HB 7199

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to forensic treatment and training;
7	amending s. 916.105, F.S.; revising legislative intent
8	with respect to the treatment or training of defendants
9	who have mental illness, mental retardation, or autism and
10	are committed to the Agency for Persons with Disabilities;
11	providing intent with respect to the use of restraint and
12	seclusion; amending s. 916.106, F.S.; providing and
13	revising definitions; amending s. 916.107, F.S., relating
14	to the rights of forensic clients; conforming provisions
15	to the transfer of duties from the Developmental
16	Disabilities Program Office within the Department of
17	Children and Family Services to the Agency for Persons
18	with Disabilities; revising provisions governing the
19	involuntary treatment of clients; requiring the
20	coordination of services between the department, the
21	agency, and the Department of Corrections; amending s.
22	916.1075, F.S.; revising certain prohibitions on sexual
23	misconduct involving covered persons of the Department of
24	Children and Family Services or the Agency for Persons
25	with Disabilities; defining the term "covered person";
26	requiring that notice of sexual misconduct be provided to
27	the inspector general of the agency or department;
28	amending s. 916.1081, F.S.; providing that an escape or an
29	attempt to escape from a civil or forensic facility
30	constitutes a second-degree felony; amending s. 916.1085,
31	F.S.; providing for certain prohibitions concerning
32	contraband articles to apply to facilities under the
33	supervision or control of the Agency for Persons with
34	Disabilities; deleting a cross-reference; amending s.
35	916.1091, F.S.; authorizing the use of chemical weapons by
36	agency personnel; amending s. 916.1093, F.S.; authorizing
37	the agency to enter into contracts and adopt rules;
38	requiring department and agency rules to address the use
39	of restraint and seclusion; providing requirements for
40	such rules; amending s. 916.111, F.S.; revising provisions
41	governing the training of mental health experts; amending
42	s. 916.115, F.S.; requiring that the court appoint experts
43	to determine the mental condition of a criminal defendant;
44	requiring that the Department of Children and Family
45	Services annually provide the courts with a list of
46	certain mental health professionals; amending s. 916.12,
47	F.S.; revising provisions governing the evaluation of a
48	defendant's competence to proceed; amending s. 916.13,
49	F.S.; revising conditions under which a defendant may be
50	involuntarily committed for treatment; amending s.
51	916.145, F.S., relating to dismissal of charges against a
52	defendant adjudicated incompetent; conforming provisions
53	to changes made by the act; amending s. 916.15, F.S.;
54	clarifying that the determination of not guilty by reason
55	of insanity is made under a specified Florida Rule of
56	Criminal Procedure; amending s. 916.16, F.S.; providing
57	for the continuing jurisdiction of the court over a
58	defendant involuntarily committed due to mental illness;
59	amending s. 916.17, F.S.; clarifying circumstances under
60	which the court may order the conditional release of a
61	defendant; amending s. 916.301, F.S.; requiring that
62	certain evaluations be conducted by certain qualified
63	experts; requiring that the Agency for Persons with
64	Disabilities provide the court with a list of certain
65	available retardation and autism professionals; conforming
66	provisions to the transfer of duties from the
67	Developmental Disabilities Program Office within the
68	Department of Children and Family Services to the agency;
69	amending s. 916.3012, F.S.; clarifying provisions
70	governing the determination of a defendant's mental
71	competence to proceed; amending s. 916.302, F.S., relating
72	to the involuntary commitment of a defendant; conforming
73	provisions to the transfer of duties from the
74	Developmental Disabilities Program Office within the
75	Department of Children and Family Services to the agency;
76	requiring that the department and agency submit an
77	evaluation to the court before the transfer of a defendant
78	from one civil or forensic facility to another; amending
79	s. 916.3025, F.S.; clarifying that the committing court
80	retains jurisdiction over a defendant placed on
81	conditional release; providing for the transfer of
82	continuing jurisdiction to another court where the
83	defendant resides; amending s. 916.303, F.S.; clarifying
84	provisions governing the dismissal of charges against a
85	defendant found to be incompetent to proceed due to
86	retardation or autism; amending s. 916.304, F.S.;
87	providing for the conditional release of a defendant to a
88	civil facility; amending ss. 921.137 and 985.223, F.S.,
89	relating to provisions governing the imposition of the
90	death sentence upon a defendant with mental retardation
91	and the determination of incompetency in cases involving
92	juvenile delinquency; conforming provisions to the
93	transfer of duties from the Developmental Disabilities
94	Program Office within the Department of Children and
95	Family Services to the Agency for Persons with
96	Disabilities; amending ss. 287.057, 408.036, 943.0585, and
97	943.059, F.S.; conforming cross-references; providing an
98	effective date.
99
100	Be It Enacted by the Legislature of the State of Florida:
101
102	Section 1.  Section 916.105, Florida Statutes, is amended
103	to read:
104	916.105  Legislative intent.--
105	(1)  It is the intent of the Legislature that the
106	Department of Children and Family Services and the Agency for
107	Persons with Disabilities, as appropriate, establish, locate,
108	and maintain separate and secure forensic facilities and
109	programs for the treatment or training of defendants who have
110	been are charged with a felony and who have been found to be
111	incompetent to proceed due to their mental illness, mental
112	retardation, or autism, or who have been acquitted of a felony
113	felonies by reason of insanity, and who, while still under the
114	jurisdiction of the committing court, are committed to the
115	department or agency under the provisions of this chapter. Such
116	The separate, secure facilities shall be sufficient to
117	accommodate the number of defendants committed under the
118	conditions noted above., Except for those defendants found by
119	the department or agency to be appropriate for treatment or
120	training in a civil treatment facility or program pursuant to
121	subsection (3), forensic. Such secure facilities shall be
122	designed and administered so that ingress and egress, together
123	with other requirements of this chapter, may be strictly
124	controlled by staff responsible for security in order to protect
125	the defendant, facility personnel, other clients, and citizens
126	in adjacent communities.
127	(2)  It is further the intent of the Legislature that
128	treatment or training programs for defendants who are found to
129	have mental illness, mental retardation, or autism are found to
130	be mentally ill, retarded, or autistic and are involuntarily
131	committed to the department or agency, and who are still under
132	the jurisdiction of the committing court, be provided in such a
133	manner, subject to security requirements and other mandates of
134	this chapter, as to ensure the rights of the defendants as
135	provided in this chapter.
136	(3)  It is the intent of the Legislature that evaluation
137	and services to defendants who have mental illness, mental
138	retardation, or autism are mentally ill, retarded, or autistic
139	be provided in community settings, in community residential
140	facilities, or in civil, nonforensic facilities, whenever this
141	is a feasible alternative to treatment or training in a state
142	forensic facility.
143	(4)  It is the intent of the Legislature to minimize and
144	achieve an ongoing reduction in the use of restraint and
145	seclusion in forensic facilities serving persons with
146	developmental disabilities.
147	Section 2.  Section 916.106, Florida Statutes, is amended
148	to read:
149	916.106  Definitions.--For the purposes of this chapter,
150	the term:
151	(1)  "Agency" means the Agency for Persons with
152	Disabilities. The agency is responsible for training forensic
153	clients who are developmentally disabled due to mental
154	retardation or autism and have been determined incompetent to
155	proceed.
156	(2)(1)  "Autism" has the same meaning as in s. 393.063.
157	means a pervasive, neurologically based developmental disability
158	of extended duration which causes severe learning,
159	communication, and behavior disorders, with the age of onset of
160	autism occurring during infancy or childhood. Individuals with
161	autism exhibit impairment in reciprocal social interaction,
162	impairment in verbal and nonverbal communication and imaginative
163	ability, and a markedly restricted repertoire of activities and
164	interests.
165	(3)(2)  "Chemical weapon" means any shell, cartridge, bomb,
166	gun, or other device capable of emitting chloroacetophenone
167	(CN), chlorobenzalmalononitrile (CS) or any derivatives thereof
168	in any form, or any other agent with lacrimatory properties, and
169	shall include products such as that commonly known as "mace."
170	(4)(3)  "Civil facility" means:
171	(a)  A mental health facility established within the
172	department or by contract with the department to serve
173	individuals committed pursuant to chapter 394 and those
174	defendants committed pursuant to this chapter who do not require
175	the security provided in a forensic facility; or.
176	(b)  An intermediate care facility for the developmentally
177	disabled, a foster care facility, a group home facility, or a
178	supported living setting, as defined in s. 393.063, designated
179	by the agency to serve those defendants who do not require the
180	security provided in a forensic facility.
