Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1496
       
       
       
       
       
       
                                Ì142094)Î142094                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/25/2020           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 63 - 121
    4  and insert:
    5         2. A current or former member of any state National Guard;
    6         3. A current or former contractor for the United States
    7  Department of Defense; or
    8         4. A current or former military member of a foreign allied
    9  country.
   10         (d) “Veteran” means a person who has served in the
   11  military.
   12         (e) “Veterans treatment court” means a specialized docket
   13  administered by a court for veterans and servicemembers as set
   14  forth in this section.
   15         (3) AUTHORIZATION.—The chief judge of each judicial circuit
   16  may establish a veterans treatment court.
   17         (4) ADMISSION.—A defendant who meets the eligibility
   18  requirements under subsection (8) may be admitted to a veterans
   19  treatment court at any stage of a criminal proceeding. A
   20  defendant seeking to participate in a veterans treatment court
   21  must submit an application to the court. The court must review
   22  each application and determine whether the defendant meets the
   23  eligibility requirements in subsection (8).
   24         (5) RECORD OF POLICIES AND PROCEDURES.—A veterans treatment
   25  court shall create a record of the policies and procedures
   26  adopted to implement subsections (6) and (7).
   27         (6) KEY COMPONENTS OF A VETERANS TREATMENT COURT.—
   28         (a) A veterans treatment court shall adopt policies and
   29  procedures to implement the following key components, including:
   30         1. Integrating substance abuse and mental health treatment
   31  services and any other related treatment and rehabilitation
   32  services with justice system case processing;
   33         2. Using a nonadversarial approach in which the state
   34  attorney and defense counsel promote public safety while
   35  protecting the due process rights of the defendant;
   36         3. Providing early identification of eligible defendants;
   37         4. Monitoring defendants for abstinence from alcohol and
   38  drugs by frequent testing;
   39         5. Providing ongoing judicial interaction with each
   40  defendant;
   41         6. Monitoring and evaluating the achievement of each
   42  defendant’s program goals; and
   43         7. Forging partnerships among the veterans treatment
   44  courts, the United States Department of Veterans Affairs, the
   45  Florida Department of Veterans’ Affairs, public agencies, and
   46  community-based organizations to generate local support and
   47  enhance the effectiveness of the veterans treatment court.
   48         (b) In adopting policies and procedures under this section,
   49  the court shall consult nationally recognized best practices
   50  related to the key components of veterans treatment courts.
   51         (7) SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS
   52  TREATMENT COURTS.—A veterans treatment court may adopt
   53  supplemental policies and procedures to:
   54         (a) Refer a defendant with a medical need to an appropriate
   55  health care provider or refer a defendant for other appropriate
   56  assistance, including assistance with housing, employment,
   57  nutrition, mentoring, and education.
   58         (b) Otherwise encourage participation in the veterans
   59  treatment court.
   60         (8) ELIGIBILITY.—
   61         (a) A defendant may participate in a veterans treatment
   62  court if:
   63         1. The defendant has a mental health