HB 7199

1	A bill to be entitled
2	An act relating to forensic treatment and training;
3	amending s. 916.105, F.S.; revising legislative intent
4	with respect to the treatment or training of defendants
5	who have mental illness, mental retardation, or autism and
6	are committed to the Agency for Persons with Disabilities;
7	providing intent with respect to the use of restraint and
8	seclusion; amending s. 916.106, F.S.; providing and
9	revising definitions; amending s. 916.107, F.S., relating
10	to the rights of forensic clients; conforming provisions
11	to the transfer of duties from the Developmental
12	Disabilities Program Office within the Department of
13	Children and Family Services to the Agency for Persons
14	with Disabilities; revising provisions governing the
15	involuntary treatment of clients; requiring the
16	coordination of services between the department, the
17	agency, and the Department of Corrections; amending s.
18	916.1075, F.S.; revising certain prohibitions on sexual
19	misconduct involving covered persons of the Department of
20	Children and Family Services or the Agency for Persons
21	with Disabilities; defining the term "covered person";
22	requiring that notice of sexual misconduct be provided to
23	the inspector general of the agency or department;
24	amending s. 916.1081, F.S.; providing that an escape or an
25	attempt to escape from a civil or forensic facility
26	constitutes a second-degree felony; amending s. 916.1085,
27	F.S.; providing for certain prohibitions concerning
28	contraband articles to apply to facilities under the
29	supervision or control of the Agency for Persons with
30	Disabilities; deleting a cross-reference; amending s.
31	916.1091, F.S.; authorizing the use of chemical weapons by
32	agency personnel; amending s. 916.1093, F.S.; authorizing
33	the agency to enter into contracts and adopt rules;
34	requiring department and agency rules to address the use
35	of restraint and seclusion; providing requirements for
36	such rules; amending s. 916.111, F.S.; revising provisions
37	governing the training of mental health experts; amending
38	s. 916.115, F.S.; requiring that the court appoint experts
39	to determine the mental condition of a criminal defendant;
40	requiring that the Department of Children and Family
41	Services annually provide the courts with a list of
42	certain mental health professionals; amending s. 916.12,
43	F.S.; revising provisions governing the evaluation of a
44	defendant's competence to proceed; amending s. 916.13,
45	F.S.; revising conditions under which a defendant may be
46	involuntarily committed for treatment; amending s.
47	916.145, F.S., relating to dismissal of charges against a
48	defendant adjudicated incompetent; conforming provisions
49	to changes made by the act; amending s. 916.15, F.S.;
50	clarifying that the determination of not guilty by reason
51	of insanity is made under a specified Florida Rule of
52	Criminal Procedure; amending s. 916.16, F.S.; providing
53	for the continuing jurisdiction of the court over a
54	defendant involuntarily committed due to mental illness;
55	amending s. 916.17, F.S.; clarifying circumstances under
56	which the court may order the conditional release of a
57	defendant; amending s. 916.301, F.S.; requiring that
58	certain evaluations be conducted by certain qualified
59	experts; requiring that the Agency for Persons with
60	Disabilities provide the court with a list of certain
61	available retardation and autism professionals; conforming
62	provisions to the transfer of duties from the
63	Developmental Disabilities Program Office within the
64	Department of Children and Family Services to the agency;
65	amending s. 916.3012, F.S.; clarifying provisions
66	governing the determination of a defendant's mental
67	competence to proceed; amending s. 916.302, F.S., relating
68	to the involuntary commitment of a defendant; conforming
69	provisions to the transfer of duties from the
70	Developmental Disabilities Program Office within the
71	Department of Children and Family Services to the agency;
72	requiring that the department and agency submit an
73	evaluation to the court before the transfer of a defendant
74	from one civil or forensic facility to another; amending
75	s. 916.3025, F.S.; clarifying that the committing court
76	retains jurisdiction over a defendant placed on
77	conditional release; providing for the transfer of
78	continuing jurisdiction to another court where the
79	defendant resides; amending s. 916.303, F.S.; clarifying
80	provisions governing the dismissal of charges against a
81	defendant found to be incompetent to proceed due to
82	retardation or autism; amending s. 916.304, F.S.;
83	providing for the conditional release of a defendant to a
84	civil facility; amending ss. 921.137 and 985.223, F.S.,
85	relating to provisions governing the imposition of the
86	death sentence upon a defendant with mental retardation
87	and the determination of incompetency in cases involving
88	juvenile delinquency; conforming provisions to the
89	transfer of duties from the Developmental Disabilities
90	Program Office within the Department of Children and
91	Family Services to the Agency for Persons with
92	Disabilities; amending ss. 287.057, 408.036, 943.0585, and
93	943.059, F.S.; conforming cross-references; providing an
94	effective date.
95
96	Be It Enacted by the Legislature of the State of Florida:
97
98	Section 1.  Section 916.105, Florida Statutes, is amended
99	to read:
100	916.105  Legislative intent.--
101	(1)  It is the intent of the Legislature that the
102	Department of Children and Family Services and the Agency for
103	Persons with Disabilities, as appropriate, establish, locate,
104	and maintain separate and secure forensic facilities and
105	programs for the treatment or training of defendants who have
106	been are charged with a felony and who have been found to be
107	incompetent to proceed due to their mental illness, mental
108	retardation, or autism, or who have been acquitted of a felony
109	felonies by reason of insanity, and who, while still under the
110	jurisdiction of the committing court, are committed to the
111	department or agency under the provisions of this chapter. Such
112	The separate, secure facilities shall be sufficient to
113	accommodate the number of defendants committed under the
114	conditions noted above., Except for those defendants found by
115	the department or agency to be appropriate for treatment or
116	training in a civil treatment facility or program pursuant to
117	subsection (3), forensic. Such secure facilities shall be
118	designed and administered so that ingress and egress, together
119	with other requirements of this chapter, may be strictly
120	controlled by staff responsible for security in order to protect
121	the defendant, facility personnel, other clients, and citizens
122	in adjacent communities.
123	(2)  It is further the intent of the Legislature that
124	treatment or training programs for defendants who are found to
125	have mental illness, mental retardation, or autism are found to
126	be mentally ill, retarded, or autistic and are involuntarily
127	committed to the department or agency, and who are still under
128	the jurisdiction of the committing court, be provided in such a
129	manner, subject to security requirements and other mandates of
130	this chapter, as to ensure the rights of the defendants as
131	provided in this chapter.
132	(3)  It is the intent of the Legislature that evaluation
133	and services to defendants who have mental illness, mental
134	retardation, or autism are mentally ill, retarded, or autistic
135	be provided in community settings, in community residential
136	facilities, or in civil, nonforensic facilities, whenever this
137	is a feasible alternative to treatment or training in a state
138	forensic facility.
139	(4)  It is the intent of the Legislature to minimize and
140	achieve an ongoing reduction in the use of restraint and
141	seclusion in forensic facilities serving persons with
142	developmental disabilities.
143	Section 2.  Section 916.106, Florida Statutes, is amended
144	to read:
145	916.106  Definitions.--For the purposes of this chapter,
146	the term:
147	(1)  "Agency" means the Agency for Persons with
148	Disabilities. The agency is responsible for training forensic
149	clients who are developmentally disabled due to mental
150	retardation or autism and have been determined incompetent to
151	proceed.
152	(2)(1)  "Autism" has the same meaning as in s. 393.063.
153	means a pervasive, neurologically based developmental disability
154	of extended duration which causes severe learning,
155	communication, and behavior disorders, with the age of onset of
156	autism occurring during infancy or childhood. Individuals with
157	autism exhibit impairment in reciprocal social interaction,
158	impairment in verbal and nonverbal communication and imaginative
159	ability, and a markedly restricted repertoire of activities and
160	interests.
161	(3)(2)  "Chemical weapon" means any shell, cartridge, bomb,
162	gun, or other device capable of emitting chloroacetophenone
163	(CN), chlorobenzalmalononitrile (CS) or any derivatives thereof
164	in any form, or any other agent with lacrimatory properties, and
165	shall include products such as that commonly known as "mace."
166	(4)(3)  "Civil facility" means:
167	(a)  A mental health facility established within the
168	department or by contract with the department to serve
169	individuals committed pursuant to chapter 394 and those
170	defendants committed pursuant to this chapter who do not require
171	the security provided in a forensic facility; or.
172	(b)  An intermediate care facility for the developmentally
173	disabled, a foster care facility, a group home facility, or a
174	supported living setting, as defined in s. 393.063, designated
175	by the agency to serve those defendants who do not require the
176	security provided in a forensic facility.
177	(5)(4)  "Court" means the circuit court.
178	(6)  "Defendant" means an adult, or a juvenile who is
179	prosecuted as an adult, who has been arraigned and charged with
180	a felony offense under the laws of this state.
181	(7)(5)  "Department" means the Department of Children and
182	Family Services. The department is responsible for the treatment
183	of forensic clients who have been determined incompetent to
184	proceed due to mental illness or who have been acquitted of a
185	felony by reason of insanity.
186	(8)(6)  "Express and informed consent" or "consent" means
187	consent given voluntarily in writing after a conscientious and
188	sufficient explanation and disclosure of the purpose of the
189	proposed treatment, the common side effects of the treatment, if
190	any, the expected duration of the treatment, and any alternative
191	treatment available.
192	(9)(7)  "Forensic client" or "client" means any defendant
193	who has been is mentally ill, retarded, or autistic and who is
194	committed to the department or agency pursuant to s. 916.13, s.
195	916.15, or s. 916.302. this chapter and:
196	(a)  Who has been determined to need treatment for a mental
197	illness or training for retardation or autism;
198	(b)  Who has been found incompetent to proceed on a felony
199	offense or has been acquitted of a felony offense by reason of
200	insanity;
201	(c)  Who has been determined by the department to:
202	1.  Be dangerous to himself or herself or others; or
203	2.  Present a clear and present potential to escape; and
204	(d)  Who is an adult or a juvenile prosecuted as an adult.
205	(10)(8)  "Forensic facility" means a separate and secure
206	facility established within the department or agency to serve
207	forensic clients. A Such separate and secure facility means a
208	facilities shall be security-grade building for the purpose of
209	separately housing persons who have mental illness from persons
210	with retardation or autism and separately housing persons who
211	have been involuntarily committed pursuant to this chapter from
212	nonforensic residents buildings located on grounds distinct in
213	location from other facilities for persons who are mentally ill.
214	The Florida State Hospital shall not be required to maintain
215	separate facilities for mentally ill, retarded, or autistic
216	defendants who are found incompetent to proceed or who are
217	acquitted of a criminal offense by reason of insanity.
