Florida Senate - 2021 SB 764 By Senator Burgess 20-00516-21 2021764__ Page 1 of 13 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to veterans treatment courts; amending 2 s. 394.47891, F.S.; providing legislative intent; 3 providing

definitions; authorizing certain courts to 4 create and administer veterans treatment courts for 5 specified purposes; providing standards for admission 6 into a veterans treatment court program; specifying 7 program implementation procedures, components, and 8 policies; specifying eligibility requirements for 9 participation in the program; requiring participant 10 agreements and specifying requirements for such 11 agreements; providing for construction; specifying 12 that the act does not create a right to participate in 13 the program; deleting provisions relating to the 14 Military Veterans and Servicemembers Court Program, to 15 conform; amending ss. 43.51, 910.035, and 948.06, 16 F.S.; conforming provisions to changes made by the 17 act; amending ss. 948.08 and 948.16, F.S.; revising 18 eligibility for certain pretrial programs to include 19 certain individuals eligible to participate in a 20 veterans treatment court; amending s. 948.21, F.S.; 21 authorizing a court to impose a condition requiring a 22 probationer or community controllee eligible to 23 participate in a veterans treatment court to 24 participate in certain treatment programs under 25 certain circumstances; specifying applicability of the 26 act to participants in certain court programs in 27 existence as of a specified date; providing an 28 effective date. 29

Florida Senate - 2021 SB 764 20-00516-21 2021764__ Page 2 of 13 CODING: Words stricken are deletions; words underlined are additions. 30 Be It Enacted by the Legislature of the State of Florida: 31 32

Section

Section 394.47891, Florida Statutes, is amended 33 to read: 34 394.47891 Military Veterans treatment and servicemembers 35 court programs.— 36

(1) LEGISLATIVE INTENT.—It is the intent of the Legislature 37 to encourage and support the judicial circuits of the state and 38 other such agencies, local governments, interested public or 39 private entities, and individuals to create and maintain 40 veterans treatment courts in each circuit. The purpose of a 41 veterans treatment court program is to address the underlying 42 causes of a veteran’s involvement with the judicial system 43 through the use of specialized dockets, multidisciplinary teams, 44 and evidence-based treatment.

A veterans treatment court program 45 shall use nonadversarial approaches to resolve such issues. 46 Veterans treatment courts depend on the leadership of judges or 47 magistrates who are educated in the issues and science of 48 veterans’ behaviors leading to court involvement and require a 49 rigorous team effort to detect, discern, and assist veterans in 50 correcting the behaviors and choices that led to the veterans’ 51 court involvement. This

section creates a detailed statewide 52 standard for the creation and operation of, and procedures for, 53 veterans treatment courts. 54

(2) DEFINITIONS.—For purposes of this section, the term: 55 (a) “Defendant” means a veteran or servicemember who has 56 been charged with or convicted of a criminal offense. 57 (b) “Participant agreement” means the agreement as set 58

Florida Senate - 2021 SB 764 20-00516-21 2021764__ Page 3 of 13 CODING: Words stricken are deletions; words underlined are additions. forth in subsection (9) and any specific terms and conditions 59 applicable to the defendant. The term includes any modifications 60 made to the agreement under subsection (10). 61 (c) “Servicemember” means: 62 1. A member of the active or reserve components of the 63 United States Army, Navy, Air Force, Marine Corps, or Coast 64 Guard; 65 2. A member of the Florida National Guard; 66 3. A current or former contractor for the United States 67 Department of Defense; or 68 4.

A current or former military member of a foreign allied 69 country. 70 (d) “Veteran” means a person who has served in the 71 military. 72 (e) “Veterans treatment court” means a specialized docket 73 administered by a court for veterans and servicemembers as set 74 forth in this section. 75

(3) AUTHORIZATION.— 76 (

a) A court with jurisdiction over criminal cases may 77 create and administer a veterans treatment court. 78 (

b) A veterans treatment court may adjudicate misdemeanors 79 and felonies. 80 (

c) The chief judge may issue administrative orders 81 concerning the veterans treatment court. 82 (

d) The chief judge and state attorney of the circuit that 83 creates and administers the veterans treatment court have the 84 exclusive authority to determine whether veterans who have been 85 dishonorably discharged may participate in the veterans 86 treatment court within the circuit. 87

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(4) ADMISSION.—A defendant who meets the eligibility 88 requirements under subsection (8) may be admitted to a veterans 89 treatment court at any stage of a criminal proceeding. A 90 defendant seeking to participate in a veterans treatment court 91 must submit an application to the state attorney. The state 92 attorney and court must review each application and determine 93 whether the defendant meets the eligibility requirements in 94 subsection (8). 95

