Bill Text: FL S0138 | 2012 | Regular Session | Introduced


Bill Title: Military Veterans Convicted of Criminal Offenses

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Failed) 2012-03-09 - Died in Budget Subcommittee on Health and Human Services Appropriations, companion bill(s) passed, see CS/CS/SB 922 (Ch. [S0138 Detail]

Download: Florida-2012-S0138-Introduced.html
       Florida Senate - 2012                                     SB 138
       
       
       
       By Senator Bennett
       
       
       
       
       21-00167-12                                            2012138__
    1                        A bill to be entitled                      
    2         An act relating to military veterans convicted of
    3         criminal offenses; providing a short title; creating
    4         s. 921.00242, F.S.; providing that a person found to
    5         have committed a criminal offense who alleges that the
    6         offense resulted from posttraumatic stress disorder,
    7         traumatic brain injury, substance use disorder, or
    8         psychological problems stemming from service in a
    9         combat theater in the United States military may have
   10         a hearing on that issue before sentencing; providing
   11         that a defendant found to have committed an offense
   12         due to such causes and who is eligible for probation
   13         or community control may be placed in a treatment
   14         program in certain circumstances; providing for
   15         sentence credit for a defendant placed in treatment
   16         who would have otherwise been incarcerated; providing
   17         a preference for treatment programs that have
   18         histories of successfully treating such combat
   19         veterans; amending s. 948.08, F.S.; creating a
   20         pretrial veterans’ treatment intervention program;
   21         providing requirements for a defendant to be
   22         voluntarily admitted to the pretrial program;
   23         providing certain exceptions to such admission;
   24         providing for the disposition of pending charges
   25         following a defendant’s completion of the pretrial
   26         intervention program; providing for the charges to be
   27         expunged under certain circumstances; amending s.
   28         948.16, F.S.; creating a misdemeanor pretrial
   29         veterans’ treatment intervention program; providing
   30         requirements for voluntary admission to the
   31         misdemeanor pretrial program; providing for the
   32         misdemeanor charges to be expunged under certain
   33         circumstances; exempting treatment services provided
   34         by the Department of Veterans’ Affairs or the United
   35         States Department of Veterans Affairs from certain
   36         contract requirements; providing an effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. This act may be cited as the “T. Patt Maney
   41  Veterans’ Treatment Intervention Act.”
   42         Section 2. Section 921.00242, Florida Statutes, is created
   43  to read:
   44         921.00242 Convicted military veterans; posttraumatic stress
   45  disorder, traumatic brain injury, substance use disorder, or
   46  psychological problems from service; treatment services.—
   47         (1) If a circuit or county court finds that a defendant has
   48  committed a criminal offense, the court must hold a veterans
   49  status hearing prior to sentencing if the defendant has alleged
   50  that he or she committed the offense as a result of
   51  posttraumatic stress disorder, traumatic brain injury, substance
   52  use disorder, or psychological problems stemming from service in
   53  a combat theater in the United States military.
   54         (2) At a veterans status hearing conducted as required by
   55  subsection (1), the court shall determine whether the defendant
   56  was a member of the military forces of the United States who
   57  served in a combat theater and assess whether the defendant
   58  suffers from posttraumatic stress disorder, traumatic brain
   59  injury, substance use disorder, or psychological problems as a
   60  result of that service. The defendant shall bear the burden of
   61  proof at the hearing.
   62         (3) If the court concludes that the defendant is a person
   63  described in subsection (2) who is eligible for probation or
   64  community control and the court places the defendant on county
   65  or state probation or into community control, the court may
   66  order the defendant into a local, state, federal, or private
   67  nonprofit treatment program as a condition of probation or
   68  community control if the defendant agrees to participate in the
   69  program and the court determines that an appropriate treatment
   70  program exists.
   71         (4) A defendant who is placed on county or state probation
   72  or into community control and committed to a residential
   73  treatment program under this section shall earn sentence credits
   74  for the actual time he or she serves in the residential
   75  treatment program if the court makes a written finding that it
   76  would otherwise have sentenced the defendant to incarceration
   77  except for the fact that the defendant is a person described in
   78  subsection (2).
   79         (5) In making an order under this section to commit a
   80  defendant to a treatment program, whenever possible the court
   81  shall place the defendant in a treatment program that has a
