Florida Senate - 2016 CS for CS for SB 604
By the Committees on Appropriations; and Judiciary; and Senators
Diaz de la Portilla, Hutson, and Gaetz
576-04804-16 2016604c2
1 A bill to be entitled
2 An act relating to mental health services in the
3 criminal justice system; amending ss. 39.001, 39.507,
4 and 39.521, F.S.; conforming provisions to changes
5 made by the act; amending s. 394.4655, F.S.; defining
6 the terms “court” and “criminal county court” for
7 purposes of involuntary outpatient placement;
8 conforming provisions to changes made by act; amending
9 ss. 394.4599 and 394.463, F.S.; conforming provisions
10 to changes made by act; conforming cross-references;
11 amending s. 394.455 and 394.4615, F.S.; conforming
12 cross-references; amending s. 394.47891, F.S.;
13 expanding eligibility for military veterans and
14 servicemembers court programs; creating s. 394.47892,
15 F.S.; authorizing the creation of treatment-based
16 mental health court programs; providing for
17 eligibility; providing program requirements; providing
18 for an advisory committee; amending s. 790.065, F.S.;
19 conforming a provision to changes made by this act;
20 amending s. 910.035, F.S.; revising the definition of
21 the term “problem-solving court”; creating s. 916.185,
22 F.S.; creating the Forensic Hospital Diversion Pilot
23 Program; providing legislative findings and intent;
24 providing definitions; authorizing the Department of
25 Children and Families to implement a Forensic Hospital
26 Diversion Pilot Program in specified judicial
27 circuits; authorizing the department to request
28 specified budget amendments; providing for eligibility
29 for the program; providing legislative intent
30 concerning training; authorizing rulemaking; amending
31 s. 948.001, F.S.; defining the term “mental health
32 probation”; amending ss. 948.01 and 948.06, F.S.;
33 authorizing courts to order certain offenders on
34 probation or community control to postadjudicatory
35 mental health court programs; amending s. 948.08,
36 F.S.; expanding eligibility requirements for certain
37 pretrial intervention programs; providing for
38 voluntary admission into a pretrial mental health
39 court program; creating s. 916.185, F.S.; creating the
40 Forensic Hospital Diversion Pilot Program; providing
41 legislative findings and intent; providing
42 definitions; requiring the Department of Children and
43 Families to implement a Forensic Hospital Diversion
44 Pilot Program in specified judicial circuits;
45 providing for eligibility for the program; providing
46 legislative intent concerning training; authorizing
47 rulemaking; amending ss. 948.01 and 948.06, F.S.;
48 providing for courts to order certain defendants on
49 probation or community control to postadjudicatory
50 mental health court programs; amending s. 948.08,
51 F.S.; expanding eligibility requirements for certain
52 pretrial intervention programs; providing for
53 voluntary admission into pretrial mental health court
54 program; amending s. 948.16, F.S.; expanding
55 eligibility of veterans for a misdemeanor pretrial
56 veterans’ treatment intervention program; providing
57 eligibility of misdemeanor defendants for a
58 misdemeanor pretrial mental health court program;
59 amending s. 948.21, F.S.; expanding veterans’
60 eligibility for participating in treatment programs
61 while on court-ordered probation or community control;
62 amending s. 985.345, F.S.; authorizing delinquency
63 pretrial mental health court intervention programs for
64 certain juvenile offenders; providing for disposition
65 of pending charges after completion of the program;
66 authorizing expunction of specified criminal history
67 records after successful completion of the program;
68 reenacting s. 397.334(3)(a) and (5), F.S., relating to
69 treatment-based drug court programs, to incorporate
70 the amendments made by the act to ss. 948.01 and
71 948.06, F.S., in references thereto; reenacting s.
72 948.012(2)(b), F.S., relating to split sentence
73 probation or community control and imprisonment, to
74 incorporate the amendment made by the act to s.
75 948.06, F.S., in a reference thereto; providing an
76 effective date.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Subsection (6) of section 39.001, Florida
81 Statutes, is amended to read:
82 39.001 Purposes and intent; personnel standards and
83 screening.—
84 (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
85 (a) The Legislature recognizes that early referral and
86 comprehensive treatment can help combat mental illnesses and
87 substance abuse disorders in families and that treatment is
88 cost-effective.
89 (b) The Legislature establishes the following goals for the
90 state related to mental illness and substance abuse treatment
91 services in the dependency process:
92 1. To ensure the safety of children.
93 2. To prevent and remediate the consequences of mental
94 illnesses and substance abuse disorders on families involved in
95 protective supervision or foster care and reduce the occurrences
96 of mental illnesses and substance abuse disorders, including
97 alcohol abuse or related disorders, for families who are at risk
98 of being involved in protective supervision or foster care.
99 3. To expedite permanency for children and reunify healthy,
100 intact families, when appropriate.
101 4. To support families in recovery.
102 (c) The Legislature finds that children in the care of the
103 state’s dependency system need appropriate health care services,
104 that the impact of mental illnesses and substance abuse
105 disorders on health indicates the need for health care services
106 to include treatment for mental health and substance abuse
107 disorders for services to children and parents, where
108 appropriate, and that it is in the state’s best interest that
109 such children be provided the services they need to enable them
110 to become and remain independent of state care. In order to
111 provide these services, the state’s dependency system must have
112 the ability to identify and provide appropriate intervention and
113 treatment for children with personal or family-related mental
114 illness and substance abuse problems.
115 (d) It is the intent of the Legislature to encourage the
116 use of the mental health court program model established under
117 s. 394.47892 and the drug court program model established under
118 by s. 397.334 and authorize courts to assess children and
119 persons who have custody or are requesting custody of children
120 where good cause is shown to identify and address mental
121 illnesses and substance abuse disorders problems as the court
122 deems appropriate at every stage of the dependency process.
123 Participation in treatment, including a mental health court
124 program or a treatment-based drug court program, may be required
125 by the court following adjudication. Participation in assessment
126 and treatment before prior to adjudication is shall be
127 voluntary, except as provided in s. 39.407(16).
128 (e) It is therefore the purpose of the Legislature to
129 provide authority for the state to contract with mental health
130 service providers and community substance abuse treatment
131 providers for the development and operation of specialized
132 support and overlay services for the dependency system, which
133 will be fully implemented and used as resources permit.
134 (f) Participation in a mental health court program or a the
135 treatment-based drug court program does not divest any public or
136 private agency of its responsibility for a child or adult, but
137 is intended to enable these agencies to better meet their needs
138 through shared responsibility and resources.
139 Section 2. Subsection (10) of section 39.507, Florida
140 Statutes, is amended to read:
141 39.507 Adjudicatory hearings; orders of adjudication.—
142 (10) After an adjudication of dependency, or a finding of
143 dependency where adjudication is withheld, the court may order a
144 person who has custody or is requesting custody of the child to
145 submit to a mental health or substance abuse disorder assessment
146 or evaluation. The assessment or evaluation must be administered
147 by a qualified professional, as defined in s. 397.311. The court
148 may also require such person to participate in and comply with
149 treatment and services identified as necessary, including, when
150 appropriate and available, participation in and compliance with
151 a mental health court program established under s. 394.47892 or
152 a treatment-based drug court program established under s.
153 397.334. In addition to supervision by the department, the
154 court, including the mental health court program or treatment
155 based drug court program, may oversee the progress and
156 compliance with treatment by a person who has custody or is
157 requesting custody of the child. The court may impose
158 appropriate available sanctions for noncompliance upon a person
159 who has custody or is requesting custody of the child or make a
160 finding of noncompliance for consideration in determining
161 whether an alternative placement of the child is in the child’s
162 best interests. Any order entered under this subsection may be
163 made only upon good cause shown. This subsection does not
164 authorize placement of a child with a person seeking custody,
165 other than the parent or legal custodian, who requires mental
166 health or substance abuse disorder treatment.
