Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1496
       
       
       
       
       
       
                                Ì930566:Î930566                         
       
                              LEGISLATIVE ACTION                        
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment to Amendment (251488) 
    2  
    3         Delete lines 5 - 66
    4  and insert:
    5         (a) “Defendant” means a veteran, a servicemember, a current
    6  or former member of any state National Guard, a current or
    7  former contractor for the United States Department of Defense,
    8  or a current or former military member of a foreign allied
    9  country, who has been charged with or convicted of a criminal
   10  offense.
   11         (b) “Participant agreement” means the agreement as set
   12  forth in subsection (9) and any specific terms and conditions
   13  applicable to the defendant. The term includes any modifications
   14  made to the agreement under subsection (10).
   15         (c) “Servicemember” means a servicemember as defined in s.
   16  250.01.
   17         (d) “Veteran” means a veteran as defined in s. 1.01(14),
   18  regardless of the discharge or release condition of the veteran.
   19         (e) “Veterans treatment court” means a specialized docket
   20  administered by a court for veterans and servicemembers as set
   21  forth in this section.
   22         (3) AUTHORIZATION.—The chief judge of each judicial circuit
   23  may establish a veterans treatment court.
   24         (4) ADMISSION.—A defendant who meets the eligibility
   25  requirements under subsection (8) may be admitted to a veterans
   26  treatment court at any stage of a criminal proceeding. A
   27  defendant seeking to participate in a veterans treatment court
   28  must submit an application to the court. The court must review
   29  each application and determine whether the defendant meets the
   30  eligibility requirements in subsection (8).
   31         (5) RECORD OF POLICIES AND PROCEDURES.—A veterans treatment
   32  court shall create a record of the policies and procedures
   33  adopted to implement subsections (6) and (7).
   34         (6) KEY COMPONENTS OF A VETERANS TREATMENT COURT.—
   35         (a) A veterans treatment court shall adopt policies and
   36  procedures to implement the following key components, including:
   37         1. Integrating substance abuse and mental health treatment
   38  services and any other related treatment and rehabilitation
   39  services with justice system case processing;
   40         2. Using a nonadversarial approach in which the state
   41  attorney and defense counsel promote public safety while
   42  protecting the due process rights of the defendant;
   43         3. Providing early identification of eligible defendants;
   44         4. Monitoring defendants for abstinence from alcohol and
   45  drugs by frequent testing;
   46         5. Providing ongoing judicial interaction with each
   47  defendant;
   48         6. Monitoring and evaluating the achievement of each
   49  defendant’s program goals; and
   50         7. Forging partnerships among the veterans treatment
   51  courts, the United States Department of Veterans Affairs, the
   52  Florida Department of Veterans’ Affairs, public agencies, and
   53  community-based organizations to generate local support and
   54  enhance the effectiveness of the veterans treatment court.
   55         (b) In adopting policies and procedures under this section,
   56  the court shall consult nationally recognized best practices
   57  related to the key components of veterans treatment courts.
   58         (7) SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS
   59  TREATMENT COURTS.—A veterans treatment court may adopt
   60  supplemental policies and procedures to:
   61         (a) Refer a defendant with a medical need to an appropriate
   62  health care provider or refer a defendant for other appropriate
   63  assistance, including assistance with housing, employment,
   64  nutrition, mentoring, and education.
   65         (b) Otherwise encourage participation in the veterans
   66  treatment court.
   67         (8) ELIGIBILITY.—
   68         (a) A defendant may participate in a veterans treatment
   69  court if:
   70         1. The defendant has a mental health