HB 1265 — Court-Ordered Treatment Programs

(b)or Aan veteransindividual treatmentwho courtis shalla createcurrent or former military member of a recordforeign allied country, who suffers from a military service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem, is eligible for voluntary admission into a pretrial veterans' treatment intervention program approved by the chief judge of the policiescircuit, andupon proceduresmotion adoptedof toeither implementparty subsectionsor (6)-(8).the court's own motion, except:

(6) KEY COMPONENTS OF VETERANS TREATMENT COURT.- (a) Each veterans treatment court shall adopt policies and procedures to implement the following key components, including:

IntegratingIf substancea abusedefendant andwas mentalpreviously healthoffered admission to a pretrial veterans' treatment services,intervention andprogram at any othertime relatedbefore treatmenttrial and rehabilitationthe servicesdefendant withrejected justicethat systemoffer caseon processing;the record, the court may deny the defendant's admission to such a program.

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hb1265-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1265 2019 2.

Using a nonadversarial approach in which prosecution and defense counsel promote public safety while protecting the due process rights of the defendants;

3.

Providing early identification of eligible defendants;

4.

Providing access to a continuum of substance abuse and mental health treatment services, and any other related treatment and rehabilitation services;

5.

Monitoring defendants for abstinence from alcohol and drugs by frequent testing;

6.

Directing coordinated strategies to increase the likelihood of each defendant's compliance with program requirements;

7.

Providing ongoing judicial interaction with each defendant;

8.

Monitoring and evaluating the achievement of each defendant's program goals;

9.

Continuing interdisciplinary education to promote effective veterans treatment court planning, implementation, and operations;

and 10.

Forging partnerships among the veterans treatment courts, the United States Department of Veterans Affairs, the Florida Department of Veterans' Affairs, public agencies, and community-based organizations to generate local support and enhance the effectiveness of the veterans treatment court.

(b) In adopting policies and procedures under this Page 4 of 9 CODING:

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hb1265-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1265 2019 section, the court shall consult nationally recognized best practices related to the key components.

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

1.

Refer a defendant with a medical or medication need to an appropriate health care provider;

ReferIf a defendant topreviously otherentered availablea services,court-ordered whichveterans' treatment program, the court may includedeny assistancethe withdefendant's housing,admission employment,into nutrition,the andpretrial education;veterans' treatment program.

Section 3.

ProvideParagraph a(a) defendantof accesssubsection to(2) aof mentorsection whoPage is3 aof servicemember5 orCODING: veteran;

4.

Integrate intervention, treatment, and counseling as part of the rehabilitative services offered to a defendant who has been a victim of domestic violence, sexual trauma, child abuse, or other trauma;

5.

Confer with the victim or alleged victim of the domestic violence offense that serves as the basis for the defendant's participation in the veterans treatment court;

6.

Evaluate and assess a defendant charged with a domestic violence offense and integrate specific counseling as part of the total rehabilitative services for the defendant;

7.

Monitor a defendant charged with a domestic violence offense to ensure compliance with a domestic violence protection Page 5 of 9 CODING:

hb1265-00hb1265-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1265 2019 order,948.16, noFlorida contactStatutes, order,is andamended prohibitionto onread: weapon possession;

948.16 Misdemeanor pretrial substance abuse education and 8.treatment intervention program;

Otherwisemisdemeanor encouragepretrial participationveterans' in the veterans treatment court.intervention program;

(b)misdemeanor Inpretrial adoptingmental policieshealth and procedures under this section, the court shallprogram.— consult(2)(a) nationallyA recognizedveteran, bestas practicesdefined andin thes. experience of existing veterans treatment courts related to the key components.

(8)1.01, ELIGIBILITY.-including (a)a Aveteran defendantwho is eligibledischarged toor participatereleased inunder a veteransgeneral treatmentdischarge, courtor if:servicemember, as defined in s.

1.250.01;

Thean defendantindividual haswho is a mentalcurrent healthor condition,former traumaticUnited brainStates injury,Department orof substanceDefense usecontractor; disorder;

2.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, and who is charged with a misdemeanor is eligible for voluntary admission into a misdemeanor pretrial veterans' treatment intervention program approved by the chief judge of the circuit, for a period based on the program's requirements and the treatment plan for the offender, upon motion of either party or the court's own motion.