181	(5)(4)  "Court" means the circuit court.
182	(6)  "Defendant" means an adult, or a juvenile who is
183	prosecuted as an adult, who has been arraigned and charged with
184	a felony offense under the laws of this state.
185	(7)(5)  "Department" means the Department of Children and
186	Family Services. The department is responsible for the treatment
187	of forensic clients who have been determined incompetent to
188	proceed due to mental illness or who have been acquitted of a
189	felony by reason of insanity.
190	(8)(6)  "Express and informed consent" or "consent" means
191	consent given voluntarily in writing after a conscientious and
192	sufficient explanation and disclosure of the purpose of the
193	proposed treatment, the common side effects of the treatment, if
194	any, the expected duration of the treatment, and any alternative
195	treatment available.
196	(9)(7)  "Forensic client" or "client" means any defendant
197	who has been is mentally ill, retarded, or autistic and who is
198	committed to the department or agency pursuant to s. 916.13, s.
199	916.15, or s. 916.302. this chapter and:
200	(a)  Who has been determined to need treatment for a mental
201	illness or training for retardation or autism;
202	(b)  Who has been found incompetent to proceed on a felony
203	offense or has been acquitted of a felony offense by reason of
204	insanity;
205	(c)  Who has been determined by the department to:
206	1.  Be dangerous to himself or herself or others; or
207	2.  Present a clear and present potential to escape; and
208	(d)  Who is an adult or a juvenile prosecuted as an adult.
209	(10)(8)  "Forensic facility" means a separate and secure
210	facility established within the department or agency to serve
211	forensic clients. A Such separate and secure facility means a
212	facilities shall be security-grade building for the purpose of
213	separately housing persons who have mental illness from persons
214	with retardation or autism and separately housing persons who
215	have been involuntarily committed pursuant to this chapter from
216	nonforensic residents buildings located on grounds distinct in
217	location from other facilities for persons who are mentally ill.
218	The Florida State Hospital shall not be required to maintain
219	separate facilities for mentally ill, retarded, or autistic
220	defendants who are found incompetent to proceed or who are
221	acquitted of a criminal offense by reason of insanity.
222	(11)(9)  "Incompetent to proceed" means unable to proceed
223	at any material stage of a criminal proceeding, which shall
224	include trial of the case, pretrial hearings involving questions
225	of fact on which the defendant might be expected to testify,
226	entry of a plea, proceedings for violation of probation or
227	violation of community control, sentencing, and hearings on
228	issues regarding a defendant's failure to comply with court
229	orders or conditions or other matters in which the mental
230	competence of the defendant is necessary for a just resolution
231	of the issues being considered.
232	(12)(10)  "Institutional security personnel" means the
233	staff of forensic facilities members who meet or exceed the
234	requirements of s. 943.13 and who are responsible for providing
235	security, protecting for protection of clients and personnel,
236	enforcing for the enforcement of rules, preventing and
237	investigating for prevention and investigation of unauthorized
238	activities, and for safeguarding the interests of citizens in
239	the surrounding communities.
240	(13)(11)  "Mental illness" means an impairment of the
241	emotional processes that exercise conscious control of one's
242	actions, or of the ability to perceive or understand reality,
243	which impairment substantially interferes with a defendant's
244	ability to meet the ordinary demands of living. For the purposes
245	of this chapter, the term does not apply to defendants with only
246	mental retardation or autism who are solely retarded or
247	autistic, and does not include intoxication or conditions
248	manifested only by antisocial behavior or substance abuse
249	impairment.
250	(14)  "Restraint" means a physical device, method, or drug
251	used to control dangerous behavior.
252	(a)  A physical restraint is any manual method or physical
253	or mechanical device, material, or equipment attached or
254	adjacent to a person's body so that he or she cannot easily
255	remove the restraint and that restricts freedom of movement or
256	normal access to one's body.
257	(b)  A drug used as a restraint is a medication used to
258	control the person's behavior or to restrict his or her freedom
259	of movement and not part of the standard treatment regimen of an
260	individual with a diagnosed mental illness who is a client of
261	the department. Physically holding a person during a procedure
262	to forcibly administer psychotropic medication is a physical
263	restraint.
264	(c)  Restraint does not include physical devices, such as
265	orthopedically prescribed appliances, surgical dressings and
266	bandages, supportive body bands, or other physical holding when
267	necessary for routine physical examinations and tests; for
268	purposes of orthopedic, surgical, or other similar medical
269	treatment; when used to provide support for the achievement of
270	functional body position or proper balance; or when used to
271	protect a person from falling out of bed.
272	(15)(12)  "Retardation" has the same meaning as in s.
273	393.063. means significantly subaverage general intellectual
274	functioning existing concurrently with deficits in adaptive
275	behavior and manifested during the period from conception to age
276	18. "Significantly subaverage general intellectual functioning,"
277	for the purpose of this definition, means performance which is
278	two or more standard deviations from the mean score on a
279	standardized intelligence test specified in the rules of the
280	department. "Adaptive behavior," for the purpose of this
281	definition, means the effectiveness or degree with which an
282	individual meets the standards of personal independence and
283	social responsibility expected of the individual's age, cultural
284	group, and community.
285	(16)  "Seclusion" means the physical segregation of a
286	person in any fashion or the involuntary isolation of a person
287	in a room or area from which the person is prevented from
288	leaving. The prevention may be by physical barrier or by a staff
289	member who is acting in a manner, or who is physically situated,
290	so as to prevent the person from leaving the room or area. For
291	purposes of this chapter, the term does not mean isolation due
292	to a person's medical condition or symptoms, the confinement in
293	a forensic facility to a bedroom or area during normal hours of
294	sleep when there is not an active order for seclusion, or during
295	an emergency such as a riot or hostage situation when clients
296	may be temporarily placed in their rooms for their own safety.
297	(17)(13)  "Social service professional," for the purposes
298	of part III, means a person whose minimum qualifications include
299	a bachelor's degree and at least 2 years of social work,
300	clinical practice, special education, habilitation, or
301	equivalent experience working directly with persons with
302	retardation, autism, or other developmental disabilities.
303	Section 3.  Section 916.107, Florida Statutes, is amended
304	to read:
305	916.107  Rights of forensic clients.--
306	(1)  RIGHT TO INDIVIDUAL DIGNITY.--
307	(a)  The policy of the state is that the individual dignity
308	of the client shall be respected at all times and upon all
309	occasions, including any occasion when the forensic client is
310	detained, transported, or treated. Clients with mental illness,
311	retardation, or autism Defendants who are mentally ill,
312	retarded, or autistic and who are charged with committing
313	felonies shall receive appropriate treatment or training. In a
314	criminal case involving a client defendant who has been
315	adjudicated incompetent to proceed or not guilty by reason of
316	insanity, a jail may be used as an emergency facility for up to
317	15 days following from the date the department or agency
318	receives a completed copy of the court commitment order
319	containing all the documentation required by the applicable
320	Rules 3.212 and 3.217, Florida Rules of Criminal Procedure. For
321	a forensic client defendant who is mentally ill, retarded, or
322	autistic, who is held in a jail awaiting admission to a facility
323	of the department or agency, and who has been adjudicated
324	incompetent to proceed or not guilty by reason of insanity,
325	evaluation and treatment or training may shall be provided in
326	the jail by the local community mental health provider public
327	receiving facility for mental health services, or by the
328	developmental disabilities services program for persons with
329	retardation or autism, the client's physician or psychologist,
330	or any other appropriate program until the client is transferred
331	to a civil or forensic facility the custody of the department.
332	(b)  Forensic clients Mentally ill, retarded, or autistic
333	defendants who are committed to the department pursuant to this
334	chapter and who are initially placed in, or subsequently
335	transferred to, a civil facility as described in part I of
336	chapter 394 or to a residential facility as described in chapter
337	393 shall have the same rights as other persons committed to
338	these facilities for as long as they remain there.
339	(2)  RIGHT TO TREATMENT.--
340	(a)  The policy of the state is that neither the department
341	nor the agency shall not deny treatment or training to any
342	client and that no services shall be delayed at a facility
343	because the forensic client is indigent pursuant to s. 27.52 and
344	presently unable to pay. However, every reasonable effort to
345	collect appropriate reimbursement for the cost of providing
346	services to clients able to pay for the services, including
347	reimbursement from insurance or other third-party payments,
348	shall be made by facilities providing services pursuant to this
349	chapter and in accordance with the provisions of s. 402.33.
