| 1 | A bill to be entitled |
| 2 | An act relating to sexually violent predators; amending s. |
| 3 | 394.916, F.S.; providing that a trial in a proceeding to |
| 4 | commit a sexually violent predator may be continued once |
| 5 | if specified conditions are met; providing that no |
| 6 | additional continuances may be granted unless a court |
| 7 | finds that a manifest injustice would occur; providing for |
| 8 | a determination of competency to proceed in such a |
| 9 | commitment trial; providing for placement of incompetent |
| 10 | persons in secure forensic mental health facilities until |
| 11 | competence is restored; creating s. 394.9171, F.S.; |
| 12 | providing for committed sexually violent predators to |
| 13 | petition for transfer to commitment to secure forensic |
| 14 | mental health facilities; provides that such a transfer is |
| 15 | the equivalent of an involuntary inpatient placement under |
| 16 | a specified provision; creating s. 394.932, F.S.; |
| 17 | requiring the Justice Administrative Commission to |
| 18 | maintain a registry of mental health and other experts; |
| 19 | providing for advertising of the registry; requiring the |
| 20 | commission to advise registry users that it is their |
| 21 | responsibility to verify a listed person's qualifications; |
| 22 | providing for electronic publication; providing an |
| 23 | effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Subsection (2) of section 394.916, Florida |
| 28 | Statutes, is amended, and subsection (6) is added to that |
| 29 | section, to read: |
| 30 | 394.916 Trial; counsel and experts; indigent persons; |
| 31 | competence to proceed; jury.-- |
| 32 | (2) The trial may be continued once upon the request of |
| 33 | either party for not more than 90 days upon and a showing of |
| 34 | good cause, or by the court on its own motion in the interests |
| 35 | of justice, when the person will not be substantially |
| 36 | prejudiced. No additional continuances may be granted unless the |
| 37 | court finds that a manifest injustice would otherwise occur. |
| 38 | (6) Upon the filing of a suggestion of incompetency, or |
| 39 | upon the court's own motion, the court shall hold a hearing to |
| 40 | determine by clear and convincing evidence whether the person is |
| 41 | competent to proceed. In considering whether the person is |
| 42 | competent to proceed, the court shall consider the factors in s. |
| 43 | 916.12(3) and any other factors deemed relevant by the experts. |
| 44 | If the court determines that the person is incompetent to |
| 45 | proceed, the person shall be placed in a secure forensic mental |
| 46 | health facility operated under chapter 916 until such time as |
| 47 | the person's competence to proceed is restored. |
| 48 | Section 2. Section 394.9171, Florida Statutes, is created |
| 49 | to read: |
| 50 | 394.9171 Transfer to secure forensic mental health |
| 51 | facility.--At any time after commitment, a person committed |
| 52 | under this part may petition the court for transfer to a secure |
| 53 | forensic mental health facility operated under chapter 916. If |
| 54 | the court finds that the committed person's mental condition is |
| 55 | such that the person is incapable of meaningful participation in |
| 56 | the sex offender treatment, then the person shall be transferred |
| 57 | to a secure forensic mental health facility operated under |
| 58 | chapter 916 until such time as the person's competence to |
| 59 | proceed is restored. Such transfer shall be the equivalent of an |
| 60 | involuntary inpatient placement pursuant to s. 394.467. |
| 61 | Section 3. Section 394.932, Florida Statutes, is created |
| 62 | to read: |
| 63 | 394.932 Registry of experts.--The Justice Administrative |
| 64 | Commission shall maintain a registry of mental health and other |
| 65 | experts who are available and willing to provide examinations |
| 66 | and expert testimony in proceedings held under this part. The |
| 67 | commission shall advertise the registry in professional trade |
| 68 | publications on a periodic basis and shall list the name and |
| 69 | contact information for all persons holding themselves out to be |
| 70 | qualified to provide examinations and expert testimony pursuant |
| 71 | to this part upon request. It shall be the sole responsibility |
| 72 | of parties using the services of a person listed on the registry |
| 73 | to verify the qualifications of that person. The commission |
| 74 | shall advise all parties that use the registry that it has not |
| 75 | verified the professional qualifications of the persons listed |
| 76 | on the registry and that it is the party's responsibility to |
| 77 | verify the person's professional qualifications. The commission |
| 78 | may electronically publish the names and contact information of |
| 79 | persons requesting to be listed on the registry. |
| 80 | Section 4. This act shall take effect July 1, 2006. |