The Florida Senate

916.302  Involuntary commitment of defendant determined to be incompetent to proceed due to retardation or autism.--

(1)  CRITERIA.--Every defendant who is charged with a felony and who is found to be incompetent to proceed, pursuant to this chapter and the applicable Florida Rules of Criminal Procedure, may be involuntarily committed for training upon a finding by the court of clear and convincing evidence that:

(a)  The defendant is retarded or autistic;

(b)  There is a substantial likelihood that in the near future the defendant will inflict serious bodily harm on himself or herself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm;

(c)  All available, less restrictive alternatives, including services provided in community residential facilities or other community settings, which would offer an opportunity for improvement of the condition have been judged to be inappropriate; and

(d)  There is a substantial probability that the retardation or autism causing the defendant's incompetence will respond to training and the defendant will regain competency to proceed in the reasonably foreseeable future.

(2)  ADMISSION TO A FACILITY.--

(a)  A defendant who has been charged with a felony and who is found to be incompetent to proceed, and who meets the criteria for commitment to the department under the provisions of this chapter, shall be committed to the department, and the department shall retain and serve the defendant. No later than 6 months after the date of admission or at the end of any period of extended commitment or at any time the administrator or designee shall have determined that the defendant has regained competency to proceed or no longer meets the criteria for continued commitment, the administrator or designee shall file a report with the court pursuant to this chapter and the applicable Florida Rules of Criminal Procedure.

(b)  A defendant determined to be incompetent to proceed due to retardation or autism may be ordered by a circuit court into a secure facility designated by the department for retarded or autistic defendants.

(c)  The department may transfer a defendant from a designated secure facility to another designated secure facility and must notify the court of the transfer within 30 days after the transfer is completed.

(d)  The department may not transfer a defendant from a designated secure facility to a nonsecure facility without first notifying the court, and all parties, 30 days before the proposed transfer. If the court objects to the proposed transfer to a nonsecure facility, it must send its written objection to the department. The department may transfer the defendant unless it receives the written objection from the court within 30 days after the court's receipt of the notice of the proposed transfer.

(3)  PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.--

(a)  If a defendant is both retarded or autistic and mentally ill, evaluations must address which condition is primarily affecting the defendant's competency to proceed. Referral of the defendant should be made to the facility or program most appropriate to address the symptoms which are the cause of the defendant's incompetence.

(b)  Transfer from one facility or program to another facility or program may occur when, in the department's judgment, it is in the defendant's best treatment or training interests. Transfer will require an amended order from the committing court.

History.--s. 25, ch. 98-92.