TheHowever, defendantthe agreescourt onmay deny the courtdefendant recordadmission tointo entera themisdemeanor veteranspretrial veterans' treatment courtintervention voluntarilyprogram andif adherethe todefendant has previously entered a participantcourt-ordered agreement;veterans' treatment program.

andSection 3.4.

TheSubsection defendant's(2) participationof insection the948.21, veteransFlorida treatmentStatutes, court is inamended the interest of justice and of benefit to theread: defendant and the community, as determined by:

a.948.21 Condition of probation or community control;

ThePage prosecutor4 andof the5 court,CODING: with regard to pretrial diversion;

or b.

The court, with regard to all other matters.

(b) In making the determination under subparagraph (a)3., the prosecutor and the court shall consider:

1.

The nature and circumstances of the offense charged;

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hb1265-00hb1265-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1265 2019 2.military servicemembers, and veterans, and others.— (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.

Special1.01, characteristicsincluding a veteran who is discharged or circumstancesreleased ofunder thea defendant;general discharge, or servicemember, as defined in s.

3.250.01;

Thean defendant'sindividual criminalwho historyis anda whethercurrent theor defendantformer previouslyUnited participatedStates inDepartment aof veteransDefense treatmentcontractor; court or a similar program;

4.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.

WhetherSection the5. defendant's needs exceed treatment resources available to the veterans treatment court;

5.

The impact on the community of the defendant's participation and treatment in the veterans treatment court;

6.

Recommendations of any law enforcement agency involved in investigating or arresting the defendant;

7.

Special characteristics or circumstances of the victim or alleged victim;

8.

Any recommendation of the victim or alleged victim;

9.

Provision for and the likelihood of obtaining restitution from the defendant over the course of participation in the veterans treatment court;

10.

Mitigating circumstances;

and 11.

Other circumstances reasonably related to the defendant's case.

(c) In making the determination under paragraphs (10)(a) and (b) in a case in which a domestic violence offense serves as the basis for the defendant's participation in the veterans treatment court, the prosecutor and the court shall seek the recommendation of the victim or alleged victim of the offense.

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hb1265-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1265 2019 (9) PARTICIPANT AGREEMENT.-To participate in a veterans treatment court, the defendant must sign, and the court must approve, a participant agreement.

If admission to the veterans treatment court occurs before conviction, the prosecutor also must sign the participant agreement.

(10) VICTIM OF DOMESTIC VIOLENCE-.

(a) If a victim or alleged victim of a domestic violence offense that serves as the basis for the defendant's participation in a veterans treatment court can reasonably be located, the victim or alleged victim must be offered:

1.

Referral to services of domestic violence providers;

and 2.

Information on how to report an allegation of:

a.

An offense committed by the defendant;

or b.

A violation by the defendant of the participant agreement.

(b) The participation of the defendant in a veterans treatment court does not alter the rights of a victim or alleged victim of domestic violence under other provisions of law.

(11) MODIFICATION OR TERMINATION.-If a veterans treatment court determines after a hearing that a defendant has not complied with the participant agreement, the veterans treatment court may modify the participant agreement or terminate the defendant's participation in the program.

(12) COMPLETION OF THE PARTICIPANT AGREEMENT.-If a Page 8 of 9 CODING:

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hb1265-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1265 2019 veterans treatment court determines that a defendant has completed the requirements of the participant agreement, the court shall dispose of the charge that served as the basis of participation in the veterans treatment court in accordance with the participant agreement and any applicable plea agreement, court order, or judgment.

(13) ACCESS TO RECORDS.-The following shall not be considered a record for purposes of this section:

(a) A statement made or record submitted by a defendant in a veterans treatment court that is subject to 42 U.S.C.

s.

290dd-2, as amended, and 42 C.F.R.

part 2, as amended, regarding confidentiality.

(b) Any individually identifiable health information or record pertaining to a defendant in a veterans treatment court receiving substance abuse services that is subject to the privacy regulations adopted under the Health Insurance Portability and Accountability Act, 42 U.S.C.

s.

1320d-6, as amended, and 45 C.F.R.

parts 160, 162, and 164, as amended, and applicable state law.

(14) LIBERAL CONSTRUCTION.-The provisions of this section shall be liberally construed.

(15) NO RIGHT TO PARTICIPATE-This section does not create a right of a veteran or servicemember to participate in a veterans treatment court.

Section 2.

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