Florida Senate - 2023                                    SB 1284
       
       
        
       By Senator Simon
       
       
       
       
       
       3-01671-23                                            20231284__
    1                        A bill to be entitled                      
    2         An act relating to criminal defendants adjudicated
    3         incompetent to proceed; amending s. 916.13, F.S.;
    4         requiring that the Department of Children and Families
    5         initiate a transfer evaluation to determine if a
    6         defendant adjudicated incompetent to proceed meets the
    7         criteria for involuntary civil commitment if it
    8         determines that the defendant will not or is unlikely
    9         to gain competence; requiring that a copy of the
   10         evaluation be provided to the court and counsel;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) is added to subsection (2) of
   16  section 916.13, Florida Statutes, to read:
   17         916.13 Involuntary commitment of defendant adjudicated
   18  incompetent.—
   19         (2) A defendant who has been charged with a felony and who
   20  has been adjudicated incompetent to proceed due to mental
   21  illness, and who meets the criteria for involuntary commitment
   22  under this chapter, may be committed to the department, and the
   23  department shall retain and treat the defendant.
   24         (d) If the department determines at any time that a
   25  defendant will not or is unlikely to gain competence to proceed,
   26  the department shall initiate a transfer evaluation to determine
   27  if the defendant meets the criteria for involuntary civil
   28  commitment, and a copy of that evaluation shall be provided to
   29  the court and counsel before initiating any transfer of the
   30  defendant back to the committing jurisdiction.
   31         Section 2. This act shall take effect July 1, 2023.