Florida Senate - 2025 SB 1724 By Senator Wright 8-00246-25 20251724__ 1 A bill to be entitled 2 An act relating to access to veterans treatment court 3 programs; amending s. 394.47891, F.S.; deleting a 4 provision requiring that a defendant seeking to 5 participate in a veterans treatment court program 6 submit an application to the state attorney; deleting 7 a provision requiring that the state attorney review 8 each application and determine whether the defendant 9 meets certain eligibility requirements; deleting a 10 requirement that in order for a defendant to 11 participate in a veterans treatment court program he 12 or she must be approved by the state attorney, in 13 consultation with the court; conforming a provision to 14 changes made by the act; amending s. 948.01, F.S.; 15 authorizing the sentencing court, for offenses 16 committed after a specified date, to place defendants 17 into a postadjudicatory veterans treatment court 18 program under certain circumstances; requiring that 19 satisfactory completion of the program be a condition 20 of the defendants probation or community control; 21 defining the term nonviolent felony; requiring that 22 the defendant be advised by counsel of the purpose of 23 the veterans treatment court program and that the 24 defendant agree to enter the program in order to be 25 placed into the program; providing for jurisdiction; 26 amending s. 948.06, F.S.; authorizing offenders 27 charged with certain offenses to participate in the 28 veterans treatment court program under certain 29 circumstances; making technical changes; amending s. 30 948.08, F.S.; specifying that certain defendants are 31 eligible for voluntary admission into a certain 32 pretrial veterans treatment court program and upon a 33 motion by either party or the court requiring their 34 admittance for an amount of time determined by the 35 court based on their clinical needs; amending ss. 36 43.51 and 910.035, F.S.; conforming provisions to 37 changes made by the act; reenacting s. 948.16(2)(a), 38 F.S., relating to misdemeanor pretrial veterans 39 treatment intervention programs, to incorporate the 40 amendment made to s. 394.47891, F.S., in a reference 41 thereto; reenacting s. 921.187(1)(c), F.S., relating 42 to disposition and sentencing, alternatives, and 43 restitution, to incorporate the amendment made to s. 44 948.01, F.S., in a reference thereto; reenacting ss. 45 948.012(2)(b), 948.10(3), and 958.14, F.S., relating 46 to split sentence of probation or community control 47 and imprisonment, community control programs, and 48 violation of probation or community control programs, 49 respectively, to incorporate the amendment made to s. 50 948.06, F.S., in references thereto; reenacting ss. 51 796.07(4)(b), 944.026(3), and 948.036(1), F.S., 52 relating to prohibiting prostitution and related acts; 53 community-based facilities and programs; and work 54 programs as a condition of probation, community 55 control, or other court-ordered community supervision, 56 respectively, to incorporate the amendment made to s. 57 948.08, F.S., in references thereto; providing an 58 effective date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1.Subsections (4) and (8) of section 394.47891, 63 Florida Statutes, are amended to read: 64 394.47891Veterans treatment court programs. 65 (4)ADMISSION.A defendant who meets the eligibility 66 criteria in paragraph (8)(a) requirements under subsection (8) 67 may be admitted to a veterans treatment court program at any 68 stage of a criminal proceeding. A defendant seeking to 69 participate in a veterans treatment court program must submit an 70 application to the state attorney. The state attorney must 71 review each application and determine whether the defendant 72 meets the eligibility requirements in subsection (8). 73 (8)ELIGIBILITY. 74 (a)A defendant may participate in a veterans treatment 75 court program if he or she is approved by the state attorney, in 76 consultation with the court, and meets the following criteria: 77 1.The defendant has a service-related mental health 78 condition, service-related traumatic brain injury, service 79 related substance use disorder, or service-related psychological 80 problem or has experienced military sexual trauma; and. 81 2.The defendants participation in the veterans treatment 82 court program is in the interest of justice and of benefit to 83 the defendant and the community. 84 (b)In making the determination under subparagraph (a)2., 85 the state attorney, in consultation with the court, must 86 consider all of the following: 87 1.The nature and circumstances of the offense charged. 