(5) RECORD OF POLICIES AND PROCEDURES.— 96 (

a) Each veterans treatment court shall seek input from the 97 state attorney and other interested persons in developing and 98 adopting policies and procedures to implement subsections (6) 99 and (7). 100 (

b) A veterans treatment court shall create a record of the 101 policies and procedures adopted to implement subsections (6) and 102 (7). 103

(6) KEY COMPONENTS OF A VETERANS TREATMENT COURT.— 104 (

a) A veterans treatment court shall adopt policies and 105 procedures to implement the following key components, including: 106 1. Integrating substance abuse and mental health treatment 107 services and any other related treatment and rehabilitation 108 services with justice system case processing; 109 2. Using a nonadversarial approach in which the state 110 attorney and defense counsel promote public safety while 111 protecting the due process rights of the defendant; 112 3. Providing for early identification of eligible 113 defendants; 114 4. Monitoring defendants for abstinence from alcohol and 115 drugs by frequent testing; 116

Florida Senate - 2021 SB 764 20-00516-21 2021764__ Page 5 of 13 CODING: Words stricken are deletions; words underlined are additions. 5. Providing ongoing judicial interaction with each 117 defendant; 118 6. Monitoring and evaluating the achievement of each 119 defendant’s program goals; and 120 7. Forging partnerships among the veterans treatment 121 courts, the United States Department of Veterans Affairs, the 122 Florida Department of Veterans’ Affairs, public agencies, and 123 community-based organizations to generate local support and 124 enhance the effectiveness of the veterans treatment court. 125 (

b) In adopting policies and procedures under this section, 126 the court shall consult nationally recognized best practices 127 related to the key components of veterans treatment courts. 128

(7) SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS 129 TREATMENT COURTS.—A veterans treatment court may adopt 130 supplemental policies and procedures to: 131 (

a) Refer a defendant with a medical need to an appropriate 132 health care provider or refer a defendant for appropriate 133 assistance, including assistance with housing, employment, 134 nutrition, mentoring, education, and driver license 135 reinstatement. 136 (

b) Otherwise encourage participation in the veterans 137 treatment court. 138

(8) ELIGIBILITY.— 139 (

a) A defendant may participate in a veterans treatment 140 court if: 141 1. The defendant has a mental health condition, traumatic 142 brain injury, substance use disorder, or psychological problem; 143 2. The defendant voluntarily agrees to the terms of the 144 participant agreement by signing the agreement; and 145

Florida Senate - 2021 SB 764 20-00516-21 2021764__ Page 6 of 13 CODING: Words stricken are deletions; words underlined are additions. 3. The defendant’s participation in the veterans treatment 146 court is in the interest of justice and of benefit to the 147 defendant and the community, as determined by: 148 a. The state attorney, with regard to pretrial diversion; 149 and 150 b. The court, with regard to all other matters. 151 (

b) In making the determination under subparagraph (a)3., 152 the state attorney and court must consider: 153 1. The nature and circumstances of the offense charged; 154 2. The special characteristics or circumstances of the 155 defendant and any victim or alleged victim, including any 156 recommendation of the victim or alleged victim; 157 3. The defendant’s criminal history and whether the 158 defendant previously participated in a veterans treatment court 159 or similar program; 160 4. Whether the defendant’s needs exceed the treatment 161 resources available to the veterans treatment court; 162 5.

The impact on the community of the defendant’s 163 participation and treatment in the veterans treatment court; 164 6. Recommendations of any law enforcement agency involved 165 in investigating or arresting the defendant; 166 7. If the defendant owes restitution, the likelihood of 167 payment during the defendant’s participation in the veterans 168 treatment court; 169 8. Any mitigating circumstances; and 170 9. Any other circumstances reasonably related to the 171 defendant’s case. 172

(9) PARTICIPANT AGREEMENT.—To participate in a veterans 173 treatment court, the defendant must sign, and the court must 174

Florida Senate - 2021 SB 764 20-00516-21 2021764__ Page 7 of 13 CODING: Words stricken are deletions; words underlined are additions. approve, a participant agreement. If admission to the veterans 175 treatment court occurs pretrial, the state attorney must sign 176 the participant agreement. 177

(10) MODIFICATION OR TERMINATION.—If a veterans treatment 178 court determines after a hearing that a defendant has not 179 complied with the participant agreement, the court may modify or 180 revoke the defendant’s participation in the program. 181

(11) COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans 182 treatment court determines that a defendant has completed the 183 requirements of the participant agreement, the court shall 184 dispose of the charge or charges that served as the basis for 185 participation in the veterans treatment court in accordance with 186 the participant agreement and any applicable plea agreement, 187 court order, or judgment. 188

