IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY. CASE NO (Court Administration)

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1 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY CASE NO (Court Administration) ADMINISTRATIVE ORDER NO IN RE: ESTABLISHMENT OF VETERANS TREATMENT COURT / WHEREAS, a significant number of veterans who were exposed to prolonged combat resulting in physical injuries, post-traumatic stress disorder or traumatic brain injury, that result in mental health conditions and substance abuse disorders; and WHEREAS, such conditions sometimes make it difficult for veterans to reintegrate to civilian life, and sometimes lead to behaviors resulting in arrest; and WHEREAS, the United States Department of Veterans Affairs (Department) is able to assist the court with the provision of services for veterans eligible to receive benefits from the Department who are arrested for municipal ordinance violations, misdemeanors, and felonies ; and WHEREAS, the services provided by the Department will provide meaningful treatment for veterans that as anticipated will reduce recidivism and improve public safety; and WHEREAS, pursuant to Rule 2.215(b)(3), Judicial Administration Rules, the Chief Judge shall considering available resources, ensure the efficient and proper administration of all courts within [this] Circuit; and WHEREAS, accordingly, it has been determined the establishment of a Veterans Treatment Court ( VTC ) in this Circuit would provide a means to divert eligible veteran participants from the traditional criminal justice system and provide them support and rehabilitation through comprehensive substance abuse and/or mental health treatment, education, vocational programs; and community resource referrals for housing, childcare, and transportation, all while being judicially monitored; and WHEREAS, towards that end, the Circuit, and its justice and community partners applied for and received a grant from the U.S. Department of Justice in the amount of Three Hundred Fifty Thousand Dollars ($350,000) to support the establishment of the VTC; and 1

2 WHEREAS, additional funding in the amount of Seventy-five Thousand Dollars ($75,000) was provided by the Board of County Commissioners through its Military Affairs Board to supplement the cost of establishing the VTC; and WHEREAS, the VTC is made up of an extensive collaboration of dedicated partners, including criminal justice, federal veterans agencies, and local community veterans organizations; and WHEREAS, the target population for the VTC includes military veterans ( Veterans ) and service members ( Service Members ) who have been charged with felony non-violent criminal offenses that may or may not have accompanying misdemeanor offense(s) and who are identified with substance dependency and/or serious mental health issues; and WHEREAS, the VTC as an immediate and highly structured judicial intervention process will require the successful completion of the treatment program in lieu of probation or incarceration; and WHEREAS, the VTC will maintain strict compliance with all applicable state and federal laws, and specifically the Florida Criminal Laws and Rules, and Section , Florida Statutes; and WHEREAS, The Department has agreed to provide the Circuit with a Veterans Justice Outreach (VJO) Coordinator, on a regular basis, to be housed at the Dade County Jail, to effectuate the early identification of Veterans and Service Members who may be eligible for the VTC, to attend VTC proceedings, and to develop individualized treatment plans for each eligible Veteran or Service Member in an effort to alleviate the problems that resulted in the Veteran s or Service Member s arrest; and WHEREAS, South Florida Behavioral Health Network, Inc. (SFBHN), a network system of care is able to assist the VTC with the provisions of service for Veterans and Service Members who may not otherwise be eligible for services from the Department, with its goal being to develop, implement and refine a coordinated system of behavioral health care that is anticipated to enhance treatment and recovery services for those at risk of or who are suffering from mental health and substance abuse problems, which will further reduce recidivism and improve public safety; and WHEREAS, in addition to SFBHN, various community treatment providers have agreed to collaborate with the VTC to enhance the services provided to Veterans; and 2

3 WHEREAS, the Circuit will establish a volunteer mentor program, as more specifically described hereinafter; NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Eleventh Judicial Circuit of Florida, under Rule 2.215, Rules of Judicial Administration, it is hereby ORDERED: (1) GENERAL PROVISIONS (a) Establishment. The Veterans Treatment Court Program ( VTC ) is established for county and circuit criminal cases, effective January 19, (b) Presiding Judge. A judge assigned to the Criminal Division shall preside over the VTC, with the exclusive authority to establish the calendar for VTC hearings ( VTC Judge ). (c) Eligibility Criteria. In order to be transferred to the VTC, an individual must: i. Be a Veteran or Service Member who was arrested for a nonviolent felony offense that may or may not have an accompanying misdemeanor offense (hereinafter referred to as Defendant ). At the time of booking at a jail or first appearance, an attempt shall be made by the VJO Coordinator to determine if the Defendant is a Veteran or Service Member. If the Defendant is identified as a Veteran or Service Member, the VJO Coordinator will determine eligibility for services from the Department. ii. iii. iv. Suffer from a military-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem. Be eligible for a pretrial intervention program as prescribed in Section , Florida Statutes. Have sufficient time to consult with counsel, voluntarily agree to enter into the VTC, waive the right to a speedy trial, and review the proposed coordinated strategy while in a pretrial intervention program. 3

4 (d) Transfer Procedures. In order for a defendant to be transferred to the VTC: i. The originally assigned judge in the Circuit Criminal Division ( Division Judge ) may recommend during court proceedings the transfer of the Defendant to the VTC. ii. iii. iv. Based upon such recommendation, the Defendant will be assessed to determine if he/she meets the Eligibility Criteria set forth in paragraph (c)ii hereinabove. If the assessment determines the Defendant meets the criteria, along with input from the Division Judge, State Attorney, and Defense Counsel, the VTC Judge will make the final determination as to whether the Defendant is to be transferred to the VTC. If the transfer is authorized by the VTC Judge, the defendant will be required to execute the VTC Participation Agreement. v. Notwithstanding the above mentioned Transfer Procedures, for good cause shown, the VTC Judge shall have the discretion to authorize the transfer of a Veteran or Service Member into the VTC who does not meet all of the Eligibility Criteria. (e) VTC Section Designation. The Clerk of the Court is hereby authorized and designated to establish Section 57 in the Circuit Criminal Division for VTC cases and effectuate any and all requisite changes in CJIS regarding Section 57. Accordingly, after transfer, VTC cases will be designated as being in Section 57. (f) Volunteer Mentor Program. The Circuit will establish a volunteer mentor program comprised of specially trained volunteers to guide and support the Veterans and Service Members through the judicial process and to assist them with their treatment plan(s) and other services available from the Department and community treatment providers. (g) Services for Ineligible defendants. Those identified Veterans or Service Members who may not be eligible for services from the Department, will be screened and assessed by Circuit personnel to determine what services may be provided by collaborating community treatment providers. 4

5 (h) Termination from VTC. If a Defendant is terminated from the VTC for any reason, the case shall be transferred to the originally assigned division judge for further proceedings. (i) Number of Participants. The number of Defendants who are eligible for the VTC may be limited subject to continued authorization for the VTC and funding availability. (2) VTC POLICIES AND PROCEDURES. (a) Adoption of Policy and Procedure Manual. The Miami-Dade County Veterans Treatment Court Policy and Procedure Manual as proposed in April, 2016, incorporated by reference herein, is hereby adopted. (b) Amendments. Any amendments to the Policy and Procedure Manual may be implemented without the necessity of an Administrative Order. DONE AND ORDERED in Chambers at Miami, Dade County, Florida on this 16th day of December, BERTILA SOTO, CHIEF JUDGE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA 5