167 Section 3. Paragraph (b) of subsection (1) of section
168 39.521, Florida Statutes, is amended to read:
169 39.521 Disposition hearings; powers of disposition.—
170 (1) A disposition hearing shall be conducted by the court,
171 if the court finds that the facts alleged in the petition for
172 dependency were proven in the adjudicatory hearing, or if the
173 parents or legal custodians have consented to the finding of
174 dependency or admitted the allegations in the petition, have
175 failed to appear for the arraignment hearing after proper
176 notice, or have not been located despite a diligent search
177 having been conducted.
178 (b) When any child is adjudicated by a court to be
179 dependent, the court having jurisdiction of the child has the
180 power by order to:
181 1. Require the parent and, when appropriate, the legal
182 custodian and the child to participate in treatment and services
183 identified as necessary. The court may require the person who
184 has custody or who is requesting custody of the child to submit
185 to a mental health or substance abuse disorder assessment or
186 evaluation. The assessment or evaluation must be administered by
187 a qualified professional, as defined in s. 397.311. The court
188 may also require such person to participate in and comply with
189 treatment and services identified as necessary, including, when
190 appropriate and available, participation in and compliance with
191 a mental health court program established under s. 394.47892 or
192 a treatment-based drug court program established under s.
193 397.334. In addition to supervision by the department, the
194 court, including the mental health court program or the
195 treatment-based drug court program, may oversee the progress and
196 compliance with treatment by a person who has custody or is
197 requesting custody of the child. The court may impose
198 appropriate available sanctions for noncompliance upon a person
199 who has custody or is requesting custody of the child or make a
200 finding of noncompliance for consideration in determining
201 whether an alternative placement of the child is in the child’s
202 best interests. Any order entered under this subparagraph may be
203 made only upon good cause shown. This subparagraph does not
204 authorize placement of a child with a person seeking custody of
205 the child, other than the child’s parent or legal custodian, who
206 requires mental health or substance abuse disorder treatment.
207 2. Require, if the court deems necessary, the parties to
208 participate in dependency mediation.
209 3. Require placement of the child either under the
210 protective supervision of an authorized agent of the department
211 in the home of one or both of the child’s parents or in the home
212 of a relative of the child or another adult approved by the
213 court, or in the custody of the department. Protective
214 supervision continues until the court terminates it or until the
215 child reaches the age of 18, whichever date is first. Protective
216 supervision shall be terminated by the court whenever the court
217 determines that permanency has been achieved for the child,
218 whether with a parent, another relative, or a legal custodian,
219 and that protective supervision is no longer needed. The
220 termination of supervision may be with or without retaining
221 jurisdiction, at the court’s discretion, and shall in either
222 case be considered a permanency option for the child. The order
223 terminating supervision by the department shall set forth the
224 powers of the custodian of the child and shall include the
225 powers ordinarily granted to a guardian of the person of a minor
226 unless otherwise specified. Upon the court’s termination of
227 supervision by the department, no further judicial reviews are
228 required, so long as permanency has been established for the
229 child.
230 Section 4. Subsections (1) through (7) of section 394.4655,
231 Florida Statutes, are renumbered as subsections (2) through (8),
232 respectively, paragraph (b) of present subsection (3), paragraph
233 (b) of present subsection (6), and paragraphs (a) and (c) of
234 present subsection (7) are amended, and a new subsection (1) is
235 added to that section, to read:
236 394.4655 Involuntary outpatient placement.—
237 (1) DEFINITIONS.—As used in this section, the term:
238 (a) “Court” means a circuit court or a criminal county
239 court.
240 (b) “Criminal county court” means a county court exercising
241 its original jurisdiction in a misdemeanor case under s. 34.01.
242 (4)(3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
243 (b) Each required criterion for involuntary outpatient
244 placement must be alleged and substantiated in the petition for
245 involuntary outpatient placement. A copy of the certificate
246 recommending involuntary outpatient placement completed by a
247 qualified professional specified in subsection (3) (2) must be
248 attached to the petition. A copy of the proposed treatment plan
249 must be attached to the petition. Before the petition is filed,
250 the service provider shall certify that the services in the
251 proposed treatment plan are available. If the necessary services
252 are not available in the patient’s local community to respond to
253 the person’s individual needs, the petition may not be filed.
254 (7)(6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
255 (b)1. If the court concludes that the patient meets the
256 criteria for involuntary outpatient placement pursuant to
257 subsection (2) (1), the court shall issue an order for
258 involuntary outpatient placement. The court order shall be for a
259 period of up to 6 months. The order must specify the nature and
260 extent of the patient’s mental illness. The order of the court
261 and the treatment plan shall be made part of the patient’s
262 clinical record. The service provider shall discharge a patient
263 from involuntary outpatient placement when the order expires or
264 any time the patient no longer meets the criteria for
265 involuntary placement. Upon discharge, the service provider
266 shall send a certificate of discharge to the court.
267 2. The court may not order the department or the service
268 provider to provide services if the program or service is not
269 available in the patient’s local community, if there is no space
270 available in the program or service for the patient, or if
271 funding is not available for the program or service. A copy of
272 the order must be sent to the Agency for Health Care
273 Administration by the service provider within 1 working day
274 after it is received from the court. After the placement order
275 is issued, the service provider and the patient may modify
276 provisions of the treatment plan. For any material modification
277 of the treatment plan to which the patient or the patient’s
278 guardian advocate, if appointed, does agree, the service
279 provider shall send notice of the modification to the court. Any
280 material modifications of the treatment plan which are contested
281 by the patient or the patient’s guardian advocate, if appointed,
282 must be approved or disapproved by the court consistent with
283 subsection (3) (2).
284 3. If, in the clinical judgment of a physician, the patient
285 has failed or has refused to comply with the treatment ordered
286 by the court, and, in the clinical judgment of the physician,
287 efforts were made to solicit compliance and the patient may meet
288 the criteria for involuntary examination, a person may be
289 brought to a receiving facility pursuant to s. 394.463. If,
290 after examination, the patient does not meet the criteria for
291 involuntary inpatient placement pursuant to s. 394.467, the
292 patient must be discharged from the receiving facility. The
293 involuntary outpatient placement order shall remain in effect
294 unless the service provider determines that the patient no
295 longer meets the criteria for involuntary outpatient placement
296 or until the order expires. The service provider must determine
297 whether modifications should be made to the existing treatment
298 plan and must attempt to continue to engage the patient in
299 treatment. For any material modification of the treatment plan
300 to which the patient or the patient’s guardian advocate, if
301 appointed, does agree, the service provider shall send notice of
302 the modification to the court. Any material modifications of the
303 treatment plan which are contested by the patient or the
304 patient’s guardian advocate, if appointed, must be approved or
305 disapproved by the court consistent with subsection (3) (2).
306 (8)(7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
307 PLACEMENT.—
308 (a)1. If the person continues to meet the criteria for
309 involuntary outpatient placement, the service provider shall,
310 before the expiration of the period during which the treatment
311 is ordered for the person, file in the circuit court that issued
312 the order for involuntary outpatient treatment a petition for
313 continued involuntary outpatient placement.
314 2. The existing involuntary outpatient placement order
315 remains in effect until disposition on the petition for
316 continued involuntary outpatient placement.