88 2.The special characteristics or circumstances of the 89 defendant and any victim or alleged victim, including any 90 recommendation of the victim or alleged victim. 91 3.The defendants criminal history and whether the 92 defendant previously participated in a veterans treatment court 93 program or similar program. 94 4.Whether the defendants needs exceed the treatment 95 resources available to the veterans treatment court program. 96 5.The impact on the community of the defendants 97 participation and treatment in the veterans treatment court 98 program. 99 6.Recommendations of any law enforcement agency involved 100 in investigating or arresting the defendant. 101 7.If the defendant owes restitution, the likelihood of 102 payment during the defendants participation in the veterans 103 treatment court program. 104 8.Any mitigating circumstances. 105 9.Any other circumstances reasonably related to the 106 defendants case. 107 Section 2.Subsection (9) is added to section 948.01, 108 Florida Statutes, to read: 109 948.01When court may place defendant on probation or into 110 community control. 111 (9)(a)Notwithstanding s. 921.0024 and effective for 112 offenses committed on or after July 1, 2016, the sentencing 113 court may place the defendant into a postadjudicatory veterans 114 treatment court program if the offense is a nonviolent felony 115 and the defendant is identified as a veteran or a servicemember, 116 as those terms are defined in s. 394.47891. The satisfactory 117 completion of the program must be a condition of the defendants 118 probation or community control. A defendant charged with 119 aggravated assault under s. 784.021 or aggravated battery or 120 attempted aggravated battery under s. 784.045 may participate in 121 the veterans treatment court program if the court so orders 122 after the victim is given his or her right to provide testimony 123 or a written statement to the court as provided in s. 921.143. 124 As used in this paragraph, the term nonviolent felony means a 125 third degree felony violation under chapter 810 or any other 126 felony offense that is not a forcible felony as defined in s. 127 776.08. 128 (b)The defendant must be advised by counsel of the purpose 129 of the veterans treatment court program and must agree to enter 130 the program in order to be placed into the program. The original 131 sentencing court shall relinquish jurisdiction of the 132 defendants case to the postadjudicatory veterans treatment 133 court program until the defendant is no longer active in the 134 program, the case is returned to the sentencing court due to the 135 defendants termination from the program for failure to comply 136 with the terms thereof, or the defendants sentence is 137 completed. 138 (c)An offender who is sentenced to a postadjudicatory 139 veterans treatment court program and who, while a participant in 140 veterans treatment court, is the subject of a violation of 141 probation or community control under s. 948.06 must have the 142 violation of probation or community control heard by the judge 143 presiding over the postadjudicatory veterans treatment court 144 program. The judge shall dispose of any such violation as he or 145 she deems appropriate after a hearing on or admission of the 146 violation if the resulting sentence or conditions are lawful. 147 Section 3.Paragraph (k) of subsection (2) of section 148 948.06, Florida Statutes, is amended to read: 149 948.06Violation of probation or community control; 150 revocation; modification; continuance; failure to pay 151 restitution or cost of supervision. 152 (2) 153 (k)1.Notwithstanding s. 921.0024 and effective for 154 offenses committed on or after July 1, 2016, the court may order 155 the offender to successfully complete a postadjudicatory mental 156 health court program under s. 394.47892 or a veterans treatment 157 court program under s. 394.47891 if: 158 a.The court finds or the offender admits that the offender 159 has violated his or her community control or probation; 160 b.The underlying offense is a nonviolent felony. As used 161 in this sub-subparagraph subsection, the term nonviolent 162 felony means a third degree felony violation under chapter 810 163 or any other felony offense that is not a forcible felony as 164 defined in s. 776.08. An offender Offenders charged with 165 aggravated assault under s. 784.021, battery on a law 166 enforcement officer under s. 784.07, or resisting an officer 167 with violence under s. 843.01, battery on a law enforcement 168 officer under s. 784.07, or aggravated assault may participate 169 in the mental