HB 581

1	A bill to be entitled
2	An act relating to forensic services; amending s. 916.105,
3	F.S.; providing legislative intent that forensic services
4	be provided to a person charged with a misdemeanor as well
5	as a felony offense; amending ss. 916.106, 916.107,
6	916.13, and 916.302, F.S., relating to definitions, the
7	rights of forensic clients, the involuntary commitment of
8	a defendant with mental illness, and the involuntary
9	commitment of a defendant determined to be incompetent;
10	conforming provisions to changes made by the act;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsection (1) of section 916.105, Florida
16	Statutes, is amended to read:
17	916.105  Legislative intent.-
18	(1)  It is the intent of the Legislature that the
19	Department of Children and Family Services and the Agency for
20	Persons with Disabilities, as appropriate, establish, locate,
21	and maintain separate and secure forensic facilities and
22	programs for the treatment or training of defendants who have
23	been charged with a misdemeanor or felony, and who have been
24	found to be incompetent to proceed due to their mental illness,
25	mental retardation, or autism, or who have been acquitted of a
26	misdemeanor or felony by reason of insanity, and who, while
27	still under the jurisdiction of the committing court, are
28	committed to the department or agency under the provisions of
29	this chapter. Such facilities must be able shall be sufficient
30	to accommodate the number of defendants committed under the
31	conditions noted above. Except for those defendants found by the
32	department or agency to be appropriate for treatment or training
33	in a civil facility or program pursuant to subsection (3),
34	forensic facilities shall be designed and administered so that
35	ingress and egress, together with other requirements of this
36	chapter, may be strictly controlled by staff responsible for
37	security in order to protect the defendant, facility personnel,
38	other clients, and citizens in adjacent communities.
39	Section 2.  Subsections (6) and (7) of section 916.106,
40	Florida Statutes, are amended to read:
41	916.106  Definitions.-For the purposes of this chapter, the
42	term:
43	(6)  "Defendant" means an adult, or a juvenile who is
44	prosecuted as an adult, who has been arraigned and charged with
45	a misdemeanor or felony offense under the laws of this state.
46	(7)  "Department" means the Department of Children and
47	Family Services. The department is responsible for the treatment
48	of forensic clients who have been determined incompetent to
49	proceed due to mental illness or who have been acquitted of a
50	misdemeanor or felony by reason of insanity.
51	Section 3.  Paragraph (a) of subsection (1) of section
52	916.107, Florida Statutes, is amended to read:
53	916.107  Rights of forensic clients.-
54	(1)  RIGHT TO INDIVIDUAL DIGNITY.-
55	(a)  The policy of the state is that the individual dignity
56	of the client shall be respected at all times and upon all
57	occasions, including any occasion when the forensic client is
58	detained, transported, or treated. Clients with mental illness,
59	retardation, or autism and who are charged with committing a
60	misdemeanor or felony felonies shall receive appropriate
61	treatment or training. In a criminal case involving a client who
62	has been adjudicated incompetent to proceed or not guilty by
63	reason of insanity, a jail may be used as an emergency facility
64	for up to 15 days following the date the department or agency
65	receives a completed copy of the court commitment order
66	containing all documentation required by the applicable Florida
67	Rules of Criminal Procedure. For a forensic client who is held
68	in a jail awaiting admission to a facility of the department or
69	agency, evaluation and treatment or training may be provided in
70	the jail by the local community mental health provider for
71	mental health services, by the developmental disabilities
72	program for persons with retardation or autism, the client's
73	physician or psychologist, or any other appropriate program
74	until the client is transferred to a civil or forensic facility.
75	Section 4.  Section 916.13, Florida Statutes, is amended to
76	read:
77	916.13  Involuntary commitment of defendant adjudicated
78	incompetent.-
79	(1)  Every defendant who is charged with a misdemeanor or
80	felony and who is adjudicated incompetent to proceed may be
81	involuntarily committed for treatment upon a finding by the
82	court of clear and convincing evidence that:
83	(a)  The defendant has a mental illness and because of the
84	mental illness:
85	1.  The defendant is manifestly incapable of surviving
86	alone or with the help of willing and responsible family or
87	friends, including available alternative services, and, without
88	treatment, the defendant is likely to suffer from neglect or
89	refuse to care for herself or himself and such neglect or
90	refusal poses a real and present threat of substantial harm to
91	the defendant's well-being; or
92	2.  There is a substantial likelihood that in the near
93	future the defendant will inflict serious bodily harm on herself
94	or himself or another person, as evidenced by recent behavior
95	causing, attempting, or threatening such harm;
96	(b)  All available, less restrictive treatment
97	alternatives, including treatment in community residential
98	facilities or community inpatient or outpatient settings, which
99	would offer an opportunity for improvement of the defendant's
100	condition have been judged to be inappropriate; and
101	(c)  There is a substantial probability that the mental
102	illness causing the defendant's incompetence will respond to
103	treatment and the defendant will regain competency to proceed in
104	the reasonably foreseeable future.
105	(2)  A defendant who has been charged with a misdemeanor or
106	felony and who has been adjudicated incompetent to proceed due
107	to mental illness, and who meets the criteria for involuntary
108	commitment to the department under the provisions of this
109	chapter, may be committed to the department, and the department
110	shall retain and treat the defendant. No later than 6 months
111	after the date of admission and at the end of any period of
112	extended commitment, or at any time the administrator or
113	designee shall have determined that the defendant has regained
114	competency to proceed or no longer meets the criteria for
115	continued commitment, the administrator or designee shall file a
116	report with the court pursuant to the applicable Florida Rules
117	of Criminal Procedure.
118	Section 5.  Subsection (1) and paragraph (a) of subsection
119	(2) of section 916.302, Florida Statutes, are amended to read:
120	916.302  Involuntary commitment of defendant determined to
121	be incompetent to proceed.-
122	(1)  CRITERIA.-Every defendant who is charged with a
123	misdemeanor or felony and who is adjudicated incompetent to
124	proceed due to retardation or autism may be involuntarily
125	committed for training upon a finding by the court of clear and
126	convincing evidence that:
127	(a)  The defendant has retardation or autism;
128	(b)  There is a substantial likelihood that in the near
129	future the defendant will inflict serious bodily harm on himself
130	or herself or another person, as evidenced by recent behavior
131	causing, attempting, or threatening such harm;
132	(c)  All available, less restrictive alternatives,
133	including services provided in community residential facilities
134	or other community settings, which would offer an opportunity
135	for improvement of the condition have been judged to be
136	inappropriate; and
137	(d)  There is a substantial probability that the
138	retardation or autism causing the defendant's incompetence will
139	respond to training and the defendant will regain competency to
140	proceed in the reasonably foreseeable future.
141	(2)  ADMISSION TO A FACILITY.-
142	(a)  A defendant who has been charged with a misdemeanor or
143	felony and who is found to be incompetent to proceed due to
144	retardation or autism, and who meets the criteria for
145	involuntary commitment to the agency under the provisions of
146	this chapter, shall be committed to the agency, and the agency
147	shall retain and provide appropriate training for the defendant.
148	Within No later than 6 months after the date of admission or at
149	the end of any period of extended commitment or at any time the
150	administrator or designee shall have determined that the
151	defendant has regained competency to proceed or no longer meets
152	the criteria for continued commitment, the administrator or
153	designee shall file a report with the court pursuant to this
154	chapter and the applicable Florida Rules of Criminal Procedure.
155	Section 6.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.