Florida Senate - 2012                             CS for SB 2052
       
       
       
       By the Committees on Children, Families, and Elder Affairs; and
       Children, Families, and Elder Affairs
       
       
       
       586-02386-12                                          20122052c1
    1                        A bill to be entitled                      
    2         An act relating to sexually violent predators;
    3         amending s. 394.912, F.S.; clarifying the definition
    4         of the term “sexually violent offense” to include only
    5         a felony criminal act that has been determined beyond
    6         a reasonable doubt to have been sexually motivated;
    7         amending s. 394.913, F.S.; requiring that the
    8         Department of Children and Family Services give
    9         priority to the assessment of persons who will be
   10         released from total confinement at the earliest date
   11         under certain circumstances; amending s. 394.9135,
   12         F.S.; revising the period within which the
   13         department’s multidisciplinary team is required to
   14         provide an assessment to the state attorney; revising
   15         the period within which the state attorney may file a
   16         petition with the circuit court alleging that an
   17         offender is a sexually violent predator; amending s.
   18         394.917, F.S.; deleting a provision relating to the
   19         deportation of a sexually violent predator; creating
   20         s. 394.933, F.S.; prohibiting the introduction or
   21         attempted introduction of certain items into any
   22         facility for the detention of sexually violent
   23         predators; prohibiting the transmission or attempted
   24         transmission of prohibited items to a person
   25         incarcerated in the facility; providing that a person
   26         or vehicle entering the grounds of the facility is
   27         subject to reasonable search for and seizure of
   28         prohibited items; subjecting a person to criminal
   29         penalties for introducing or attempting to introduce a
   30         prohibited item on the grounds of a facility for the
   31         detention of sexually violent predators; creating the
   32         Statewide Workgroup on the Conditional Release of
   33         Sexually Violent Predators; providing that the
   34         workgroup is created for the purposes of assessing the
   35         appropriateness of placing sexually violent predators
   36         on conditional release in the community and, based
   37         upon its assessment, making policy recommendations to
   38         the Governor and the Legislature; providing for
   39         membership on the workgroup; providing for the payment
   40         of per diem and travel expenses; requiring the
   41         Department of Children and Family Services to provide
   42         support to the workgroup; requiring the workgroup to
   43         hold its organizational meeting by a specified date;
   44         describing the duties and responsibilities of the
   45         workgroup; requiring the workgroup to submit its
   46         report to the Governor, the President of the Senate,
   47         and the Speaker of the House of Representatives by a
   48         specified date; providing an effective date.
   49  
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsection (9) of section 394.912, Florida
   53  Statutes, is amended to read:
   54         394.912 Definitions.—As used in this part, the term:
   55         (9) “Sexually violent offense” means:
   56         (a) Murder of a human being while engaged in sexual battery
   57  in violation of s. 782.04(1)(a)2.;
   58         (b) Kidnapping of a child under the age of 13 and, in the
   59  course of that offense, committing:
   60         1. Sexual battery; or
   61         2. A lewd, lascivious, or indecent assault or act upon or
   62  in the presence of the child;
   63         (c) Committing the offense of false imprisonment upon a
   64  child under the age of 13 and, in the course of that offense,
   65  committing:
   66         1. Sexual battery; or
   67         2. A lewd, lascivious, or indecent assault or act upon or
   68  in the presence of the child;
   69         (d) Sexual battery in violation of s. 794.011;
   70         (e) Lewd, lascivious, or indecent assault or act upon or in
   71  presence of the child in violation of s. 800.04 or s.
   72  847.0135(5);
   73         (f) An attempt, criminal solicitation, or conspiracy, in
   74  violation of s. 777.04, of a sexually violent offense;
   75         (g) Any conviction for a felony offense in effect at any
   76  time before October 1, 1998, which is comparable to a sexually
   77  violent offense under paragraphs (a)-(f) or any federal
   78  conviction or conviction in another state for a felony offense
   79  that in this state would be a sexually violent offense; or
   80         (h) Any felony criminal act that, either at the time of
   81  sentencing for the offense or subsequently during civil
   82  commitment proceedings under this part, has been determined
   83  beyond a reasonable doubt to have been sexually motivated.