health court program if the court so orders after 170 the victim is given his or her right to provide testimony or a 171 written statement to the court as provided in s. 921.143. An 172 offender charged with aggravated battery or attempted aggravated 173 battery under s. 784.045 or aggravated assault under s. 784.021 174 may participate in the veterans treatment court program if the 175 court so orders after the victim is given his or her right to 176 provide testimony or a written statement to the court as 177 provided in s. 921.143; 178 c.The court determines that the offender is amenable to 179 the services of a postadjudicatory mental health court program, 180 including taking prescribed medications, or a veterans treatment 181 court program; 182 d.The court explains the purpose of the program to the 183 offender and the offender agrees to participate; and 184 e.The offender is otherwise qualified to participate in a 185 postadjudicatory mental health court program under s. 186 394.47892(4) or a veterans treatment court program under s. 187 394.47891. 188 2.After the court orders the modification of community 189 control or probation, the original sentencing court shall 190 relinquish jurisdiction of the offenders case to the 191 postadjudicatory mental health court program or the veterans 192 treatment court program until the offender is no longer active 193 in the program, the case is returned to the sentencing court due 194 to the offenders termination from the program for failure to 195 comply with the terms thereof, or the offenders sentence is 196 completed. 197 Section 4.Subsection (7) of section 948.08, Florida 198 Statutes, is amended to read: 199 948.08Pretrial intervention program. 200 (7)(a)A defendant who meets the following criteria is 201 eligible for voluntary admission into a pretrial veterans 202 treatment court program under s. 394.47891 and must be admitted 203 upon a motion by either party or the courts own motion for an 204 amount of time determined by the court based on the clinical 205 needs of the defendant: 206 1.person who is charged with a felony, other than a felony 207 listed in s. 948.06(8)(c), and who Is identified as a veteran or 208 a servicemember, as those terms are defined in s. 394.47891; s. 209 394.47891(2)(d) or (c), respectively, and 210 2.Is charged with a felony that is not listed in s. 211 948.06(8)(c), excluding s. 948.06(8)(c)3. and 14., after the 212 victim is given his or her right to provide testimony or a 213 written statement to the court as provided under s. 921.143 214 otherwise qualified to participate in a veterans treatment court 215 program under s. 394.47891 is eligible for admission into a 216 veterans treatment court program pursuant to the requirements of 217 s. 394.47891(4) and (8). 218 (b)While enrolled in a pretrial intervention program 219 authorized by this subsection, the participant must shall be 220 subject to a coordinated strategy developed by a veterans 221 treatment intervention team. The coordinated strategy should be 222 modeled after the therapeutic jurisprudence principles and key 223 components in s. 397.334(4), with treatment specific to the 224 needs of servicemembers and veterans. The coordinated strategy 225 may include a protocol of sanctions that may be imposed upon the 226 participant for noncompliance with program rules. The protocol 227 of sanctions may include, but need not be limited to, placement 228 in a treatment program offered by a licensed service provider or 229 in a jail-based treatment program or serving a period of 230 incarceration within the time limits established for contempt of 231 court. The coordinated strategy must be provided in writing to 232 the participant before the participant agrees to enter into a 233 pretrial veterans treatment intervention program or other 234 pretrial intervention program. Any person whose charges are 235 dismissed after successful completion of the pretrial veterans 236 treatment intervention program, if otherwise eligible, may have 237 his or her arrest record of the dismissed charges expunged under 238 s. 943.0585. 239 (c)At the end of the pretrial intervention period, the 240 court shall consider the recommendation of the program 241 administrator and the recommendation of the state attorney as to 242 disposition of the pending charges. The court shall determine, 243 by written finding, whether the defendant has successfully 244 completed the pretrial intervention program. If the court finds 245 that the defendant has not successfully completed the pretrial 246 intervention program, the court may order the person to continue 247 in education and treatment, which may include treatment programs 248 offered by licensed service providers or jail-based treatment 249 programs, or order that the charges revert to normal channels 250 for prosecution. The court shall dismiss the charges upon a 251 finding that the defendant has successfully completed the 252 pretrial intervention program. 