350	(b)  Each forensic client shall be given, at the time of
351	admission and at regular intervals thereafter, a physical
352	examination, which shall include screening for communicable
353	disease by a health practitioner authorized by law to give such
354	screenings and examinations.
355	(c)  Every forensic client committed pursuant to this act
356	shall be afforded the opportunity to participate in activities
357	designed to enhance self-image and the beneficial effects of
358	other treatments or training, as determined by the facility.
359	(d)  Not more than 30 days after admission, each client
360	shall have and receive, in writing, an individualized treatment
361	or training plan which the client has had an opportunity to
362	assist in preparing.
363	(3)  RIGHT TO EXPRESS AND INFORMED CONSENT.--
364	(a)  A forensic client committed to the department pursuant
365	to this act shall be asked to give express and informed written
366	consent for treatment. If a client in a forensic facility
367	refuses such treatment as is deemed necessary and essential by
368	the client's multidisciplinary treatment team at the forensic
369	facility for the appropriate care of the client and the safety
370	of the client or others, such treatment may be provided under
371	the following circumstances:
372	1.  In an emergency situation in which there is immediate
373	danger to the safety of the client or others, such treatment may
374	be provided upon the written order of a physician for a period
375	not to exceed 48 hours, excluding weekends and legal holidays.
376	If, after the 48-hour period, the client has not given express
377	and informed consent to the treatment initially refused, the
378	administrator or designee of the civil or forensic facility
379	shall, within 48 hours, excluding weekends and legal holidays,
380	petition the committing court or the circuit court serving the
381	county in which the facility is located, at the option of the
382	facility administrator or designee, for an order authorizing the
383	continued treatment of the client. In the interim, the need for
384	treatment shall be reviewed every 48 hours and may be continued
385	without the consent of the client upon the continued written
386	order of a physician who has determined that the emergency
387	situation continues to present a danger to the safety of the
388	client or others.
389	2.  In a situation other than an emergency situation, the
390	administrator or designee of the forensic facility shall
391	petition the court for an order authorizing necessary and
392	essential the treatment for to the client. The order shall allow
393	such treatment for a period not to exceed 90 days following from
394	the date of the entry of the order. Unless the court is notified
395	in writing that the client has provided express and informed
396	consent in writing or that the client has been discharged by the
397	committing court, the administrator or designee shall, prior to
398	the expiration of the initial 90-day order, petition the court
399	for an order authorizing the continuation of treatment for
400	another 90-day period. This procedure shall be repeated until
401	the client provides consent or is discharged by the committing
402	court.
403	3.  At the hearing on the issue of whether the court should
404	enter an order authorizing treatment for which a client was
405	unable to or has refused to give express and informed consent,
406	the court shall determine by clear and convincing evidence that
407	the client has mental illness, retardation, or autism is
408	mentally ill, retarded, or autistic as defined in this chapter,
409	that the treatment not consented to is essential to the care of
410	the client, and that the treatment not consented to is not
411	experimental and does not present an unreasonable risk of
412	serious, hazardous, or irreversible side effects. In arriving at
413	the substitute judgment decision, the court must consider at
414	least the following factors:
415	a.  The client's expressed preference regarding treatment;
416	b.  The probability of adverse side effects;
417	c.  The prognosis without treatment; and
418	d.  The prognosis with treatment.
419
420	The hearing shall be as convenient to the client as may be
421	consistent with orderly procedure and shall be conducted in
422	physical settings not likely to be injurious to the client's
423	condition. The court may appoint a general or special magistrate
424	to preside at the hearing. The client or the client's guardian,
425	and the representative, shall be provided with a copy of the
426	petition and the date, time, and location of the hearing. The
427	client has the right to have an attorney represent him or her at
428	the hearing, and, if the client is indigent, the court shall
429	appoint the office of the public defender to represent the
430	client at the hearing. The client may testify or not, as he or
431	she chooses, and has the right to cross-examine witnesses and
432	may present his or her own witnesses.
433	(b)  In addition to the provisions of paragraph (a), in the
434	case of surgical procedures requiring the use of a general
435	anesthetic or electroconvulsive treatment or nonpsychiatric
436	medical procedures, and prior to performing the procedure,
437	written permission shall be obtained from the client, if the
438	client is legally competent, from the parent or guardian of a
439	minor client, or from the guardian of an incompetent client. The
440	administrator or designee of the forensic facility or a
441	designated representative may, with the concurrence of the
442	client's attending physician, authorize emergency surgical or
443	nonpsychiatric medical treatment if such treatment is deemed
444	lifesaving or for a situation threatening serious bodily harm to
445	the client and permission of the client or the client's guardian
446	could not cannot be obtained before provision of the needed
447	treatment.
448	(4)  QUALITY OF TREATMENT.--
449	(a)  Each forensic client committed pursuant to this
450	chapter shall receive treatment or training suited to the
451	client's needs, which shall be administered skillfully, safely,
452	and humanely with full respect for the client's dignity and
453	personal integrity. Each client shall receive such medical,
454	vocational, social, educational, and rehabilitative services as
455	the client's condition requires to bring about a return to court
456	for disposition of charges or a return to the community. In
457	order to achieve this goal, the department and the agency shall
458	coordinate their services with each other, the Department of
459	Corrections, is directed to coordinate the services of the
460	Mental Health Program Office and the Developmental Disabilities
461	Program Office with all other programs of the department and
462	other appropriate state agencies.
463	(b)  Forensic clients shall be free from the unnecessary
464	use of restraint or seclusion. Restraints shall be employed only
465	in emergencies or to protect the client or others from imminent
466	injury. Restraints may not be employed as punishment or for the
467	convenience of staff.
468	(5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--
469	(a)  Each forensic client committed pursuant to the
470	provisions of this chapter has the right to communicate freely
471	and privately with persons outside the facility unless it is
472	determined that such communication is likely to be harmful to
473	the client or others. Clients shall have the right to contact
474	and to receive communication from their attorneys at any
475	reasonable time.
476	(a)(b)  Each forensic client committed under the provisions
477	of this chapter shall be allowed to receive, send, and mail
478	sealed, unopened correspondence; and no client's incoming or
479	outgoing correspondence shall be opened, delayed, held, or
480	censored by the facility unless there is reason to believe that
481	it contains items or substances that which may be harmful to the
482	client or others, in which case the administrator or designee
483	may direct reasonable examination of such mail and may regulate
484	the disposition of such items or substances. For purposes of
485	this paragraph, the term "correspondence" does shall not include
486	parcels or packages. Forensic facilities may are authorized to
487	promulgate reasonable institutional policies to provide for the
488	inspection of parcels or packages and for the removal of
489	contraband items for health or security reasons prior to the
490	contents being given to a client.
491	(b)(c)  If a client's right to communicate is restricted by
492	the administrator, written notice of such restriction and the
493	duration of the restriction shall be served on the client or his
494	or her legal guardian or representatives, and such restriction
495	shall be recorded on the client's clinical record with the
496	reasons therefor. The restriction of a client's right to
497	communicate shall be reviewed at least every 7 days.
498	(c)(d)  Each forensic facility shall establish reasonable
499	institutional policies governing visitors, visiting hours, and
500	the use of telephones by clients in the least restrictive manner
501	possible.
502	(d)(e)  Each forensic client committed pursuant to this
503	chapter shall have ready access to a telephone in order to
504	report an alleged abuse. The facility or program staff shall
505	orally and in writing inform each client of the procedure for
506	reporting abuse and shall present the information in a language
507	the client understands. A written copy of that procedure,
508	including the telephone number of the central abuse hotline and
509	reporting forms, shall be posted in plain view.
510	(e)(f)  The department's or agency's forensic facilities
511	shall develop policies providing a procedure for reporting
512	abuse. Facility staff shall be required, as a condition of
513	employment, to become familiar with the procedures for the
514	reporting of abuse.
515	(6)  CARE AND CUSTODY OF PERSONAL EFFECTS OF CLIENTS.--A
516	forensic client's right to possession of clothing and personal
517	effects shall be respected. The department or agency by rule, or
518	the administrator of any forensic facility by written
519	institutional policy, may declare certain items to be hazardous
520	to the health or welfare of clients or others or to the
521	operation of the facility. Such items may be restricted from
522	introduction into the facility or may be restricted from being
523	in a client's possession. The administrator or designee may take
524	temporary custody of such effects when required for medical and
525	safety reasons. Custody of such personal effects shall be
526	recorded in the client's clinical record.
