Florida 2020 Regular Session Status: In Committee

SB 1496 — Veterans Treatment Courts

Last action — Died in Appropriations

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Veterans Treatment Courts; Authorizing the establishment of veterans treatment courts by the chief judge of a judicial circuit; specifying eligibility requirements for participation in the program; providing factors that a court must consider in determining a defendant’s eligibility to participate; authorizing a court to impose a condition requiring a probationer or community controllee who is eligible to participate in a veterans treatment court to participate in certain treatment programs under certain circumstances, etc.

Bill Text

What changed in the latest version

336 added · 238 removed

336 line(s) added, 238 removed.

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Florida Senate - 2020 SB 1496 By Senator Lee 20-01536-20 20201496__ A bill to be entitled An act relating to veterans treatment courts;
Florida Senate - 2020 CS for SB 1496 By the Committee on Military and Veterans Affairs and Space;
creating s.
and Senator Lee 583-03552-20 20201496c1 A bill to be entitled An act relating to veterans treatment courts;
26.58, F.S.;
amending s.
providing a short title;
394.47891, F.S.;
authorizing certain courts to create and administer veterans treatment courts;
authorizing the establishment of veterans treatment courts by the chief judge of a judicial circuit;
providing eligibility criteria for participation in the veterans treatment court program;
specifying standards for admission into the program;
specifying program implementation procedures, components, and policies;
specifying required components and policies for the program;
specifying eligibility requirements for participation in the program;
providing factors that a court must consider in determining a defendant’s eligibility to participate;
exempting certain statements and information from recordkeeping requirements;
providing for construction;
providing for liberal construction;
specifying that the act does not create a right to participate in the program;
specifying that the act does not create a right to participate in a veterans treatment court;
amending ss.
43.51, 910.035, 948.06, 948.08, and 948.16, F.S.;
conforming provisions to changes made by the act;
amending s.
948.21, F.S.;
authorizing a court to impose a condition requiring a probationer or community controllee who is eligible to participate in a veterans treatment court to participate in certain treatment programs under certain circumstances;
specifying applicability of the act to participants in certain court programs in existence as of a specified date;
17 Be It Enacted by the Legislature of the State of Florida:
27 Be It Enacted by the Legislature of the State of Florida:
19 Section 1. Section 26.58, Florida Statutes, is created to read:
29 Section 1. Section 394.47891, Florida Statutes, is amended to read:
26.58 Florida Veterans Treatment Court Act.— (1) SHORT TITLE.—This act may be cited as the “Florida Veterans Treatment Court Act.” (2) LEGISLATIVE INTENT.—It is the intent of the Legislature to encourage and support the judicial circuits of the state, and other such agencies, local governments, interested public or private entities, and individuals, to create and maintain veterans treatment courts in each circuit.
394.47891 Military Veterans treatment and servicemembers court programs.— (1) LEGISLATIVE INTENT.—It is the intent of the Legislature to encourage and support the judicial circuits of the state, and other such agencies, local governments, interested public or private entities, and individuals, to create and maintain veterans treatment courts in each circuit.
The purpose of a veterans treatment court program is to address the underlying causes of a veteran’s involvement with the judicial system through the use of specialized dockets, multidisciplinary teams, and evidence-based treatment.
The purpose of a veterans treatment court program is to address the underlying causes of a servicemember’s or veteran’s involvement with the judicial system through the use of specialized dockets, multidisciplinary teams, and evidence-based treatment.
Veterans treatment courts depend on the leadership of judges or magistrates who are educated in the issues and science of veterans’ behaviors leading to court involvement and require a rigorous team effort to detect, discern, and assist veterans in correcting the behaviors and choices that led to the veterans’ court involvement.
Veterans treatment courts depend on the leadership of judges or magistrates who are educated in the issues and science of behaviors leading to court involvement and require a rigorous team effort to detect, discern, and assist servicemembers and veterans in correcting the behaviors and choices that led to the veterans’ court involvement.
This act intends to create a detailed statewide standard for the creation and operation of, and the procedures for, veterans treatment courts.
This section creates a detailed statewide standard for the creation and operation of, and procedures for, veterans treatment courts.
(3) DEFINITIONS.—For purposes of this section, the term:
(2) DEFINITIONS.—For purposes of this section, the term:
(a) “Defendant” means a veteran or servicemember who has been charged with a criminal offense.
(a) “Defendant” means a veteran or servicemember who has been charged with or convicted of a criminal offense.
(b) “Domestic violence” has the same meaning as in s.
