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The Florida Senate

2005 Florida Statutes

Section 916.106, Florida Statutes 2005

916.106  Definitions.--For the purposes of this chapter:

(1)  "Autism" means a pervasive, neurologically based developmental disability of extended duration which causes severe learning, communication, and behavior disorders, with the age of onset of autism occurring during infancy or childhood. Individuals with autism exhibit impairment in reciprocal social interaction, impairment in verbal and nonverbal communication and imaginative ability, and a markedly restricted repertoire of activities and interests.

(2)  "Chemical weapon" means any shell, cartridge, bomb, gun, or other device capable of emitting chloroacetophenone (CN), chlorobenzalmalononitrile (CS) or any derivatives thereof in any form, or any other agent with lacrimatory properties, and shall include products such as that commonly known as "mace."

(3)  "Civil facility" means a mental health facility established within the department to serve individuals committed pursuant to chapter 394 and those defendants committed pursuant to this chapter who do not require the security provided in a forensic facility.

(4)  "Court" means the circuit court.

(5)  "Department" means the Department of Children and Family Services.

(6)  "Express and informed consent" or "consent" means consent given voluntarily in writing after a conscientious and sufficient explanation and disclosure of the purpose of the proposed treatment, the common side effects of the treatment, if any, the expected duration of the treatment, and any alternative treatment available.

(7)  "Forensic client" or "client" means any defendant who is mentally ill, retarded, or autistic and who is committed to the department pursuant to this chapter and:

(a)  Who has been determined to need treatment for a mental illness or training for retardation or autism;

(b)  Who has been found incompetent to proceed on a felony offense or has been acquitted of a felony offense by reason of insanity;

(c)  Who has been determined by the department to:

1.  Be dangerous to himself or herself or others; or

2.  Present a clear and present potential to escape; and

(d)  Who is an adult or a juvenile prosecuted as an adult.

(8)  "Forensic facility" means a separate and secure facility established within the department to serve forensic clients. Such separate and secure facilities shall be security-grade buildings located on grounds distinct in location from other facilities for persons who are mentally ill. The Florida State Hospital shall not be required to maintain separate facilities for mentally ill, retarded, or autistic defendants who are found incompetent to proceed or who are acquitted of a criminal offense by reason of insanity.

(9)  "Incompetent to proceed" means unable to proceed at any material stage of a criminal proceeding, which shall include trial of the case, pretrial hearings involving questions of fact on which the defendant might be expected to testify, entry of a plea, proceedings for violation of probation or violation of community control, sentencing, and hearings on issues regarding a defendant's failure to comply with court orders or conditions or other matters in which the mental competence of the defendant is necessary for a just resolution of the issues being considered.

(10)  "Institutional security personnel" means staff members who meet or exceed the requirements of s. 943.13 and who are responsible for providing security, for protection of clients and personnel, for the enforcement of rules, for prevention and investigation of unauthorized activities, and for safeguarding the interests of citizens in the surrounding communities.

(11)  "Mental illness" means an impairment of the emotional processes that exercise conscious control of one's actions, or of the ability to perceive or understand reality, which impairment substantially interferes with a defendant's ability to meet the ordinary demands of living. For the purposes of this chapter, the term does not apply to defendants who are solely retarded or autistic, and does not include intoxication or conditions manifested only by antisocial behavior or substance abuse impairment.

(12)  "Retardation" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the period from conception to age 18. "Significantly subaverage general intellectual functioning," for the purpose of this definition, means performance which is two or more standard deviations from the mean score on a standardized intelligence test specified in the rules of the department. "Adaptive behavior," for the purpose of this definition, means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of the individual's age, cultural group, and community.

(13)  "Social service professional," for the purposes of part III, means a person whose minimum qualifications include a bachelor's degree and at least 2 years of social work, clinical practice, special education, habilitation, or equivalent experience working directly with persons with retardation, autism, or other developmental disabilities.

History.--s. 31, ch. 85-167; s. 1527, ch. 97-102; s. 6, ch. 98-92.