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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