HB 1831

1	A bill to be entitled
2	An act relating to inmates under sentence of death;
3	amending s. 922.07, F.S.; providing for procedures when a
4	person under sentence of death is alleged to be insane;
5	requiring the Department of Children and Family Services
6	to supply a treatment team to evaluate and treat the
7	person; requiring the treatment team to report to the
8	Governor within a specified time; authorizing the Governor
9	to appoint a commission to reexamine the person; providing
10	that if the Governor determines that the person has
11	regained the mental capacity to understand the nature of
12	the death penalty, the Governor shall lift the stay and
13	proceed with the execution; creating s. 945.50, F.S.;
14	providing for applicability of section to inmates under
15	sentence of death; providing an exemption from specified
16	provisions; providing a purpose; providing that an inmate
17	is not incompetent because the inmate needs psychotropic
18	medication to be competent; defining psychotropic
19	medication; providing for committing an inmate under
20	sentence of death to the Department of Children and Family
21	Services or the Agency for Persons with Disabilities for
22	treatment or training; requiring the Department of
23	Children and Family Services or the Agency for Persons
24	with Disabilities to provide treatment or training
25	services at a place designated by the Department of
26	Corrections; providing for involuntary treatment of an
27	inmate found not to be competent to proceed who refuses to
28	give express and informed consent to the treatment or
29	training; providing procedures for emergency and
30	nonemergency situations; providing for a hearing;
31	providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Section 922.07, Florida Statutes, is amended to
36	read:
37	922.07  Proceedings when person under sentence of death is
38	alleged appears to be insane.--
39	(1)  If, at least 10 days before a scheduled execution,
40	When the Governor receives written notification from the counsel
41	of record for the convicted person or from a prison
42	administrator is informed that a person under sentence of death
43	may be insane, the Governor shall stay execution of the sentence
44	and appoint a commission of three psychiatrists to examine the
45	convicted person. The Governor shall notify the psychiatrists in
46	writing that they are to examine the convicted person to
47	determine whether he or she understands the nature and effect of
48	the death penalty and why it is to be imposed upon him or her.
49	The examination of the convicted person shall take place with
50	all three psychiatrists present at the same time. Counsel for
51	the convicted person and the state attorney may be present at
52	the examination. If the convicted person does not have counsel,
53	the court that imposed the sentence shall appoint counsel to
54	represent him or her.
55	(2)  After receiving the report of the commission, if the
56	Governor decides that the convicted person has the mental
57	capacity to understand the nature of the death penalty and the
58	reasons why it was imposed upon him or her, the Governor shall
59	immediately lift the stay and notify the Attorney General of
60	such action. Within 10 days after such notification, the
61	Governor must set the new date for execution of the death
62	sentence. When the new date for execution of the death sentence
63	is set by the Governor under this subsection, the Attorney
64	General shall notify the convicted person's inmate's counsel of
65	record of the date and time of execution.
66	(3)  If the Governor decides that the convicted person does
67	not have the mental capacity to understand the nature of the
68	death penalty and why it was imposed on him or her, the Governor
69	shall have the convicted person transferred committed to a
70	Department of Corrections mental health treatment facility
71	capable of housing death row inmates. A treatment team from the
72	Department of Children and Family Services shall provide
73	evaluation and treatment services to the convicted person. The
74	treatment team shall report to the Governor on the mental
75	condition of the convicted person every 30 days.
76	(4)  At any time after the convicted When a person under
77	sentence of death has been transferred committed to a Department
78	of Corrections mental health treatment facility as provided in
79	subsection (3), he or she shall be kept there until the facility
80	administrator determines that he or she has been restored to
81	sanity. The facility administrator shall notify the Governor of
82	his or her determination, and the Governor may shall appoint
83	another commission to proceed as provided in subsection (1).
84	After receiving the commission's report, if the Governor decides
85	that the convicted person has regained sufficient mental
86	capacity to understand the nature of the death penalty and the
87	reasons it was imposed, the Governor shall lift the stay and
88	proceed as provided in subsection (2).
89	(5)  The Governor shall allow reasonable fees to
90	psychiatrists appointed under the provisions of this section
91	which shall be paid by the state.
92	Section 2.  Section 945.50, Florida Statutes, is created to
93	read:
94	945.50  Mental health treatment and training of inmates
95	under sentence of death.--
96	(1)  This section shall apply to an inmate under sentence
97	of death who is found incompetent to proceed in capital
98	postconviction proceedings, mentally retarded, or unable to
99	understand the nature of the death penalty and the reasons why
100	it was imposed.
101	(2)  The purpose of this section is to provide treatment
102	and training necessary to make the inmate competent to proceed
103	in capital postconviction proceedings and able to understand the
104	nature of the death penalty and the reasons why it was imposed.
105	(3)  Chapters 393, 394, and 916 do not apply to an inmate
106	under sentence of death.