218	(11)(9)  "Incompetent to proceed" means unable to proceed
219	at any material stage of a criminal proceeding, which shall
220	include trial of the case, pretrial hearings involving questions
221	of fact on which the defendant might be expected to testify,
222	entry of a plea, proceedings for violation of probation or
223	violation of community control, sentencing, and hearings on
224	issues regarding a defendant's failure to comply with court
225	orders or conditions or other matters in which the mental
226	competence of the defendant is necessary for a just resolution
227	of the issues being considered.
228	(12)(10)  "Institutional security personnel" means the
229	staff  of forensic facilities members who meet or exceed the
230	requirements of s. 943.13 and who are responsible for providing
231	security, protecting for protection of clients and personnel,
232	enforcing for the enforcement of rules, preventing and
233	investigating for prevention and investigation of unauthorized
234	activities, and for safeguarding the interests of citizens in
235	the surrounding communities.
236	(13)(11)  "Mental illness" means an impairment of the
237	emotional processes that exercise conscious control of one's
238	actions, or of the ability to perceive or understand reality,
239	which impairment substantially interferes with a defendant's
240	ability to meet the ordinary demands of living. For the purposes
241	of this chapter, the term does not apply to defendants with only
242	mental retardation or autism who are solely retarded or
243	autistic, and does not include intoxication or conditions
244	manifested only by antisocial behavior or substance abuse
245	impairment.
246	(14)  "Restraint" means a physical device, method, or drug
247	used to control dangerous behavior.
248	(a)  A physical restraint is any manual method or physical
249	or mechanical device, material, or equipment attached or
250	adjacent to an individual's body so that he or she cannot easily
251	remove the restraint and that restricts freedom of movement or
252	normal access to his or her body.
253	(b)  A drug used as a restraint is a medication used to
254	control a person's behavior or to restrict his or her freedom of
255	movement and is not a standard treatment for the person's
256	medical or psychiatric condition. Physically holding a person
257	during a procedure to forcibly administer psychotropic
258	medication is a physical restraint.
259	(c)  Restraint does not include physical devices, such as
260	orthopedically prescribed appliances, surgical dressings and
261	bandages, supportive body bands, or other physical holding when
262	necessary for routine physical examinations and tests; for
263	purposes of orthopedic, surgical, or other similar medical
264	treatment; when used to provide support for the achievement of
265	functional body position or proper balance; or when used to
266	protect a person from falling out of bed.
267	(15)(12)  "Retardation" has the same meaning as in s.
268	393.063. means significantly subaverage general intellectual
269	functioning existing concurrently with deficits in adaptive
270	behavior and manifested during the period from conception to age
271	18. "Significantly subaverage general intellectual functioning,"
272	for the purpose of this definition, means performance which is
273	two or more standard deviations from the mean score on a
274	standardized intelligence test specified in the rules of the
275	department. "Adaptive behavior," for the purpose of this
276	definition, means the effectiveness or degree with which an
277	individual meets the standards of personal independence and
278	social responsibility expected of the individual's age, cultural
279	group, and community.
280	(16)  "Seclusion" means the physical segregation of a
281	person in any fashion or the involuntary isolation of a person
282	in a room or area from which the person is prevented from
283	leaving. The prevention may be by physical barrier or by a staff
284	member who is acting in a manner, or who is physically situated,
285	so as to prevent the person from leaving the room or area. For
286	purposes of this chapter, the term does not mean isolation due
287	to a person's medical condition or symptoms, the confinement in
288	state mental health treatment facilities to a bedroom or area
289	during normal hours of sleep when there is not an active order
290	for seclusion, or during an emergency such as a riot or hostage
291	situation when clients may be temporarily placed in their rooms
292	for their own safety.
293	(17)(13)  "Social service professional," for the purposes
294	of part III, means a person whose minimum qualifications include
295	a bachelor's degree and at least 2 years of social work,
296	clinical practice, special education, habilitation, or
297	equivalent experience working directly with persons with
298	retardation, autism, or other developmental disabilities.
299	Section 3.  Section 916.107, Florida Statutes, is amended
300	to read:
301	916.107  Rights of forensic clients.--
302	(1)  RIGHT TO INDIVIDUAL DIGNITY.--
303	(a)  The policy of the state is that the individual dignity
304	of the client shall be respected at all times and upon all
305	occasions, including any occasion when the forensic client is
306	detained, transported, or treated. Clients with mental illness,
307	retardation, or autism Defendants who are mentally ill,
308	retarded, or autistic and who are charged with committing
309	felonies shall receive appropriate treatment or training. In a
310	criminal case involving a client defendant who has been
311	adjudicated incompetent to proceed or not guilty by reason of
312	insanity, a jail may be used as an emergency facility for up to
313	15 days following from the date the department or agency
314	receives a completed copy of the court commitment order
315	containing all the documentation required by the applicable
316	Rules 3.212 and 3.217, Florida Rules of Criminal Procedure. For
317	a forensic client defendant who is mentally ill, retarded, or
318	autistic, who is held in a jail awaiting admission to a facility
319	of the department or agency, and who has been adjudicated
320	incompetent to proceed or not guilty by reason of insanity,
321	evaluation and treatment or training may shall be provided in
322	the jail by the local community mental health provider public
323	receiving facility for mental health services, or by the
324	developmental disabilities services program for persons with
325	retardation or autism, the client's physician or psychologist,
326	or any other appropriate program until the client is transferred
327	to a civil or forensic facility the custody of the department.
328	(b)  Forensic clients Mentally ill, retarded, or autistic
329	defendants who are committed to the department pursuant to this
330	chapter and who are initially placed in, or subsequently
331	transferred to, a civil facility as described in part I of
332	chapter 394 or to a residential facility as described in chapter
333	393 shall have the same rights as other persons committed to
334	these facilities for as long as they remain there.
335	(2)  RIGHT TO TREATMENT.--
336	(a)  The policy of the state is that neither the department
337	nor the agency shall not deny treatment or training to any
338	client and that no services shall be delayed at a facility
339	because the forensic client is indigent pursuant to s. 27.52 and
340	presently unable to pay. However, every reasonable effort to
341	collect appropriate reimbursement for the cost of providing
342	services to clients able to pay for the services, including
343	reimbursement from insurance or other third-party payments,
344	shall be made by facilities providing services pursuant to this
345	chapter and in accordance with the provisions of s. 402.33.
346	(b)  Each forensic client shall be given, at the time of
347	admission and at regular intervals thereafter, a physical
348	examination, which shall include screening for communicable
349	disease by a health practitioner authorized by law to give such
350	screenings and examinations.
351	(c)  Every forensic client committed pursuant to this act
352	shall be afforded the opportunity to participate in activities
353	designed to enhance self-image and the beneficial effects of
354	other treatments or training, as determined by the facility.
355	(d)  Not more than 30 days after admission, each client
356	shall have and receive, in writing, an individualized treatment
357	or training plan which the client has had an opportunity to
358	assist in preparing.
359	(3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--
360	(a)  A forensic client committed to the department pursuant
361	to this act shall be asked to give express and informed written
362	consent for treatment. If a client in a forensic facility
363	refuses such treatment as is deemed necessary and essential by
364	the client's multidisciplinary treatment team at the forensic
365	facility for the appropriate care of the client and the safety
366	of the client or others, such treatment may be provided under
367	the following circumstances:
368	1.  In an emergency situation in which there is immediate
369	danger to the safety of the client or others, such treatment may
370	be provided upon the written order of a physician for a period
371	not to exceed 48 hours, excluding weekends and legal holidays.
372	If, after the 48-hour period, the client has not given express
373	and informed consent to the treatment initially refused, the
374	administrator or designee of the civil or forensic facility
375	shall, within 48 hours, excluding weekends and legal holidays,
376	petition the committing court or the circuit court serving the
377	county in which the facility is located, at the option of the
378	facility administrator or designee, for an order authorizing the
379	continued treatment of the client. In the interim, the need for
380	treatment shall be reviewed every 48 hours and may be continued
381	without the consent of the client upon the continued written
382	order of a physician who has determined that the emergency
383	situation continues to present a danger to the safety of the
384	client or others.
385	2.  In a situation other than an emergency situation, the
386	administrator or designee of the forensic facility shall
387	petition the court for an order authorizing necessary and
388	essential the treatment for to the client. The order shall allow
389	such treatment for a period not to exceed 90 days following from
390	the date of the entry of the order. Unless the court is notified
391	in writing that the client has provided express and informed
392	consent in writing or that the client has been discharged by the
393	committing court, the administrator or designee shall, prior to
394	the expiration of the initial 90-day order, petition the court
395	for an order authorizing the continuation of treatment for
396	another 90-day period. This procedure shall be repeated until
397	the client provides consent or is discharged by the committing
398	court.
399	3.  At the hearing on the issue of whether the court should
400	enter an order authorizing treatment for which a client was
401	unable to or has refused to give express and informed consent,
402	the court shall determine by clear and convincing evidence that
403	the client has mental illness, retardation, or autism is
404	mentally ill, retarded, or autistic as defined in this chapter,
405	that the treatment not consented to is essential to the care of
406	the client, and that the treatment not consented to is not
407	experimental and does not present an unreasonable risk of
408	serious, hazardous, or irreversible side effects. In arriving at
409	the substitute judgment decision, the court must consider at
410	least the following factors:
411	a.  The client's expressed preference regarding treatment;
412	b.  The probability of adverse side effects;
413	c.  The prognosis without treatment; and
414	d.  The prognosis with treatment.
415
416	The hearing shall be as convenient to the client as may be
417	consistent with orderly procedure and shall be conducted in
418	physical settings not likely to be injurious to the client's
419	condition. The court may appoint a general or special magistrate
420	to preside at the hearing. The client or the client's guardian,
421	and the representative, shall be provided with a copy of the
422	petition and the date, time, and location of the hearing. The
423	client has the right to have an attorney represent him or her at
424	the hearing, and, if the client is indigent, the court shall
425	appoint the office of the public defender to represent the
426	client at the hearing. The client may testify or not, as he or
427	she chooses, and has the right to cross-examine witnesses and
428	may present his or her own witnesses.
429	(b)  In addition to the provisions of paragraph (a), in the
430	case of surgical procedures requiring the use of a general
431	anesthetic or electroconvulsive treatment or nonpsychiatric
432	medical procedures, and prior to performing the procedure,
433	written permission shall be obtained from the client, if the
434	client is legally competent, from the parent or guardian of a
435	minor client, or from the guardian of an incompetent client. The
436	administrator or designee of the forensic facility or a
437	designated representative may, with the concurrence of the
438	client's attending physician, authorize emergency surgical or
439	nonpsychiatric medical treatment if such treatment is deemed
440	lifesaving or for a situation threatening serious bodily harm to
441	the client and permission of the client or the client's guardian
442	could not cannot be obtained before provision of the needed
443	treatment.
