The Florida Senate

945.43  Admission of inmate to mental health treatment facility.--

(1)  CRITERIA.--An inmate may be admitted to a mental health treatment facility if he or she is mentally ill and is in need of care and treatment.

(2)  ADMISSION TO A MENTAL HEALTH TREATMENT FACILITY.--

(a)  An inmate may be admitted to a mental health treatment facility after notice and hearing, upon the recommendation of the warden of the facility where the inmate is confined and of the director. The recommendation shall be entered on a certificate and must be supported by the expert opinion of a psychiatrist and the second opinion of a psychiatrist or psychologist. The certificate shall be filed with the court in the county where the inmate is located and shall serve as a petition for a hearing regarding placement.

(b)  A copy of the certificate shall also be filed with the department, and copies shall be served on the inmate and the inmate's representatives, accompanied by:

1.  A written notice, in plain and simple language, that the inmate or the inmate's representative may apply at any time for a hearing on the issue of the inmate's need for treatment if he or she has previously waived such a hearing.

2.  A petition for such hearing, which requires only the signature of the inmate or the inmate's representative for completion.

3.  A written notice that the petition may be filed with the court in the county in which the inmate is hospitalized at the time and stating the name and address of the judge of such court.

4.  A written notice that the inmate or the inmate's representative may apply immediately to the court to have an attorney appointed if the inmate cannot afford one.

(c)  The petition may be filed in the county in which the inmate is being treated at any time within 6 months of the date of the certificate. The hearing shall be held in the same county, and one of the inmate's physicians at the facility shall appear as a witness at the hearing. If the court finds that the inmate is mentally ill and in need of care and treatment, it shall order that he or she be admitted to a mental health treatment facility or, if the inmate is at a mental health treatment facility, that he or she be retained there. However, the inmate may be immediately transferred to and admitted at a mental health treatment facility by executing a waiver of the hearing by express and informed consent, without awaiting the court order. The court shall authorize the mental health treatment facility to retain the inmate for up to 6 months. If, at the end of that time, continued treatment is necessary, the warden shall apply to the court for an order authorizing continued placement.

(3)  PROCEDURE FOR HEARING ON TRANSFER OF AN INMATE FOR MENTAL HEALTH TREATMENT.--If the inmate does not waive a hearing or if the inmate or the inmate's representative files a petition for a hearing after having waived it, the court shall serve notice on the warden of the facility where the inmate is confined, the director, and the allegedly mentally ill inmate. The notice shall specify the date, time, and place of the hearing; the basis for the allegation of mental illness; and the names of the examining experts. The hearing shall be held within 5 days, and the court may appoint a general or special magistrate to preside. The hearing may be as informal as is consistent with orderly procedure. One of the experts whose opinion supported the recommendation shall be present at the hearing for information purposes. If, at the hearing, the court finds that the inmate is mentally ill and in need of care and treatment, it shall order that he or she be transferred to a mental health treatment facility and provided appropriate treatment. The court shall provide a copy of its order authorizing transfer and all supporting documentation relating to the inmate's condition to the warden of the treatment facility. If the court finds that the inmate is not mentally ill, it shall dismiss the petition for transfer.

(4)  ADMISSION; WHEN REFUSAL ALLOWED.--The warden of a treatment facility may refuse to admit any inmate who is not accompanied by adequate court orders and documentation, as required in ss. 945.40-945.49.

History.--s. 1, ch. 82-224; s. 29, ch. 84-361; s. 75, ch. 85-62; s. 4, ch. 96-422; s. 1860, ch. 97-102; s. 20, ch. 2000-161; s. 103, ch. 2004-11.