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2021 Florida Statutes (Including 2021B Session)

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948 PROBATION AND COMMUNITY CONTROL Entire Chapter
SECTION 21
Condition of probation or community control; military servicemembers and veterans.
F.S. 948.21
948.21 Condition of probation or community control; military servicemembers and veterans.—
(1) Effective for a probationer or community controllee whose crime is committed on or after July 1, 2012, and who is a veteran, as defined in s. 1.01, or servicemember, as defined in s. 250.01, who suffers from a military service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem, the court may, in addition to any other conditions imposed, impose a condition requiring the probationer or community controllee to participate in a treatment program capable of treating the probationer’s or community controllee’s mental illness, traumatic brain injury, substance abuse disorder, or psychological problem.
(2) Effective for a probationer or community controllee whose crime is committed on or after July 1, 2016, and who is a veteran, as defined in s. 1.01, including a veteran who is discharged or released under a general discharge, or servicemember, as defined in s. 250.01, who suffers from a military service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem, the court may, in addition to any other conditions imposed, impose a condition requiring the probationer or community controllee to participate in a treatment program capable of treating the probationer or community controllee’s mental illness, traumatic brain injury, substance abuse disorder, or psychological problem.
(3) Effective for a probationer or community controllee whose crime is committed on or after October 1, 2019, and who is a veteran, as defined in s. 1.01; a veteran who is discharged or released under any condition; a servicemember, as defined in s. 250.01; an individual who is a current or former United States Department of Defense contractor; or an individual who is a current or former military member of a foreign allied country, who suffers from a military service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem, the court may, in addition to any other conditions imposed, impose a condition requiring the probationer or community controllee to participate in a treatment program capable of treating the probationer or community controllee’s mental illness, traumatic brain injury, substance abuse disorder, or psychological problem.
(4) Effective for a probationer or community controllee whose crime is committed on or after July 1, 2021, who is a veteran or a servicemember as defined in s. 394.47891(2)(d) or (c), respectively, and who is otherwise qualified to participate in a veterans treatment court program under s. 394.47891, the court may, in addition to any other conditions imposed, impose a condition requiring the probationer or community controllee to participate in a treatment program capable of treating the probationer or community controllee’s service-related mental illness, service-related traumatic brain injury, service-related substance abuse disorder, service-related psychological problem, or military sexual trauma as defined in s. 394.47891(2)(b).
(5) The court shall give preference to treatment programs for which the probationer or community controllee is eligible through the United States Department of Veterans Affairs or the Florida Department of Veterans’ Affairs. The Department of Corrections is not required to spend state funds to implement this section.
History.—s. 20, ch. 2012-159; s. 19, ch. 2016-127; s. 4, ch. 2019-61; s. 7, ch. 2021-240.