317 3. A certificate shall be attached to the petition which
318 includes a statement from the person’s physician or clinical
319 psychologist justifying the request, a brief description of the
320 patient’s treatment during the time he or she was involuntarily
321 placed, and an individualized plan of continued treatment.
322 4. The service provider shall develop the individualized
323 plan of continued treatment in consultation with the patient or
324 the patient’s guardian advocate, if appointed. When the petition
325 has been filed, the clerk of the court shall provide copies of
326 the certificate and the individualized plan of continued
327 treatment to the department, the patient, the patient’s guardian
328 advocate, the state attorney, and the patient’s private counsel
329 or the public defender.
330 (c) Hearings on petitions for continued involuntary
331 outpatient placement shall be before the circuit court that
332 issued the order for involuntary outpatient treatment. The court
333 may appoint a master to preside at the hearing. The procedures
334 for obtaining an order pursuant to this paragraph shall be in
335 accordance with subsection (7) (6), except that the time period
336 included in paragraph (2)(e) (1)(e) is not applicable in
337 determining the appropriateness of additional periods of
338 involuntary outpatient placement.
339 Section 5. Paragraph (d) of subsection (2) of section
340 394.4599, Florida Statutes, is amended to read:
341 394.4599 Notice.—
342 (2) INVOLUNTARY ADMISSION.—
343 (d) The written notice of the filing of the petition for
344 involuntary placement of an individual being held must contain
345 the following:
346 1. Notice that the petition for:
347 a. Involuntary inpatient treatment pursuant to s. 394.467
348 has been filed with the circuit court in the county in which the
349 individual is hospitalized and the address of such court; or
350 b. Involuntary outpatient treatment pursuant to s. 394.4655
351 has been filed with the criminal county court, as defined in s.
352 394.4655(1), or the circuit court, as applicable, in the county
353 in which the individual is hospitalized and the address of such
354 court.
355 2. Notice that the office of the public defender has been
356 appointed to represent the individual in the proceeding, if the
357 individual is not otherwise represented by counsel.
358 3. The date, time, and place of the hearing and the name of
359 each examining expert and every other person expected to testify
360 in support of continued detention.
361 4. Notice that the individual, the individual’s guardian,
362 guardian advocate, health care surrogate or proxy, or
363 representative, or the administrator may apply for a change of
364 venue for the convenience of the parties or witnesses or because
365 of the condition of the individual.
366 5. Notice that the individual is entitled to an independent
367 expert examination and, if the individual cannot afford such an
368 examination, that the court will provide for one.
369 Section 6. Paragraphs (g) and (i) of subsection (2) of
370 section 394.463, Florida Statutes, are amended to read:
371 394.463 Involuntary examination.—
372 (2) INVOLUNTARY EXAMINATION.—
373 (g) A person for whom an involuntary examination has been
374 initiated who is being evaluated or treated at a hospital for an
375 emergency medical condition specified in s. 395.002 must be
376 examined by a receiving facility within 72 hours. The 72-hour
377 period begins when the patient arrives at the hospital and
378 ceases when the attending physician documents that the patient
379 has an emergency medical condition. If the patient is examined
380 at a hospital providing emergency medical services by a
381 professional qualified to perform an involuntary examination and
382 is found as a result of that examination not to meet the
383 criteria for involuntary outpatient placement pursuant to s.
384 394.4655(2) 394.4655(1) or involuntary inpatient placement
385 pursuant to s. 394.467(1), the patient may be offered voluntary
386 placement, if appropriate, or released directly from the
387 hospital providing emergency medical services. The finding by
388 the professional that the patient has been examined and does not
389 meet the criteria for involuntary inpatient placement or
390 involuntary outpatient placement must be entered into the
391 patient’s clinical record. Nothing in this paragraph is intended
392 to prevent a hospital providing emergency medical services from
393 appropriately transferring a patient to another hospital prior
394 to stabilization, provided the requirements of s. 395.1041(3)(c)
395 have been met.
396 (i) Within the 72-hour examination period or, if the 72
397 hours ends on a weekend or holiday, no later than the next
398 working day thereafter, one of the following actions must be
399 taken, based on the individual needs of the patient:
400 1. The patient shall be released, unless he or she is
401 charged with a crime, in which case the patient shall be
402 returned to the custody of a law enforcement officer;
403 2. The patient shall be released, subject to the provisions
404 of subparagraph 1., for voluntary outpatient treatment;
405 3. The patient, unless he or she is charged with a crime,
406 shall be asked to give express and informed consent to placement
407 as a voluntary patient, and, if such consent is given, the
408 patient shall be admitted as a voluntary patient; or
409 4. A petition for involuntary placement shall be filed in
410 the circuit court if when outpatient or inpatient treatment is
411 deemed necessary or with the criminal county court, as defined
412 in s. 394.4655(1), as applicable. If When inpatient treatment is
413 deemed necessary, the least restrictive treatment consistent
414 with the optimum improvement of the patient’s condition shall be
415 made available. When a petition is to be filed for involuntary
416 outpatient placement, it shall be filed by one of the
417 petitioners specified in s. 394.4655(4)(a) 394.4655(3)(a). A
418 petition for involuntary inpatient placement shall be filed by
419 the facility administrator.
420 Section 7. Subsection (34) of section 394.455, Florida
421 Statutes, is amended to read:
422 394.455 Definitions.—As used in this part, unless the
423 context clearly requires otherwise, the term:
424 (34) “Involuntary examination” means an examination
425 performed under s. 394.463 to determine if an individual
426 qualifies for involuntary inpatient treatment under s.
427 394.467(1) or involuntary outpatient treatment under s.
428 394.4655(2) 394.4655(1).
429 Section 8. Subsection (3) of section 394.4615, Florida
430 Statutes, is amended to read:
431 394.4615 Clinical records; confidentiality.—
432 (3) Information from the clinical record may be released in
433 the following circumstances:
434 (a) When a patient has declared an intention to harm other
435 persons. When such declaration has been made, the administrator
436 may authorize the release of sufficient information to provide
437 adequate warning to the person threatened with harm by the
438 patient.
439 (b) When the administrator of the facility or secretary of
440 the department deems release to a qualified researcher as
441 defined in administrative rule, an aftercare treatment provider,
442 or an employee or agent of the department is necessary for
443 treatment of the patient, maintenance of adequate records,
444 compilation of treatment data, aftercare planning, or evaluation
445 of programs.
446
447 For the purpose of determining whether a person meets the
448 criteria for involuntary outpatient placement or for preparing
449 the proposed treatment plan pursuant to s. 394.4655, the
450 clinical record may be released to the state attorney, the
451 public defender or the patient’s private legal counsel, the
452 court, and to the appropriate mental health professionals,
453 including the service provider identified in s. 394.4655(7)(b)2.
454 394.4655(6)(b)2., in accordance with state and federal law.
455 Section 9. Section 394.47891, Florida Statutes, is amended
456 to read:
457 394.47891 Military veterans and servicemembers court
458 programs.—The chief judge of each judicial circuit may establish
459 a Military Veterans and Servicemembers Court Program under which
460 veterans, as defined in s. 1.01, including veterans who were
461 discharged or released under a general discharge, and
462 servicemembers, as defined in s. 250.01, who are charged or
463 convicted of a criminal offense and who suffer from a military
464 related mental illness, traumatic brain injury, substance abuse
465 disorder, or psychological problem can be sentenced in
466 accordance with chapter 921 in a manner that appropriately
467 addresses the severity of the mental illness, traumatic brain
468 injury, substance abuse disorder, or psychological problem
469 through services tailored to the individual needs of the
470 participant. Entry into any Military Veterans and Servicemembers
471 Court Program must be based upon the sentencing court’s
472 assessment of the defendant’s criminal history, military
473 service, substance abuse treatment needs, mental health
474 treatment needs, amenability to the services of the program, the
475 recommendation of the state attorney and the victim, if any, and
476 the defendant’s agreement to enter the program.
