2016 Florida Statutes
SECTION 6975
Extension of involuntary services period.
Extension of involuntary services period.
397.6975 Extension of involuntary services period.—
(1) Whenever a service provider believes that an individual who is nearing the scheduled date of his or her release from involuntary services continues to meet the criteria for involuntary services in s. 397.693, a petition for renewal of the involuntary services order may be filed with the court at least 10 days before the expiration of the court-ordered services period. The court shall immediately schedule a hearing to be held not more than 15 days after filing of the petition. The court shall provide the copy of the petition for renewal and the notice of the hearing to all parties to the proceeding. The hearing is conducted pursuant to s. 397.6957.
(2) If the court finds that the petition for renewal of the involuntary services order should be granted, it may order the respondent to receive involuntary services for a period not to exceed an additional 90 days. When the conditions justifying involuntary services no longer exist, the individual must be released as provided in s. 397.6971. When the conditions justifying involuntary services continue to exist after an additional 90 days of service, a new petition requesting renewal of the involuntary services order may be filed pursuant to this section.
(3) Within 1 court working day after the filing of a petition for continued involuntary services, the court shall appoint the office of criminal conflict and civil regional counsel to represent the respondent, unless the respondent is otherwise represented by counsel. The clerk of the court shall immediately notify the office of criminal conflict and civil regional counsel of such appointment. The office of criminal conflict and civil regional counsel shall represent the respondent until the petition is dismissed or the court order expires or the respondent is discharged from involuntary services. Any attorney representing the respondent shall have access to the respondent, witnesses, and records relevant to the presentation of the respondent’s case and shall represent the interests of the respondent, regardless of the source of payment to the attorney.
(4) Hearings on petitions for continued involuntary services shall be before the circuit court. The court may appoint a magistrate to preside at the hearing. The procedures for obtaining an order pursuant to this section shall be in accordance with s. 397.697.
(5) Notice of hearing shall be provided to the respondent or his or her counsel. The respondent and the respondent’s counsel may agree to a period of continued involuntary services without a court hearing.
(6) The same procedure shall be repeated before the expiration of each additional period of involuntary services.
(7) If the respondent has previously been found incompetent to consent to treatment, the court shall consider testimony and evidence regarding the respondent’s competence.
History.—s. 6, ch. 93-39; s. 39, ch. 2009-132; s. 41, ch. 2016-241.