House Bill hb0949
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    Florida House of Representatives - 2002                 HB 949
        By Representative Trovillion
  1                      A bill to be entitled
  2         An act relating to sexually violent offenders;
  3         amending s. 394.913, F.S.; requiring the agency
  4         with jurisdiction over a person convicted of a
  5         sexually violent offense to provide earlier
  6         notice of the offender's anticipated release;
  7         revising the time for preparing the assessment
  8         as to whether the offender is a sexually
  9         violent predator; amending s. 394.917, F.S.;
10         requiring detainees to be segregated from other
11         patients; amending s. 394.929, F.S.; revising a
12         catchline; providing an effective date.
13
14  Be It Enacted by the Legislature of the State of Florida:
15
16         Section 1.  Section 394.913, Florida Statutes, is
17  amended to read:
18         394.913  Notice to state attorney and multidisciplinary
19  team of release of sexually violent predator; establishing
20  multidisciplinary teams; information to be provided to
21  multidisciplinary teams.--
22         (1)  The agency with jurisdiction over a person who has
23  been convicted of a sexually violent offense shall give
24  written notice to the multidisciplinary team, and a copy to
25  the state attorney of the circuit where that person was last
26  convicted of a sexually violent offense. If the person has
27  never been convicted of a sexually violent offense in this
28  state but has been convicted of a sexually violent offense in
29  another state or in federal court, the agency with
30  jurisdiction shall give written notice to the
31  multidisciplinary team and a copy to the state attorney of the
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    Florida House of Representatives - 2002                 HB 949
    563-177-02
  1  circuit where the person was last convicted of any offense in
  2  this state. If the person is being confined in this state
  3  pursuant to interstate compact and has a prior or current
  4  conviction for a sexually violent offense, the agency with
  5  jurisdiction shall give written notice to the
  6  multidisciplinary team and a copy to the state attorney of the
  7  circuit where the person plans to reside upon release or, if
  8  no residence in this state is planned, the state attorney in
  9  the circuit where the facility from which the person to be
10  released is located. Except as provided in s. 394.9135, the
11  written notice must be given to the multidisciplinary team and
12  the state attorney at least 365 days or, in the case of an
13  adjudicated committed delinquent, at least 90 days before:
14         (a)  At least 545 days prior to the anticipated release
15  from total confinement of a person serving a sentence in the
16  custody of the Department of Corrections, except that in the
17  case of persons who are totally confined for a period of less
18  than 545 days, written notice must be given as soon as
19  practicable The anticipated release from total confinement of
20  a person who has been convicted of a sexually violent offense,
21  except that in the case of persons who have been returned to
22  total confinement for no more than 90 days, written notice
23  must be given as soon as practicable following the person's
24  return to confinement; or
25         (b)  At least 180 days prior to the anticipated release
26  from total confinement of a person committed to the custody of
27  the Department of Juvenile Justice; or
28         (c)(b)  At least 180 days prior to the anticipated
29  hearing regarding possible release of a person committed to
30  the custody of the department who has been found not guilty by
31
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    Florida House of Representatives - 2002                 HB 949
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  1  reason of insanity or mental incapacity of a sexually violent
  2  offense.
  3         (2)  The agency with jurisdiction shall provide the
  4  multidisciplinary team with the following information:
  5         (a)  The person's name; identifying characteristics;
  6  anticipated future residence; the type of supervision the
  7  person will receive in the community, if any; and the person's
  8  offense history;
  9         (b)  The person's criminal history, including police
10  reports, victim statements, presentence investigation reports,
11  postsentence investigation reports, if available, and any
12  other documents containing facts of the person's criminal
13  incidents;
14         (c)  Mental health, mental status, and medical records,
15  including all clinical records and notes concerning the
16  person;
17         (d)  Documentation of institutional adjustment and any
18  treatment received and, in the case of an adjudicated
19  delinquent committed to the Department of Juvenile Justice,
20  copies of the most recent performance plan and performance
21  summary; and
22         (e)  If the person was returned to custody after a
23  period of supervision, documentation of adjustment during
24  supervision and any treatment received.
25         (3)(a)  The secretary or his or her designee shall
26  establish a multidisciplinary team or teams.
27         (b)  Each team shall include, but is not limited to,
28  two licensed psychiatrists or psychologists or one licensed
29  psychiatrist and one licensed psychologist. The
30  multidisciplinary team shall assess and evaluate each person
31  referred to the team. The assessment and evaluation shall
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    Florida House of Representatives - 2002                 HB 949
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  1  include a review of the person's institutional history and
  2  treatment record, if any, the person's criminal background,
  3  and any other factor that is relevant to the determination of
  4  whether such person is a sexually violent predator.
  5         (c)  Before recommending that a person meets the
  6  definition of a sexually violent predator, the person must be
  7  offered a personal interview. If the person agrees to
  8  participate in a personal interview, at least one member of
  9  the team who is a licensed psychiatrist or psychologist must
10  conduct a personal interview of the person. If the person
11  refuses to fully participate in a personal interview, the
12  multidisciplinary team may proceed with its recommendation
13  without a personal interview of the person.
14         (d)  The Attorney General's Office shall serve as legal
15  counsel to the multidisciplinary team.
16         (e)  Within 180 90 days after receiving notice, there
17  shall be a written assessment as to whether the person meets
18  the definition of a sexually violent predator and a written
19  recommendation, which shall be provided to the state attorney.
20  The written recommendation shall be provided by the Department
21  of Children and Family Services and shall include the written
22  report of the multidisciplinary team.
23         (4)  The provisions of this section are not
24  jurisdictional, and failure to comply with them in no way
25  prevents the state attorney from proceeding against a person
26  otherwise subject to the provisions of this part.
27         Section 2.  Subsection (2) of section 394.917, Florida
28  Statutes, is amended to read:
29         394.917  Determination; commitment procedure;
30  mistrials; housing; counsel and costs in indigent appellate
31  cases.--
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    Florida House of Representatives - 2002                 HB 949
    563-177-02
  1         (2)  If the court or jury determines that the person is
  2  a sexually violent predator, upon the expiration of the
  3  incarcerative portion of all criminal sentences and
  4  disposition of any detainers other than detainers for
  5  deportation by the United States Immigration and
  6  Naturalization Service, the person shall be committed to the
  7  custody of the Department of Children and Family Services for
  8  control, care, and treatment until such time as the person's
  9  mental abnormality or personality disorder has so changed that
10  it is safe for the person to be at large. At all times,
11  persons sexually violent predators who are detained or
12  committed for control, care, and treatment by the Department
13  of Children and Family Services under this part section shall
14  be kept in a secure facility segregated from patients of the
15  department who are not detained or committed under this part
16  section.
17         Section 3.  The catchline to section 394.929, Florida
18  Statutes, is amended to read:
19         394.929  Program Department of Children and Family
20  Services responsible for costs.--
21         Section 4.  This act shall take effect July 1, 2002.
22
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24                          HOUSE SUMMARY
25
      Changes the length of time for providing the written
26    notice to the multidisciplinary team and the state
      attorney of the release of a person from total
27    confinement who has been convicted of a sexually violent
      offense.
28
29    Requires that the multidisciplinary team and the state
      attorney receive the written notice as soon as
30    practicable for all persons who have been convicted of a
      sexually violent offense and in total confinement for a
31    described period of time in the Department of
      Corrections.
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