477 Section 10. Section 394.47892, Florida Statutes, is created
478 to read:
479 394.47892 Mental health court programs.—
480 (1) Each county may fund a mental health court program
481 under which a defendant in the justice system assessed with a
482 mental illness shall be processed in such a manner as to
483 appropriately address the severity of the identified mental
484 illness through treatment services tailored to the individual
485 needs of the participant. The Legislature intends to encourage
486 the department, the Department of Corrections, the Department of
487 Juvenile Justice, the Department of Health, the Department of
488 Law Enforcement, the Department of Education, and other such
489 agencies, local governments, law enforcement agencies,
490 interested public or private entities, and individuals to
491 support the creation and establishment of problem-solving court
492 programs. Participation in a mental health court program does
493 not relieve a public or private agency of its responsibility for
494 a child or an adult, but enables such agency to better meet the
495 child’s or adult’s needs through shared responsibility and
496 resources.
497 (2) Mental health court programs may include pretrial
498 intervention programs as provided in ss. 948.08, 948.16, and
499 985.345, postadjudicatory mental health court programs as
500 provided in ss. 948.01 and 948.06, and review of the status of
501 compliance or noncompliance of sentenced defendants through a
502 mental health court program.
503 (3) Entry into a pretrial mental health court program is
504 voluntary.
505 (4)(a) Entry into a postadjudicatory mental health court
506 program as a condition of probation or community control
507 pursuant to s. 948.01 or s. 948.06 must be based upon the
508 sentencing court’s assessment of the defendant’s criminal
509 history, mental health screening outcome, amenability to the
510 services of the program, and total sentence points; the
511 recommendation of the state attorney and the victim, if any; and
512 the defendant’s agreement to enter the program.
513 (b) A defendant who is sentenced to a postadjudicatory
514 mental health court program and who, while a mental health court
515 program participant, is the subject of a violation of probation
516 or community control under s. 948.06 shall have the violation of
517 probation or community control heard by the judge presiding over
518 the postadjudicatory mental health court program. After a
519 hearing on or admission of the violation, the judge shall
520 dispose of any such violation as he or she deems appropriate if
521 the resulting sentence or conditions are lawful.
522 (5)(a) Contingent upon an annual appropriation by the
523 Legislature, the state courts system shall establish, at a
524 minimum, one coordinator position in each mental health court
525 program to coordinate the responsibilities of the participating
526 agencies and service providers. Each coordinator shall provide
527 direct support to the mental health court program by providing
528 coordination between the multidisciplinary team and the
529 judiciary, providing case management, monitoring compliance of
530 the participants in the mental health court program with court
531 requirements, and managing the collection of data for program
532 evaluation and accountability.
533 (b) Each mental health court program shall collect
534 sufficient client-level data and programmatic information for
535 purposes of program evaluation. Client-level data includes
536 primary offenses that resulted in the mental health court
537 program referral or sentence, treatment compliance, completion
538 status and reasons for failure to complete, offenses committed
539 during treatment and the sanctions imposed, frequency of court
540 appearances, and units of service. Programmatic information
541 includes referral and screening procedures, eligibility
542 criteria, type and duration of treatment offered, and
543 residential treatment resources. The programmatic information
544 and aggregate data on the number of mental health court program
545 admissions and terminations by type of termination shall be
546 reported annually by each mental health court program to the
547 Office of the State Courts Administrator.
548 (6) If a county chooses to fund a mental health court
549 program, the county must secure funding from sources other than
550 the state for those costs not otherwise assumed by the state
551 pursuant to s. 29.004. However, this subsection does not
552 preclude counties from using funds for treatment and other
553 services provided through state executive branch agencies.
554 Counties may provide, by interlocal agreement, for the
555 collective funding of these programs.
556 (7) The chief judge of each judicial circuit may appoint an
557 advisory committee for the mental health court program. The
558 committee shall be composed of the chief judge, or his or her
559 designee, who shall serve as chair; the judge or judges of the
560 mental health court program, if not otherwise designated by the
561 chief judge as his or her designee; the state attorney, or his
562 or her designee; the public defender, or his or her designee;
563 the mental health court program coordinator or coordinators;
564 community representatives; treatment representatives; and any
565 other persons who the chair deems appropriate.
566 Section 11. Paragraph (a) of subsection (2) of section
567 790.065, Florida Statutes, is amended to read:
568 790.065 Sale and delivery of firearms.—
569 (2) Upon receipt of a request for a criminal history record
570 check, the Department of Law Enforcement shall, during the
571 licensee’s call or by return call, forthwith:
572 (a) Review any records available to determine if the
573 potential buyer or transferee:
574 1. Has been convicted of a felony and is prohibited from
575 receipt or possession of a firearm pursuant to s. 790.23;
576 2. Has been convicted of a misdemeanor crime of domestic
577 violence, and therefore is prohibited from purchasing a firearm;
578 3. Has had adjudication of guilt withheld or imposition of
579 sentence suspended on any felony or misdemeanor crime of
580 domestic violence unless 3 years have elapsed since probation or
581 any other conditions set by the court have been fulfilled or
582 expunction has occurred; or
583 4. Has been adjudicated mentally defective or has been
584 committed to a mental institution by a court or as provided in
585 sub-sub-subparagraph b.(II), and as a result is prohibited by
586 state or federal law from purchasing a firearm.
587 a. As used in this subparagraph, “adjudicated mentally
588 defective” means a determination by a court that a person, as a
589 result of marked subnormal intelligence, or mental illness,
590 incompetency, condition, or disease, is a danger to himself or
591 herself or to others or lacks the mental capacity to contract or
592 manage his or her own affairs. The phrase includes a judicial
593 finding of incapacity under s. 744.331(6)(a), an acquittal by
594 reason of insanity of a person charged with a criminal offense,
595 and a judicial finding that a criminal defendant is not
596 competent to stand trial.
597 b. As used in this subparagraph, “committed to a mental
598 institution” means:
599 (I) Involuntary commitment, commitment for mental
600 defectiveness or mental illness, and commitment for substance
601 abuse. The phrase includes involuntary inpatient placement as
602 defined in s. 394.467, involuntary outpatient placement as
603 defined in s. 394.4655, involuntary assessment and stabilization
604 under s. 397.6818, and involuntary substance abuse treatment
605 under s. 397.6957, but does not include a person in a mental
606 institution for observation or discharged from a mental
607 institution based upon the initial review by the physician or a
608 voluntary admission to a mental institution; or
609 (II) Notwithstanding sub-sub-subparagraph (I), voluntary
610 admission to a mental institution for outpatient or inpatient
611 treatment of a person who had an involuntary examination under
612 s. 394.463, where each of the following conditions have been
613 met:
614 (A) An examining physician found that the person is an
615 imminent danger to himself or herself or others.
616 (B) The examining physician certified that if the person
617 did not agree to voluntary treatment, a petition for involuntary
618 outpatient or inpatient treatment would have been filed under s.
619 394.463(2)(i)4., or the examining physician certified that a
620 petition was filed and the person subsequently agreed to
621 voluntary treatment prior to a court hearing on the petition.