(b) “Participant agreement” means the agreement as set forth in subsection (9) and any specific terms and conditions applicable to the defendant.
741.28(2).
The term includes any modifications made to the agreement under subsection (10).
(c) “Participant agreement” means the agreement as set forth in subsection (10) and any specific terms and conditions applicable to the defendant.
(c) “Servicemember” means:
The term includes any modifications made to the agreement under subsection (12).
(d) “Record,” except as provided in subsection (14), means information that is inscribed in a tangible or electronic format and is retrievable in perceivable form.
(e) “Servicemember” means:
3. A contractor for the United States Department of Defense;
3. A current or former contractor for the United States Department of Defense;
or 4. A military member of a foreign allied country.
or 4. A current or former military member of a foreign allied country.
(f) “Sign” has the same meaning as in s.
(d) “Veteran” means a person who has served in the military.
61.703(18).
(e) “Veterans treatment court” means a specialized docket administered by a court for veterans and servicemembers as set forth in this section.
(g) “State” means the state of Florida and includes a federally recognized Indian tribe.
(3) AUTHORIZATION.—The chief judge of each judicial circuit may establish a veterans treatment court.
(h) “Veteran” means a person who has served in the military.
(4) ADMISSION.—A defendant who meets the eligibility requirements under subsection (8) may be admitted to a veterans treatment court at any stage of a criminal proceeding.
(i) “Veterans treatment court” means the docket of a veteran or servicemember that is administered by a court as set forth in this section.
A defendant seeking to participate in a veterans treatment court must submit an application to the court.
(4) AUTHORIZATION.— (a) A court with jurisdiction in criminal cases may create and administer a veterans treatment court.
The court must review each application and determine whether the defendant meets the eligibility requirements in subsection (8).
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(b) A veterans treatment court may adjudicate misdemeanors and felonies.
(5) RECORD OF POLICIES AND PROCEDURES.—A veterans treatment court shall create a record of the policies and procedures adopted to implement subsections (6) and (7).
(c) The chief judge and state attorney of the circuit that is creating and administering the veterans treatment court:
(6) KEY COMPONENTS OF A VETERANS TREATMENT COURT.— (a) A veterans treatment court shall adopt policies and procedures to implement the following key components, including:
1. May issue administrative orders concerning the veterans treatment court.
1. Integrating substance abuse and mental health treatment services and any other related treatment and rehabilitation services with justice system case processing;
2. Have the exclusive authority to determine whether a veteran who has been dishonorably discharged, may participate in the veterans treatment court within the circuit.
2. Using a nonadversarial approach in which the state attorney and defense counsel promote public safety while protecting the due process rights of the defendant;
(5) ADMISSION.—A defendant in a criminal case who meets the eligibility requirements under subsection (9) may be admitted to a veterans treatment court at any stage of a criminal proceeding.
If a defense attorney chooses to have a case heard in a veterans treatment court, the defense attorney must submit an application to the state attorney.
The state attorney and the court must review each application for admission to the veterans treatment court using the eligibility requirements set forth in subsection (9) and determine whether the defendant meets the requirements.
(6) RECORD OF POLICIES AND PROCEDURES.— (a) Each veterans treatment court shall seek input from state attorneys and other interested persons in developing and adopting policies and procedures to implement subsections (7) and (8).
(b) A veterans treatment court shall create a record of the policies and procedures adopted to implement subsections (7) and (8).
(7) KEY COMPONENTS OF A VETERANS TREATMENT COURT.— (a) A veterans treatment court may adopt policies and procedures to implement the following key components, including:
1. Integrating substance abuse and mental health treatment services, and any other related treatment and rehabilitation services, with justice system case processing;
2. Using a nonadversarial approach in which the state attorney and defense counsel promote public safety while protecting the due process rights of the defendants;
(8) SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS TREATMENT COURTS.—A veterans treatment court may adopt supplemental policies and procedures to:
(7) SUPPLEMENTAL POLICIES AND PROCEDURES OF VETERANS TREATMENT COURTS.—A veterans treatment court may adopt supplemental policies and procedures to:
(a) Refer a defendant with a medical need to an appropriate health care provider or refer a defendant for appropriate assistance, including assistance with housing, employment, nutrition, mentoring, and education.
(a) Refer a defendant with a medical need to an appropriate health care provider or refer a defendant for other appropriate assistance, including assistance with housing, employment, nutrition, mentoring, and education.
(b) Address domestic violence offenses, including:
(b) Otherwise encourage participation in the veterans treatment court.