527	(7)  VOTING IN PUBLIC ELECTIONS.--A forensic client
528	committed pursuant to this chapter who is eligible to vote
529	according to the laws of the state has the right to vote in the
530	primary and general elections. The department and agency shall
531	establish rules to enable clients to obtain voter registration
532	forms, applications for absentee ballots, and absentee ballots.
533	(8)  CLINICAL RECORD; CONFIDENTIALITY.--A clinical record
534	for each forensic client shall be maintained. The record shall
535	include data pertaining to admission and such other information
536	as may be required under rules of the department or the agency.
537	Unless waived by express and informed consent of the client or
538	the client's legal guardian or, if the client is deceased, by
539	the client's personal representative or by that family member
540	who stands next in line of intestate succession or except as
541	otherwise provided in this subsection, the clinical record is
542	confidential and exempt from the provisions of s. 119.07(1) and
543	s. 24(a), Art. I of the State Constitution.
544	(a)  Such clinical record may be released:
545	1.  To such persons and agencies as are designated by the
546	client or the client's legal guardian.
547	2.  To persons authorized by order of court and to the
548	client's counsel when the records are needed by the counsel for
549	adequate representation.
550	3.  To a qualified researcher, as defined by rule; a staff
551	member of the facility; or an employee of the department or
552	agency when the administrator of the facility, or secretary or
553	director of the department or agency, deems it necessary for
554	treatment of the client, maintenance of adequate records,
555	compilation of treatment data, or evaluation of programs.
556	4.  For statistical and research purposes if the
557	information is abstracted in such a way as to protect the
558	identity of individuals.
559	5.  If a client receiving services pursuant to this chapter
560	has declared an intention to harm other persons. When such a
561	declaration has been made, the administrator shall authorize the
562	release of sufficient information to provide adequate warning to
563	the person threatened with harm by the client, and to the
564	committing court, the state attorney, and the attorney
565	representing the client.
566	6.  To the parent or next of kin of a client mentally ill,
567	retarded, or autistic person who is committed to, or is being
568	served by, a facility or program when such information is
569	limited to that person's service plan and current physical and
570	mental condition. Release of such information shall be in
571	accordance with the code of ethics of the profession involved
572	and must comply with all state and federal laws and regulations
573	pertaining to the release of personal health information.
574	(b)  Notwithstanding other provisions of this subsection,
575	the department or agency may request or receive from or provide
576	to any of the following entities client information to
577	facilitate treatment, habilitation, rehabilitation, and
578	continuity of care of any forensic client:
579	1.  The Social Security Administration and the United
580	States Department of Veterans Affairs;
581	2.  Law enforcement agencies, state attorneys, defense
582	attorneys, and judges in regard to the client's status;
583	3.  Jail personnel in the jail in to which a client may be
584	housed returned; and
585	4.  Community agencies and others expected to provide
586	followup care to the client upon the client's return to the
587	community.
588	(c)  The department or agency may provide notice to any
589	client's next of kin or first representative regarding any
590	serious medical illness or the death of the client.
591	(d)1.  Any law enforcement agency, facility, or other
592	governmental agency that receives information pursuant to this
593	subsection shall maintain the confidentiality of such
594	information except as otherwise provided herein.
595	2.  Any agency or private practitioner who acts in good
596	faith in releasing information pursuant to this subsection is
597	not subject to civil or criminal liability for such release.
598	(9)  HABEAS CORPUS.--
599	(a)  At any time, and without notice, a forensic client
600	detained by a facility, or a relative, friend, guardian,
601	representative, or attorney on behalf of such client, may
602	petition for a writ of habeas corpus to question the cause and
603	legality of such detention and request that the committing court
604	issue a writ for release. Each client committed pursuant to this
605	chapter shall receive a written notice of the right to petition
606	for a writ of habeas corpus.
607	(b)  A client or his or her legal guardian or
608	representatives or attorney may file a petition in the circuit
609	court in the county where the client is committed alleging that
610	the client is being unjustly denied a right or privilege granted
611	herein or that a procedure authorized herein is being abused.
612	Upon the filing of such a petition, the circuit court shall have
613	the authority to conduct a judicial inquiry and to issue any
614	appropriate order to correct an abuse of the provisions of this
615	chapter.
616	(10)  TRANSPORTATION.--
617	(a)  The sheriff shall consult with the governing board of
618	the county as to the most appropriate and cost-effective means
619	of transportation for forensic clients who have been committed
620	for treatment or training. Such consultation shall include, but
621	is not limited to, consideration of the cost to the county of
622	transportation performed by sheriff's department personnel as
623	opposed to transportation performed by other means and, if
624	sheriff's department personnel are to be used for
625	transportation, the effect such use will have, if any, on
626	service delivery levels of the sheriff's road patrol. After such
627	consultation with the governing board of the county, the sheriff
628	shall determine the most appropriate and cost-effective means of
629	transportation for forensic clients committed for treatment or
630	training.
631	(b)  The governing board of each county is authorized to
632	contract with private transport companies for the transportation
633	of such clients to and from a facility.
634	(c)  Any company that transports a client pursuant to this
635	section is considered an independent contractor and is solely
636	liable for the safe and dignified transportation of the client.
637	Any transport company that contracts with the governing board of
638	a county for the transport of clients as provided for in this
639	section shall be insured and provide no less than $100,000 in
640	liability insurance with respect to the transportation of the
641	clients.
642	(d)  Any company that contracts with a governing board of a
643	county to transport clients shall comply with the applicable
644	rules of the department or agency to ensure the safety and
645	dignity of the clients.
646	(11)  LIABILITY FOR VIOLATIONS.--Any person who violates or
647	abuses any rights or privileges of a forensic client in the
648	custody of the department or agency that are provided under this
649	chapter shall be by this act is liable for damages as determined
650	by law. Any person who acts in good faith in complying with the
651	provisions of this chapter act is immune from civil or criminal
652	liability for his or her actions in connection with the
653	admission, diagnosis, treatment, training, or discharge of a
654	client to or from a facility. However, this subsection does not
655	relieve any person from liability if he or she is negligent.
656	Section 4.  Subsections (1), (2), (3), (4), and (5) of
657	section 916.1075, Florida Statutes, are amended to read:
658	916.1075  Sexual misconduct prohibited; reporting required;
659	penalties.--
660	(1)  As used in this section, the term:
661	(a)  "Covered person" means an employee," includes any paid
662	staff member, volunteer, or intern of the department or agency;
663	any person under contract with the department or agency; and any
664	person providing care or support to a forensic client on behalf
665	of the department, the agency, or their its providers.
666	(b)  "Sexual activity" means:
667	1.  Fondling the genital area, groin, inner thighs,
668	buttocks, or breasts of a person.
669	2.  The oral, anal, or vaginal penetration by or union with
670	the sexual organ of another or the anal or vaginal penetration
671	of another by any other object.
672	3.  Intentionally touching in a lewd or lascivious manner
673	the breasts, genitals, the genital area, or buttocks, or the
674	clothing covering them, of a person, or forcing or enticing a
675	person to touch the perpetrator.
676	4.  Intentionally masturbating in the presence of another
677	person.
678	5.  Intentionally exposing the genitals in a lewd or
679	lascivious manner in the presence of another person.
680	6.  Intentionally committing any other sexual act that does
681	not involve actual physical or sexual contact with the victim,
682	including, but not limited to, sadomasochistic abuse, sexual
683	bestiality, or the simulation of any act involving sexual
684	activity in the presence of a victim.
685	(c)  "Sexual misconduct" means any sexual activity between
686	a covered person an employee and a forensic client in the
687	custody of the department or agency, regardless of the consent
688	of the client. The term does not include an act done for a bona
689	fide medical purpose or an internal search conducted in the
690	lawful performance of duty by a covered person an employee.
691	(2)  A covered person An employee who engages in sexual
692	misconduct with a forensic client who resides in a civil or
693	forensic facility commits a felony of the second degree,
694	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
695	Such person An employee may be found guilty of violating this
696	subsection without having committed the crime of sexual battery.
697	(3)  The consent of a forensic the client to sexual
698	activity is not a defense to prosecution under this section.