   82  history of successfully treating combat veterans who suffer from
   83  posttraumatic stress disorder, traumatic brain injury, substance
   84  use disorder, or psychological problems as a result of that
   85  service. The court shall give preference to treatment programs
   86  for which the veteran is eligible through the United States
   87  Department of Veterans Affairs or the Department of Veterans
   88  Affairs.
   89         Section 3. Present subsection (7) of section 948.08,
   90  Florida Statutes, is renumbered as subsection (8), and a new
   91  subsection (7) is added to that section, to read:
   92         948.08 Pretrial intervention program.—
   93         (7)(a) A person who is charged with a felony, other than a
   94  felony listed in s. 948.06(8)(c), and identified as a member or
   95  former member of the military forces of the United States who
   96  served in a combat theater and who suffers from posttraumatic
   97  stress disorder, traumatic brain injury, substance use disorder,
   98  or psychological problems as a result of that service is
   99  eligible for voluntary admission into a pretrial veterans
  100  treatment intervention program approved by the chief judge of
  101  the circuit, upon motion of either party or the court’s own
  102  motion, except:
  103         1. If a defendant was previously offered admission to a
  104  pretrial veterans treatment intervention program at any time
  105  prior to trial and the defendant rejected that offer on the
  106  record, the court may deny the defendant’s admission to such a
  107  program.
  108         2. If a defendant previously entered a court-ordered
  109  veterans treatment program, the court may deny the defendant’s
  110  admission into the pretrial veterans’ treatment program.
  111         3. If the state attorney believes that the facts and
  112  circumstances of the case suggest the defendant’s involvement in
  113  the selling of controlled substances, the court shall hold a
  114  preadmission hearing. If the state attorney establishes, by a
  115  preponderance of the evidence at such hearing, that the
  116  defendant was involved in the selling of controlled substances,
  117  the court shall deny the defendant’s admission into a pretrial
  118  intervention program.
  119         (b) While enrolled in a pretrial intervention program
  120  authorized by this subsection, the participant shall be subject
  121  to a coordinated strategy developed by a veterans treatment
  122  intervention team. The coordinated strategy should be modeled
  123  after the therapeutic jurisprudence principles and key
  124  components in s. 397.334(4), with treatment specific to the
  125  needs of veterans. The coordinated strategy may include a
  126  protocol of sanctions that may be imposed upon the participant
  127  for noncompliance with program rules. The protocol of sanctions
  128  may include, but need not be limited to, placement in a
  129  treatment program offered by a licensed service provider or in a
  130  jail-based treatment program or serving a period of
  131  incarceration within the time limits established for contempt of
  132  court. The coordinated strategy must be provided in writing to
  133  the participant before the participant agrees to enter into a
  134  pretrial veterans treatment intervention program or other
  135  pretrial intervention program. Any person whose charges are
  136  dismissed after successful completion of the pretrial veterans
  137  treatment intervention program, if otherwise eligible, may have
  138  his or her arrest record and plea of nolo contendere to the
  139  dismissed charges expunged under s. 943.0585.
  140         (c) At the end of the pretrial intervention period, the
  141  court shall consider the recommendation of the administrator
  142  pursuant to subsection (5) and the recommendation of the state
  143  attorney as to disposition of the pending charges. The court
  144  shall determine, by written finding, whether the defendant has
  145  successfully completed the pretrial intervention program. If the
  146  court finds that the defendant has not successfully completed
  147  the pretrial intervention program, the court may order the
  148  person to continue in education and treatment, which may include
  149  treatment programs offered by licensed service providers or
  150  jail-based treatment programs, or order that the charges revert
  151  to normal channels for prosecution. The court shall dismiss the
  152  charges upon a finding that the defendant has successfully
  153  completed the pretrial intervention program.
  154         Section 4. Section 948.16, Florida Statutes, is amended to
  155  read:
  156         948.16 Misdemeanor pretrial substance abuse education and
  157  treatment intervention program; misdemeanor pretrial veterans
  158  treatment intervention program.—
  159         (1)(a) A person who is charged with a misdemeanor for
  160  possession of a controlled substance or drug paraphernalia under
  161  chapter 893, and who has not previously been convicted of a
  162  felony nor been admitted to a pretrial program, is eligible for
  163  voluntary admission into a misdemeanor pretrial substance abuse
  164  education and treatment intervention program, including a
  165  treatment-based drug court program established pursuant to s.
  166  397.334, approved by the chief judge of the circuit, for a
  167  period based on the program requirements and the treatment plan
  168  for the offender, upon motion of either party or the court’s own