622 (C) Before agreeing to voluntary treatment, the person
623 received written notice of that finding and certification, and
624 written notice that as a result of such finding, he or she may
625 be prohibited from purchasing a firearm, and may not be eligible
626 to apply for or retain a concealed weapon or firearms license
627 under s. 790.06 and the person acknowledged such notice in
628 writing, in substantially the following form:
629
630 “I understand that the doctor who examined me believes I am a
631 danger to myself or to others. I understand that if I do not
632 agree to voluntary treatment, a petition will be filed in court
633 to require me to receive involuntary treatment. I understand
634 that if that petition is filed, I have the right to contest it.
635 In the event a petition has been filed, I understand that I can
636 subsequently agree to voluntary treatment prior to a court
637 hearing. I understand that by agreeing to voluntary treatment in
638 either of these situations, I may be prohibited from buying
639 firearms and from applying for or retaining a concealed weapons
640 or firearms license until I apply for and receive relief from
641 that restriction under Florida law.”
642
643 (D) A judge or a magistrate has, pursuant to sub-sub
644 subparagraph c.(II), reviewed the record of the finding,
645 certification, notice, and written acknowledgment classifying
646 the person as an imminent danger to himself or herself or
647 others, and ordered that such record be submitted to the
648 department.
649 c. In order to check for these conditions, the department
650 shall compile and maintain an automated database of persons who
651 are prohibited from purchasing a firearm based on court records
652 of adjudications of mental defectiveness or commitments to
653 mental institutions.
654 (I) Except as provided in sub-sub-subparagraph (II), clerks
655 of court shall submit these records to the department within 1
656 month after the rendition of the adjudication or commitment.
657 Reports shall be submitted in an automated format. The reports
658 must, at a minimum, include the name, along with any known alias
659 or former name, the sex, and the date of birth of the subject.
660 (II) For persons committed to a mental institution pursuant
661 to sub-sub-subparagraph b.(II), within 24 hours after the
662 person’s agreement to voluntary admission, a record of the
663 finding, certification, notice, and written acknowledgment must
664 be filed by the administrator of the receiving or treatment
665 facility, as defined in s. 394.455, with the clerk of the court
666 for the county in which the involuntary examination under s.
667 394.463 occurred. No fee shall be charged for the filing under
668 this sub-sub-subparagraph. The clerk must present the records to
669 a judge or magistrate within 24 hours after receipt of the
670 records. A judge or magistrate is required and has the lawful
671 authority to review the records ex parte and, if the judge or
672 magistrate determines that the record supports the classifying
673 of the person as an imminent danger to himself or herself or
674 others, to order that the record be submitted to the department.
675 If a judge or magistrate orders the submittal of the record to
676 the department, the record must be submitted to the department
677 within 24 hours.
678 d. A person who has been adjudicated mentally defective or
679 committed to a mental institution, as those terms are defined in
680 this paragraph, may petition the circuit court that made the
681 adjudication or commitment, or the court that ordered that the
682 record be submitted to the department pursuant to sub-sub
683 subparagraph c.(II), for relief from the firearm disabilities
684 imposed by such adjudication or commitment. A copy of the
685 petition shall be served on the state attorney for the county in
686 which the person was adjudicated or committed. The state
687 attorney may object to and present evidence relevant to the
688 relief sought by the petition. The hearing on the petition may
689 be open or closed as the petitioner may choose. The petitioner
690 may present evidence and subpoena witnesses to appear at the
691 hearing on the petition. The petitioner may confront and cross
692 examine witnesses called by the state attorney. A record of the
693 hearing shall be made by a certified court reporter or by court
694 approved electronic means. The court shall make written findings
695 of fact and conclusions of law on the issues before it and issue
696 a final order. The court shall grant the relief requested in the
697 petition if the court finds, based on the evidence presented
698 with respect to the petitioner’s reputation, the petitioner’s
699 mental health record and, if applicable, criminal history
700 record, the circumstances surrounding the firearm disability,
701 and any other evidence in the record, that the petitioner will
702 not be likely to act in a manner that is dangerous to public
703 safety and that granting the relief would not be contrary to the
704 public interest. If the final order denies relief, the
705 petitioner may not petition again for relief from firearm
706 disabilities until 1 year after the date of the final order. The
707 petitioner may seek judicial review of a final order denying
708 relief in the district court of appeal having jurisdiction over
709 the court that issued the order. The review shall be conducted
710 de novo. Relief from a firearm disability granted under this
711 sub-subparagraph has no effect on the loss of civil rights,
712 including firearm rights, for any reason other than the
713 particular adjudication of mental defectiveness or commitment to
714 a mental institution from which relief is granted.
715 e. Upon receipt of proper notice of relief from firearm
716 disabilities granted under sub-subparagraph d., the department
717 shall delete any mental health record of the person granted
718 relief from the automated database of persons who are prohibited
719 from purchasing a firearm based on court records of
720 adjudications of mental defectiveness or commitments to mental
721 institutions.
722 f. The department is authorized to disclose data collected
723 pursuant to this subparagraph to agencies of the Federal
724 Government and other states for use exclusively in determining
725 the lawfulness of a firearm sale or transfer. The department is
726 also authorized to disclose this data to the Department of
727 Agriculture and Consumer Services for purposes of determining
728 eligibility for issuance of a concealed weapons or concealed
729 firearms license and for determining whether a basis exists for
730 revoking or suspending a previously issued license pursuant to
731 s. 790.06(10). When a potential buyer or transferee appeals a
732 nonapproval based on these records, the clerks of court and
733 mental institutions shall, upon request by the department,
734 provide information to help determine whether the potential
735 buyer or transferee is the same person as the subject of the
736 record. Photographs and any other data that could confirm or
737 negate identity must be made available to the department for
738 such purposes, notwithstanding any other provision of state law
739 to the contrary. Any such information that is made confidential
740 or exempt from disclosure by law shall retain such confidential
741 or exempt status when transferred to the department.
742 Section 12. Paragraph (a) of subsection (5) of section
743 910.035, Florida Statutes, is amended to read:
744 910.035 Transfer from county for plea, sentence, or
745 participation in a problem-solving court.—
746 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
747 (a) For purposes of this subsection, the term “problem
748 solving court” means a drug court pursuant to s. 948.01, s.
749 948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
750 and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
751 s. 948.16, or s. 948.21; or a mental health court program
752 pursuant to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s.
753 948.16; or a delinquency pretrial intervention court program
754 pursuant to s. 985.345.
755 Section 13. Section 916.185, Florida Statutes, is created
756 to read:
757 916.185 Forensic Hospital Diversion Pilot Program.—
758 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
759 that many jail inmates who have serious mental illnesses and who
760 are committed to state forensic mental health treatment
761 facilities for restoration of competency to proceed could be
762 served more effectively and at less cost in community-based
763 alternative programs. The Legislature further finds that many
764 people who have serious mental illnesses and who have been
765 discharged from state forensic mental health treatment
766 facilities could avoid returning to the criminal justice and
767 forensic mental health systems if they received specialized
768 treatment in the community. Therefore, it is the intent of the
769 Legislature to create the Forensic Hospital Diversion Pilot
770 Program to serve offenders who have mental illnesses or co
771 occurring mental illnesses and substance use disorders and who
772 are involved in or at risk of entering state forensic mental
773 health treatment facilities, prisons, jails, or state civil
774 mental health treatment facilities.
775 (2) DEFINITIONS.—As used in this section, the term:
776 (a) “Best practices” means treatment services that
777 incorporate the most effective and acceptable interventions
778 available in the care and treatment of offenders who are
779 diagnosed as having mental illnesses or co-occurring mental
780 illnesses and substance use disorders.