(12) LIBERAL CONSTRUCTION.—The provisions of this

section 189 shall be liberally construed. 190

(13) NO RIGHT TO PARTICIPATE.—This

section does not create 191 a right of a veteran or servicemember to participate in a 192 veterans treatment court The chief judge of each judicial 193 circuit may establish a Military Veterans and Servicemembers 194 Court Program under which veterans, as defined in s. 1.01; 195 veterans who were discharged or released under any condition; 196 servicemembers, as defined in s. 250.01; individuals who are 197 current or former United States Department of Defense 198 contractors; and individuals who are current or former military 199 members of a foreign allied country, who are charged or 200 convicted of a criminal offense, and who suffer from a military-201 related mental illness, traumatic brain injury, substance abuse 202 disorder, or psychological problem can be sentenced in 203

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chapter 921 in a manner that appropriately 204 addresses the severity of the mental illness, traumatic brain 205 injury, substance abuse disorder, or psychological problem 206 through services tailored to the individual needs of the 207 participant. Entry into any Military Veterans and Servicemembers 208 Court Program must be based upon the sentencing court’s 209 assessment of the defendant’s criminal history, military 210 service, substance abuse treatment needs, mental health 211 treatment needs, amenability to the services of the program, the 212 recommendation of the state attorney and the victim, if any, and 213 the defendant’s agreement to enter the program. 214

Section 2. Subsection (2) of

section 43.51, Florida 215 Statutes, is amended to read: 216 43.51 Problem-solving court reports.— 217

(2) For purposes of this section, the term “problem-solving 218 court” includes, but is not limited to, a drug court pursuant to 219 s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 220 948.20; a veterans treatment military veterans’ and 221 servicemembers’ court pursuant to s. 394.47891, s. 948.08, s. 222 948.16, or s. 948.21; a mental health court program pursuant to 223 s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; a 224 community court pursuant to s. 948.081; or a delinquency 225 pretrial intervention court program pursuant to s. 985.345. 226

Section 3. Paragraph (

a) of subsection (5) of

section 227 910.035, Florida Statutes, is amended to read: 228 910.035 Transfer from county for plea, sentence, or 229 participation in a problem-solving court.— 230

(5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.— 231 (

a) For purposes of this subsection, the term “problem-232

Florida Senate - 2021 SB 764 20-00516-21 2021764__ Page 9 of 13 CODING: Words stricken are deletions; words underlined are additions. solving court” means a drug court pursuant to s. 948.01, s. 233 948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment 234 military veterans’ and servicemembers’ court pursuant to s. 235 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health 236 court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s. 237 948.08, or s. 948.16; or a delinquency pretrial intervention 238 court program pursuant to s. 985.345. 239

Section 4. Paragraph (

k) of subsection (2) of

section 240 948.06, Florida Statutes, is amended to read: 241 948.06 Violation of probation or community control; 242 revocation; modification; continuance; failure to pay 243 restitution or cost of supervision.— 244 (2) 245 (k)1. Notwithstanding s. 921.0024 and effective for 246 offenses committed on or after July 1, 2016, the court may order 247 the offender to successfully complete a postadjudicatory mental 248 health court program under s. 394.47892 or a veterans treatment 249 military veterans and servicemembers court program under s. 250 394.47891 if: 251 a.

The court finds or the offender admits that the offender 252 has violated his or her community control or probation; 253 b. The underlying offense is a nonviolent felony. As used 254 in this subsection, the term “nonviolent felony” means a third 255 degree felony violation under

chapter 810 or any other felony 256 offense that is not a forcible felony as defined in s. 776.08. 257 Offenders charged with resisting an officer with violence under 258 s. 843.01, battery on a law enforcement officer under s. 784.07, 259 or aggravated assault may participate in the mental health court 260 program if the court so orders after the victim is given his or 261

Florida Senate - 2021 SB 764 20-00516-21 2021764__ Page 10 of 13 CODING: Words stricken are deletions; words underlined are additions. her right to provide testimony or written statement to the court 262 as provided in s. 921.143; 263 c. The court determines that the offender is amenable to 264 the services of a postadjudicatory mental health court program, 265 including taking prescribed medications, or a veterans treatment 266 military veterans and servicemembers court program; 267 d. The court explains the purpose of the program to the 268 offender and the offender agrees to participate; and 269 e.

The offender is otherwise qualified to participate in a 270 postadjudicatory mental health court program under s. 271 394.47892(4) or a veterans treatment military veterans and 272 servicemembers court program under s. 394.47891. 273 2.

