program; providing
   98         eligibility of misdemeanor defendants for a
   99         misdemeanor pretrial mental health court