781 (b) “Community forensic system” means the community mental
782 health and substance use forensic treatment system, including
783 the comprehensive set of services and supports provided to
784 offenders involved in or at risk of becoming involved in the
785 criminal justice system.
786 (c) “Evidence-based practices” means interventions and
787 strategies that, based on the best available empirical research,
788 demonstrate effective and efficient outcomes in the care and
789 treatment of offenders who are diagnosed as having mental
790 illnesses or co-occurring mental illnesses and substance use
791 disorders.
792 (3) CREATION.—There is authorized a Forensic Hospital
793 Diversion Pilot Program to provide competency-restoration and
794 community-reintegration services in either a locked residential
795 treatment facility when appropriate or a community-based
796 facility based on considerations of public safety, the needs of
797 the individual, and available resources.
798 (a) The department may implement a Forensic Hospital
799 Diversion Pilot Program modeled after the Miami-Dade Forensic
800 Alternative Center, taking into account local needs and
801 resources in Duval County, in conjunction with the Fourth
802 Judicial Circuit in Duval County; in Broward County, in
803 conjunction with the Seventeenth Judicial Circuit in Broward
804 County; in Miami-Dade County, in conjunction with the Eleventh
805 Judicial Circuit in Miami-Dade County; and in Okaloosa County,
806 in conjunction with the First Judicial Circuit in Okaloosa
807 County.
808 (b) If the department elects to create and implement the
809 program, the department shall include a comprehensive continuum
810 of care and services that use evidence-based practices and best
811 practices to treat offenders who have mental health and co
812 occurring substance use disorders.
813 (c) The department and the corresponding judicial circuits
814 may implement this section if existing resources are available
815 to do so on a recurring basis. The department may request budget
816 amendments pursuant to chapter 216 to realign funds between
817 mental health services and community substance abuse and mental
818 health services in order to implement this pilot program.
819 (4) ELIGIBILITY.—Participation in the Forensic Hospital
820 Diversion Pilot Program is limited to offenders who:
821 (a) Are 18 years of age or older.
822 (b) Are charged with a felony of the second degree or a
823 felony of the third degree.
824 (c) Do not have a significant history of violent criminal
825 offenses.
826 (d) Are adjudicated incompetent to proceed to trial or not
827 guilty by reason of insanity pursuant to this part.
828 (e) Meet public safety and treatment criteria established
829 by the department for placement in a community setting.
830 (f) Otherwise would be admitted to a state mental health
831 treatment facility.
832 (5) TRAINING.—The Legislature encourages the Florida
833 Supreme Court, in consultation and cooperation with the Florida
834 Supreme Court Task Force on Substance Abuse and Mental Health
835 Issues in the Courts, to develop educational training for judges
836 in the pilot program areas which focuses on the community
837 forensic system.
838 (6) RULEMAKING.—The department may adopt rules to
839 administer this section.
840 Section 14. Subsections (6) through (13) of section
841 948.001, Florida Statutes, are renumbered as subsections (7)
842 through (14), respectively, and a new subsection (6) is added to
843 that section, to read:
844 948.001 Definitions.—As used in this chapter, the term:
845 (6) “Mental health probation” means a form of specialized
846 supervision that emphasizes mental health treatment and working
847 with treatment providers to focus on underlying mental health
848 disorders and compliance with a prescribed psychotropic
849 medication regimen in accordance with individualized treatment
850 plans. Mental health probation shall be supervised by officers
851 with restricted caseloads who are sensitive to the unique needs
852 of individuals with mental health disorders, and who will work
853 in tandem with community mental health case managers assigned to
854 the defendant. Caseloads of such officers should be restricted
855 to a maximum of 50 cases per officer in order to ensure an
856 adequate level of staffing and supervision.
857 Section 15. Subsection (8) is added to section 948.01,
858 Florida Statutes, to read:
859 948.01 When court may place defendant on probation or into
860 community control.—
861 (8)(a) Notwithstanding s. 921.0024 and effective for
862 offenses committed on or after July 1, 2016, the sentencing
863 court may place the defendant into a postadjudicatory mental
864 health court program if the offense is a nonviolent felony, the
865 defendant is amenable to mental health treatment, including
866 taking prescribed medications, and the defendant is otherwise
867 qualified under s. 394.47892(4). The satisfactory completion of
868 the program must be a condition of the defendant’s probation or
869 community control. As used in this subsection, the term
870 “nonviolent felony” means a third degree felony violation under
871 chapter 810 or any other felony offense that is not a forcible
872 felony as defined in s. 776.08. Defendants charged with
873 resisting an officer with violence under s. 843.01, battery on a
874 law enforcement officer under s. 784.07, or aggravated assault
875 may participate in the mental health court program if the court
876 so orders after the victim is given his or her right to provide
877 testimony or written statement to the court as provided in s.
878 921.143.
879 (b) The defendant must be fully advised of the purpose of
880 the mental health court program and the defendant must agree to
881 enter the program. The original sentencing court shall
882 relinquish jurisdiction of the defendant’s case to the
883 postadjudicatory mental health court program until the defendant
884 is no longer active in the program, the case is returned to the
885 sentencing court due to the defendant’s termination from the
886 program for failure to comply with the terms thereof, or the
887 defendant’s sentence is completed.
888 (c) The Department of Corrections may establish designated
889 and trained mental health probation officers to support
890 individuals under supervision of the mental health court
891 program.
892 Section 16. Paragraph (j) is added to subsection (2) of
893 section 948.06, Florida Statutes, to read:
894 948.06 Violation of probation or community control;
895 revocation; modification; continuance; failure to pay
896 restitution or cost of supervision.—
897 (2)
898 (j)1. Notwithstanding s. 921.0024 and effective for
899 offenses committed on or after July 1, 2016, the court may order
900 the offender to successfully complete a postadjudicatory mental
901 health court program under s. 394.47892 or a military veterans
902 and servicemembers court program under s. 394.47891 if:
903 a. The court finds or the offender admits that the offender
904 has violated his or her community control or probation;
905 b. The underlying offense is a nonviolent felony. As used
906 in this subsection, the term “nonviolent felony” means a third
907 degree felony violation under chapter 810 or any other felony
908 offense that is not a forcible felony as defined in s. 776.08.
909 Offenders charged with resisting an officer with violence under
910 s. 843.01, battery on a law enforcement officer under s. 784.07,
911 or aggravated assault may participate in the mental health court
912 program if the court so orders after the victim is given his or
913 her right to provide testimony or written statement to the court
914 as provided in s. 921.143;
915 c. The court determines that the offender is amenable to
916 the services of a postadjudicatory mental health court program,
917 including taking prescribed medications, or a military veterans
918 and servicemembers court program;
919 d. The court explains the purpose of the program to the
920 offender and the offender agrees to participate; and
921 e. The offender is otherwise qualified to participate in a
922 postadjudicatory mental health court program under s.
923 394.47892(4) or a military veterans and servicemembers court
924 program under s. 394.47891.
925 2. After the court orders the modification of community
926 control or probation, the original sentencing court shall
927 relinquish jurisdiction of the offender’s case to the
928 postadjudicatory mental health court program until the offender
929 is no longer active in the program, the case is returned to the
930 sentencing court due to the offender’s termination from the
931 program for failure to comply with the terms thereof, or the
932 offender’s sentence is completed.
