HB 5021

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
25	Be It Enacted by the Legislature of the State of Florida:
26
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 whether the person is competent to proceed. In
41	considering whether the person is competent to proceed, the
42	court shall consider the factors in s. 916.12(3) and any other
43	factors deemed relevant by the experts. If the court determines
44	that the person is incompetent to proceed, the person shall be
45	placed in a secure forensic mental health facility operated
46	under chapter 916 until such time as the person's competence to
47	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.

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