Bill Text: FL S0138 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Military Veterans Convicted of Criminal Offenses

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0138 Detail]

Download: Florida-2011-S0138-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 138
       
       
       
       By the Committee on Criminal Justice; and Senators Bennett,
       Gaetz, and Dockery
       
       
       
       591-02278-11                                           2011138c1
    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 persons found to
    5         have committed criminal offenses who allege that the
    6         offenses 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 defendants found to have committed offenses due
   12         to such causes and who are eligible for probation or
   13         community control may be placed in treatment programs
   14         in certain circumstances; providing for sentence
   15         credit for defendants placed in treatment who would
   16         have otherwise been incarcerated; providing a
   17         preference for treatment programs that have histories
   18         of successfully treating such combat veterans;
   19         amending s. 948.08, F.S.; creating a pretrial
   20         veterans’ treatment intervention program; providing
   21         requirements for a defendant to be voluntarily
   22         admitted to the pretrial program; providing certain
   23         exceptions to such admission; providing for the
   24         disposition of pending charges following a defendant’s
   25         completion of the pretrial intervention program;
   26         providing for the charges to be expunged under certain
   27         circumstances; amending s. 948.16, F.S.; creating a
   28         misdemeanor pretrial veterans’ treatment intervention
   29         program; providing requirements for voluntary
   30         admission to the misdemeanor pretrial program;
   31         providing for the misdemeanor charges to be expunged
   32         under certain circumstances; exempting treatment
   33         services provided by the Department of Veterans’
   34         Affairs or the United States Department of Veterans
   35         Affairs from certain contract requirements; providing
   36         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 an 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) As used in this subsection, the term “disqualifying
   94  felony” means any offense that is listed in s. 948.06(8)(c).
   95  Notwithstanding any provision of this section, a person who is
   96  charged with a disqualifying felony and is identified as a
   97  member or former member of the military forces of the United
   98  States who served in a combat theater and who suffers from
   99  posttraumatic stress disorder, traumatic brain injury, substance
  100  use disorder, or psychological problems as a result of that
  101  service is eligible for voluntary admission into a pretrial
  102  veterans’ treatment intervention program approved by the chief
  103  judge of the circuit, upon motion of either party or the court’s
  104  own motion, except:
  105         1. If a defendant was previously offered admission to a
  106  pretrial veterans’ treatment intervention program at any time
  107  prior to trial and the defendant rejected that offer on the
  108  record, the court may deny the defendant’s admission to such a
  109  program.
  110         2. If a defendant previously entered a court-ordered
  111  veterans’ treatment program, the court may deny the defendant’s
  112  admission into the pretrial veterans’ treatment program.
  113         3. If the state attorney believes that the facts and
  114  circumstances of the case suggest the defendant’s involvement in
  115  the selling of controlled substances, the court shall hold a
  116  preadmission hearing. If the state attorney establishes, by a
  117  preponderance of the evidence at such hearing, that the
  118  defendant was involved in the selling of controlled substances,
  119  the court shall deny the defendant’s admission into a pretrial
  120  intervention program.
  121         (b) While enrolled in a pretrial intervention program
  122  authorized by this subsection, the participant is subject to a
  123  coordinated strategy developed by a veterans’ treatment
  124  intervention team. The coordinated strategy should be modeled
  125  after the therapeutic jurisprudence principles and key
  126  components in s. 397.334(4), with treatment specific to the
  127  needs of veterans. The coordinated strategy may include a
  128  protocol of sanctions that may be imposed upon the participant
  129  for noncompliance with program rules. The protocol of sanctions
  130  may include, but is not limited to, placement in a treatment
  131  program offered by a licensed service provider or in a jail
  132  based treatment program or serving a period of incarceration
  133  within the time limits established for contempt of court. The
  134  coordinated strategy must be provided in writing to the
  135  participant before the participant agrees to enter into a
  136  pretrial veterans’ treatment intervention program or other
  137  pretrial intervention program. Any person whose charges are
  138  dismissed after successful completion of the pretrial veterans’
  139  treatment intervention program, if otherwise eligible, may have
  140  his or her arrest record and plea of nolo contendere to the
  141  dismissed charges expunged under s. 943.0585.
  142         (c) At the end of the pretrial intervention period, the
  143  court shall consider the recommendation of the administrator
  144  pursuant to subsection (5) and the recommendation of the state
  145  attorney as to disposition of the pending charges. The court
  146  shall determine, by written finding, whether the defendant has
  147  successfully completed the pretrial intervention program. If the
  148  court finds that the defendant has not successfully completed
  149  the pretrial intervention program, the court may order the
  150  person to continue in education and treatment, which may include
  151  treatment programs offered by licensed service providers or
  152  jail-based treatment programs, or order that the charges revert
  153  to normal channels for prosecution. The court shall dismiss the
  154  charges upon a finding that the defendant has successfully
  155  completed the pretrial intervention program.