  169  motion, except, if the state attorney believes the facts and
  170  circumstances of the case suggest the defendant is involved in
  171  dealing and selling controlled substances, the court shall hold
  172  a preadmission hearing. If the state attorney establishes, by a
  173  preponderance of the evidence at such hearing, that the
  174  defendant was involved in dealing or selling controlled
  175  substances, the court shall deny the defendant’s admission into
  176  the pretrial intervention program.
  177         (b) While enrolled in a pretrial intervention program
  178  authorized by this section, the participant is subject to a
  179  coordinated strategy developed by a drug court team under s.
  180  397.334(4). The coordinated strategy may include a protocol of
  181  sanctions that may be imposed upon the participant for
  182  noncompliance with program rules. The protocol of sanctions may
  183  include, but is not limited to, placement in a substance abuse
  184  treatment program offered by a licensed service provider as
  185  defined in s. 397.311 or in a jail-based treatment program or
  186  serving a period of incarceration within the time limits
  187  established for contempt of court. The coordinated strategy must
  188  be provided in writing to the participant before the participant
  189  agrees to enter into a pretrial treatment-based drug court
  190  program or other pretrial intervention program. Any person whose
  191  charges are dismissed after successful completion of the
  192  treatment-based drug court program, if otherwise eligible, may
  193  have his or her arrest record and plea of nolo contendere to the
  194  dismissed charges expunged under s. 943.0585.
  195         (2)(a) A member or former member of the military forces of
  196  the United States who served in a combat theater and who suffers
  197  from posttraumatic stress disorder, traumatic brain injury,
  198  substance use disorder, or psychological problems as a result of
  199  that service who is charged with a misdemeanor is eligible for
  200  voluntary admission into a misdemeanor pretrial veterans
  201  treatment intervention program approved by the chief judge of
  202  the circuit, for a period based on the program requirements and
  203  the treatment plan for the offender, upon motion of either party
  204  or the court’s own motion. However, the court may deny the
  205  defendant admission into a misdemeanor pretrial veterans
  206  treatment intervention program if the defendant has previously
  207  entered a court-ordered veterans treatment program.
  208         (b) While enrolled in a pretrial intervention program
  209  authorized by this section, the participant shall be subject to
  210  a coordinated strategy developed by a veterans treatment
  211  intervention team. The coordinated strategy should be modeled
  212  after the therapeutic jurisprudence principles and key
  213  components in s. 397.334(4), with treatment specific to the
  214  needs of veterans. The coordinated strategy may include a
  215  protocol of sanctions that may be imposed upon the participant
  216  for noncompliance with program rules. The protocol of sanctions
  217  may include, but need not be limited to, placement in a
  218  treatment program offered by a licensed service provider or in a
  219  jail-based treatment program or serving a period of
  220  incarceration within the time limits established for contempt of
  221  court. The coordinated strategy must be provided in writing to
  222  the participant before the participant agrees to enter into a
  223  misdemeanor pretrial veterans treatment intervention program or
  224  other pretrial intervention program. Any person whose charges
  225  are dismissed after successful completion of the misdemeanor
  226  pretrial veterans treatment intervention program, if otherwise
  227  eligible, may have his or her arrest record and plea of nolo
  228  contendere to the dismissed charges expunged under s. 943.0585.
  229         (3)(2) At the end of the pretrial intervention period, the
  230  court shall consider the recommendation of the treatment program
  231  and the recommendation of the state attorney as to disposition
  232  of the pending charges. The court shall determine, by written
  233  finding, whether the defendant successfully completed the
  234  pretrial intervention program. Notwithstanding the coordinated
  235  strategy developed by a drug court team pursuant to s.
  236  397.334(4) or by the veterans treatment intervention team, if
  237  the court finds that the defendant has not successfully
  238  completed the pretrial intervention program, the court may order
  239  the person to continue in education and treatment or return the
  240  charges to the criminal docket for prosecution. The court shall
  241  dismiss the charges upon finding that the defendant has
  242  successfully completed the pretrial intervention program.
  243         (4)(3) Any public or private entity providing a pretrial
  244  substance abuse education and treatment program under this
  245  section shall contract with the county or appropriate
  246  governmental entity. The terms of the contract shall include,
  247  but not be limited to, the requirements established for private
  248  entities under s. 948.15(3). This requirement does not apply to
  249  services provided by the Department of Veterans Affairs or the
  250  United States Department of Veterans Affairs.
  251         Section 5. This act shall take effect July 1, 2012.

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