444	(4)  QUALITY OF TREATMENT.--Each forensic client committed
445	pursuant to this chapter shall receive treatment or training
446	suited to the client's needs, which shall be administered
447	skillfully, safely, and humanely with full respect for the
448	client's dignity and personal integrity. Each client shall
449	receive such medical, vocational, social, educational, and
450	rehabilitative services as the client's condition requires to
451	bring about a return to court for disposition of charges or a
452	return to the community. In order to achieve this goal, the
453	department and the agency shall coordinate their services with
454	each other, the Department of Corrections, is directed to
455	coordinate the services of the Mental Health Program Office and
456	the Developmental Disabilities Program Office with all other
457	programs of the department and other appropriate state agencies.
458	(5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--
459	(a)  Each forensic client committed pursuant to the
460	provisions of this chapter has the right to communicate freely
461	and privately with persons outside the facility unless it is
462	determined that such communication is likely to be harmful to
463	the client or others. Clients shall have the right to contact
464	and to receive communication from their attorneys at any
465	reasonable time.
466	(a)(b)  Each forensic client committed under the provisions
467	of this chapter shall be allowed to receive, send, and mail
468	sealed, unopened correspondence; and no client's incoming or
469	outgoing correspondence shall be opened, delayed, held, or
470	censored by the facility unless there is reason to believe that
471	it contains items or substances that which may be harmful to the
472	client or others, in which case the administrator or designee
473	may direct reasonable examination of such mail and may regulate
474	the disposition of such items or substances. For purposes of
475	this paragraph, the term "correspondence" does shall not include
476	parcels or packages. Forensic facilities may are authorized to
477	promulgate reasonable institutional policies to provide for the
478	inspection of parcels or packages and for the removal of
479	contraband items for health or security reasons prior to the
480	contents being given to a client.
481	(b)(c)  If a client's right to communicate is restricted by
482	the administrator, written notice of such restriction and the
483	duration of the restriction shall be served on the client or his
484	or her legal guardian or representatives, and such restriction
485	shall be recorded on the client's clinical record with the
486	reasons therefor. The restriction of a client's right to
487	communicate shall be reviewed at least every 7 days.
488	(c)(d)  Each forensic facility shall establish reasonable
489	institutional policies governing visitors, visiting hours, and
490	the use of telephones by clients in the least restrictive manner
491	possible.
492	(d)(e)  Each forensic client committed pursuant to this
493	chapter shall have ready access to a telephone in order to
494	report an alleged abuse. The facility or program staff shall
495	orally and in writing inform each client of the procedure for
496	reporting abuse and shall present the information in a language
497	the client understands. A written copy of that procedure,
498	including the telephone number of the central abuse hotline and
499	reporting forms, shall be posted in plain view.
500	(e)(f)  The department's or agency's forensic facilities
501	shall develop policies providing a procedure for reporting
502	abuse. Facility staff shall be required, as a condition of
503	employment, to become familiar with the procedures for the
504	reporting of abuse.
505	(6)  CARE AND CUSTODY OF PERSONAL EFFECTS OF CLIENTS.--A
506	forensic client's right to possession of clothing and personal
507	effects shall be respected. The department or agency by rule, or
508	the administrator of any forensic facility by written
509	institutional policy, may declare certain items to be hazardous
510	to the health or welfare of clients or others or to the
511	operation of the facility. Such items may be restricted from
512	introduction into the facility or may be restricted from being
513	in a client's possession. The administrator or designee may take
514	temporary custody of such effects when required for medical and
515	safety reasons. Custody of such personal effects shall be
516	recorded in the client's clinical record.
517	(7)  VOTING IN PUBLIC ELECTIONS.--A forensic client
518	committed pursuant to this chapter who is eligible to vote
519	according to the laws of the state has the right to vote in the
520	primary and general elections. The department and agency shall
521	establish rules to enable clients to obtain voter registration
522	forms, applications for absentee ballots, and absentee ballots.
523	(8)  CLINICAL RECORD; CONFIDENTIALITY.--A clinical record
524	for each forensic client shall be maintained. The record shall
525	include data pertaining to admission and such other information
526	as may be required under rules of the department or the agency.
527	Unless waived by express and informed consent of the client or
528	the client's legal guardian or, if the client is deceased, by
529	the client's personal representative or by that family member
530	who stands next in line of intestate succession or except as
531	otherwise provided in this subsection, the clinical record is
532	confidential and exempt from the provisions of s. 119.07(1) and
533	s. 24(a), Art. I of the State Constitution.
534	(a)  Such clinical record may be released:
535	1.  To such persons and agencies as are designated by the
536	client or the client's legal guardian.
537	2.  To persons authorized by order of court and to the
538	client's counsel when the records are needed by the counsel for
539	adequate representation.
540	3.  To a qualified researcher, as defined by rule; a staff
541	member of the facility; or an employee of the department or
542	agency when the administrator of the facility, or secretary or
543	director of the department or agency, deems it necessary for
544	treatment of the client, maintenance of adequate records,
545	compilation of treatment data, or evaluation of programs.
546	4.  For statistical and research purposes if the
547	information is abstracted in such a way as to protect the
548	identity of individuals.
549	5.  If a client receiving services pursuant to this chapter
550	has declared an intention to harm other persons. When such a
551	declaration has been made, the administrator shall authorize the
552	release of sufficient information to provide adequate warning to
553	the person threatened with harm by the client, and to the
554	committing court, the state attorney, and the attorney
555	representing the client.
556	6.  To the parent or next of kin of a client mentally ill,
557	retarded, or autistic person who is committed to, or is being
558	served by, a facility or program when such information is
559	limited to that person's service plan and current physical and
560	mental condition. Release of such information shall be in
561	accordance with the code of ethics of the profession involved
562	and must comply with all state and federal laws and regulations
563	pertaining to the release of personal health information.
564	(b)  Notwithstanding other provisions of this subsection,
565	the department or agency may request or receive from or provide
566	to any of the following entities client information to
567	facilitate treatment, habilitation, rehabilitation, and
568	continuity of care of any forensic client:
569	1.  The Social Security Administration and the United
570	States Department of Veterans Affairs;
571	2.  Law enforcement agencies, state attorneys, defense
572	attorneys, and judges in regard to the client's status;
573	3.  Jail personnel in the jail in to which a client may be
574	housed returned; and
575	4.  Community agencies and others expected to provide
576	followup care to the client upon the client's return to the
577	community.
578	(c)  The department or agency may provide notice to any
579	client's next of kin or first representative regarding any
580	serious medical illness or the death of the client.
581	(d)1.  Any law enforcement agency, facility, or other
582	governmental agency that receives information pursuant to this
583	subsection shall maintain the confidentiality of such
584	information except as otherwise provided herein.
585	2.  Any agency or private practitioner who acts in good
586	faith in releasing information pursuant to this subsection is
587	not subject to civil or criminal liability for such release.
588	(9)  HABEAS CORPUS.--
589	(a)  At any time, and without notice, a forensic client
590	detained by a facility, or a relative, friend, guardian,
591	representative, or attorney on behalf of such client, may
592	petition for a writ of habeas corpus to question the cause and
593	legality of such detention and request that the committing court
594	issue a writ for release. Each client committed pursuant to this
595	chapter shall receive a written notice of the right to petition
596	for a writ of habeas corpus.
597	(b)  A client or his or her legal guardian or
598	representatives or attorney may file a petition in the circuit
599	court in the county where the client is committed alleging that
600	the client is being unjustly denied a right or privilege granted
601	herein or that a procedure authorized herein is being abused.
602	Upon the filing of such a petition, the circuit court shall have
603	the authority to conduct a judicial inquiry and to issue any
604	appropriate order to correct an abuse of the provisions of this
605	chapter.
606	(10)  TRANSPORTATION.--
607	(a)  The sheriff shall consult with the governing board of
608	the county as to the most appropriate and cost-effective means
609	of transportation for forensic clients who have been committed
610	for treatment or training. Such consultation shall include, but
611	is not limited to, consideration of the cost to the county of
612	transportation performed by sheriff's department personnel as
613	opposed to transportation performed by other means and, if
614	sheriff's department personnel are to be used for
615	transportation, the effect such use will have, if any, on
616	service delivery levels of the sheriff's road patrol. After such
617	consultation with the governing board of the county, the sheriff
618	shall determine the most appropriate and cost-effective means of
619	transportation for forensic clients committed for treatment or
620	training.
621	(b)  The governing board of each county is authorized to
622	contract with private transport companies for the transportation
623	of such clients to and from a facility.
624	(c)  Any company that transports a client pursuant to this
625	section is considered an independent contractor and is solely
626	liable for the safe and dignified transportation of the client.
627	Any transport company that contracts with the governing board of
628	a county for the transport of clients as provided for in this
629	section shall be insured and provide no less than $100,000 in
630	liability insurance with respect to the transportation of the
631	clients.
632	(d)  Any company that contracts with a governing board of a
633	county to transport clients shall comply with the applicable
634	rules of the department or agency to ensure the safety and
635	dignity of the clients.
636	(11)  LIABILITY FOR VIOLATIONS.--Any person who violates or
637	abuses any rights or privileges of a forensic client in the
638	custody of the department or agency that are provided under this
639	chapter shall be by this act is liable for damages as determined
640	by law. Any person who acts in good faith in complying with the
641	provisions of this chapter act is immune from civil or criminal
642	liability for his or her actions in connection with the
643	admission, diagnosis, treatment, training, or discharge of a
644	client to or from a facility. However, this subsection does not
645	relieve any person from liability if he or she is negligent.
646	Section 4.  Subsections (1), (2), (3), (4), and (5) of
647	section 916.1075, Florida Statutes, are amended to read:
648	916.1075  Sexual misconduct prohibited; reporting required;
649	penalties.--
650	(1)  As used in this section, the term:
651	(a)  "Covered person" means an employee," includes any paid
652	staff member, volunteer, or intern of the department or agency;
653	any person under contract with the department or agency; and any
654	person providing care or support to a forensic client on behalf
655	of the department, the agency, or their its providers.
656	(b)  "Sexual activity" means:
657	1.  Fondling the genital area, groin, inner thighs,
658	buttocks, or breasts of a person.
659	2.  The oral, anal, or vaginal penetration by or union with
660	the sexual organ of another or the anal or vaginal penetration
661	of another by any other object.
662	3.  Intentionally touching in a lewd or lascivious manner
663	the breasts, genitals, the genital area, or buttocks, or the
664	clothing covering them, of a person, or forcing or enticing a
665	person to touch the perpetrator.
666	4.  Intentionally masturbating in the presence of another
667	person.
668	5.  Intentionally exposing the genitals in a lewd or
669	lascivious manner in the presence of another person.