  156         Section 4. Section 948.16, Florida Statutes, is amended to
  157  read:
  158         948.16 Misdemeanor pretrial substance abuse education and
  159  treatment intervention program; misdemeanor pretrial veterans’
  160  treatment intervention program.—
  161         (1)(a) A person who is charged with a misdemeanor for
  162  possession of a controlled substance or drug paraphernalia under
  163  chapter 893, and who has not previously been convicted of a
  164  felony nor been admitted to a pretrial program, is eligible for
  165  voluntary admission into a misdemeanor pretrial substance abuse
  166  education and treatment intervention program, including a
  167  treatment-based drug court program established pursuant to s.
  168  397.334, approved by the chief judge of the circuit, for a
  169  period based on the program requirements and the treatment plan
  170  for the offender, upon motion of either party or the court’s own
  171  motion, except, if the state attorney believes the facts and
  172  circumstances of the case suggest the defendant is involved in
  173  dealing and selling controlled substances, the court shall hold
  174  a preadmission hearing. If the state attorney establishes, by a
  175  preponderance of the evidence at such hearing, that the
  176  defendant was involved in dealing or selling controlled
  177  substances, the court shall deny the defendant’s admission into
  178  the pretrial intervention program.
  179         (b) While enrolled in a pretrial intervention program
  180  authorized by this section, the participant is subject to a
  181  coordinated strategy developed by a drug court team under s.
  182  397.334(4). The coordinated strategy may include a protocol of
  183  sanctions that may be imposed upon the participant for
  184  noncompliance with program rules. The protocol of sanctions may
  185  include, but is not limited to, placement in a substance abuse
  186  treatment program offered by a licensed service provider as
  187  defined in s. 397.311 or in a jail-based treatment program or
  188  serving a period of incarceration within the time limits
  189  established for contempt of court. The coordinated strategy must
  190  be provided in writing to the participant before the participant
  191  agrees to enter into a pretrial treatment-based drug court
  192  program or other pretrial intervention program. Any person whose
  193  charges are dismissed after successful completion of the
  194  treatment-based drug court program, if otherwise eligible, may
  195  have his or her arrest record and plea of nolo contendere to the
  196  dismissed charges expunged under s. 943.0585.
  197         (2)(a) A member or former member of the military forces of
  198  the United States who served in a combat theater and who suffers
  199  from posttraumatic stress disorder, traumatic brain injury,
  200  substance use disorder, or psychological problems as a result of
  201  that service who is charged with a misdemeanor is eligible for
  202  voluntary admission into a misdemeanor pretrial veterans’
  203  treatment intervention program approved by the chief judge of
  204  the circuit, for a period based on the program requirements and
  205  the treatment plan for the offender, upon motion of either party
  206  or the court’s own motion. However, the court may deny the
  207  defendant admission into a misdemeanor pretrial veterans’
  208  treatment intervention program if the defendant has previously
  209  entered a court-ordered veterans’ treatment program.
  210         (b) While enrolled in a pretrial intervention program
  211  authorized by this section, the participant is subject to a
  212  coordinated strategy developed by a veterans’ treatment
  213  intervention team. The coordinated strategy should be modeled
  214  after the therapeutic jurisprudence principles and key
  215  components in s. 397.334(4), with treatment specific to the
  216  needs of veterans. The coordinated strategy may include a
  217  protocol of sanctions that may be imposed upon the participant
  218  for noncompliance with program rules. The protocol of sanctions
  219  may include, but is not limited to, placement in a treatment
  220  program offered by a licensed service provider or in a jail
  221  based treatment program or serving a period of incarceration
  222  within the time limits established for contempt of court. The
  223  coordinated strategy must be provided in writing to the
  224  participant before the participant agrees to enter into a
  225  misdemeanor pretrial veterans’ treatment intervention program or
  226  other pretrial intervention program. Any person whose charges
  227  are dismissed after successful completion of the misdemeanor
  228  pretrial veterans’ treatment intervention program, if otherwise
  229  eligible, may have his or her arrest record and plea of nolo
  230  contendere to the dismissed charges expunged under s. 943.0585.
  231         (3)(2) At the end of the pretrial intervention period, the
  232  court shall consider the recommendation of the treatment program
  233  and the recommendation of the state attorney as to disposition
  234  of the pending charges. The court shall determine, by written
  235  finding, whether the defendant successfully completed the
  236  pretrial intervention program. Notwithstanding the coordinated
  237  strategy developed by a drug court team pursuant to s.
  238  397.334(4) or by the veterans’ treatment intervention team, if
  239  the court finds that the defendant has not successfully
  240  completed the pretrial intervention program, the court may order
  241  the person to continue in education and treatment or return the
  242  charges to the criminal docket for prosecution. The court shall
  243  dismiss the charges upon finding that the defendant has
  244  successfully completed the pretrial intervention program.
  245         (4)(3) Any public or private entity providing a pretrial
  246  substance abuse education and treatment program under this
  247  section shall contract with the county or appropriate
  248  governmental entity. The terms of the contract shall include,
  249  but not be limited to, the requirements established for private
  250  entities under s. 948.15(3). This requirement does not apply to
  251  services provided by the Department of Veterans’ Affairs or the
  252  United States Department of Veterans Affairs.
  253         Section 5. This act shall take effect July 1, 2011.