699	(4)  This section does not apply to a covered person an
700	employee who:
701	(a)  Is legally married to the client; or
702	(b)  Has no reason to believe that the person with whom the
703	covered person employee engaged in sexual misconduct is a client
704	receiving services as described in subsection (2).
705	(5)  A covered person An employee who witnesses sexual
706	misconduct, or who otherwise knows or has reasonable cause to
707	suspect that a person has engaged in sexual misconduct, shall
708	immediately report the incident to the department's central
709	abuse hotline and to the appropriate local law enforcement
710	agency. The covered person Such employee shall also prepare,
711	date, and sign an independent report that specifically describes
712	the nature of the sexual misconduct, the location and time of
713	the incident, and the persons involved. For an allegation
714	pertaining to a forensic client committed to the department or
715	agency, the covered person employee shall deliver the report
716	directly to the department's or agency's inspector general, as
717	appropriate, or to the supervisor or program director, who shall
718	provide copies to the department's or agency's is responsible
719	for providing copies to the department's inspector general. The
720	inspector general shall immediately conduct an appropriate
721	administrative investigation, and, if there is probable cause to
722	believe that sexual misconduct has occurred, the inspector
723	general shall notify the state attorney in the circuit in which
724	the incident occurred.
725	Section 5.  Section 916.1081, Florida Statutes, is amended
726	to read:
727	916.1081  Escape from program; penalty.--
728	(1)  A forensic client who is A defendant involuntarily
729	committed to the department or agency, who is in the custody of
730	the department or agency, and under the provisions of this
731	chapter who escapes or attempts to escape from a civil or
732	forensic facility or program commits a felony of the second
733	degree, punishable as provided in s. 775.082, s. 775.083, or s.
734	775.084.
735	(2)  A person who is involuntarily committed to the
736	department or the agency, who is in the custody of the
737	Department of Corrections, and who escapes or attempts to escape
738	from a facility or program commits a felony of the second
739	degree, punishable as provided in s. 775.082, s. 775.083, or s.
740	775.084. Any punishment of imprisonment imposed under this
741	subsection shall run consecutive to any former sentence imposed
742	upon the person.
743	Section 6.  Subsection (1) and paragraph (b) of subsection
744	(2) of section 916.1085, Florida Statutes, are amended to read:
745	916.1085  Introduction or removal of certain articles
746	unlawful; penalty.--
747	(1)(a)  Except as authorized by law or as specifically
748	authorized by the person in charge of a facility, it is unlawful
749	to introduce into or upon the grounds of any facility under the
750	supervision or control of the department or agency, or to take
751	or attempt to take or send therefrom, any of the following
752	articles, which are hereby declared to be contraband for the
753	purposes of this section:
754	1.  Any intoxicating beverage or beverage which causes or
755	may cause an intoxicating effect;
756	2.  Any controlled substance as defined in chapter 893;
757	3.  Any firearm or deadly weapon; or
758	4.  Any other item as determined by the department or the
759	agency, and as designated by departmental rule or by the
760	administrator of any facility, and designated by written
761	institutional policies, to be hazardous to the welfare of
762	clients patients or the operation of the facility.
763	(b)  It is unlawful to transmit to, attempt to transmit to,
764	or cause or attempt to cause to be transmitted to or received by
765	any client of any facility under the supervision or control of
766	the department or agency any article or thing declared by this
767	section to be contraband, at any place that which is outside of
768	the grounds of such facility, except as authorized by law or as
769	specifically authorized by the person in charge of such
770	facility.
771	(2)
772	(b)  These provisions shall be enforced by institutional
773	security personnel as defined in s. 916.106(10) or by a law
774	enforcement officer as defined in s. 943.10.
775	Section 7.  Section 916.1091, Florida Statutes, is amended
776	to read:
777	916.1091  Duties, functions, and powers of institutional
778	security personnel.--In case of emergency, and when necessary to
779	provide protection and security to any client, to the personnel,
780	equipment, buildings, or grounds of a department or agency
781	facility, or to citizens in the surrounding community,
782	institutional security personnel may, when authorized by the
783	administrator of the facility or her or his designee when the
784	administrator is not present, use a chemical weapon against a
785	patient housed in a forensic facility. However, such weapon
786	shall be used only to the extent necessary to provide such
787	protection and security. Under no circumstances shall any such
788	officer carry a chemical weapon on her or his person except
789	during the period of the emergency for which its use was
790	authorized. All chemical weapons shall be placed in secure
791	storage when their use is not authorized as provided in this
792	section.
793	Section 8.  Section 916.1093, Florida Statutes, is amended
794	to read:
795	916.1093  Operation and administration; rules.--
796	(1)  The department or agency may is authorized to enter
797	into contracts and do such things as may be necessary and
798	incidental to assure compliance with and to carry out the
799	provisions of this chapter in accordance with the stated
800	legislative intent.
801	(2)  The department and agency are authorized has authority
802	to adopt rules pursuant to ss. 120.536(1) and 120.54 to
803	implement the provisions of this chapter. Such rules must
804	address the use of restraint and seclusion in forensic
805	facilities and must be consistent with recognized best
806	practices; prohibit inherently dangerous restraint or seclusion
807	procedures; establish limitations on the use and duration of
808	restraint and seclusion; establish measures to ensure the safety
809	of clients and staff during an incident of restraint or
810	seclusion; establish procedures for staff to follow before,
811	during, and after incidents of restraint or seclusion; establish
812	professional qualifications of and training for staff who may
813	order or be engaged in the use of restraint or seclusion;
814	provide data reporting and data collection procedures relating
815	to the use of restraint and seclusion; and provide for the
816	documentation of the use of restraint or seclusion in the
817	client's facility record.
818	Section 9.  Subsection (1) of section 916.111, Florida
819	Statutes, is amended to read:
820	916.111  Training of mental health experts.--The evaluation
821	of defendants for competency to proceed or for sanity at the
822	time of the commission of the offense shall be conducted in such
823	a way as to ensure uniform application of the criteria
824	enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
825	Procedure. The department shall develop, and may contract with
826	accredited institutions:
827	(1)  To provide:
828	(a)  A plan for training community mental health
829	professionals to perform forensic evaluations and to standardize
830	the criteria and procedures to be used in these evaluations;
831	(b)  Clinical protocols and procedures based upon the
832	criteria of Rules 3.210 and 3.216, Florida Rules of Criminal
833	Procedure; and
834	(c)  Training for community mental health professionals in
835	the application of these protocols and procedures in performing
836	forensic evaluations and providing reports to the courts; and
837	Section 10.  Section 916.115, Florida Statutes, is amended
838	to read:
839	916.115  Appointment of experts.--
840	(1)(a)  Annually, the department shall provide the courts
841	with a list of mental health professionals who have completed
842	approved training as experts.
843	(b)  The court shall may appoint no more than three experts
844	to determine issues of the mental condition of a defendant in a
845	criminal case, including the issues of competency to proceed,
846	insanity, and involuntary hospitalization or placement, and
847	treatment. The experts An expert may evaluate the defendant in
848	jail or in another appropriate local facility or in a facility
849	of the Department of Corrections.
850	(a)(c)  To the extent possible, the an appointed experts
851	expert shall have completed forensic evaluator training approved
852	by the department and each shall be either a psychiatrist,
853	licensed psychologist, or physician.
854	(b)  The department shall maintain and annually provide the
855	courts with a list of available mental health professionals who
856	have completed the approved training as experts.
857	(2)  Expert witnesses appointed by the court to evaluate
858	the mental condition of a defendant in a criminal case shall be
859	allowed reasonable fees for services rendered as evaluators of
860	competence or sanity and as witnesses.
861	(a)1.  The court shall pay for any expert that it appoints
862	by court order, upon motion of counsel for the defendant or the
863	state or upon its own motion. If the defense or the state
864	retains an expert and waives the confidentiality of the expert's
865	report, the court may pay for no more than two additional
866	experts appointed by court order. If an expert appointed by the
867	court upon motion of counsel for the defendant specifically to
868	evaluate the competence of the defendant to proceed also
869	addresses in his or her evaluation issues related to sanity as
870	an affirmative defense, the court shall pay only for that
871	portion of the expert's fees relating to the evaluation on
872	competency to proceed, and the balance of the fees shall be
873	chargeable to the defense.
874	(a)2.  Pursuant to s. 29.006, the office of the public
875	defender shall pay for any expert retained by the office.
876	(b)3.  Pursuant to s. 29.005, the office of the state
877	attorney shall pay for any expert retained by the office and.