After the court orders the modification of community 274 control or probation, the original sentencing court shall 275 relinquish jurisdiction of the offender’s case to the 276 postadjudicatory mental health court program or the veterans 277 treatment court until the offender is no longer active in the 278 program, the case is returned to the sentencing court due to the 279 offender’s termination from the program for failure to comply 280 with the terms thereof, or the offender’s sentence is completed. 281

Section 5. Paragraph (

a) of subsection (7) of

section 282 948.08, Florida Statutes, is amended to read: 283 948.08 Pretrial intervention program.— 284 (7)(

a) Notwithstanding any provision of this section, a 285 person who is charged with a felony, other than a felony listed 286 in s. 948.06(8)(c), and who is identified as a veteran or a 287 servicemember, as defined in s. 394.47891, and is otherwise 288 qualified to participate in a veterans treatment court under s. 289 394.47891, s. 1.01; a veteran who is discharged or released 290

Florida Senate - 2021 SB 764 20-00516-21 2021764__ Page 11 of 13 CODING: Words stricken are deletions; words underlined are additions. under any condition; a servicemember, as defined in s. 250.01; 291 an individual who is a current or former United States 292 Department of Defense contractor; or an individual who is a 293 current or former military member of a foreign allied country, 294 who suffers from a military service-related mental illness, 295 traumatic brain injury, substance abuse disorder, or 296 psychological problem is eligible for voluntary admission into a 297 pretrial veterans’ treatment intervention program approved by 298 the chief judge of the circuit, upon motion of either party or 299 the court’s own motion, except: 300 1.

If a defendant was previously offered admission to a 301 pretrial veterans’ treatment intervention program at any time 302 before trial and the defendant rejected that offer on the 303 record, the court may deny the defendant’s admission to such a 304 program. 305 2. If a defendant previously entered a court-ordered 306 veterans’ treatment program, the court may deny the defendant’s 307 admission into the pretrial veterans’ treatment program. 308

Section 6. Paragraph (

a) of subsection (2) of

section 309 948.16, Florida Statutes, is amended to read: 310 948.16 Misdemeanor pretrial substance abuse education and 311 treatment intervention program; misdemeanor pretrial veterans’ 312 treatment intervention program; misdemeanor pretrial mental 313 health court program.— 314 (2)(

a) A veteran or a servicemember, as defined in s. 315 394.47891, who is otherwise qualified to participate in a 316 veterans treatment court under that

section s. 1.01; a veteran 317 who is discharged or released under any condition; a 318 servicemember, as defined in s. 250.01; an individual who is a 319

Florida Senate - 2021 SB 764 20-00516-21 2021764__ Page 12 of 13 CODING: Words stricken are deletions; words underlined are additions. current or former United States Department of Defense 320 contractor; or an individual who is a current or former military 321 member of a foreign allied country, who suffers from a military 322 service-related mental illness, traumatic brain injury, 323 substance abuse disorder, or psychological problem, and who is 324 charged with a misdemeanor is eligible for voluntary admission 325 into a misdemeanor pretrial veterans’ treatment intervention 326 program approved by the chief judge of the circuit, for a period 327 based on the program’s requirements and the treatment plan for 328 the offender, upon motion of either party or the court’s own 329 motion.

However, the court may deny the defendant admission into 330 a misdemeanor pretrial veterans’ treatment intervention program 331 if the defendant has previously entered a court-ordered 332 veterans’ treatment program. 333

Section 7. Present subsection (4) of

section 948.21, 334 Florida Statutes, is redesignated as subsection (5), and a new 335 subsection (4) is added to that section, to read: 336 948.21 Condition of probation or community control; 337 military servicemembers and veterans.— 338

(4) Effective for a probationer or community controllee 339 whose crime is committed on or after July 1, 2021, who is a 340 veteran or a servicemember as defined in s. 394.47891, and who 341 is otherwise qualified to participate in a veterans treatment 342 court under s. 394.47891, the court may, in addition to any 343 other conditions imposed, impose a condition requiring the 344 probationer or community controllee to participate in a 345 treatment program capable of treating the probationer or 346 community controllee’s mental illness, traumatic brain injury, 347 substance abuse disorder, or psychological problem. 348

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Section 8. A Military Veterans and Servicemembers Court 349 Program in operation under s. 394.47891, Florida Statutes, on or 350 before June 30, 2021, may continue to operate following the 351 effective date of this act, but must comply with the amendments 352 made by this act to that section. This act does not affect or 353 alter the rights or responsibilities of any person who, on or 354 before June 30, 2021, was admitted to and participating in a 355 Military Veterans and Servicemembers Court Program established 356 under s. 394.47891, Florida Statutes. 357

Section 9. This act shall take effect July 1, 2021. 358