   84         Section 2. Paragraph (e) of subsection (3) of section
   85  394.913, Florida Statutes, is amended to read:
   86         394.913 Notice to state attorney and multidisciplinary team
   87  of release of sexually violent predator; establishing
   88  multidisciplinary teams; information to be provided to
   89  multidisciplinary teams.—
   90         (3)
   91         (e)1. Within 180 days after receiving notice, there shall
   92  be a written assessment as to whether the person meets the
   93  definition of a sexually violent predator and a written
   94  recommendation, which shall be provided to the state attorney.
   95  The written recommendation shall be provided by the Department
   96  of Children and Family Services and shall include the written
   97  report of the multidisciplinary team.
   98         2.Notwithstanding the timeframes in this section, if the
   99  written assessment and recommendation have not been completed
  100  for more than one person who will be released from total
  101  confinement in less than 365 days, the department shall give
  102  priority to the assessment of the person who will be released at
  103  the earliest date.
  104         Section 3. Subsections (2) and (3) of section 394.9135,
  105  Florida Statutes, are amended to read:
  106         394.9135 Immediate releases from total confinement;
  107  transfer of person to department; time limitations on
  108  assessment, notification, and filing petition to hold in
  109  custody; filing petition after release.—
  110         (2) Within 72 hours after transfer, the multidisciplinary
  111  team shall assess whether the person meets the definition of a
  112  sexually violent predator. If the multidisciplinary team
  113  determines that the person does not meet the definition of a
  114  sexually violent predator, that person shall be immediately
  115  released. If the multidisciplinary team determines that the
  116  person meets the definition of a sexually violent predator, the
  117  team shall provide the state attorney, as designated by s.
  118  394.913, with its written assessment and recommendation within
  119  the 72-hour period or, if the 72-hour period ends after 5 p.m.
  120  on a work day or on a weekend or holiday, within the next
  121  working day thereafter.
  122         (3) Within 48 hours after receipt of the written assessment
  123  and recommendation from the multidisciplinary team, The state
  124  attorney, as designated in s. 394.913, may file a petition with
  125  the circuit court alleging that the person is a sexually violent
  126  predator and stating facts sufficient to support such allegation
  127  within 48 hours after receipt of the written assessment and
  128  recommendation from the multidisciplinary team or by 5 p.m. of
  129  the next work day if the 48-hour period ends after 5 p.m. on a
  130  work day or on a weekend or holiday. If a petition is not timely
  131  filed within 48 hours after receipt of the written assessment
  132  and recommendation by the state attorney, the person shall be
  133  immediately released. If a petition is filed pursuant to this
  134  section and the judge determines that there is probable cause to
  135  believe that the person is a sexually violent predator, the
  136  judge shall order the person be maintained in custody and held
  137  in an appropriate secure facility for further proceedings in
  138  accordance with this part.
  139         Section 4. Subsection (2) of section 394.917, Florida
  140  Statutes, is amended to read:
  141         394.917 Determination; commitment procedure; mistrials;
  142  housing; counsel and costs in indigent appellate cases.—
  143         (2) If the court or jury determines that the person is a
  144  sexually violent predator, upon the expiration of the
  145  incarcerative portion of all criminal sentences and disposition
  146  of any detainers other than detainers for deportation by the
  147  United States Bureau of Citizenship and Immigration Services,
  148  the person shall be committed to the custody of the Department
  149  of Children and Family Services for control, care, and treatment
  150  until such time as the person’s mental abnormality or
  151  personality disorder has so changed that it is safe for the
  152  person to be at large. At all times, persons who are detained or
  153  committed under this part shall be kept in a secure facility
  154  segregated from patients of the department who are not detained
  155  or committed under this part.