878	Notwithstanding subparagraph 1., the office of the state
879	attorney shall pay for any expert whom the office retains and
880	whom the office moves the court to appoint in order to ensure
881	that the expert has access to the defendant.
882	(c)4.  An expert retained by the defendant who is
883	represented by private counsel appointed under s. 27.5303 shall
884	be paid by the Justice Administrative Commission.
885	(d)5.  An expert retained by a defendant who is indigent
886	for costs as determined by the court and who is represented by
887	private counsel, other than private counsel appointed under s.
888	27.5303, on a fee or pro bono basis, or who is representing
889	himself or herself, shall be paid by the Justice Administrative
890	Commission from funds specifically appropriated for these
891	expenses.
892	(e)(b)  State employees shall be reimbursed for paid
893	expenses pursuant to s. 112.061.
894	(f)(c)  The fees shall be taxed as costs in the case.
895	(g)(d)  In order for an expert to be paid for the services
896	rendered, the expert's report and testimony must explicitly
897	address each of the factors and follow the procedures set out in
898	this chapter and in the Florida Rules of Criminal Procedure.
899	Section 11.  Subsections (1), (2), and (3) of section
900	916.12, Florida Statutes, are amended to read:
901	916.12  Mental competence to proceed.--
902	(1)  A defendant is incompetent to proceed within the
903	meaning of this chapter if the defendant does not have
904	sufficient present ability to consult with her or his lawyer
905	with a reasonable degree of rational understanding or if the
906	defendant has no rational, as well as factual, understanding of
907	the proceedings against her or him.
908	(2)  Mental health experts appointed pursuant to s. 916.115
909	An expert shall first determine whether the defendant has a
910	mental illness person is mentally ill and, if so, consider the
911	factors related to the issue of whether the defendant meets the
912	criteria for competence to proceed as described in subsection
913	(1); that is, whether the defendant has sufficient present
914	ability to consult with counsel with a reasonable degree of
915	rational understanding and whether the defendant has a rational,
916	as well as factual, understanding of the pending proceedings. A
917	defendant must be evaluated by no fewer than two experts before
918	the court commits the defendant or takes other action authorized
919	by this chapter or the Florida Rules of Criminal Procedure,
920	except if one expert finds that the defendant is incompetent to
921	proceed and the parties stipulate to that finding, the court may
922	commit the defendant or take other action authorized by this
923	chapter or the rules without further evaluation or hearing, or
924	the court may appoint no more than two additional experts to
925	evaluate the defendant. Notwithstanding any stipulation by the
926	state and the defendant, the court may require a hearing with
927	testimony from the expert or experts before ordering the
928	commitment of a defendant.
929	(3)  In considering the issue of competence to proceed, an
930	examining expert shall first consider and specifically include
931	in his or her report the defendant's capacity to:
932	(a)  Appreciate the charges or allegations against the
933	defendant.;
934	(b)  Appreciate the range and nature of possible penalties,
935	if applicable, that may be imposed in the proceedings against
936	the defendant.;
937	(c)  Understand the adversarial nature of the legal
938	process.;
939	(d)  Disclose to counsel facts pertinent to the proceedings
940	at issue.;
941	(e)  Manifest appropriate courtroom behavior.; and
942	(f)  Testify relevantly.;
943	(g)  and include in his or her report Any other factor
944	deemed relevant by the expert.
945	Section 12.  Section 916.13, Florida Statutes, is amended
946	to read:
947	916.13  Involuntary commitment of defendant adjudicated
948	incompetent.--
949	(1)  Every defendant who is charged with a felony and who
950	is adjudicated incompetent to proceed, pursuant to the
951	applicable Florida Rules of Criminal Procedure, may be
952	involuntarily committed for treatment upon a finding by the
953	court of clear and convincing evidence that:
954	(a)  The defendant has a mental illness is mentally ill and
955	because of the mental illness:
956	1.  The defendant is manifestly incapable of surviving
957	alone or with the help of willing and responsible family or
958	friends, including available alternative services, and, without
959	treatment, the defendant is likely to suffer from neglect or
960	refuse to care for herself or himself and such neglect or
961	refusal poses a real and present threat of substantial harm to
962	the defendant's well-being; or and
963	2.  There is a substantial likelihood that in the near
964	future the defendant will inflict serious bodily harm on herself
965	or himself or another person, as evidenced by recent behavior
966	causing, attempting, or threatening such harm;
967	(b)  All available, less restrictive treatment
968	alternatives, including treatment in community residential
969	facilities or community inpatient or outpatient settings, which
970	would offer an opportunity for improvement of the defendant's
971	condition have been judged to be inappropriate; and
972	(c)  There is a substantial probability that the mental
973	illness causing the defendant's incompetence will respond to
974	treatment and the defendant will regain competency to proceed in
975	the reasonably foreseeable future.
976	(2)  A defendant who has been charged with a felony and who
977	has been adjudicated incompetent to proceed due to mental
978	illness, and who meets the criteria for involuntary commitment
979	to the department under the provisions of this chapter, may be
980	committed to the department, and the department shall retain and
981	treat the defendant. No later than 6 months after the date of
982	admission and or at the end of any period of extended
983	commitment, or at any time the administrator or designee shall
984	have determined that the defendant has regained competency to
985	proceed or no longer meets the criteria for continued
986	commitment, the administrator or designee shall file a report
987	with the court pursuant to the applicable Florida Rules of
988	Criminal Procedure.
989	Section 13.  Section 916.145, Florida Statutes, is amended
990	to read:
991	916.145  Adjudication of incompetency due to mental
992	illness; Dismissal of charges.--The charges against any
993	defendant adjudicated incompetent to proceed due to the
994	defendant's mental illness shall be dismissed without prejudice
995	to the state if the defendant remains incompetent to proceed 5
996	years after such determination, unless the court in its order
997	specifies its reasons for believing that the defendant will
998	become competent to proceed within the foreseeable future and
999	specifies the time within which the defendant is expected to
1000	become competent to proceed. The charges against the defendant
1001	are dismissed without prejudice to the state to refile the
1002	charges should the defendant be declared competent to proceed in
1003	the future.
1004	Section 14.  Section 916.15, Florida Statutes, is amended
1005	to read:
1006	916.15  Involuntary commitment of defendant adjudicated not
1007	guilty by reason of insanity.--
1008	(1)  The determination of whether a defendant is not guilty
1009	by reason of insanity shall be determined in accordance with
1010	Rule 3.217, Florida Rules of Criminal Procedure.
1011	(2)(1)  A defendant who is acquitted of criminal charges
1012	because of a finding of not guilty by reason of insanity may be
1013	involuntarily committed pursuant to such finding if the
1014	defendant has a mental illness is mentally ill and, because of
1015	the illness, is manifestly dangerous to himself or herself or
1016	others.
1017	(3)(2)  Every defendant acquitted of criminal charges by
1018	reason of insanity and found to meet the criteria for
1019	involuntary commitment may be committed and treated in
1020	accordance with the provisions of this section and the
1021	applicable Florida Rules of Criminal Procedure. The department
1022	shall admit a defendant so adjudicated to an appropriate
1023	facility or program for treatment and shall retain and treat
1024	such defendant. No later than 6 months after the date of
1025	admission, prior to the end of any period of extended
1026	commitment, or at any time the administrator or designee shall
1027	have determined that the defendant no longer meets the criteria
1028	for continued commitment placement, the administrator or
1029	designee shall file a report with the court pursuant to the
1030	applicable Florida Rules of Criminal Procedure.
1031	(4)(3)  In all proceedings under this section subsection,
1032	both the defendant and the state shall have the right to a
1033	hearing before the committing court. Evidence at such hearing
1034	may be presented by the hospital administrator or the
1035	administrator's designee as well as by the state and the
1036	defendant. The defendant shall have the right to counsel at any
1037	such hearing. In the event that a defendant is determined to be
1038	indigent pursuant to s. 27.52, the public defender shall
1039	represent the defendant. The parties shall have access to the
1040	defendant's records at the treating facilities and may interview
1041	or depose personnel who have had contact with the defendant at
1042	the treating facilities.
