Bill Text: FL S0910 | 2019 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Court-ordered Treatment Programs

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-10 - Chapter No. 2019-61, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0910 Detail]

Download: Florida-2019-S0910-Introduced.html
       Florida Senate - 2019                                     SB 910
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-00872-19                                             2019910__
    1                        A bill to be entitled                      
    2         An act relating to court-ordered treatment programs;
    3         amending s. 394.47891, F.S.; providing that veterans
    4         who were discharged or released under any condition,
    5         individuals who are current or former United States
    6         Department of Defense contractors, and individuals who
    7         are current or former military members of a foreign
    8         allied country are eligible in a certain Military
    9         Veterans and Servicemembers Court Program; amending s.
   10         948.08, F.S.; authorizing a person who is charged with
   11         a certain felony and identified as a veteran who is
   12         discharged or released under any condition, an
   13         individual who is a current or former United States
   14         Department of Defense contractor, or an individual who
   15         is a current or former military member of a foreign
   16         allied country to be eligible for voluntary admission
   17         into a pretrial veterans’ treatment intervention
   18         program under certain circumstances; amending s.
   19         948.16, F.S.; authorizing a veteran who is discharged
   20         or released under any condition, an individual who is
   21         a current or former United States Department of
   22         Defense contractor, or an individual who is a current
   23         or former military member of a foreign allied country
   24         and who is charged with a misdemeanor to be eligible
   25         for voluntary admission into a misdemeanor pretrial
   26         veterans’ treatment intervention program under certain
   27         circumstances; amending s. 948.21, F.S.; authorizing
   28         the court to impose a condition requiring a
   29         probationer or community controllee who is a veteran
   30         discharged or released under any condition, an
   31         individual who is a current or former United States
   32         Department of Defense contractor, or an individual who
   33         is a current or former military member of a foreign
   34         allied country to participate in a certain treatment
   35         program under certain circumstances; providing an
   36         effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 394.47891, Florida Statutes, is amended
   41  to read:
   42         394.47891 Military veterans and servicemembers court
   43  programs.—The chief judge of each judicial circuit may establish
   44  a Military Veterans and Servicemembers Court Program under which
   45  veterans, as defined in s. 1.01;, including veterans who were
   46  discharged or released under any condition; a general discharge,
   47  and servicemembers, as defined in s. 250.01; individuals who are
   48  current or former United States Department of Defense
   49  contractors; and individuals who are current or former military
   50  members of a foreign allied country, who are charged or
   51  convicted of a criminal offense, and who suffer from a military
   52  related mental illness, traumatic brain injury, substance abuse
   53  disorder, or psychological problem can be sentenced in
   54  accordance with chapter 921 in a manner that appropriately
   55  addresses the severity of the mental illness, traumatic brain
   56  injury, substance abuse disorder, or psychological problem
   57  through services tailored to the individual needs of the
   58  participant. Entry into any Military Veterans and Servicemembers
   59  Court Program must be based upon the sentencing court’s
   60  assessment of the defendant’s criminal history, military
   61  service, substance abuse treatment needs, mental health
   62  treatment needs, amenability to the services of the program, the
   63  recommendation of the state attorney and the victim, if any, and
   64  the defendant’s agreement to enter the program.
   65         Section 2. Paragraph (a) of subsection (7) of section
   66  948.08, Florida Statutes, is amended to read:
   67         948.08 Pretrial intervention program.—
   68         (7)(a) Notwithstanding any provision of this section, a
   69  person who is charged with a felony, other than a felony listed
   70  in s. 948.06(8)(c), and identified as a veteran, as defined in
   71  s. 1.01;, including a veteran who is discharged or released
   72  under any condition; a general discharge, or servicemember, as
   73  defined in s. 250.01; an individual who is a current or former
   74  United States Department of Defense contractor; or an individual
   75  who is a current or former military member of a foreign allied
   76  country, who suffers from a military service-related mental
   77  illness, traumatic brain injury, substance abuse disorder, or
   78  psychological problem, is eligible for voluntary admission into
   79  a pretrial veterans’ treatment intervention program approved by
   80  the chief judge of the circuit, upon motion of either party or
   81  the court’s own motion, except:
   82         1. If a defendant was previously offered admission to a
   83  pretrial veterans’ treatment intervention program at any time
   84  before trial and the defendant rejected that offer on the
   85  record, the court may deny the defendant’s admission to such a
   86  program.
   87         2. If a defendant previously entered a court-ordered
   88  veterans’ treatment program, the court may deny the defendant’s
   89  admission into the pretrial veterans’ treatment program.
   90         Section 3. Paragraph (a) of subsection (2) of section
   91  948.16, Florida Statutes, is amended to read:
   92         948.16 Misdemeanor pretrial substance abuse education and
   93  treatment intervention program; misdemeanor pretrial veterans’
   94  treatment intervention program; misdemeanor pretrial mental
   95  health court program.—
   96         (2)(a) A veteran, as defined in s. 1.01;, including a
   97  veteran who is discharged or released under any condition; a
   98  general discharge, or servicemember, as defined in s. 250.01; an
   99  individual who is a current or former United States Department
  100  of Defense contractor; or an individual who is a current or
  101  former military member of a foreign allied country, who suffers
  102  from a military service-related mental illness, traumatic brain
  103  injury, substance abuse disorder, or psychological problem, and
  104  who is charged with a misdemeanor is eligible for voluntary
  105  admission into a misdemeanor pretrial veterans’ treatment
  106  intervention program approved by the chief judge of the circuit,
  107  for a period based on the program’s requirements and the
  108  treatment plan for the offender, upon motion of either party or
  109  the court’s own motion. However, the court may deny the
  110  defendant admission into a misdemeanor pretrial veterans’
  111  treatment intervention program if the defendant has previously
  112  entered a court-ordered veterans’ treatment program.
  113         Section 4. Subsection (2) of section 948.21, Florida
  114  Statutes, is amended to read:
  115         948.21 Condition of probation or community control;
  116  military servicemembers and veterans.—
  117         (2) Effective for a probationer or community controllee
  118  whose crime is committed on or after July 1, 2016, and who is a
  119  veteran, as defined in s. 1.01;, including a veteran who is
  120  discharged or released under any condition; a general discharge,
  121  or servicemember, as defined in s. 250.01; an individual who is
  122  a current or former United States Department of Defense
  123  contractor; or an individual who is a current or former military
  124  member of a foreign allied country, who suffers from a military
  125  service-related mental illness, traumatic brain injury,
  126  substance abuse disorder, or psychological problem, the court
  127  may, in addition to any other conditions imposed, impose a
  128  condition requiring the probationer or community controllee to
  129  participate in a treatment program capable of treating the
  130  probationer or community controllee’s mental illness, traumatic
  131  brain injury, substance abuse disorder, or psychological
  132  problem.
  133         Section 5. This act shall take effect October 1, 2020.

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