Florida Senate - 2020 SB 1496
By Senator Lee
20-01536-20 20201496__
1 A bill to be entitled
2 An act relating to veterans treatment courts; creating
3 s. 26.58, F.S.; providing a short title; providing
4 legislative intent; providing definitions; authorizing
5 certain courts to create and administer veterans
6 treatment courts; providing eligibility criteria for
7 participation in the veterans treatment court program;
8 specifying program implementation procedures,
9 components, and policies; requiring participant
10 agreements and specifying requirements for such
11 agreements; exempting certain statements and
12 information from recordkeeping requirements; providing
13 for liberal construction; specifying that the act does
14 not create a right to participate in a veterans
15 treatment court; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 26.58, Florida Statutes, is created to
20 read:
21 26.58 Florida Veterans Treatment Court Act.—
22 (1) SHORT TITLE.—This act may be cited as the “Florida
23 Veterans Treatment Court Act.”
24 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
25 to encourage and support the judicial circuits of the state, and
26 other such agencies, local governments, interested public or
27 private entities, and individuals, to create and maintain
28 veterans treatment courts in each circuit. The purpose of a
29 veterans treatment court program is to address the underlying
30 causes of a veteran’s involvement with the judicial system
31 through the use of specialized dockets, multidisciplinary teams,
32 and evidence-based treatment. A veterans treatment court program
33 shall use nonadversarial approaches to resolve such issues.
34 Veterans treatment courts depend on the leadership of judges or
35 magistrates who are educated in the issues and science of
36 veterans’ behaviors leading to court involvement and require a
37 rigorous team effort to detect, discern, and assist veterans in
38 correcting the behaviors and choices that led to the veterans’
39 court involvement. This act intends to create a detailed
40 statewide standard for the creation and operation of, and the
41 procedures for, veterans treatment courts.
42 (3) DEFINITIONS.—For purposes of this section, the term:
43 (a) “Defendant” means a veteran or servicemember who has
44 been charged with a criminal offense.
45 (b) “Domestic violence” has the same meaning as in s.
46 741.28(2).
47 (c) “Participant agreement” means the agreement as set
48 forth in subsection (10) and any specific terms and conditions
49 applicable to the defendant. The term includes any modifications
50 made to the agreement under subsection (12).
51 (d) “Record,” except as provided in subsection (14), means
52 information that is inscribed in a tangible or electronic format
53 and is retrievable in perceivable form.
54 (e) “Servicemember” means:
55 1. A member of the active or reserve components of the
56 United States Army, Navy, Air Force, Marine Corps, or Coast
57 Guard;
58 2. A member of the Florida National Guard;
59 3. A contractor for the United States Department of
60 Defense; or
61 4. A military member of a foreign allied country.
62 (f) “Sign” has the same meaning as in s. 61.703(18).
63 (g) “State” means the state of Florida and includes a
64 federally recognized Indian tribe.
65 (h) “Veteran” means a person who has served in the
66 military.
67 (i) “Veterans treatment court” means the docket of a
68 veteran or servicemember that is administered by a court as set
69 forth in this section.
70 (4) AUTHORIZATION.—
71 (a) A court with jurisdiction in criminal cases may create
72 and administer a veterans treatment court.
73 (b) A veterans treatment court may adjudicate misdemeanors
74 and felonies.
75 (c) The chief judge and state attorney of the circuit that
76 is creating and administering the veterans treatment court:
77 1. May issue administrative orders concerning the veterans
78 treatment court.
79 2. Have the exclusive authority to determine whether a
80 veteran who has been dishonorably discharged, may participate in
81 the veterans treatment court within the circuit.
82 (5) ADMISSION.—A defendant in a criminal case who meets the
83 eligibility requirements under subsection (9) may be admitted to
84 a veterans treatment court at any stage of a criminal
85 proceeding. If a defense attorney chooses to have a case heard
86 in a veterans treatment court, the defense attorney must submit
87 an application to the state attorney. The state attorney and the
88 court must review each application for admission to the veterans
89 treatment court using the eligibility requirements set forth in
90 subsection (9) and determine whether the defendant meets the
91 requirements.
92 (6) RECORD OF POLICIES AND PROCEDURES.—
93 (a) Each veterans treatment court shall seek input from
94 state attorneys and other interested persons in developing and
95 adopting policies and procedures to implement subsections (7)
96 and (8).
97 (b) A veterans treatment court shall create a record of the
98 policies and procedures adopted to implement subsections (7) and
99 (8).
100 (7) KEY COMPONENTS OF A VETERANS TREATMENT COURT.—
101 (a) A veterans treatment court may adopt policies and
102 procedures to implement the following key components, including:
103 1. Integrating substance abuse and mental health treatment
104 services, and any other related treatment and rehabilitation
105 services, with justice system case processing;
106 2. Using a nonadversarial approach in which the state
107 attorney and defense counsel promote public safety while
108 protecting the due process rights of the defendants;
109 3. Providing early identification of eligible defendants;
110 4. Monitoring defendants for abstinence from alcohol and
111 drugs by frequent testing;
112 5. Providing ongoing judicial interaction with each
113 defendant;
114 6. Monitoring and evaluating the achievement of each
115 defendant’s program goals; and
116 7. Forging partnerships among the veterans treatment
117 courts, the United States Department of Veterans Affairs, the
118 Florida Department of Veterans’ Affairs, public agencies, and
119 community-based organizations to generate local support and
120 enhance the effectiveness of the veterans treatment court.