670	6.  Intentionally committing any other sexual act that does
671	not involve actual physical or sexual contact with the victim,
672	including, but not limited to, sadomasochistic abuse, sexual
673	bestiality, or the simulation of any act involving sexual
674	activity in the presence of a victim.
675	(c)  "Sexual misconduct" means any sexual activity between
676	a covered person an employee and a forensic client in the
677	custody of the department or agency, regardless of the consent
678	of the client. The term does not include an act done for a bona
679	fide medical purpose or an internal search conducted in the
680	lawful performance of duty by a covered person an employee.
681	(2)  A covered person An employee who engages in sexual
682	misconduct with a forensic client who resides in a civil or
683	forensic facility commits a felony of the second degree,
684	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
685	Such person An employee may be found guilty of violating this
686	subsection without having committed the crime of sexual battery.
687	(3)  The consent of a forensic the client to sexual
688	activity is not a defense to prosecution under this section.
689	(4)  This section does not apply to a covered person an
690	employee who:
691	(a)  Is legally married to the client; or
692	(b)  Has no reason to believe that the person with whom the
693	covered person employee engaged in sexual misconduct is a client
694	receiving services as described in subsection (2).
695	(5)  A covered person An employee who witnesses sexual
696	misconduct, or who otherwise knows or has reasonable cause to
697	suspect that a person has engaged in sexual misconduct, shall
698	immediately report the incident to the department's central
699	abuse hotline and to the appropriate local law enforcement
700	agency. The covered person Such employee shall also prepare,
701	date, and sign an independent report that specifically describes
702	the nature of the sexual misconduct, the location and time of
703	the incident, and the persons involved. For an allegation
704	pertaining to a forensic client committed to the agency, the
705	covered person employee shall deliver the report to the
706	supervisor or program director, who shall provide copies to the
707	agency's is responsible for providing copies to the department's
708	inspector general. For an allegation pertaining to a forensic
709	client committed to the department, the covered person shall
710	deliver the report to the supervisor or program director, who
711	shall provide copies to the department's inspector general. The
712	inspector general shall immediately conduct an appropriate
713	administrative investigation, and, if there is probable cause to
714	believe that sexual misconduct has occurred, the inspector
715	general shall notify the state attorney in the circuit in which
716	the incident occurred.
717	Section 5.  Section 916.1081, Florida Statutes, is amended
718	to read:
719	916.1081  Escape from program; penalty.--
720	(1)  A forensic client who is A defendant involuntarily
721	committed to the department or agency, who is in the custody of
722	the department or agency, and under the provisions of this
723	chapter who escapes or attempts to escape from a civil or
724	forensic facility or program commits a felony of the second
725	degree, punishable as provided in s. 775.082, s. 775.083, or s.
726	775.084.
727	(2)  A person who is involuntarily committed to the
728	department or the agency, who is in the custody of the
729	Department of Corrections, and who escapes or attempts to escape
730	from a facility or program commits a felony of the second
731	degree, punishable as provided in s. 775.082, s. 775.083, or s.
732	775.084. Any punishment of imprisonment imposed under this
733	subsection shall run consecutive to any former sentence imposed
734	upon the person.
735	Section 6.  Subsection (1) and paragraph (b) of subsection
736	(2) of section 916.1085, Florida Statutes, are amended to read:
737	916.1085  Introduction or removal of certain articles
738	unlawful; penalty.--
739	(1)(a)  Except as authorized by law or as specifically
740	authorized by the person in charge of a facility, it is unlawful
741	to introduce into or upon the grounds of any facility under the
742	supervision or control of the department or agency, or to take
743	or attempt to take or send therefrom, any of the following
744	articles, which are hereby declared to be contraband for the
745	purposes of this section:
746	1.  Any intoxicating beverage or beverage which causes or
747	may cause an intoxicating effect;
748	2.  Any controlled substance as defined in chapter 893;
749	3.  Any firearm or deadly weapon; or
750	4.  Any other item as determined by the department or the
751	agency, and as designated by departmental rule or by the
752	administrator of any facility, and designated by written
753	institutional policies, to be hazardous to the welfare of
754	clients patients or the operation of the facility.
755	(b)  It is unlawful to transmit to, attempt to transmit to,
756	or cause or attempt to cause to be transmitted to or received by
757	any client of any facility under the supervision or control of
758	the department or agency any article or thing declared by this
759	section to be contraband, at any place that which is outside of
760	the grounds of such facility, except as authorized by law or as
761	specifically authorized by the person in charge of such
762	facility.
763	(2)
764	(b)  These provisions shall be enforced by institutional
765	security personnel as defined in s. 916.106(10) or by a law
766	enforcement officer as defined in s. 943.10.
767	Section 7.  Section 916.1091, Florida Statutes, is amended
768	to read:
769	916.1091  Duties, functions, and powers of institutional
770	security personnel.--In case of emergency, and when necessary to
771	provide protection and security to any client, to the personnel,
772	equipment, buildings, or grounds of a department or agency
773	facility, or to citizens in the surrounding community,
774	institutional security personnel may, when authorized by the
775	administrator of the facility or her or his designee when the
776	administrator is not present, use a chemical weapon against a
777	patient housed in a forensic facility. However, such weapon
778	shall be used only to the extent necessary to provide such
779	protection and security. Under no circumstances shall any such
780	officer carry a chemical weapon on her or his person except
781	during the period of the emergency for which its use was
782	authorized. All chemical weapons shall be placed in secure
783	storage when their use is not authorized as provided in this
784	section.
785	Section 8.  Section 916.1093, Florida Statutes, is amended
786	to read:
787	916.1093  Operation and administration; rules.--
788	(1)  The department or agency may is authorized to enter
789	into contracts and do such things as may be necessary and
790	incidental to assure compliance with and to carry out the
791	provisions of this chapter in accordance with the stated
792	legislative intent.
793	(2)  The department or agency may has authority to adopt
794	rules pursuant to ss. 120.536(1) and 120.54 to implement the
795	provisions of this chapter. Such rules must address the use of
796	restraint and seclusion in forensic facilities and must be
797	consistent with recognized best practices; prohibit inherently
798	dangerous restraint or seclusion procedures; establish
799	limitations on the use and duration of restraint and seclusion;
800	establish measures to ensure the safety of clients and staff
801	during an incident of restraint or seclusion; establish
802	procedures for staff to follow before, during, and after
803	incidents of restraint or seclusion; establish professional
804	qualifications of and training for staff who may order or be
805	engaged in the use of restraint or seclusion; and establish
806	mandatory reporting, data collection, and data-dissemination
807	procedures and requirements relating to the use of restraint and
808	seclusion, including a requirement that each instance of the use
809	of restraint or seclusion be documented in the facility's client
810	record.
811	Section 9.  Subsection (1) of section 916.111, Florida
812	Statutes, is amended to read:
813	916.111  Training of mental health experts.--The evaluation
814	of defendants for competency to proceed or for sanity at the
815	time of the commission of the offense shall be conducted in such
816	a way as to ensure uniform application of the criteria
817	enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
818	Procedure. The department shall develop, and may contract with
819	accredited institutions:
820	(1)  To provide:
821	(a)  A plan for training community mental health
822	professionals to perform forensic evaluations and to standardize
823	the criteria and procedures to be used in these evaluations;
824	(b)  Clinical protocols and procedures based upon the
825	criteria of Rules 3.210 and 3.216, Florida Rules of Criminal
826	Procedure; and
827	(c)  Training for community mental health professionals in
828	the application of these protocols and procedures in performing
829	forensic evaluations and providing reports to the courts; and
830	Section 10.  Section 916.115, Florida Statutes, is amended
831	to read:
832	916.115  Appointment of experts.--
833	(1)(a)  Annually, the department shall provide the courts
834	with a list of mental health professionals who have completed
835	approved training as experts.
836	(b)  The court shall may appoint no more than three experts
837	to determine issues of the mental condition of a defendant in a
838	criminal case, including the issues of competency to proceed,
839	insanity, and involuntary hospitalization or placement, and
840	treatment. The panel of experts An expert may evaluate the
841	defendant in jail or in another appropriate local facility or in
842	a facility of the Department of Corrections.
843	(a)(c)  To the extent possible, the an appointed experts
844	expert shall have completed forensic evaluator training approved
845	by the department and each shall be either a psychiatrist,
846	licensed psychologist, or physician.
847	(b)  The department shall maintain and annually provide the
848	courts with a list of available mental health professionals who
849	have completed the approved training as experts.
850	(2)  Expert witnesses appointed by the court to evaluate
851	the mental condition of a defendant in a criminal case shall be
852	allowed reasonable fees for services rendered as evaluators of
853	competence or sanity and as witnesses.
854	(a)1.  The court shall pay for any expert that it appoints
855	by court order, upon motion of counsel for the defendant or the
856	state or upon its own motion. If the defense or the state
857	retains an expert and waives the confidentiality of the expert's
858	report, the court may pay for no more than two additional
859	experts appointed by court order. If an expert appointed by the
860	court upon motion of counsel for the defendant specifically to
861	evaluate the competence of the defendant to proceed also
862	addresses in his or her evaluation issues related to sanity as
863	an affirmative defense, the court shall pay only for that
864	portion of the expert's fees relating to the evaluation on
865	competency to proceed, and the balance of the fees shall be
866	chargeable to the defense.
867	(a)2.  Pursuant to s. 29.006, the office of the public
868	defender shall pay for any expert retained by the office.
869	(b)3.  Pursuant to s. 29.005, the office of the state
870	attorney shall pay for any expert retained by the office and.
871	Notwithstanding subparagraph 1., the office of the state
872	attorney shall pay for any expert whom the office retains and
873	whom the office moves the court to appoint in order to ensure
874	that the expert has access to the defendant.
875	(c)4.  An expert retained by the defendant who is
876	represented by private counsel appointed under s. 27.5303 shall
877	be paid by the Justice Administrative Commission.
878	(d)5.  An expert retained by a defendant who is indigent
879	for costs as determined by the court and who is represented by
880	private counsel, other than private counsel appointed under s.
881	27.5303, on a fee or pro bono basis, or who is representing
882	himself or herself, shall be paid by the Justice Administrative
883	Commission from funds specifically appropriated for these
884	expenses.
885	(e)(b)  State employees shall be reimbursed for paid
886	expenses pursuant to s. 112.061.
887	(f)(c)  The fees shall be taxed as costs in the case.
888	(g)(d)  In order for an expert to be paid for the services
889	rendered, the expert's report and testimony must explicitly
890	address each of the factors and follow the procedures set out in
891	this chapter and in the Florida Rules of Criminal Procedure.