1. Referring a defendant who has been a victim of domestic violence, sexual trauma, child abuse, or other trauma to appropriate rehabilitative services;
(8) ELIGIBILITY.— (a) A defendant may participate in a veterans treatment court if:
2. Conferring 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;
1. The defendant has a military-related mental health condition, traumatic brain injury, substance use disorder, or psychological problem;
3. Evaluating and assessing a defendant charged with a domestic violence offense and integrating specific counseling as part of the total rehabilitative services for the defendant;
2. The defendant voluntarily agrees to the terms of the participation agreement by signing the agreement;
and 4. Monitoring a defendant charged with a domestic violence offense to ensure compliance with a domestic violence protection order, a no contact order, and any prohibition on weapon possession.
and 3. The defendant’s participation in the veterans treatment court is in the interests of justice, the defendant, and the community, as determined by the court.
(c) Otherwise encourage participation in the veterans treatment court.
(b) In making the determination under subparagraph (a)3., the court must consider:
(9) ELIGIBILITY.— (a) A defendant may participate in a veterans treatment court if:
1. The defendant has a mental health condition, traumatic brain injury, or substance use disorder;
2. The defendant agrees on the court record to enter the veterans treatment court voluntarily and adhere to a participant agreement;
and 3. The defendant’s participation in the veterans treatment court is in the interest of justice and of benefit to the defendant and the community, as determined by:
a. The state attorney 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 state attorney and the court shall consider:
2. Special characteristics or circumstances of the defendant;
2. The recommendation of the state attorney;
3. The defendant’s criminal history and whether the defendant previously participated in a veterans treatment court or a similar program;
3. The special characteristics or circumstances of the defendant and any victim or alleged victim, including any recommendation of the victim or alleged victim;
4. Whether the defendant’s needs exceed treatment resources available to the veterans treatment court;
4. The defendant’s criminal history and whether the defendant previously participated in a veterans treatment court or similar program;
5. The impact on the community of the defendant’s participation and treatment in the veterans treatment court;
5. Whether the defendant’s needs exceed the treatment resources available through the veterans treatment court;
6. Recommendations of any law enforcement agency involved in investigating or arresting the defendant;
6. The impact on the community of the defendant’s participation and treatment in the veterans treatment court;
7. Special characteristics or circumstances of the victim or alleged victim;
7. Recommendations of any law enforcement agency involved in investigating or arresting the defendant;
8. Any recommendation of the victim or alleged victim;
8. If the defendant owes restitution, the likelihood of payment during the defendant’s participation in the veterans treatment court;
9. Provision for and the likelihood of obtaining restitution from the defendant over the course of participation in the veterans treatment court;
9. Any mitigating circumstances;
10. Mitigating circumstances;
and 10. Any other circumstances reasonably related to the defendant’s case.
and 11. Other circumstances reasonably related to the defendant’s case.
(9) PARTICIPANT AGREEMENT.—To participate in a veterans treatment court, the defendant must sign, and the court must approve, a participant agreement.
(c) In making the determination under paragraphs (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 state attorney and the court shall seek the recommendation of the victim or alleged victim of the offense.
(10) MODIFICATION OR TERMINATION.—If a veterans treatment court determines after a hearing that a defendant has not complied with the participant agreement, the court may modify or revoke the defendant’s participation in the program.
(10) PARTICIPANT AGREEMENT.—To participate in a veterans treatment court, the defendant must sign, and the court must approve, a participant agreement.
(11) COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans treatment court determines that a defendant has completed the requirements of the participant agreement, the court shall dispose of the charge or charges 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.
If admission to the veterans treatment court occurs before conviction, the prosecutor must sign the participant agreement.
(12) LIBERAL CONSTRUCTION.—The provisions of this section shall be liberally construed.
(11) 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:
(13) NO RIGHT TO PARTICIPATE.—This section does not create a right of a veteran or servicemember to participate in a veterans treatment court The chief judge of each judicial circuit may establish a Military Veterans and Servicemembers Court Program under which veterans, as defined in s.
1. Referral to services of domestic violence providers;
1.01;
and 2. Information on how to report an allegation of:
veterans who were discharged or released under any condition;
a. An offense committed by the defendant;
servicemembers, as defined in s.
or b. A violation by the defendant of the participant agreement.
250.01;