933 Section 17. Subsection (8) of section 948.08, Florida
934 Statutes, is renumbered as subsection (9), paragraph (a) of
935 subsection (7) is amended, and a new subsection (8) is added to
936 that section, to read:
937 948.08 Pretrial intervention program.—
938 (7)(a) Notwithstanding any provision of this section, a
939 person who is charged with a felony, other than a felony listed
940 in s. 948.06(8)(c), and identified as a veteran, as defined in
941 s. 1.01, including a veteran who is discharged or released under
942 a general discharge, or servicemember, as defined in s. 250.01,
943 who suffers from a military service-related mental illness,
944 traumatic brain injury, substance abuse disorder, or
945 psychological problem, is eligible for voluntary admission into
946 a pretrial veterans’ treatment intervention program approved by
947 the chief judge of the circuit, upon motion of either party or
948 the court’s own motion, except:
949 1. If a defendant was previously offered admission to a
950 pretrial veterans’ treatment intervention program at any time
951 before trial and the defendant rejected that offer on the
952 record, the court may deny the defendant’s admission to such a
953 program.
954 2. If a defendant previously entered a court-ordered
955 veterans’ treatment program, the court may deny the defendant’s
956 admission into the pretrial veterans’ treatment program.
957 (8)(a) Notwithstanding any provision of this section, a
958 defendant is eligible for voluntary admission into a pretrial
959 mental health court program established pursuant to s. 394.47892
960 and approved by the chief judge of the circuit for a period to
961 be determined by the court, based on the clinical needs of the
962 defendant, upon motion of either party or the court’s own motion
963 if:
964 1. The defendant is identified as having a mental illness;
965 2. The defendant has not been convicted of a felony; and
966 3. The defendant is charged with:
967 a. A nonviolent felony that includes a third degree felony
968 violation of chapter 810 or any other felony offense that is not
969 a forcible felony as defined in s. 776.08;
970 b. Resisting an officer with violence under s. 843.01, if
971 the law enforcement officer and state attorney consent to the
972 defendant’s participation;
973 c. Battery on a law enforcement officer under s. 784.07, if
974 the law enforcement officer and state attorney consent to the
975 defendant’s participation; or
976 d. Aggravated assault, if the victim and state attorney
977 consent to the defendant’s participation.
978 (b) At the end of the pretrial intervention period, the
979 court shall consider the recommendation of the program
980 administrator and the recommendation of the state attorney as to
981 disposition of the pending charges. The court shall determine,
982 by written finding, whether the defendant has successfully
983 completed the pretrial intervention program. If the court finds
984 that the defendant has not successfully completed the pretrial
985 intervention program, the court may order the person to continue
986 in education and treatment, which may include a mental health
987 program offered by a licensed service provider, as defined in s.
988 394.455, or order that the charges revert to normal channels for
989 prosecution. The court shall dismiss the charges upon a finding
990 that the defendant has successfully completed the pretrial
991 intervention program.
992 Section 18. Subsections (3) and (4) of section 948.16,
993 Florida Statutes, are renumbered as subsections (4) and (5),
994 respectively, paragraph (a) of subsection (2) and present
995 subsection (4) of that section are amended, and a new subsection
996 (3) is added to that section, to read:
997 948.16 Misdemeanor pretrial substance abuse education and
998 treatment intervention program; misdemeanor pretrial veterans’
999 treatment intervention program; misdemeanor pretrial mental
1000 health court program.—
1001 (2)(a) A veteran, as defined in s. 1.01, including a
1002 veteran who is discharged or released under a general discharge,
1003 or servicemember, as defined in s. 250.01, who suffers from a
1004 military service-related mental illness, traumatic brain injury,
1005 substance abuse disorder, or psychological problem, and who is
1006 charged with a misdemeanor is eligible for voluntary admission
1007 into a misdemeanor pretrial veterans’ treatment intervention
1008 program approved by the chief judge of the circuit, for a period
1009 based on the program’s requirements and the treatment plan for
1010 the offender, upon motion of either party or the court’s own
1011 motion. However, the court may deny the defendant admission into
1012 a misdemeanor pretrial veterans’ treatment intervention program
1013 if the defendant has previously entered a court-ordered
1014 veterans’ treatment program.
1015 (3) A defendant who is charged with a misdemeanor and
1016 identified as having a mental illness is eligible for voluntary
1017 admission into a misdemeanor pretrial mental health court
1018 program established pursuant to s. 394.47892, approved by the
1019 chief judge of the circuit, for a period to be determined by the
1020 court, based on the clinical needs of the defendant, upon motion
1021 of either party or the court’s own motion.
1022 (5)(4) Any public or private entity providing a pretrial
1023 substance abuse education and treatment program or mental health
1024 court program under this section shall contract with the county
1025 or appropriate governmental entity. The terms of the contract
1026 shall include, but not be limited to, the requirements
1027 established for private entities under s. 948.15(3). This
1028 requirement does not apply to services provided by the
1029 Department of Veterans’ Affairs or the United States Department
1030 of Veterans Affairs.
1031 Section 19. Section 948.21, Florida Statutes, is amended to
1032 read:
1033 948.21 Condition of probation or community control;
1034 military servicemembers and veterans.—
1035 (1) Effective for a probationer or community controllee
1036 whose crime is was committed on or after July 1, 2012, and who
1037 is a veteran, as defined in s. 1.01, or servicemember, as
1038 defined in s. 250.01, who suffers from a military service
1039 related mental illness, traumatic brain injury, substance abuse
1040 disorder, or psychological problem, the court may, in addition
1041 to any other conditions imposed, impose a condition requiring
1042 the probationer or community controllee to participate in a
1043 treatment program capable of treating the probationer’s
1044 probationer or community controllee’s mental illness, traumatic
1045 brain injury, substance abuse disorder, or psychological
1046 problem.
1047 (2) Effective for a probationer or community controllee
1048 whose crime is committed on or after July 1, 2016, and who is a
1049 veteran, as defined in s. 1.01, including a veteran who is
1050 discharged or released under a general discharge, or
1051 servicemember, as defined in s. 250.01, who suffers from a
1052 military service-related mental illness, traumatic brain injury,
1053 substance abuse disorder, or psychological problem, the court
1054 may, in addition to any other conditions imposed, impose a
1055 condition requiring the probationer or community controllee to
1056 participate in a treatment program capable of treating the
1057 probationer or community controllee’s mental illness, traumatic
1058 brain injury, substance abuse disorder, or psychological
1059 problem.
1060 (3) The court shall give preference to treatment programs
1061 for which the probationer or community controllee is eligible
1062 through the United States Department of Veterans Affairs or the
1063 Florida Department of Veterans’ Affairs. The Department of
1064 Corrections is not required to spend state funds to implement
1065 this section.
1066 Section 20. Section 985.345, Florida Statutes, is amended
1067 to read:
1068 985.345 Delinquency pretrial intervention programs
1069 program.—
1070 (1)(a) Notwithstanding any other provision of law to the
1071 contrary, a child who is charged with a felony of the second or
1072 third degree for purchase or possession of a controlled
1073 substance under chapter 893; tampering with evidence;
1074 solicitation for purchase of a controlled substance; or
1075 obtaining a prescription by fraud, and who has not previously
1076 been adjudicated for a felony, is eligible for voluntary
1077 admission into a delinquency pretrial substance abuse education
1078 and treatment intervention program, including a treatment-based
1079 drug court program established pursuant to s. 397.334, approved
1080 by the chief judge or alternative sanctions coordinator of the
1081 circuit to the extent that funded programs are available, for a
1082 period based on the program requirements and the treatment
1083 services that are suitable for the offender, upon motion of
1084 either party or the court’s own motion. However, if the state
1085 attorney believes that the facts and circumstances of the case
1086 suggest the child’s involvement in the dealing and selling of
1087 controlled substances, the court shall hold a preadmission
1088 hearing. If the state attorney establishes by a preponderance of
1089 the evidence at such hearing that the child was involved in the
1090 dealing and selling of controlled substances, the court shall
1091 deny the child’s admission into a delinquency pretrial
1092 intervention program.