892	Section 11.  Subsections (1), (2), and (3) of section
893	916.12, Florida Statutes, are amended to read:
894	916.12  Mental competence to proceed.--
895	(1)  A defendant is incompetent to proceed within the
896	meaning of this chapter if the defendant does not have
897	sufficient present ability to consult with her or his lawyer
898	with a reasonable degree of rational understanding or if the
899	defendant has no rational, as well as factual, understanding of
900	the proceedings against her or him.
901	(2)  Mental health experts appointed pursuant to s. 916.115
902	An expert shall first determine whether the defendant has a
903	mental illness person is mentally ill and, if so, consider the
904	factors related to the issue of whether the defendant meets the
905	criteria for competence to proceed as described in subsection
906	(1); that is, whether the defendant has sufficient present
907	ability to consult with counsel with a reasonable degree of
908	rational understanding and whether the defendant has a rational,
909	as well as factual, understanding of the pending proceedings. A
910	defendant must be evaluated by no fewer than two experts before
911	the court commits the defendant or takes other action authorized
912	by this chapter or the Florida Rules of Criminal Procedure,
913	except if one expert finds that the defendant is incompetent to
914	proceed and the parties stipulate to that finding, the court may
915	commit the defendant or take other action authorized by this
916	chapter or the rules without further evaluation or hearing, or
917	the court may appoint no more than two additional experts to
918	evaluate the defendant. Notwithstanding any stipulation by the
919	state and the defendant, the court may require a hearing with
920	testimony from the expert or experts before ordering the
921	commitment of a defendant.
922	(3)  In considering the issue of competence to proceed, an
923	examining expert shall first consider and specifically include
924	in his or her report the defendant's capacity to:
925	(a)  Appreciate the charges or allegations against the
926	defendant.;
927	(b)  Appreciate the range and nature of possible penalties,
928	if applicable, that may be imposed in the proceedings against
929	the defendant.;
930	(c)  Understand the adversarial nature of the legal
931	process.;
932	(d)  Disclose to counsel facts pertinent to the proceedings
933	at issue.;
934	(e)  Manifest appropriate courtroom behavior.; and
935	(f)  Testify relevantly.;
936	(g)  and include in his or her report Any other factor
937	deemed relevant by the expert.
938	Section 12.  Section 916.13, Florida Statutes, is amended
939	to read:
940	916.13  Involuntary commitment of defendant adjudicated
941	incompetent.--
942	(1)  Every defendant who is charged with a felony and who
943	is adjudicated incompetent to proceed, pursuant to the
944	applicable Florida Rules of Criminal Procedure, may be
945	involuntarily committed for treatment upon a finding by the
946	court of clear and convincing evidence that:
947	(a)  The defendant has a mental illness is mentally ill and
948	because of the mental illness:
949	1.  The defendant is manifestly incapable of surviving
950	alone or with the help of willing and responsible family or
951	friends, including available alternative services, and, without
952	treatment, the defendant is likely to suffer from neglect or
953	refuse to care for herself or himself and such neglect or
954	refusal poses a real and present threat of substantial harm to
955	the defendant's well-being; or and
956	2.  There is a substantial likelihood that in the near
957	future the defendant will inflict serious bodily harm on herself
958	or himself or another person, as evidenced by recent behavior
959	causing, attempting, or threatening such harm;
960	(b)  All available, less restrictive treatment
961	alternatives, including treatment in community residential
962	facilities or community inpatient or outpatient settings, which
963	would offer an opportunity for improvement of the defendant's
964	condition have been judged to be inappropriate; and
965	(c)  There is a substantial probability that the mental
966	illness causing the defendant's incompetence will respond to
967	treatment and the defendant will regain competency to proceed in
968	the reasonably foreseeable future.
969	(2)  A defendant who has been charged with a felony and who
970	has been adjudicated incompetent to proceed due to mental
971	illness, and who meets the criteria for involuntary commitment
972	to the department under the provisions of this chapter, may be
973	committed to the department, and the department shall retain and
974	treat the defendant. No later than 6 months after the date of
975	admission and or at the end of any period of extended
976	commitment, or at any time the administrator or designee shall
977	have determined that the defendant has regained competency to
978	proceed or no longer meets the criteria for continued
979	commitment, the administrator or designee shall file a report
980	with the court pursuant to the applicable Florida Rules of
981	Criminal Procedure.
982	Section 13.  Section 916.145, Florida Statutes, is amended
983	to read:
984	916.145  Adjudication of incompetency due to mental
985	illness; Dismissal of charges.--The charges against any
986	defendant adjudicated incompetent to proceed due to the
987	defendant's mental illness shall be dismissed without prejudice
988	to the state if the defendant remains incompetent to proceed 5
989	years after such determination, unless the court in its order
990	specifies its reasons for believing that the defendant will
991	become competent to proceed within the foreseeable future and
992	specifies the time within which the defendant is expected to
993	become competent to proceed. The charges against the defendant
994	are dismissed without prejudice to the state to refile the
995	charges should the defendant be declared competent to proceed in
996	the future.
997	Section 14.  Section 916.15, Florida Statutes, is amended
998	to read:
999	916.15  Involuntary commitment of defendant adjudicated not
1000	guilty by reason of insanity.--
1001	(1)  The determination of whether a defendant is not guilty
1002	by reason of insanity shall be determined in accordance with
1003	Rule 3.217, Florida Rules of Criminal Procedure.
1004	(2)(1)  A defendant who is acquitted of criminal charges
1005	because of a finding of not guilty by reason of insanity may be
1006	involuntarily committed pursuant to such finding if the
1007	defendant has a mental illness is mentally ill and, because of
1008	the illness, is manifestly dangerous to himself or herself or
1009	others.
1010	(3)(2)  Every defendant acquitted of criminal charges by
1011	reason of insanity and found to meet the criteria for
1012	involuntary commitment may be committed and treated in
1013	accordance with the provisions of this section and the
1014	applicable Florida Rules of Criminal Procedure. The department
1015	shall admit a defendant so adjudicated to an appropriate
1016	facility or program for treatment and shall retain and treat
1017	such defendant. No later than 6 months after the date of
1018	admission, prior to the end of any period of extended
1019	commitment, or at any time the administrator or designee shall
1020	have determined that the defendant no longer meets the criteria
1021	for continued commitment placement, the administrator or
1022	designee shall file a report with the court pursuant to the
1023	applicable Florida Rules of Criminal Procedure.
1024	(4)(3)  In all proceedings under this section subsection,
1025	both the defendant and the state shall have the right to a
1026	hearing before the committing court. Evidence at such hearing
1027	may be presented by the hospital administrator or the
1028	administrator's designee as well as by the state and the
1029	defendant. The defendant shall have the right to counsel at any
1030	such hearing. In the event that a defendant is determined to be
1031	indigent pursuant to s. 27.52, the public defender shall
1032	represent the defendant. The parties shall have access to the
1033	defendant's records at the treating facilities and may interview
1034	or depose personnel who have had contact with the defendant at
1035	the treating facilities.
1036	Section 15.  Section 916.16, Florida Statutes, is amended
1037	to read:
1038	916.16  Jurisdiction of committing court.--
1039	(1)  The committing court shall retain jurisdiction over in
1040	the case of any defendant involuntarily committed due to a
1041	determination of incompetency hospitalized as incompetent to
1042	proceed due to mental illness or because of a finding of not
1043	guilty by reason of insanity pursuant to this chapter. The No
1044	such defendant may not be released except by order of the
1045	committing court. An The administrative hearing examiner does
1046	not shall have no jurisdiction to determine issues of continuing
1047	commitment hospitalization or release of any defendant
1048	involuntarily committed admitted pursuant to this chapter.
1049	(2)  The committing court shall retain jurisdiction in the
1050	case of any defendant placed on conditional release pursuant to
1051	s. 916.17. No Such defendant may not be released from the
1052	conditions of release except by order of the committing court.
1053	Section 16.  Section 916.17, Florida Statutes, is amended
1054	to read:
1055	916.17  Conditional release.--
1056	(1)  Except for an inmate currently serving a prison
1057	sentence, The committing court may order a conditional release
1058	of any defendant who has been found to be incompetent to proceed
1059	or not guilty by reason of insanity, based on an approved plan
1060	for providing appropriate outpatient care and treatment. the
1061	committing court may order a conditional release of any
1062	defendant in lieu of an involuntary commitment to a facility
1063	pursuant to s. 916.13 or s. 916.15 based upon an approved plan
1064	for providing appropriate outpatient care and treatment. Upon a
1065	recommendation that outpatient treatment of the defendant is
1066	appropriate, a written plan for outpatient treatment, including
1067	recommendations from qualified professionals, must be filed with
1068	the court, with copies to all parties. Such a plan may also be
1069	submitted by the defendant and filed with the court with copies
1070	to all parties. The plan shall include:
1071	(a)  Special provisions for residential care or adequate
1072	supervision of the defendant.
1073	(b)  Provisions for outpatient mental health services.
1074	(c)  If appropriate, recommendations for auxiliary services
1075	such as vocational training, educational services, or special
1076	medical care.
1077
1078	In its order of conditional release, the court shall specify the
1079	conditions of release based upon the release plan and shall
1080	direct the appropriate agencies or persons to submit periodic
1081	reports to the court regarding the defendant's compliance with
1082	the conditions of the release and progress in treatment, with
1083	copies to all parties.
1084	(2)  Upon the filing of an affidavit or statement under
1085	oath by any person that the defendant has failed to comply with
1086	the conditions of release, that the defendant's condition has
1087	deteriorated to the point that inpatient care is required, or
1088	that the release conditions should be modified, the court shall
1089	hold a hearing within 7 days after receipt of the affidavit or
1090	statement under oath. After the hearing, the court may modify
1091	the release conditions. The court may also order that the
1092	defendant be returned to the department if it is found, after
1093	the appointment and report of experts, that the person meets the
1094	criteria for involuntary commitment under s. 916.13 or s. 916.15
1095	treatment.
1096	(3)  If at any time it is determined after a hearing that
1097	the defendant who has been conditionally released under
1098	subsection (1) no longer requires court-supervised followup
1099	care, the court shall terminate its jurisdiction in the cause
1100	and discharge the defendant.
1101	Section 17.  Section 916.301, Florida Statutes, is amended
1102	to read:
1103	916.301  Appointment of experts.--
1104	(1)  All evaluations ordered by the court under this part
1105	must be conducted by qualified experts who have expertise in
1106	evaluating persons with retardation or autism. The agency
1107	department shall maintain and provide the courts annually with a
1108	list of available retardation and autism professionals who are
1109	appropriately licensed and qualified to perform evaluations of
1110	defendants alleged to be incompetent to proceed due to
1111	retardation or autism. The courts may use professionals from
1112	this list when appointing experts and ordering evaluations under
1113	this part for defendants suspected of being retarded or
1114	autistic.