(b) The participation by 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.
individuals who are current or former United States Department of Defense contractors;
(12) 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 or revoke the defendant’s participation in the program.
and individuals who are current or former military members of a foreign allied country, who are charged or convicted of a criminal offense, and who suffer from a military related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem can be sentenced in accordance with chapter 921 in a manner that appropriately addresses the severity of the mental illness, traumatic brain injury, substance abuse disorder, or psychological problem through services tailored to the individual needs of the participant.
(13) COMPLETION OF THE PARTICIPANT AGREEMENT.—If a veterans treatment court determines that a defendant has completed the requirements of the participant agreement, the court must 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.
Entry into any Military Veterans and Servicemembers Court Program must be based upon the sentencing court’s assessment of the defendant’s criminal history, military service, substance abuse treatment needs, mental health treatment needs, amenability to the services of the program, the recommendation of the state attorney and the victim, if any, and the defendant’s agreement to enter the program.
(14) ACCESS TO RECORDS.—The following are not considered a record for purposes of this section:
Section 2. Subsection (2) of section 43.51, Florida Statutes, is amended to read:
(a) A statement made or record submitted by a defendant in a veterans treatment court which is subject to 42 U.S.C.
43.51 Problem-solving court reports.— (2) For purposes of this section, the term “problem-solving court” includes, but is not limited to, a drug court pursuant to s.
s.
397.334, s.
290dd-2, as amended, and 42 C.F.R.
948.01, s.
part 2, as amended, regarding confidentiality.
948.06, s.
(b) Any individually identifiable health information or record pertaining to a defendant in a veterans treatment court who is receiving substance abuse services which is subject to the privacy regulations adopted under the Health Insurance Portability and Accountability Act, 42 U.S.C.
948.08, s.
s.
948.16, or s.
1320d-6, as amended, and 45 C.F.R.
948.20;
parts 160, 162, and 164, as amended, and applicable state law.
a veterans treatment military veterans’ and servicemembers’ court pursuant to s.
(15) LIBERAL CONSTRUCTION.—The provisions of this section shall be liberally construed.
394.47891, s.
(16) RIGHT TO PARTICIPATE.—This section does not create a right of a veteran or servicemember to participate in a veterans treatment court.
948.08, s.
Section 2. This act shall take effect July 1, 2020.
948.16, or s.
948.21;
a mental health court program pursuant to s.
394.47892, s.
948.01, s.
948.06, s.
948.08, or s.
948.16;
a community court pursuant to s.
948.081;
or a delinquency pretrial intervention court program pursuant to s.
985.345.
Section 3. Paragraph (a) of subsection (5) of section 910.035, Florida Statutes, is amended to read:
910.035 Transfer from county for plea, sentence, or participation in a problem-solving court.— (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.— (a) For purposes of this subsection, the term “problem solving court” means a drug court pursuant to s.
948.01, s.
948.06, s.
948.08, s.
948.16, or s.
948.20;
a veterans treatment military veterans’ and servicemembers’ court pursuant to s.
394.47891, s.
948.08, s.
948.16, or s.
948.21;
a mental health court program pursuant to s.
394.47892, s.
948.01, s.
948.06, s.
948.08, or s.
948.16;
or a delinquency pretrial intervention court program pursuant to s.
985.345.
Section 4. Paragraph (k) of subsection (2) of section 948.06, Florida Statutes, is amended to read:
948.06 Violation of probation or community control;
revocation;
modification;
continuance;
failure to pay restitution or cost of supervision.— (2) (k)1. Notwithstanding s.
921.0024 and effective for offenses committed on or after July 1, 2016, the court may order the offender to successfully complete a postadjudicatory mental health court program under s.
394.47892 or a veterans treatment military veterans and servicemembers court program under s.
394.47891 if:
a. The court finds or the offender admits that the offender has violated his or her community control or probation;
b. The underlying offense is a nonviolent felony.
As used in this subsection, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s.
776.08.
Offenders charged with resisting an officer with violence under s.
843.01, battery on a law enforcement officer under s.
784.07, or aggravated assault may participate in the mental health court program if the court so orders after the victim is given his or her right to provide testimony or written statement to the court as provided in s.
921.143;
c. The court determines that the offender is amenable to the services of a postadjudicatory mental health court program, including taking prescribed medications, or a veterans treatment military veterans and servicemembers court program;
d. The court explains the purpose of the program to the offender and the offender agrees to participate;
and e. The offender is otherwise qualified to participate in a postadjudicatory mental health court program under s.
394.47892(4) or a veterans treatment military veterans and servicemembers court program under s.
394.47891.