  156         Section 5. Section 394.933, Florida Statutes, is created to
  157  read:
  158         394.933Introduction or removal of certain articles
  159  unlawful; penalty.—
  160         (1)(a) Except as authorized by law or as specifically
  161  authorized by the person in charge of a facility, a person may
  162  not introduce into any facility for commitment or detention of
  163  sexually violent predators under this part, or take or attempt
  164  to take or send therefrom, any of the following articles, which
  165  are declared to be contraband for the purposes of this section:
  166         1. An intoxicating beverage or a beverage that causes or
  167  may cause an intoxicating effect;
  168         2. A controlled substance as defined in chapter 893;
  169         3. A firearm or deadly weapon; or
  170         4. Any other item designated by written facility policy to
  171  be hazardous to the welfare of clients or staff or to the
  172  operation of the facility.
  173         (b) A person may not transmit to, attempt to transmit to,
  174  or cause or attempt to cause to be transmitted to or received by
  175  any client of any facility under the supervision or control of
  176  the department or agency any article or thing declared by this
  177  section to be contraband, at any place that is outside the
  178  grounds of such facility, except as authorized by law or as
  179  specifically authorized by the person in charge of the facility.
  180         (2)(a) An individual or vehicle entering the grounds of any
  181  facility to which this section applies is subject to reasonable
  182  search and seizure of any contraband materials introduced into
  183  or upon the grounds of such facility for the purpose of
  184  enforcing this section. This paragraph shall be enforced by
  185  institutional security personnel or by a law enforcement officer
  186  as defined in s. 943.10.
  187         (b) A person who violates subsection (1) commits a felony
  188  of the third degree, punishable as provided in s. 775.082, s.
  189  775.083, or s. 775.084.
  190         Section 6. Statewide Workgroup on the Conditional Release
  191  of Sexually Violent Predators.—
  192         (1) The Statewide Workgroup on the Conditional Release of
  193  Sexually Violent Predators is created.
  194         (2) The workgroup is created for the purposes of assessing
  195  the appropriateness of placing sexually violent predators on
  196  conditional release and, based upon its assessment, making
  197  policy recommendations to the Governor and the Legislature.
  198         (a) The workgroup shall consist of five members, including:
  199         1. A representative of the Department of Children and
  200  Family Services who shall be appointed by the secretary of the
  201  department.
  202         2. A representative of the Department of Corrections who
  203  shall be appointed by the secretary of the department.
  204         3. A representative from the Florida Prosecuting Attorneys
  205  Association.
  206         4. A representative from the Florida Public Defender
  207  Association.
  208         5. A representative from the Florida Association for the
  209  Treatment of Sexual Abusers.
  210         6. A representative from the Florida Parole Commission.
  211         (b) The workgroup shall elect a chair from among its
  212  members.
  213         (c) Members of the workgroup shall serve without
  214  compensation, but are entitled to receive reimbursement for per
  215  diem and travel expenses pursuant to s. 112.061, Florida
  216  Statutes, for their actual and necessary expenses incurred in
  217  the performance of their duties.
  218         (d) The Department of Children and Family Services shall
  219  provide the workgroup with staff support necessary to assist the
  220  workgroup in the performance of its duties.
  221         (3) The workgroup shall hold its organizational session by
  222  August 1, 2012. Thereafter, the workgroup shall meet at least
  223  four times. Additional meetings may be held at the request of
  224  the chair. A majority of the members of the workgroup
  225  constitutes a quorum.
  226         (4) The workgroup shall:
  227         (a) Collect and organize data concerning the practice of
  228  placing sexually violent predators on conditional release in
  229  this state;
  230         (b) Identify issues related to the use of conditional
  231  release in this state;
  232         (c) Identify the procedures, if any, used by other states
  233  to release sexually violent predators into the community and the
  234  attendant issue of supervising sexually violent predators while
  235  in the community;
  236         (d) Ascertain the costs of monitoring sexually violent
  237  predators in the community; and
  238         (e) Prepare policy recommendations for presentation to the
  239  Governor and the Legislature regarding the conditional release
  240  of sexually violent predators.
  241         (5) The workgroup shall complete its work by December 1,
  242  2012, and submit its report and recommendations to the Governor,
  243  the President of the Senate, and the Speaker of the House of
  244  Representatives by February 1, 2013.
  245         Section 7. This act shall take effect July 1, 2012.