1115	(2)  If a defendant's suspected mental condition is
1116	retardation or autism, the court shall appoint a panel of
1117	experts consisting of: two experts, one of whom must be the
1118	developmental services program of the department, each of whom
1119	will evaluate whether the defendant meets the definition of
1120	retardation or autism and, if so, whether the defendant is
1121	competent to proceed.
1122	(a)(3)  At least one, or at the request of any party, two
1123	experts the court may appoint one additional expert to evaluate
1124	the defendant. The expert appointed by the court will evaluate
1125	whether the defendant meets the definition of retardation or
1126	autism and, if so, whether the defendant is competent to
1127	proceed.
1128	(b)(4)  The developmental services program shall select A
1129	psychologist selected by the agency who is licensed or
1130	authorized by law to practice in this state, with experience in
1131	evaluating persons suspected of having retardation or autism,
1132	and a social service professional, with experience in working
1133	with persons with retardation or autism to evaluate the
1134	defendant.
1135	1.(a)  The psychologist shall evaluate whether the
1136	defendant meets the definition of retardation or autism and, if
1137	so, whether the defendant is incompetent to proceed due to
1138	retardation or autism.
1139	2.(b)  The social service professional shall provide a
1140	social and developmental history of the defendant.
1141	(5)  All evaluations ordered by the court must be from
1142	qualified experts with experience in evaluating persons with
1143	retardation or autism.
1144	(3)(6)  The panel of experts may examine the defendant in
1145	jail, in another appropriate local facility, in a facility of
1146	the Department of Corrections, or on an outpatient basis.
1147	(4)(7)  Experts Expert witnesses appointed by the court to
1148	evaluate the mental condition of a defendant in a criminal case
1149	shall be allowed reasonable fees for services rendered as
1150	evaluators and as witnesses, which shall be paid by the court.
1151	State employees shall be paid expenses pursuant to s. 112.061.
1152	The fees shall be taxed as costs in the case. In order for the
1153	experts to be paid for the services rendered, the reports and
1154	testimony must explicitly address each of the factors and follow
1155	the procedures set out in this chapter and in the Florida Rules
1156	of Criminal Procedure.
1157	Section 18.  Subsections (1), (2), and (3) of section
1158	916.3012, Florida Statutes, are amended to read:
1159	916.3012  Mental competence to proceed.--
1160	(1)  A defendant whose suspected mental condition is
1161	retardation or autism is incompetent to proceed within the
1162	meaning of this chapter if the defendant does not have
1163	sufficient present ability to consult with the defendant's
1164	lawyer with a reasonable degree of rational understanding or if
1165	the defendant has no rational, as well as factual, understanding
1166	of the proceedings against the defendant.
1167	(2)  The Experts in retardation or autism appointed
1168	pursuant to s. 916.301 shall first consider whether the
1169	defendant meets the definition of retardation or autism and, if
1170	so, consider the factors related to the issue of whether the
1171	defendant meets the criteria for competence to proceed as
1172	described in subsection (1); that is, whether the defendant has
1173	sufficient present ability to consult with counsel with a
1174	reasonable degree of rational understanding and whether the
1175	defendant has a rational, as well as factual, understanding of
1176	the pending proceedings.
1177	(3)  In considering the issue of competence to proceed, the
1178	examining experts shall first consider and specifically include
1179	in their report the defendant's capacity to:
1180	(a)  Appreciate the charges or allegations against the
1181	defendant.;
1182	(b)  Appreciate the range and nature of possible penalties,
1183	if applicable, that may be imposed in the proceedings against
1184	the defendant.;
1185	(c)  Understand the adversarial nature of the legal
1186	process.;
1187	(d)  Disclose to counsel facts pertinent to the proceedings
1188	at issue.;
1189	(e)  Manifest appropriate courtroom behavior.; and
1190	(f)  Testify relevantly.;
1191	(g)  and include in their report Any other factor deemed
1192	relevant by the experts.
1193	Section 19.  Section 916.302, Florida Statutes, is amended
1194	to read:
1195	916.302  Involuntary commitment of defendant determined to
1196	be incompetent to proceed due to retardation or autism.--
1197	(1)  CRITERIA.--Every defendant who is charged with a
1198	felony and who is adjudicated found to be incompetent to proceed
1199	due to retardation or autism, pursuant to this chapter and the
1200	applicable Florida Rules of Criminal Procedure, may be
1201	involuntarily committed for training upon a finding by the court
1202	of clear and convincing evidence that:
1203	(a)  The defendant has retardation or autism is retarded or
1204	autistic;
1205	(b)  There is a substantial likelihood that in the near
1206	future the defendant will inflict serious bodily harm on himself
1207	or herself or another person, as evidenced by recent behavior
1208	causing, attempting, or threatening such harm;
1209	(c)  All available, less restrictive alternatives,
1210	including services provided in community residential facilities
1211	or other community settings, which would offer an opportunity
1212	for improvement of the condition have been judged to be
1213	inappropriate; and
1214	(d)  There is a substantial probability that the
1215	retardation or autism causing the defendant's incompetence will
1216	respond to training and the defendant will regain competency to
1217	proceed in the reasonably foreseeable future.
1218	(2)  ADMISSION TO A FACILITY.--
1219	(a)  A defendant who has been charged with a felony and who
1220	is found to be incompetent to proceed due to retardation or
1221	autism, and who meets the criteria for involuntary commitment to
1222	the agency department under the provisions of this chapter,
1223	shall be committed to the agency department, and the agency
1224	department shall retain and provide appropriate training for
1225	serve the defendant. No later than 6 months after the date of
1226	admission or at the end of any period of extended commitment or
1227	at any time the administrator or designee shall have determined
1228	that the defendant has regained competency to proceed or no
1229	longer meets the criteria for continued commitment, the
1230	administrator or designee shall file a report with the court
1231	pursuant to this chapter and the applicable Florida Rules of
1232	Criminal Procedure.
1233	(b)  A defendant determined to be incompetent to proceed
1234	due to retardation or autism may be ordered by a circuit court
1235	into a forensic secure facility designated by the agency
1236	department for retarded or autistic defendants who have mental
1237	retardation or autism.
1238	(c)  The agency department may transfer a defendant from a
1239	designated forensic secure facility to another designated
1240	forensic secure facility and must notify the court of the
1241	transfer within 30 days after the transfer is completed.
1242	(d)  The agency department may not transfer a defendant
1243	from a designated forensic secure facility to a civil nonsecure
1244	facility without first notifying the court, and all parties, 30
1245	days before the proposed transfer. If the court objects to the
1246	proposed transfer to a nonsecure facility, it must send its
1247	written objection to the agency department. The agency
1248	department may transfer the defendant unless it receives the
1249	written objection from the court within 30 days after the
1250	court's receipt of the notice of the proposed transfer.
1251	(3)  PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.--
1252	(a)  If a defendant has is both mental retardation or
1253	autism retarded or autistic and has a mental illness mentally
1254	ill, evaluations must address which condition is primarily
1255	affecting the defendant's competency to proceed. Referral of the
1256	defendant should be made to a civil or forensic the facility or
1257	program most appropriate to address the symptoms that which are
1258	the cause of the defendant's incompetence.
1259	(b)  Transfer from one civil or forensic facility or
1260	program to another civil or forensic facility or program may
1261	occur when, in the department's and agency's judgment, it is in
1262	the defendant's best treatment or training interests. The
1263	department and agency shall submit an evaluation and
1264	justification for the transfer to the court. The court may
1265	consult with an outside expert if necessary. Transfer will
1266	require an amended order from the committing court.
1267	Section 20.  Section 916.3025, Florida Statutes, is amended
1268	to read:
1269	916.3025  Jurisdiction of committing court.--
1270	(1)  The committing court shall retain jurisdiction in the
1271	case of any defendant found to be incompetent to proceed due to
1272	retardation or autism and ordered into a forensic secure
1273	facility designated by the agency department for retarded or
1274	autistic defendants who have mental retardation or autism. A No
1275	defendant may not be released except by the order of the
1276	committing court. An administrative hearing examiner does not
1277	have jurisdiction to determine issues of continuing commitment
1278	or release of any defendant involuntarily committed pursuant to
1279	this chapter.
1280	(2)  The committing court shall retain jurisdiction in the
1281	case of any defendant placed on conditional release pursuant to
1282	s. 916.304. No Such defendant may not be released from the
1283	conditions of release except by order of the committing court.
1284	(3)  The committing court shall consider a the petition to
1285	involuntarily admit a defendant whose charges have been
1286	dismissed to residential services provided by the agency
1287	department's developmental services program a person whose
1288	charges have been dismissed, and, when applicable, to continue
1289	secure placement of such person as provided in s. 916.303. The
1290	committing court shall retain jurisdiction over such person so
1291	long as he or she remains in secure placement or is on
1292	conditional release as provided in s. 916.304. However, upon
1293	request the court may transfer continuing jurisdiction to the
1294	court in the circuit where the defendant resides. The defendant
1295	may not be released from an order for secure placement except by
1296	order of the court.
1297	Section 21.  Section 916.303, Florida Statutes, is amended
1298	to read:
1299	916.303  Determination of incompetency due to retardation
1300	or autism; dismissal of charges.--
1301	(1)  The charges against any defendant found to be
1302	incompetent to proceed due to retardation or autism shall be
1303	dismissed without prejudice to the state if the defendant
1304	remains incompetent to proceed within a reasonable time after
1305	such determination, not to exceed 2 years, unless the court in
1306	its order specifies its reasons for believing that the defendant
1307	will become competent to proceed within the foreseeable future
1308	and specifies the time within which the defendant is expected to
1309	become competent to proceed. The charges may be refiled by the
1310	state if against the defendant are dismissed without prejudice
1311	to the state to refile the charges should the defendant is be
1312	declared competent to proceed in the future.
1313	(2)(a)  If the charges are dismissed and if the defendant
1314	is considered to lack sufficient capacity to give express and
1315	informed consent to a voluntary application for services and
1316	lacks the basic survival and self-care skills to provide for his
1317	or her well-being or is likely to physically injure himself or
1318	herself or others if allowed to remain at liberty, the agency
1319	department, the state attorney, or the defendant's attorney
1320	shall may apply to the committing court to involuntarily admit
1321	the defendant to residential services pursuant to s. 393.11.