1043	Section 15.  Section 916.16, Florida Statutes, is amended
1044	to read:
1045	916.16  Jurisdiction of committing court.--
1046	(1)  The committing court shall retain jurisdiction over in
1047	the case of any defendant involuntarily committed due to a
1048	determination of incompetency hospitalized as incompetent to
1049	proceed due to mental illness or because of a finding of not
1050	guilty by reason of insanity pursuant to this chapter. The No
1051	such defendant may not be released except by order of the
1052	committing court. An The administrative hearing examiner does
1053	not shall have no jurisdiction to determine issues of continuing
1054	commitment hospitalization or release of any defendant
1055	involuntarily committed admitted pursuant to this chapter.
1056	(2)  The committing court shall retain jurisdiction in the
1057	case of any defendant placed on conditional release pursuant to
1058	s. 916.17. No Such defendant may not be released from the
1059	conditions of release except by order of the committing court.
1060	Section 16.  Section 916.17, Florida Statutes, is amended
1061	to read:
1062	916.17  Conditional release.--
1063	(1)  Except for an inmate currently serving a prison
1064	sentence, The committing court may order a conditional release
1065	of any defendant who has been found to be incompetent to proceed
1066	or not guilty by reason of insanity, based on an approved plan
1067	for providing appropriate outpatient care and treatment. the
1068	committing court may order a conditional release of any
1069	defendant in lieu of an involuntary commitment to a facility
1070	pursuant to s. 916.13 or s. 916.15 based upon an approved plan
1071	for providing appropriate outpatient care and treatment. Upon a
1072	recommendation that outpatient treatment of the defendant is
1073	appropriate, a written plan for outpatient treatment, including
1074	recommendations from qualified professionals, must be filed with
1075	the court, with copies to all parties. Such a plan may also be
1076	submitted by the defendant and filed with the court with copies
1077	to all parties. The plan shall include:
1078	(a)  Special provisions for residential care or adequate
1079	supervision of the defendant.
1080	(b)  Provisions for outpatient mental health services.
1081	(c)  If appropriate, recommendations for auxiliary services
1082	such as vocational training, educational services, or special
1083	medical care.
1084
1085	In its order of conditional release, the court shall specify the
1086	conditions of release based upon the release plan and shall
1087	direct the appropriate agencies or persons to submit periodic
1088	reports to the court regarding the defendant's compliance with
1089	the conditions of the release and progress in treatment, with
1090	copies to all parties.
1091	(2)  Upon the filing of an affidavit or statement under
1092	oath by any person that the defendant has failed to comply with
1093	the conditions of release, that the defendant's condition has
1094	deteriorated to the point that inpatient care is required, or
1095	that the release conditions should be modified, the court shall
1096	hold a hearing within 7 days after receipt of the affidavit or
1097	statement under oath. After the hearing, the court may modify
1098	the release conditions. The court may also order that the
1099	defendant be returned to the department if it is found, after
1100	the appointment and report of experts, that the person meets the
1101	criteria for involuntary commitment under s. 916.13 or s. 916.15
1102	treatment.
1103	(3)  If at any time it is determined after a hearing that
1104	the defendant who has been conditionally released under
1105	subsection (1) no longer requires court-supervised followup
1106	care, the court shall terminate its jurisdiction in the cause
1107	and discharge the defendant.
1108	Section 17.  Section 916.301, Florida Statutes, is amended
1109	to read:
1110	916.301  Appointment of experts.--
1111	(1)  All evaluations ordered by the court under this part
1112	must be conducted by qualified experts who have expertise in
1113	evaluating persons with retardation or autism. The agency
1114	department shall maintain and provide the courts annually with a
1115	list of available retardation and autism professionals who are
1116	appropriately licensed and qualified to perform evaluations of
1117	defendants alleged to be incompetent to proceed due to
1118	retardation or autism. The courts may use professionals from
1119	this list when appointing experts and ordering evaluations under
1120	this part for defendants suspected of being retarded or
1121	autistic.
1122	(2)  If a defendant's suspected mental condition is
1123	retardation or autism, the court shall appoint the following:
1124	two experts, one of whom must be the developmental services
1125	program of the department, each of whom will evaluate whether
1126	the defendant meets the definition of retardation or autism and,
1127	if so, whether the defendant is competent to proceed.
1128	(a)(3)  At least one, or at the request of any party, two
1129	experts the court may appoint one additional expert to evaluate
1130	the defendant. The expert appointed by the court will evaluate
1131	whether the defendant meets the definition of retardation or
1132	autism and, if so, whether the defendant is competent to
1133	proceed.
1134	(b)(4)  The developmental services program shall select A
1135	psychologist selected by the agency who is licensed or
1136	authorized by law to practice in this state, with experience in
1137	evaluating persons suspected of having retardation or autism,
1138	and a social service professional, with experience in working
1139	with persons with retardation or autism to evaluate the
1140	defendant.
1141	1.(a)  The psychologist shall evaluate whether the
1142	defendant meets the definition of retardation or autism and, if
1143	so, whether the defendant is incompetent to proceed due to
1144	retardation or autism.
1145	2.(b)  The social service professional shall provide a
1146	social and developmental history of the defendant.
1147	(5)  All evaluations ordered by the court must be from
1148	qualified experts with experience in evaluating persons with
1149	retardation or autism.
1150	(3)(6)  The panel of experts may examine the defendant in
1151	jail, in another appropriate local facility, in a facility of
1152	the Department of Corrections, or on an outpatient basis.
1153	(4)(7)  Experts Expert witnesses appointed by the court to
1154	evaluate the mental condition of a defendant in a criminal case
1155	shall be allowed reasonable fees for services rendered as
1156	evaluators and as witnesses, which shall be paid by the court.
1157	State employees shall be paid expenses pursuant to s. 112.061.
1158	The fees shall be taxed as costs in the case. In order for the
1159	experts to be paid for the services rendered, the reports and
1160	testimony must explicitly address each of the factors and follow
1161	the procedures set out in this chapter and in the Florida Rules
1162	of Criminal Procedure.
1163	Section 18.  Subsections (1), (2), and (3) of section
1164	916.3012, Florida Statutes, are amended to read:
1165	916.3012  Mental competence to proceed.--
1166	(1)  A defendant whose suspected mental condition is
1167	retardation or autism is incompetent to proceed within the
1168	meaning of this chapter if the defendant does not have
1169	sufficient present ability to consult with the defendant's
1170	lawyer with a reasonable degree of rational understanding or if
1171	the defendant has no rational, as well as factual, understanding
1172	of the proceedings against the defendant.
1173	(2)  The Experts in retardation or autism appointed
1174	pursuant to s. 916.301 shall first consider whether the
1175	defendant meets the definition of retardation or autism and, if
1176	so, consider the factors related to the issue of whether the
1177	defendant meets the criteria for competence to proceed as
1178	described in subsection (1); that is, whether the defendant has
1179	sufficient present ability to consult with counsel with a
1180	reasonable degree of rational understanding and whether the
1181	defendant has a rational, as well as factual, understanding of
1182	the pending proceedings.
1183	(3)  In considering the issue of competence to proceed, the
1184	examining experts shall first consider and specifically include
1185	in their report the defendant's capacity to:
1186	(a)  Appreciate the charges or allegations against the
1187	defendant.;
1188	(b)  Appreciate the range and nature of possible penalties,
1189	if applicable, that may be imposed in the proceedings against
1190	the defendant.;
1191	(c)  Understand the adversarial nature of the legal
1192	process.;
1193	(d)  Disclose to counsel facts pertinent to the proceedings
1194	at issue.;
1195	(e)  Manifest appropriate courtroom behavior.; and
1196	(f)  Testify relevantly.;
1197	(g)  and include in their report Any other factor deemed
1198	relevant by the experts.
1199	Section 19.  Section 916.302, Florida Statutes, is amended
1200	to read:
1201	916.302  Involuntary commitment of defendant determined to
1202	be incompetent to proceed due to retardation or autism.--
1203	(1)  CRITERIA.--Every defendant who is charged with a
1204	felony and who is adjudicated found to be incompetent to proceed
1205	due to retardation or autism, pursuant to this chapter and the
1206	applicable Florida Rules of Criminal Procedure, may be
1207	involuntarily committed for training upon a finding by the court
1208	of clear and convincing evidence that:
1209	(a)  The defendant has retardation or autism is retarded or
1210	autistic;
1211	(b)  There is a substantial likelihood that in the near
1212	future the defendant will inflict serious bodily harm on himself
1213	or herself or another person, as evidenced by recent behavior
1214	causing, attempting, or threatening such harm;
1215	(c)  All available, less restrictive alternatives,
1216	including services provided in community residential facilities
1217	or other community settings, which would offer an opportunity
1218	for improvement of the condition have been judged to be
1219	inappropriate; and
1220	(d)  There is a substantial probability that the
1221	retardation or autism causing the defendant's incompetence will
1222	respond to training and the defendant will regain competency to
1223	proceed in the reasonably foreseeable future.
