The Florida Senate

945.45  Procedure for continued placement of inmates.--

(1)  If continued placement of an inmate is necessary, the warden shall, prior to the expiration of the period during which the treatment facility is authorized to retain the inmate, request an order authorizing continued placement. This request shall be accompanied by a statement from the inmate's physician justifying the request and a brief summary of the inmate's treatment during the time he or she has been placed. In addition, the warden shall submit an individualized plan for the inmate for whom he or she is requesting continued placement. Notification of this request for retention shall be mailed to the inmate and the inmate's representative along with a completed petition, requesting only a signature and a waiver-of-hearing form. The waiver-of-hearing form shall require express and informed consent and shall state that the inmate is entitled to a hearing under the law; that the inmate is entitled to be represented by an attorney at the hearing and that, if the inmate cannot afford an attorney, one will be appointed; and that, if it is shown at the hearing that the inmate does not meet the criteria for continued placement, he or she will be transferred to another facility of the department. If the inmate or the inmate's representative does not sign the petition, or if the inmate does not sign a waiver within 15 days, the administrative law judge shall notice a hearing with regard to the inmate involved in accordance with ss. 120.569 and 120.57(1).

(2)  If, at a hearing pursuant to ss. 945.40-945.49, the administrative law judge finds that the inmate no longer meets the criteria for treatment, he or she shall order that the inmate be transferred to another facility of the department.

(3)  If the inmate waives the hearing or if the administrative law judge finds that the inmate is in need of continued treatment, the administrative law judge shall enter an order authorizing such continued treatment for a period not to exceed 1 year. The same procedure shall be repeated prior to the expiration of each additional 1-year period that the inmate is retained in the mental health treatment facility.

(4)  Hearings on requests for orders authorizing continued placement filed in accordance with this section shall be conducted in accordance with the provisions of ss. 120.569 and 120.57(1), except that any order entered by the administrative law judge shall be final and subject to judicial review in accordance with s. 120.68

History.--s. 1, ch. 82-224; s. 29, ch. 84-361; s. 321, ch. 96-410; s. 6, ch. 96-422; s. 1862, ch. 97-102; s. 22, ch. 2000-161.