1322	(3)(b)  If the defendant is considered to need involuntary
1323	residential services for reasons described in subsection (2)
1324	under s. 393.11 and, further, there is a substantial likelihood
1325	that the defendant will injure another person or continues to
1326	present a danger of escape, and all available less restrictive
1327	alternatives, including services in community residential
1328	facilities or other community settings, which would offer an
1329	opportunity for improvement of the condition have been judged to
1330	be inappropriate, then the agency person or entity filing the
1331	petition under s. 393.11, the state attorney, or the defendant's
1332	counsel may request, the petitioning commission, or the
1333	department may also petition the committing court to continue
1334	the defendant's placement in a secure facility or program
1335	pursuant to this part section. Any placement so continued under
1336	this subsection must be defendant involuntarily admitted under
1337	this paragraph shall have his or her status reviewed by the
1338	court at least annually at a hearing. The annual review and
1339	hearing shall determine whether the defendant continues to meet
1340	the criteria described in this subsection for involuntary
1341	residential services and, if so, whether the defendant still
1342	requires involuntary placement in a secure facility or program
1343	because the court finds that the defendant is likely to
1344	physically injure others as specified in s. 393.11 and whether
1345	the defendant is receiving adequate care, treatment,
1346	habilitation, and rehabilitation, including psychotropic
1347	medication and behavioral programming. Notice of the annual
1348	review and review hearing shall be given to the state attorney
1349	and to the defendant's attorney. In no instance may a
1350	defendant's placement in a secure facility or program exceed the
1351	maximum sentence for the crime for which the defendant was
1352	charged.
1353	Section 22.  Section 916.304, Florida Statutes, is amended
1354	to read:
1355	916.304  Conditional release.--
1356	(1)  Except for an inmate currently serving a prison
1357	sentence, the committing court may order a conditional release
1358	of any defendant who has been found to be incompetent to proceed
1359	due to retardation or autism, based on an approved plan for
1360	providing continuing community-based training. The committing
1361	criminal court may order a conditional release of any defendant
1362	to a civil facility in lieu of an involuntary commitment to a
1363	forensic facility pursuant to s. 916.302. Upon a recommendation
1364	that community-based training for the defendant is appropriate,
1365	a written plan for community-based training, including
1366	recommendations from qualified professionals, may be filed with
1367	the court, with copies to all parties. Such a plan may also be
1368	submitted by the defendant and filed with the court, with copies
1369	to all parties. The plan must shall include:
1370	(a)  Special provisions for residential care and adequate
1371	supervision of the defendant, including recommended location of
1372	placement.
1373	(b)  Recommendations for auxiliary services such as
1374	vocational training, psychological training, educational
1375	services, leisure services, and special medical care.
1376
1377	In its order of conditional release, the court shall specify the
1378	conditions of release based upon the release plan and shall
1379	direct the appropriate agencies or persons to submit periodic
1380	reports to the courts regarding the defendant's compliance with
1381	the conditions of the release and progress in training, with
1382	copies to all parties.
1383	(2)  Upon the filing of an affidavit or statement under
1384	oath by any person that the defendant has failed to comply with
1385	the conditions of release, that the defendant's condition has
1386	deteriorated, or that the release conditions should be modified,
1387	the court shall hold a hearing within 7 days after receipt of
1388	the affidavit or statement under oath. With notice to the court,
1389	the agency may detain a defendant in a forensic facility until
1390	the hearing occurs. After the hearing, the court may modify the
1391	release conditions. The court may also order that the defendant
1392	be placed into more appropriate programs for further training or
1393	may order the defendant to be committed returned to a forensic
1394	facility involuntary residential services of the department if
1395	it is found, after the appointment and report of experts, that
1396	the defendant meets the criteria for placement in a forensic
1397	facility involuntary residential services.
1398	(3)  If at any time it is determined after a hearing that
1399	the defendant conditionally released under subsection (1) no
1400	longer requires court-supervised followup care, the court shall
1401	terminate its jurisdiction in the cause and discharge the
1402	defendant.
1403	Section 23.  Subsection (1) of section 921.137, Florida
1404	Statutes, is amended to read:
1405	921.137  Imposition of the death sentence upon a mentally
1406	retarded defendant with mental retardation prohibited.--
1407	(1)  As used in this section, the term "mental retardation"
1408	means significantly subaverage general intellectual functioning
1409	existing concurrently with deficits in adaptive behavior and
1410	manifested during the period from conception to age 18. The term
1411	"significantly subaverage general intellectual functioning," for
1412	the purpose of this section, means performance that is two or
1413	more standard deviations from the mean score on a standardized
1414	intelligence test specified in the rules of the Agency for
1415	Persons with Disabilities Department of Children and Family
1416	Services. The term "adaptive behavior," for the purpose of this
1417	definition, means the effectiveness or degree with which an
1418	individual meets the standards of personal independence and
1419	social responsibility expected of his or her age, cultural
1420	group, and community. The Agency for Persons with Disabilities
1421	Department of Children and Family Services shall adopt rules to
1422	specify the standardized intelligence tests as provided in this
1423	subsection.
1424	Section 24.  Paragraphs (d), (e), (g), and (h) of
1425	subsection (1), subsections (2), (3), and (4), paragraph (b) of
1426	subsection (5), and paragraph (a) of subsection (6) of section
1427	985.223, Florida Statutes, are amended to read:
1428	985.223  Incompetency in juvenile delinquency cases.--
1429	(1)  If, at any time prior to or during a delinquency case,
1430	the court has reason to believe that the child named in the
1431	petition may be incompetent to proceed with the hearing, the
1432	court on its own motion may, or on the motion of the child's
1433	attorney or state attorney must, stay all proceedings and order
1434	an evaluation of the child's mental condition.
1435	(d)  For incompetency evaluations related to mental
1436	illness, the Department of Children and Family Services shall
1437	maintain and annually provide the courts with a list of
1438	available mental health professionals who have completed a
1439	training program approved by the Department of Children and
1440	Family Services to perform the evaluations.
1441	(e)  For incompetency evaluations related to mental
1442	retardation or autism, the court shall order the Agency for
1443	Persons with Disabilities Developmental Disabilities Program
1444	Office within the Department of Children and Family Services to
1445	examine the child to determine if the child meets the definition
1446	of "retardation" or "autism" in s. 393.063 and, if so, whether
1447	the child is competent to proceed with delinquency proceedings.
1448	(g)  Immediately upon the filing of the court order finding
1449	a child incompetent to proceed, the clerk of the court shall
1450	notify the Department of Children and Family Services and the
1451	Agency for Persons with Disabilities and fax or hand deliver to
1452	the department and to the agency of Children and Family Services
1453	a referral packet that which includes, at a minimum, the court
1454	order, the charging documents, the petition, and the court-
1455	appointed evaluator's reports.
1456	(h)  After placement of the child in the appropriate
1457	setting, the Department of Children and Family Services in
1458	consultation with the Agency for Persons with Disabilities, as
1459	appropriate, must, within 30 days after placement of the
1460	Department of Children and Family Services places the child,
1461	prepare and submit to the court a treatment or training plan for
1462	the child's restoration of competency. A copy of the treatment
1463	plan must be served upon the child's attorney, the state
1464	attorney, and the attorneys representing the Department of
1465	Juvenile Justice.
1466	(2)  A child who is mentally ill or retarded, who is
1467	adjudicated incompetent to proceed, and who has committed a
1468	delinquent act or violation of law, either of which would be a
1469	felony if committed by an adult, must be committed to the
1470	Department of Children and Family Services for treatment or
1471	training. A child who has been adjudicated incompetent to
1472	proceed because of age or immaturity, or for any reason other
1473	than for mental illness or retardation or autism, must not be
1474	committed to the department or to the Department of Children and
1475	Family Services for restoration-of-competency treatment or
1476	training services. For purposes of this section, a child who has
1477	committed a delinquent act or violation of law, either of which
1478	would be a misdemeanor if committed by an adult, may not be
1479	committed to the department or to the Department of Children and
1480	Family Services for restoration-of-competency treatment or
1481	training services.
1482	(3)  If the court finds that a child has mental illness,
1483	mental retardation, or autism is mentally ill or retarded and
1484	adjudicates the child incompetent to proceed, the court must
1485	also determine whether the child meets the criteria for secure
1486	placement. A child may be placed in a secure facility or program
1487	if the court makes a finding by clear and convincing evidence
1488	that:
1489	(a)  The child has mental illness, mental retardation, or
1490	autism is mentally ill and because of the mental illness, mental
1491	retardation, or autism; or the child is mentally retarded and
1492	because of the mental retardation:
1493	1.  The child is manifestly incapable of surviving with the
1494	help of willing and responsible family or friends, including
1495	available alternative services, and without treatment or
1496	training the child is likely to either suffer from neglect or
1497	refuse to care for self, and such neglect or refusal poses a
1498	real and present threat of substantial harm to the child's well-
1499	being; or
1500	2.  There is a substantial likelihood that in the near
1501	future the child will inflict serious bodily harm on self or
1502	others, as evidenced by recent behavior causing, attempting, or
1503	threatening such harm; and
1504	(b)  All available less restrictive alternatives, including
1505	treatment or training in community residential facilities or
1506	community settings which would offer an opportunity for
1507	improvement of the child's condition, are inappropriate.
1508	(4)  A child who is determined to have mental retardation
1509	or autism be mentally ill or retarded, who has been adjudicated
1510	incompetent to proceed, and who meets the criteria set forth in
1511	subsection (3), must be committed to the Department of Children
1512	and Family Services, and receive treatment or training the
1513	Department of Children and Family Services must treat or train
1514	the child in a secure facility or program that which is the
1515	least restrictive alternative consistent with public safety. Any
1516	placement of a child to a secure residential program must be
1517	separate from adult forensic programs. If the child attains
1518	competency, then custody, case management, and supervision of
1519	the child will be transferred to the department in order to
1520	continue delinquency proceedings; however, the court retains
1521	authority to order the Department of Children and Family
1522	Services to provide continued treatment or training to maintain
1523	competency.
1524	(a)  A child adjudicated incompetent due to mental
1525	retardation or autism may be ordered into a secure program or
1526	facility designated by the Department of Children and Family
1527	Services for retarded children with mental retardation or
1528	autism.
1529	(b)  A child adjudicated incompetent due to mental illness
1530	may be ordered into a secure program or facility designated by
1531	the Department of Children and Family Services for mentally ill
1532	children have mental illnesses.
1533	(c)  Whenever a child is placed in a secure residential
1534	facility, the department will provide transportation to the
1535	secure residential facility for admission and from the secure
1536	residential facility upon discharge.
1537	(d)  The purpose of the treatment or training is the
1538	restoration of the child's competency to proceed.
1539	(e)  The service provider must file a written report with
1540	the court pursuant to the applicable Florida Rules of Juvenile
1541	Procedure not later than 6 months after the date of commitment,
1542	or at the end of any period of extended treatment or training,
1543	and at any time the Department of Children and Family Services,
1544	through its service provider determines the child has attained
1545	competency or no longer meets the criteria for secure placement,
1546	or at such shorter intervals as ordered by the court. A copy of
1547	a written report evaluating the child's competency must be filed
1548	by the provider with the court and with the state attorney, the
1549	child's attorney, the department, and the Department of Children
1550	and Family Services.