253 Section 5.Subsection (2) of section 43.51, Florida 254 Statutes, is amended to read: 255 43.51Problem-solving court reports. 256 (2)For purposes of this section, the term problem-solving 257 court includes, but is not limited to, a drug court pursuant to 258 s. 397.334, s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 259 948.20; a veterans treatment court program pursuant to s. 260 394.47891, s. 948.01, s. 948.08, s. 948.16, or s. 948.21; a 261 mental health court program pursuant to s. 394.47892, s. 948.01, 262 s. 948.06, s. 948.08, or s. 948.16; a community court pursuant 263 to s. 948.081; or a delinquency pretrial intervention court 264 program pursuant to s. 985.345. 265 Section 6.Paragraph (a) of subsection (5) of section 266 910.035, Florida Statutes, is amended to read: 267 910.035Transfer from county for plea, sentence, or 268 participation in a problem-solving court. 269 (5)TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT. 270 (a)For purposes of this subsection, the term problem 271 solving court means a drug court pursuant to s. 948.01, s. 272 948.06, s. 948.08, s. 948.16, or s. 948.20; a veterans treatment 273 court program pursuant to s. 394.47891, s. 948.01, s. 948.08, s. 274 948.16, or s. 948.21; a mental health court program pursuant to 275 s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16; or 276 a delinquency pretrial intervention court program pursuant to s. 277 985.345. 278 Section 7.For the purpose of incorporating the amendment 279 made by this act to section 394.47891, Florida Statutes, in a 280 reference thereto, paragraph (a) of subsection (2) of section 281 948.16, Florida Statutes, is reenacted to read: 282 948.16Misdemeanor pretrial substance abuse education and 283 treatment intervention program; misdemeanor pretrial veterans 284 treatment intervention program; misdemeanor pretrial mental 285 health court program. 286 (2)(a)A veteran or a servicemember, as defined in s. 287 394.47891(2)(d) or (c), respectively, who is otherwise qualified 288 to participate in a veterans treatment court program under s. 289 394.47891, and is charged with a misdemeanor is eligible for 290 admission into a misdemeanor veterans treatment court program, 291 for a period based on the programs requirements and the 292 treatment plan for the offender, pursuant to the requirements of 293 s. 394.47891(4) and (8). 294 Section 8.For the purpose of incorporating the amendment 295 made by this act to section 948.01, Florida Statutes, in a 296 reference thereto, paragraph (c) of subsection (1) of section 297 921.187, Florida Statutes, is reenacted to read: 298 921.187Disposition and sentencing; alternatives; 299 restitution. 300 (1)The alternatives provided in this section for the 301 disposition of criminal cases shall be used in a manner that 302 will best serve the needs of society, punish criminal offenders, 303 and provide the opportunity for rehabilitation. If the offender 304 does not receive a state prison sentence, the court may: 305 (c)Place the offender on probation with or without an 306 adjudication of guilt pursuant to s. 948.01. 307 Section 9.For the purpose of incorporating the amendment 308 made by this act to section 948.06, Florida Statutes, in a 309 reference thereto, paragraph (b) of subsection (2) of section 310 948.012, Florida Statutes, is reenacted to read: 311 948.012Split sentence of probation or community control 312 and imprisonment. 313 (2)The court may also impose a split sentence whereby the 314 defendant is sentenced to a term of probation which may be 315 followed by a period of incarceration or, with respect to a 316 felony, into community control, as follows: 317 (b)If the offender does not meet the terms and conditions 318 of probation or community control, the court may revoke, modify, 319 or continue the probation or community control as provided in s. 320 948.06. If the probation or community control is revoked, the 321 court may impose any sentence that it could have imposed at the 322 time the offender was placed on probation or community control. 