1093 (b)(2) While enrolled in a delinquency pretrial
1094 intervention program authorized by this subsection section, a
1095 child is subject to a coordinated strategy developed by a drug
1096 court team under s. 397.334(4). The coordinated strategy may
1097 include a protocol of sanctions that may be imposed upon the
1098 child for noncompliance with program rules. The protocol of
1099 sanctions may include, but is not limited to, placement in a
1100 substance abuse treatment program offered by a licensed service
1101 provider as defined in s. 397.311 or serving a period of secure
1102 detention under this chapter. The coordinated strategy must be
1103 provided in writing to the child before the child agrees to
1104 enter the pretrial treatment-based drug court program or other
1105 pretrial intervention program. A Any child whose charges are
1106 dismissed after successful completion of the treatment-based
1107 drug court program, if otherwise eligible, may have his or her
1108 arrest record and plea of nolo contendere to the dismissed
1109 charges expunged under s. 943.0585.
1110 (c)(3) At the end of the delinquency pretrial intervention
1111 period, the court shall consider the recommendation of the state
1112 attorney and the program administrator as to disposition of the
1113 pending charges. The court shall determine, by written finding,
1114 whether the child has successfully completed the delinquency
1115 pretrial intervention program. Notwithstanding the coordinated
1116 strategy developed by a drug court team pursuant to s.
1117 397.334(4), if the court finds that the child has not
1118 successfully completed the delinquency pretrial intervention
1119 program, the court may order the child to continue in an
1120 education, treatment, or drug testing urine monitoring program
1121 if resources and funding are available or order that the charges
1122 revert to normal channels for prosecution. The court may dismiss
1123 the charges upon a finding that the child has successfully
1124 completed the delinquency pretrial intervention program.
1125 (2)(a) Notwithstanding any other law, a child who has been
1126 identified as having a mental illness and who has not been
1127 previously adjudicated for a felony is eligible for voluntary
1128 admission into a delinquency pretrial mental health court
1129 intervention program, established pursuant to s. 394.47892,
1130 approved by the chief judge of the circuit, for a period to be
1131 determined by the court, based on the clinical needs of the
1132 child, upon motion of either party or the court’s own motion if
1133 the child is charged with:
1134 1. A misdemeanor;
1135 2. A nonviolent felony, as defined in s. 948.01(8);
1136 3. Resisting an officer with violence under s. 843.01, if
1137 the law enforcement officer and state attorney consent to the
1138 child’s participation;
1139 4. Battery on a law enforcement officer under 784.07, if
1140 the law enforcement officer and state attorney consent to the
1141 child’s participation; or
1142 5. Aggravated assault, if the victim and state attorney
1143 consent to the child’s participation.
1144 (b) At the end of the delinquency pretrial mental health
1145 court intervention period, the court shall consider the
1146 recommendation of the state attorney and the program
1147 administrator as to disposition of the pending charges. The
1148 court shall determine, by written finding, whether the child has
1149 successfully completed the program. If the court finds that the
1150 child has not successfully completed the program, the court may
1151 order the child to continue in an education, treatment, or
1152 monitoring program if resources and funding are available or
1153 order that the charges revert to normal channels for
1154 prosecution. The court may dismiss the charges upon a finding
1155 that the child has successfully completed the program.
1156 (c) A child whose charges are dismissed after successful
1157 completion of the delinquency pretrial mental health court
1158 intervention program, if otherwise eligible, may have his or her
1159 criminal history record for such charges expunged under s.
1160 943.0585.
1161 (3)(4) Any entity, whether public or private, providing
1162 pretrial substance abuse education, treatment intervention, drug
1163 testing, or a mental health court and a urine monitoring program
1164 under this section must contract with the county or appropriate
1165 governmental entity, and the terms of the contract must include,
1166 but need not be limited to, the requirements established for
1167 private entities under s. 948.15(3). It is the intent of the
1168 Legislature that public or private entities providing substance
1169 abuse education and treatment intervention programs involve the
1170 active participation of parents, schools, churches, businesses,
1171 law enforcement agencies, and the department or its contract
1172 providers.
1173 Section 21. For the purpose of incorporating the amendments
1174 made by this act to sections 948.01 and 948.06, Florida
1175 Statutes, in references thereto, paragraph (a) of subsection (3)
1176 and subsection (5) of section 397.334, Florida Statutes, are
1177 reenacted to read:
1178 397.334 Treatment-based drug court programs.—
1179 (3)(a) Entry into any postadjudicatory treatment-based drug
1180 court program as a condition of probation or community control
1181 pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
1182 upon the sentencing court’s assessment of the defendant’s
1183 criminal history, substance abuse screening outcome, amenability
1184 to the services of the program, total sentence points, the
1185 recommendation of the state attorney and the victim, if any, and
1186 the defendant’s agreement to enter the program.
1187 (5) Treatment-based drug court programs may include
1188 pretrial intervention programs as provided in ss. 948.08,
1189 948.16, and 985.345, treatment-based drug court programs
1190 authorized in chapter 39, postadjudicatory programs as provided
1191 in ss. 948.01, 948.06, and 948.20, and review of the status of
1192 compliance or noncompliance of sentenced offenders through a
1193 treatment-based drug court program. While enrolled in a
1194 treatment-based drug court program, the participant is subject
1195 to a coordinated strategy developed by a drug court team under
1196 subsection (4). The coordinated strategy may include a protocol
1197 of sanctions that may be imposed upon the participant for
1198 noncompliance with program rules. The protocol of sanctions may
1199 include, but is not limited to, placement in a substance abuse
1200 treatment program offered by a licensed service provider as
1201 defined in s. 397.311 or in a jail-based treatment program or
1202 serving a period of secure detention under chapter 985 if a
1203 child or a period of incarceration within the time limits
1204 established for contempt of court if an adult. The coordinated
1205 strategy must be provided in writing to the participant before
1206 the participant agrees to enter into a treatment-based drug
1207 court program.
1208 Section 22. For the purpose of incorporating the amendment
1209 made by this act to section 948.06, Florida Statutes, in a
1210 reference thereto, paragraph (b) of subsection (2) of section
1211 948.012, Florida Statutes, is reenacted to read:
1212 948.012 Split sentence of probation or community control
1213 and imprisonment.—
1214 (2) The court may also impose a split sentence whereby the
1215 defendant is sentenced to a term of probation which may be
1216 followed by a period of incarceration or, with respect to a
1217 felony, into community control, as follows:
1218 (b) If the offender does not meet the terms and conditions
1219 of probation or community control, the court may revoke, modify,
1220 or continue the probation or community control as provided in s.
1221 948.06. If the probation or community control is revoked, the
1222 court may impose any sentence that it could have imposed at the
1223 time the offender was placed on probation or community control.
1224 The court may not provide credit for time served for any portion
1225 of a probation or community control term toward a subsequent
1226 term of probation or community control. However, the court may
1227 not impose a subsequent term of probation or community control
1228 which, when combined with any amount of time served on preceding
1229 terms of probation or community control for offenses pending
1230 before the court for sentencing, would exceed the maximum
1231 penalty allowable as provided in s. 775.082. Such term of
1232 incarceration shall be served under applicable law or county
1233 ordinance governing service of sentences in state or county
1234 jurisdiction. This paragraph does not prohibit any other
1235 sanction provided by law.
1236 Section 23. This act shall take effect July 1, 2016.