1551	(5)
1552	(b)  Whenever the provider files a report with the court
1553	informing the court that the child will never become competent
1554	to proceed, the Department of Children and Family Services will
1555	develop a discharge plan for the child prior to any hearing
1556	determining whether the child will ever become competent to
1557	proceed and send the. The Department of Children and Family
1558	Services must send the proposed discharge plan to the court, the
1559	state attorney, the child's attorney, and the attorneys
1560	representing the Department of Juvenile Justice. The provider
1561	will continue to provide services to the child until the court
1562	issues the order finding the child will never become competent
1563	to proceed.
1564	(6)(a)  If a child is determined to have mental illness,
1565	mental retardation, or autism be mentally ill or retarded and is
1566	found to be incompetent to proceed but does not meet the
1567	criteria set forth in subsection (3), the court shall commit the
1568	child to the Department of Children and Family Services and
1569	shall order the Department of Children and Family Services to
1570	provide appropriate treatment and training in the community. The
1571	purpose of the treatment or training is the restoration of the
1572	child's competency to proceed.
1573	Section 25.  Paragraph (b) of subsection (14) of section
1574	287.057, Florida Statutes, is amended to read:
1575	287.057  Procurement of commodities or contractual
1576	services.--
1577	(14)
1578	(b)  Notwithstanding paragraph (a), the Department of
1579	Children and Family Services may enter into agreements, not to
1580	exceed 20 years, with a private provider to finance, design, and
1581	construct a forensic treatment facility, as defined in s.
1582	916.106(10)(8), of at least 200 beds and to operate all aspects
1583	of daily operations within the forensic treatment facility. The
1584	selected contractor is authorized to sponsor the issuance of
1585	tax-exempt certificates of participation or other securities to
1586	finance the project, and the state is authorized to enter into a
1587	lease-purchase agreement for the forensic treatment facility.
1588	This paragraph expires July 1, 2006.
1589	Section 26.  Paragraph (r) of subsection (3) of section
1590	408.036, Florida Statutes, is amended to read:
1591	408.036  Projects subject to review; exemptions.--
1592	(3)  EXEMPTIONS.--Upon request, the following projects are
1593	subject to exemption from the provisions of subsection (1):
1594	(r)  For beds in state mental health treatment facilities
1595	operated under s. 394.455(30) and state mental health forensic
1596	facilities operated under chapter 916 s. 916.106(8).
1597	Section 27.  Paragraph (a) of subsection (4) of section
1598	943.0585, Florida Statutes, is amended to read:
1599	943.0585  Court-ordered expunction of criminal history
1600	records.--The courts of this state have jurisdiction over their
1601	own procedures, including the maintenance, expunction, and
1602	correction of judicial records containing criminal history
1603	information to the extent such procedures are not inconsistent
1604	with the conditions, responsibilities, and duties established by
1605	this section. Any court of competent jurisdiction may order a
1606	criminal justice agency to expunge the criminal history record
1607	of a minor or an adult who complies with the requirements of
1608	this section. The court shall not order a criminal justice
1609	agency to expunge a criminal history record until the person
1610	seeking to expunge a criminal history record has applied for and
1611	received a certificate of eligibility for expunction pursuant to
1612	subsection (2). A criminal history record that relates to a
1613	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1614	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
1615	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
1616	s. 916.1075, or a violation enumerated in s. 907.041 may not be
1617	expunged, without regard to whether adjudication was withheld,
1618	if the defendant was found guilty of or pled guilty or nolo
1619	contendere to the offense, or if the defendant, as a minor, was
1620	found to have committed, or pled guilty or nolo contendere to
1621	committing, the offense as a delinquent act. The court may only
1622	order expunction of a criminal history record pertaining to one
1623	arrest or one incident of alleged criminal activity, except as
1624	provided in this section. The court may, at its sole discretion,
1625	order the expunction of a criminal history record pertaining to
1626	more than one arrest if the additional arrests directly relate
1627	to the original arrest. If the court intends to order the
1628	expunction of records pertaining to such additional arrests,
1629	such intent must be specified in the order. A criminal justice
1630	agency may not expunge any record pertaining to such additional
1631	arrests if the order to expunge does not articulate the
1632	intention of the court to expunge a record pertaining to more
1633	than one arrest. This section does not prevent the court from
1634	ordering the expunction of only a portion of a criminal history
1635	record pertaining to one arrest or one incident of alleged
1636	criminal activity. Notwithstanding any law to the contrary, a
1637	criminal justice agency may comply with laws, court orders, and
1638	official requests of other jurisdictions relating to expunction,
1639	correction, or confidential handling of criminal history records
1640	or information derived therefrom. This section does not confer
1641	any right to the expunction of any criminal history record, and
1642	any request for expunction of a criminal history record may be
1643	denied at the sole discretion of the court.
1644	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1645	criminal history record of a minor or an adult which is ordered
1646	expunged by a court of competent jurisdiction pursuant to this
1647	section must be physically destroyed or obliterated by any
1648	criminal justice agency having custody of such record; except
1649	that any criminal history record in the custody of the
1650	department must be retained in all cases. A criminal history
1651	record ordered expunged that is retained by the department is
1652	confidential and exempt from the provisions of s. 119.07(1) and
1653	s. 24(a), Art. I of the State Constitution and not available to
1654	any person or entity except upon order of a court of competent
1655	jurisdiction. A criminal justice agency may retain a notation
1656	indicating compliance with an order to expunge.
1657	(a)  The person who is the subject of a criminal history
1658	record that is expunged under this section or under other
1659	provisions of law, including former s. 893.14, former s. 901.33,
1660	and former s. 943.058, may lawfully deny or fail to acknowledge
1661	the arrests covered by the expunged record, except when the
1662	subject of the record:
1663	1.  Is a candidate for employment with a criminal justice
1664	agency;
1665	2.  Is a defendant in a criminal prosecution;
1666	3.  Concurrently or subsequently petitions for relief under
1667	this section or s. 943.059;
1668	4.  Is a candidate for admission to The Florida Bar;
1669	5.  Is seeking to be employed or licensed by or to contract
1670	with the Department of Children and Family Services or the
1671	Department of Juvenile Justice or to be employed or used by such
1672	contractor or licensee in a sensitive position having direct
1673	contact with children, the developmentally disabled, the aged,
1674	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1675	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1676	409.175(2)(i), s. 415.102(4), chapter 916 s. 916.106(10) and
1677	(13), s. 985.407, or chapter 400; or
1678	6.  Is seeking to be employed or licensed by the Department
1679	of Education, any district school board, any university
1680	laboratory school, any charter school, any private or parochial
1681	school, or any local governmental entity that licenses child
1682	care facilities.
1683	Section 28.  Paragraph (a) of subsection (4) of section
1684	943.059, Florida Statutes, is amended to read:
1685	943.059  Court-ordered sealing of criminal history
1686	records.--The courts of this state shall continue to have
1687	jurisdiction over their own procedures, including the
1688	maintenance, sealing, and correction of judicial records
1689	containing criminal history information to the extent such
1690	procedures are not inconsistent with the conditions,
1691	responsibilities, and duties established by this section. Any
1692	court of competent jurisdiction may order a criminal justice
1693	agency to seal the criminal history record of a minor or an
1694	adult who complies with the requirements of this section. The
1695	court shall not order a criminal justice agency to seal a
1696	criminal history record until the person seeking to seal a
1697	criminal history record has applied for and received a
1698	certificate of eligibility for sealing pursuant to subsection
1699	(2). A criminal history record that relates to a violation of s.
1700	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1701	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
1702	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
1703	a violation enumerated in s. 907.041 may not be sealed, without
1704	regard to whether adjudication was withheld, if the defendant
1705	was found guilty of or pled guilty or nolo contendere to the
1706	offense, or if the defendant, as a minor, was found to have
1707	committed or pled guilty or nolo contendere to committing the
1708	offense as a delinquent act. The court may only order sealing of
1709	a criminal history record pertaining to one arrest or one
1710	incident of alleged criminal activity, except as provided in
1711	this section. The court may, at its sole discretion, order the
1712	sealing of a criminal history record pertaining to more than one
1713	arrest if the additional arrests directly relate to the original
1714	arrest. If the court intends to order the sealing of records
1715	pertaining to such additional arrests, such intent must be
1716	specified in the order. A criminal justice agency may not seal
1717	any record pertaining to such additional arrests if the order to
1718	seal does not articulate the intention of the court to seal
1719	records pertaining to more than one arrest. This section does
1720	not prevent the court from ordering the sealing of only a
1721	portion of a criminal history record pertaining to one arrest or
1722	one incident of alleged criminal activity. Notwithstanding any
1723	law to the contrary, a criminal justice agency may comply with
1724	laws, court orders, and official requests of other jurisdictions
1725	relating to sealing, correction, or confidential handling of
1726	criminal history records or information derived therefrom. This
1727	section does not confer any right to the sealing of any criminal
1728	history record, and any request for sealing a criminal history
1729	record may be denied at the sole discretion of the court.
1730	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1731	history record of a minor or an adult which is ordered sealed by
1732	a court of competent jurisdiction pursuant to this section is
1733	confidential and exempt from the provisions of s. 119.07(1) and
1734	s. 24(a), Art. I of the State Constitution and is available only
1735	to the person who is the subject of the record, to the subject's
1736	attorney, to criminal justice agencies for their respective
1737	criminal justice purposes, or to those entities set forth in
1738	subparagraphs (a)1., 4., 5., and 6. for their respective
1739	licensing and employment purposes.
1740	(a)  The subject of a criminal history record sealed under
1741	this section or under other provisions of law, including former
1742	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1743	deny or fail to acknowledge the arrests covered by the sealed
1744	record, except when the subject of the record:
1745	1.  Is a candidate for employment with a criminal justice
1746	agency;
1747	2.  Is a defendant in a criminal prosecution;
1748	3.  Concurrently or subsequently petitions for relief under
1749	this section or s. 943.0585;
1750	4.  Is a candidate for admission to The Florida Bar;
1751	5.  Is seeking to be employed or licensed by or to contract
1752	with the Department of Children and Family Services or the
1753	Department of Juvenile Justice or to be employed or used by such
1754	contractor or licensee in a sensitive position having direct
1755	contact with children, the developmentally disabled, the aged,
1756	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1757	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1758	409.175(2)(i), s. 415.102(4), s. 415.103, chapter 916 s.
1759	916.106(10) and (13), s. 985.407, or chapter 400; or
1760	6.  Is seeking to be employed or licensed by the Department
1761	of Education, any district school board, any university
1762	laboratory school, any charter school, any private or parochial
1763	school, or any local governmental entity that licenses child
1764	care facilities.
1765	Section 29.  This act shall take effect upon becoming a
1766	law.

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