323 The court may not provide credit for time served for any portion 324 of a probation or community control term toward a subsequent 325 term of probation or community control. However, the court may 326 not impose a subsequent term of probation or community control 327 which, when combined with any amount of time served on preceding 328 terms of probation or community control for offenses pending 329 before the court for sentencing, would exceed the maximum 330 penalty allowable as provided in s. 775.082. Such term of 331 incarceration shall be served under applicable law or county 332 ordinance governing service of sentences in state or county 333 jurisdiction. This paragraph does not prohibit any other 334 sanction provided by law. 335 Section 10.For the purpose of incorporating the amendment 336 made by this act to section 948.06, Florida Statutes, in a 337 reference thereto, subsection (3) of section 948.10, Florida 338 Statutes, is reenacted to read: 339 948.10Community control programs; home confinement. 340 (3)Procedures governing violations of community control 341 are the same as those described in s. 948.06 with respect to 342 probation. 343 Section 11.For the purpose of incorporating the amendment 344 made by this act to section 948.06, Florida Statutes, in a 345 reference thereto, section 958.14, Florida Statutes, is 346 reenacted to read: 347 958.14Violation of probation or community control 348 program.A violation or alleged violation of probation or the 349 terms of a community control program shall subject the youthful 350 offender to the provisions of s. 948.06. However, no youthful 351 offender shall be committed to the custody of the department for 352 a substantive violation for a period longer than the maximum 353 sentence for the offense for which he or she was found guilty, 354 with credit for time served while incarcerated, or for a 355 technical or nonsubstantive violation for a period longer than 6 356 years or for a period longer than the maximum sentence for the 357 offense for which he or she was found guilty, whichever is less, 358 with credit for time served while incarcerated. 359 Section 12.For the purpose of incorporating the amendment 360 made by this act to section 948.08, Florida Statutes, in a 361 reference thereto, paragraph (b) of subsection (4) of section 362 796.07, Florida Statutes, is reenacted to read: 363 796.07Prohibiting prostitution and related acts. 364 (4) 365 (b)A person who is charged with a third or subsequent 366 violation of this section, other than paragraph (2)(f), shall be 367 offered admission to a pretrial intervention program or a 368 substance abuse treatment program as provided in s. 948.08. 369 Section 13.For the purpose of incorporating the amendment 370 made by this act to section 948.08, Florida Statutes, in a 371 reference thereto, subsection (3) of section 944.026, Florida 372 Statutes, is reenacted to read: 373 944.026Community-based facilities and programs. 374 (3)(a)The department shall develop and implement 375 procedures to diagnose offenders prior to sentencing, for the 376 purpose of recommending to the sentencing court suitable 377 candidates for placement in a community-based residential drug 378 treatment facility or probation and restitution center as 379 provided in this section. The department shall also develop and 380 implement procedures to properly identify inmates prior to 381 release who demonstrate the need for or interest in and 382 suitability for placement in a community-based substance abuse 383 transition housing program as provided in this section and 384 pursuant to ss. 944.4731 and 944.704. 385 (b)Pretrial intervention programs in appropriate counties 386 to provide early counseling and supervision services to 387 specified offenders as provided in s. 948.08. 388 Section 14.For the purpose of incorporating the amendment 389 made by this act to section 948.08, Florida Statutes, in a 390 reference thereto, subsection (1) of section 948.036, Florida 391 Statutes, is reenacted to read: 392 948.036Work programs as a condition of probation, 393 community control, or other court-ordered community 394 supervision. 395 (1)Whenever an offender is required by the court to 396 participate in any work program under the provisions of this 397 chapter, enters into the pretrial intervention program pursuant 398 to s. 948.08, or volunteers to work in a supervised work program 399 conducted by a specified state, county, municipal, or community 400 service organization or to work for the victim, either as an 401 alternative to monetary restitution or as a part of the 402 rehabilitative or community control program, the offender shall 403 be considered an employee of the state for the purposes of 404 chapter 440. 405 Section 15.This act shall take effect July 1, 2025.