107	(4)  An inmate who, because of psychotropic medication, is
108	able to understand the nature of the proceedings and assist in
109	the inmate's own defense shall not be deemed incompetent to
110	proceed in capital postconviction proceedings simply because the
111	inmate's satisfactory mental functioning is dependent upon such
112	medication. An inmate who, because of psychotropic medication,
113	is able to understand the nature of the death penalty and the
114	reasons why it was imposed shall not be deemed subsequently
115	unable to understand the nature of the death penalty and the
116	reasons why it was imposed simply because the inmate's
117	satisfactory mental functioning is dependent upon such
118	medication. As used in this section, "psychotropic medication"
119	means any drug or compound used to treat mental or emotional
120	disorders affecting the mind, behavior, intellectual functions,
121	perception, moods, or emotions and includes antipsychotic,
122	antidepressant, antimanic, and antianxiety drugs.
123	(5)  An inmate found incompetent to proceed in capital
124	postconviction proceedings by reason of mental illness, or an
125	inmate found to be unable to understand the nature of the death
126	penalty and the reasons why it was imposed, may be involuntarily
127	committed to the Department of Children and Family Services. An
128	inmate found incompetent to proceed in capital postconviction
129	proceedings by reason of mental retardation may be involuntarily
130	committed to the Agency for Persons with Disabilities.
131	(6)  Regardless of the commitment, the department shall
132	retain custody of the inmate. The department shall, in its sole
133	discretion, place the inmate in the correctional facility it
134	determines is best equipped to treat or train such inmate and is
135	best suited to the security and custody needs of the inmate
136	sentenced to death.
137	(7)  Personnel from the Department of Children and Family
138	Services or the Agency for Persons with Disabilities shall
139	provide treatment or training at the inmate's facility. Such
140	personnel shall also be responsible for providing all reports
141	required by court order or court rule.
142	(8)  If the court determines that the inmate is competent
143	to proceed, it shall enter its order so finding, discharge the
144	involuntary commitment order as to the Department of Children
145	and Family Services or the Agency for Persons with Disabilities,
146	and proceed with the inmate's postconviction proceedings. If the
147	court determines that the inmate understands the nature of the
148	death penalty and the reasons why it was imposed, the court
149	shall enter its order so finding and shall notify the Governor.
150	(9)  An inmate who has been found incompetent to proceed in
151	capital postconviction proceedings, or who has been found to not
152	understand the nature of the death penalty and the reasons why
153	it was imposed, and who is involuntarily committed to the
154	Department of Children and Family Services under this section,
155	shall be asked to give express and informed written consent for
156	medical treatment. If the inmate is unable or refuses to give
157	express and informed written consent for treatment, including
158	psychotropic medications, which treatment the Department of
159	Children and Family Services deems necessary to restoration of
160	the inmate's competency or sanity, or for the safety of the
161	inmate or others, such treatment may be provided under the
162	following circumstances:
163	(a)  In an emergency situation in which there is immediate
164	danger to the safety of the inmate or others, such treatment may
165	be provided upon the written order of a physician for a period
166	not to exceed 48 hours, excluding weekends and legal holidays.
167	If, after the 48-hour period, the inmate has not given express
168	and informed consent to the treatment, the Department of
169	Children and Family Services shall, within 48 hours, excluding
170	weekends and legal holidays, petition the committing court or
171	other authorized circuit court for an order authorizing the
172	continued treatment of the inmate. In the interim, treatment may
173	be continued without the consent of the inmate upon the
174	continued written order of a physician who has determined that
175	the emergency situation continues to present a danger to the
176	safety of the inmate or others.
177	(b)  In a situation other than an emergency situation, the
178	Department of Children and Family Services shall petition the
179	court for an order authorizing the treatment for the inmate. The
180	order shall require the inmate to submit to the treatment for a
181	period not to exceed 90 days from the date of the entry of the
182	order. If the inmate does not provide express and informed
183	consent in writing to the continuation of treatment, the court
184	may continue the order for treatment for successive 90-day
185	periods, continuing until the inmate provides consent or the
186	involuntary commitment order is discharged by the court.
187	(c)  At a hearing on the issue of whether the court should
188	order treatment for which an inmate has not given express and
189	informed consent, the court shall determine by clear and
190	convincing evidence that the inmate is in need of services and
191	that the proposed treatment is necessary for restoration to
192	competency or sanity. In arriving at the decision, the court
193	must consider the following factors:
194	1.  The inmate's expressed preference.
195	2.  The probability of adverse side effects.
196	3.  The prognosis for restoration to competency or sanity
197	without treatment or training.
198	4.  The prognosis for restoration to competency or sanity
199	with treatment or training.
200	(d)  If medical treatment is ordered, department medical
201	personnel may assist in providing general medical care and the
202	administering of medication.
203	(10)  Nothing in this section shall restrict the ability of
204	the department or any treating medical provider from providing
205	emergency medical treatment if such treatment is deemed
206	lifesaving or there is a situation threatening serious bodily
207	harm to the inmate.
208	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.