2. After the court orders the modification of community control or probation, the original sentencing court shall relinquish jurisdiction of the offender’s case to the postadjudicatory mental health court program until the offender is no longer active in the program, the case is returned to the sentencing court due to the offender’s termination from the program for failure to comply with the terms thereof, or the offender’s sentence is completed.
Section 5. Paragraph (a) of subsection (7) of section 948.08, Florida Statutes, is amended to read:
948.08 Pretrial intervention program.— (7)(a) Notwithstanding any provision of this section, a person who is charged with a felony, other than a felony listed in s.
948.06(8)(c), and who is identified as a veteran or a servicemember, as defined in s.
394.47891, and is otherwise qualified to participate in a veterans treatment court under s.
394.47891 s.
1.01;
a veteran who is discharged or released under any condition;
a servicemember, as defined in s.
250.01;
an individual who is a current or former United States Department of Defense contractor;
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 is eligible for voluntary admission into a pretrial veterans’ treatment intervention program approved by the chief judge of the circuit, upon motion of either party or the court’s own motion, except:
1. If a defendant was previously offered admission to a pretrial veterans’ treatment intervention program at any time before trial and the defendant rejected that offer on the record, the court may deny the defendant’s admission to such a program.
2. If a defendant previously entered a court-ordered veterans’ treatment program, the court may deny the defendant’s admission into the pretrial veterans’ treatment program.
Section 6. Paragraph (a) of subsection (2) of section 948.16, Florida Statutes, is amended to read:
948.16 Misdemeanor pretrial substance abuse education and treatment intervention program;
misdemeanor pretrial veterans’ treatment intervention program;
misdemeanor pretrial mental health court program.— (2)(a) A veteran or a servicemember, as defined in s.
394.47891, who is otherwise qualified to participate in a veterans treatment court under that section s.
1.01;
a veteran who is discharged or released under any condition;
a servicemember, as defined in s.
250.01;
an individual who is a current or former United States Department of Defense contractor;
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.
However, the court may deny the defendant admission into a misdemeanor pretrial veterans’ treatment intervention program if the defendant has previously entered a court-ordered veterans’ treatment program.
Section 7. Present subsection (4) of section 948.21, Florida Statutes, is renumbered as subsection (5), and a new subsection (4) is added to that section, to read:
948.21 Condition of probation or community control;
military servicemembers and veterans.— (4) Effective for a probationer or community controllee whose crime is committed on or after October 1, 2020, and is a veteran or a servicemember as defined in s.
394.47891, who is otherwise qualified to participate in a veterans treatment court under s.
394.47891, 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 use disorder, or psychological problem.
Section 8. A Military Veterans and Servicemembers Court Program in operation under s.
394.47891, Florida Statutes, as of June 30, 2020, may continue to operate but must comply with the amendments made by this act to that section.
This act does not affect or alter the rights or responsibilities of any person who, as of June 30, 2020, was admitted to and participating in a Military Veterans and Servicemembers Court Program established under s.
394.47891, Florida Statutes.
Section 9. This act shall take effect July 1, 2020.
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Action History

  1. Died in Appropriations

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Appropriations

  4. Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Criminal and Civil Justice; YEAS 7 NAYS 0

  5. On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 02/25/20, 9:00 am, 37 Senate Building

  6. CS by Military and Veterans Affairs and Space read 1st time

  7. Now in Appropriations Subcommittee on Criminal and Civil Justice

  8. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  9. CS by Military and Veterans Affairs and Space; YEAS 7 NAYS 0

  10. On Committee agenda-- Military and Veterans Affairs and Space, 02/12/20, 4:00 pm, 37 Senate Building

  11. Introduced

  12. Referred to Military and Veterans Affairs and Space; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations

  13. Filed

Sponsors

  • Lee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Lee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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Frequently asked questions

What does SB 1496 do?
Veterans Treatment Courts; Authorizing the establishment of veterans treatment courts by the chief judge of a judicial circuit; specifying eligibility requirements for participation in the program; providing factors that a court must consider in determining a defendant’s eligibility to participate; authorizing a court to impose a condition requiring a probationer or community controllee who is eligible to participate in a veterans treatment court to participate in certain treatment programs under certain circumstances, etc.
Who sponsors SB 1496?
SB 1496 is sponsored by Lee.
What is the current status of SB 1496?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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