Broward County Veterans Treatment Court

The Seventeenth Judicial Circuit has run a veterans court in Broward County since 2012, with a felony division (VF) and a misdemeanor division (MVC), under section 394.47891 of the Florida Statutes; see the Florida entry. The Broward State Attorney's Veterans Treatment Court Program Guidelines (updated October 6, 2021) set out how cases get there. Getting in. The defendant applies in writing to the State Attorney with the programme application, a waiver of rights and the probable cause affidavit, voluntarily, waiving speedy trial; a case moves to the division only after arraignment. Felonies listed in section 948.06(8)(c) are excluded, as section 948.08(7) requires for felony diversion, and the State Attorney may refuse others case by case, such as charges involving a death, serious bodily injury or a firearm discharge. Restitution must be paid in full where the loss is clear, and victims are told of a diversion. A felony post-adjudication track needs a plea, a motion for a downward departure with a psychological evaluation, and eligibility for probation. Where the guidelines differ from the statute. Who decides. The guidelines say a defendant may take part "if he or she is approved by the state attorney, in consultation with the court". Section 394.47891(8)(a) says "approved by the court, in consultation with the multidisciplinary team", with the state attorney's recommendation one of the factors. The guidelines also add the defendant's military record to the statute's list of factors. Discharge. The guidelines give the chief judge and the State Attorney exclusive say over veterans "who have received dishonorable or bad conduct discharges". Section 394.47891(3)(d) names only dishonorable discharges, so a veteran with a bad conduct discharge from a special court-martial falls under the ordinary criteria. Sex offenses. Because VA "does not provide strong treatment options" for veterans accused of sex offenses, such defendants "may have to rely on their personal resources" to pay for community treatment.