House Bill hb0949e1
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HB 949, First Engrossed/ntc
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.
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14 Be It Enacted by the Legislature of the State of Florida:
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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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HB 949, First Engrossed/ntc
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 residential commitment of a person committed to the
27 custody of the Department of Juvenile Justice, except that in
28 the case of persons who are committed to low or moderate risk,
29 written notice must be given as soon as practicable; or
30 (c)(b) At least 180 days prior to the anticipated
31 hearing regarding possible release of a person committed to
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HB 949, First Engrossed/ntc
1 the custody of the department who has been found not guilty by
2 reason of insanity or mental incapacity of a sexually violent
3 offense.
4 (2) The agency with jurisdiction shall provide the
5 multidisciplinary team with the following information:
6 (a) The person's name; identifying characteristics;
7 anticipated future residence; the type of supervision the
8 person will receive in the community, if any; and the person's
9 offense history;
10 (b) The person's criminal history, including police
11 reports, victim statements, presentence investigation reports,
12 postsentence investigation reports, if available, and any
13 other documents containing facts of the person's criminal
14 incidents;
15 (c) Mental health, mental status, and medical records,
16 including all clinical records and notes concerning the
17 person;
18 (d) Documentation of institutional adjustment and any
19 treatment received and, in the case of an adjudicated
20 delinquent committed to the Department of Juvenile Justice,
21 copies of the most recent performance plan and performance
22 summary; and
23 (e) If the person was returned to custody after a
24 period of supervision, documentation of adjustment during
25 supervision and any treatment received.
26 (3)(a) The secretary or his or her designee shall
27 establish a multidisciplinary team or teams.
28 (b) Each team shall include, but is not limited to,
29 two licensed psychiatrists or psychologists or one licensed
30 psychiatrist and one licensed psychologist. The
31 multidisciplinary team shall assess and evaluate each person
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HB 949, First Engrossed/ntc
1 referred to the team. The assessment and evaluation shall
2 include a review of the person's institutional history and
3 treatment record, if any, the person's criminal background,
4 and any other factor that is relevant to the determination of
5 whether such person is a sexually violent predator.
6 (c) Before recommending that a person meets the
7 definition of a sexually violent predator, the person must be
8 offered a personal interview. If the person agrees to
9 participate in a personal interview, at least one member of
10 the team who is a licensed psychiatrist or psychologist must
11 conduct a personal interview of the person. If the person
12 refuses to fully participate in a personal interview, the
13 multidisciplinary team may proceed with its recommendation
14 without a personal interview of the person.
15 (d) The Attorney General's Office shall serve as legal
16 counsel to the multidisciplinary team.
17 (e) Within 180 90 days after receiving notice, there
18 shall be a written assessment as to whether the person meets
19 the definition of a sexually violent predator and a written
20 recommendation, which shall be provided to the state attorney.
21 The written recommendation shall be provided by the Department
22 of Children and Family Services and shall include the written
23 report of the multidisciplinary team.
24 (4) The provisions of this section are not
25 jurisdictional, and failure to comply with them in no way
26 prevents the state attorney from proceeding against a person
27 otherwise subject to the provisions of this part.
28 Section 2. Subsection (2) of section 394.917, Florida
29 Statutes, is amended to read:
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HB 949, First Engrossed/ntc
1 394.917 Determination; commitment procedure;
2 mistrials; housing; counsel and costs in indigent appellate
3 cases.--
4 (2) If the court or jury determines that the person is
5 a sexually violent predator, upon the expiration of the
6 incarcerative portion of all criminal sentences and
7 disposition of any detainers other than detainers for
8 deportation by the United States Immigration and
9 Naturalization Service, the person shall be committed to the
10 custody of the Department of Children and Family Services for
11 control, care, and treatment until such time as the person's
12 mental abnormality or personality disorder has so changed that
13 it is safe for the person to be at large. At all times,
14 persons sexually violent predators who are detained or
15 committed for control, care, and treatment by the Department
16 of Children and Family Services under this part section shall
17 be kept in a secure facility segregated from patients of the
18 department who are not detained or committed under this part
19 section.
20 Section 3. The catchline to section 394.929, Florida
21 Statutes, is amended to read:
22 394.929 Program Department of Children and Family
23 Services responsible for costs.--
24 Section 4. This act shall take effect July 1, 2002.
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