121 (b) In adopting policies and procedures under this section,
122 the court shall consult nationally recognized best practices
123 related to the key components of veterans treatment courts.
124 (8) SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS
125 TREATMENT COURTS.—A veterans treatment court may adopt
126 supplemental policies and procedures to:
127 (a) Refer a defendant with a medical need to an appropriate
128 health care provider or refer a defendant for appropriate
129 assistance, including assistance with housing, employment,
130 nutrition, mentoring, and education.
131 (b) Address domestic violence offenses, including:
132 1. Referring a defendant who has been a victim of domestic
133 violence, sexual trauma, child abuse, or other trauma to
134 appropriate rehabilitative services;
135 2. Conferring with the victim or alleged victim of the
136 domestic violence offense that serves as the basis for the
137 defendant’s participation in the veterans treatment court;
138 3. Evaluating and assessing a defendant charged with a
139 domestic violence offense and integrating specific counseling as
140 part of the total rehabilitative services for the defendant; and
141 4. Monitoring a defendant charged with a domestic violence
142 offense to ensure compliance with a domestic violence protection
143 order, a no contact order, and any prohibition on weapon
144 possession.
145 (c) Otherwise encourage participation in the veterans
146 treatment court.
147 (9) ELIGIBILITY.—
148 (a) A defendant may participate in a veterans treatment
149 court if:
150 1. The defendant has a mental health condition, traumatic
151 brain injury, or substance use disorder;
152 2. The defendant agrees on the court record to enter the
153 veterans treatment court voluntarily and adhere to a participant
154 agreement; and
155 3. The defendant’s participation in the veterans treatment
156 court is in the interest of justice and of benefit to the
157 defendant and the community, as determined by:
158 a. The state attorney with regard to pretrial diversion; or
159 b. The court, with regard to all other matters.
160 (b) In making the determination under subparagraph (a)3.,
161 the state attorney and the court shall consider:
162 1. The nature and circumstances of the offense charged;
163 2. Special characteristics or circumstances of the
164 defendant;
165 3. The defendant’s criminal history and whether the
166 defendant previously participated in a veterans treatment court
167 or a similar program;
168 4. Whether the defendant’s needs exceed treatment resources
169 available to the veterans treatment court;
170 5. The impact on the community of the defendant’s
171 participation and treatment in the veterans treatment court;
172 6. Recommendations of any law enforcement agency involved
173 in investigating or arresting the defendant;
174 7. Special characteristics or circumstances of the victim
175 or alleged victim;
176 8. Any recommendation of the victim or alleged victim;
177 9. Provision for and the likelihood of obtaining
178 restitution from the defendant over the course of participation
179 in the veterans treatment court;
180 10. Mitigating circumstances; and
181 11. Other circumstances reasonably related to the
182 defendant’s case.
183 (c) In making the determination under paragraphs (a) and
184 (b) in a case in which a domestic violence offense serves as the
185 basis for the defendant’s participation in the veterans
186 treatment court, the state attorney and the court shall seek the
187 recommendation of the victim or alleged victim of the offense.
188 (10) PARTICIPANT AGREEMENT.—To participate in a veterans
189 treatment court, the defendant must sign, and the court must
190 approve, a participant agreement. If admission to the veterans
191 treatment court occurs before conviction, the prosecutor must
192 sign the participant agreement.
193 (11) VICTIM OF DOMESTIC VIOLENCE.—
194 (a) If a victim or alleged victim of a domestic violence
195 offense that serves as the basis for the defendant’s
196 participation in a veterans treatment court can reasonably be
197 located, the victim or alleged victim must be offered:
198 1. Referral to services of domestic violence providers; and
199 2. Information on how to report an allegation of:
200 a. An offense committed by the defendant; or
201 b. A violation by the defendant of the participant
202 agreement.
203 (b) The participation by the defendant in a veterans
204 treatment court does not alter the rights of a victim or alleged
205 victim of domestic violence under other provisions of law.
206 (12) MODIFICATION OR TERMINATION.—If a veterans treatment
207 court determines after a hearing that a defendant has not
208 complied with the participant agreement, the veterans treatment
209 court may modify or revoke the defendant’s participation in the
210 program.
211 (13) COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans
212 treatment court determines that a defendant has completed the
213 requirements of the participant agreement, the court must
214 dispose of the charge that served as the basis of participation
215 in the veterans treatment court in accordance with the
216 participant agreement and any applicable plea agreement, court
217 order, or judgment.
218 (14) ACCESS TO RECORDS.—The following are not considered a
219 record for purposes of this section:
220 (a) A statement made or record submitted by a defendant in
221 a veterans treatment court which is subject to 42 U.S.C. s.
222 290dd-2, as amended, and 42 C.F.R. part 2, as amended, regarding
223 confidentiality.
224 (b) Any individually identifiable health information or
225 record pertaining to a defendant in a veterans treatment court
226 who is receiving substance abuse services which is subject to
227 the privacy regulations adopted under the Health Insurance
228 Portability and Accountability Act, 42 U.S.C. s. 1320d-6, as
229 amended, and 45 C.F.R. parts 160, 162, and 164, as amended, and
230 applicable state law.
231 (15) LIBERAL CONSTRUCTION.—The provisions of this section
232 shall be liberally construed.
233 (16) RIGHT TO PARTICIPATE.—This section does not create a
234 right of a veteran or servicemember to participate in a veterans
235 treatment court.
236 Section 2. This act shall take effect July 1, 2020.