1224	(2)  ADMISSION TO A FACILITY.--
1225	(a)  A defendant who has been charged with a felony and who
1226	is found to be incompetent to proceed due to retardation or
1227	autism, and who meets the criteria for involuntary commitment to
1228	the agency department under the provisions of this chapter,
1229	shall be committed to the agency department, and the agency
1230	department shall retain and provide appropriate training for
1231	serve the defendant. No later than 6 months after the date of
1232	admission or at the end of any period of extended commitment or
1233	at any time the administrator or designee shall have determined
1234	that the defendant has regained competency to proceed or no
1235	longer meets the criteria for continued commitment, the
1236	administrator or designee shall file a report with the court
1237	pursuant to this chapter and the applicable Florida Rules of
1238	Criminal Procedure.
1239	(b)  A defendant determined to be incompetent to proceed
1240	due to retardation or autism may be ordered by a circuit court
1241	into a forensic secure facility designated by the agency
1242	department for retarded or autistic defendants who have mental
1243	retardation or autism.
1244	(c)  The agency department may transfer a defendant from a
1245	designated forensic secure facility to another designated
1246	forensic secure facility and must notify the court of the
1247	transfer within 30 days after the transfer is completed.
1248	(d)  The agency department may not transfer a defendant
1249	from a designated forensic secure facility to a civil nonsecure
1250	facility without first notifying the court, and all parties, 30
1251	days before the proposed transfer. If the court objects to the
1252	proposed transfer to a nonsecure facility, it must send its
1253	written objection to the agency department. The agency
1254	department may transfer the defendant unless it receives the
1255	written objection from the court within 30 days after the
1256	court's receipt of the notice of the proposed transfer.
1257	(3)  PLACEMENT OF DUALLY DIAGNOSED DEFENDANTS.--
1258	(a)  If a defendant has is both mental retardation or
1259	autism retarded or autistic and has a mental illness mentally
1260	ill, evaluations must address which condition is primarily
1261	affecting the defendant's competency to proceed. Referral of the
1262	defendant should be made to a civil or forensic the facility or
1263	program most appropriate to address the symptoms that which are
1264	the cause of the defendant's incompetence.
1265	(b)  Transfer from one civil or forensic facility or
1266	program to another civil or forensic facility or program may
1267	occur when, in the department's and agency's judgment, it is in
1268	the defendant's best treatment or training interests. The
1269	department and agency shall submit an evaluation and
1270	justification for the transfer to the court. The court may
1271	consult with an outside expert if necessary. Transfer will
1272	require an amended order from the committing court.
1273	Section 20.  Section 916.3025, Florida Statutes, is amended
1274	to read:
1275	916.3025  Jurisdiction of committing court.--
1276	(1)  The committing court shall retain jurisdiction in the
1277	case of any defendant found to be incompetent to proceed due to
1278	retardation or autism and ordered into a forensic secure
1279	facility designated by the agency department for retarded or
1280	autistic defendants who have mental retardation or autism. A No
1281	defendant may not be released except by the order of the
1282	committing court. An administrative hearing examiner does not
1283	have jurisdiction to determine issues of continuing commitment
1284	or release of any defendant involuntarily committed pursuant to
1285	this chapter.
1286	(2)  The committing court shall retain jurisdiction in the
1287	case of any defendant placed on conditional release pursuant to
1288	s. 916.304. No Such defendant may not be released from the
1289	conditions of release except by order of the committing court.
1290	(3)  The committing court shall consider a the petition to
1291	involuntarily admit a defendant whose charges have been
1292	dismissed to residential services provided by the agency
1293	department's developmental services program a person whose
1294	charges have been dismissed, and, when applicable, to continue
1295	secure placement of such person as provided in s. 916.303. The
1296	committing court shall retain jurisdiction over such person so
1297	long as he or she remains in secure placement or is on
1298	conditional release as provided in s. 916.304. However, upon
1299	request, the court may transfer continuing jurisdiction to the
1300	court in the circuit where the defendant resides. The defendant
1301	may not be released from an order for secure placement except by
1302	order of the court.
1303	Section 21.  Section 916.303, Florida Statutes, is amended
1304	to read:
1305	916.303  Determination of incompetency due to retardation
1306	or autism; dismissal of charges.--
1307	(1)  The charges against any defendant found to be
1308	incompetent to proceed due to retardation or autism shall be
1309	dismissed without prejudice to the state if the defendant
1310	remains incompetent to proceed within a reasonable time after
1311	such determination, not to exceed 2 years, unless the court in
1312	its order specifies its reasons for believing that the defendant
1313	will become competent to proceed within the foreseeable future
1314	and specifies the time within which the defendant is expected to
1315	become competent to proceed. The charges may be refiled by the
1316	state if against the defendant are dismissed without prejudice
1317	to the state to refile the charges should the defendant is be
1318	declared competent to proceed in the future.
1319	(2)(a)  If the charges are dismissed and if the defendant
1320	is considered to lack sufficient capacity to give express and
1321	informed consent to a voluntary application for services and
1322	lacks the basic survival and self-care skills to provide for his
1323	or her well-being or is likely to physically injure himself or
1324	herself or others if allowed to remain at liberty, the agency
1325	department, the state attorney, or the defendant's attorney
1326	shall may apply to the committing court to involuntarily admit
1327	the defendant to residential services pursuant to s. 393.11.
1328	(3)(b)  If the defendant is considered to need involuntary
1329	residential services for reasons described in subsection (2)
1330	under s. 393.11 and, further, there is a substantial likelihood
1331	that the defendant will injure another person or continues to
1332	present a danger of escape, and all available less restrictive
1333	alternatives, including services in community residential
1334	facilities or other community settings, which would offer an
1335	opportunity for improvement of the condition have been judged to
1336	be inappropriate, then the agency person or entity filing the
1337	petition under s. 393.11, the state attorney, or the defendant's
1338	counsel may request, the petitioning commission, or the
1339	department may also petition the committing court to continue
1340	the defendant's placement in a secure facility or program
1341	pursuant to this part section. Any placement so continued under
1342	this subsection must be defendant involuntarily admitted under
1343	this paragraph shall have his or her status reviewed by the
1344	court at least annually at a hearing. The annual review and
1345	hearing shall determine whether the defendant continues to meet
1346	the criteria described in this subsection for involuntary
1347	residential services and, if so, whether the defendant still
1348	requires involuntary placement in a secure facility or program
1349	because the court finds that the defendant is likely to
1350	physically injure others as specified in s. 393.11 and whether
1351	the defendant is receiving adequate care, treatment,
1352	habilitation, and rehabilitation, including psychotropic
1353	medication and behavioral programming. Notice of the annual
1354	review and review hearing shall be given to the state attorney
1355	and to the defendant's attorney. In no instance may a
1356	defendant's placement in a secure facility or program exceed the
1357	maximum sentence for the crime for which the defendant was
1358	charged.
1359	Section 22.  Section 916.304, Florida Statutes, is amended
1360	to read:
1361	916.304  Conditional release.--
1362	(1)  Except for an inmate currently serving a prison
1363	sentence, the committing court may order a conditional release
1364	of any defendant who has been found to be incompetent to proceed
1365	due to retardation or autism, based on an approved plan for
1366	providing continuing community-based training. The committing
1367	criminal court may order a conditional release of any defendant
1368	to a civil facility in lieu of an involuntary commitment to a
1369	forensic facility pursuant to s. 916.302. Upon a recommendation
1370	that community-based training for the defendant is appropriate,
1371	a written plan for community-based training, including
1372	recommendations from qualified professionals, may be filed with
1373	the court, with copies to all parties. Such a plan may also be
1374	submitted by the defendant and filed with the court, with copies
1375	to all parties. The plan must shall include:
1376	(a)  Special provisions for residential care and adequate
1377	supervision of the defendant, including recommended location of
1378	placement.
1379	(b)  Recommendations for auxiliary services such as
1380	vocational training, psychological training, educational
1381	services, leisure services, and special medical care.
1382
1383	In its order of conditional release, the court shall specify the
1384	conditions of release based upon the release plan and shall
1385	direct the appropriate agencies or persons to submit periodic
1386	reports to the courts regarding the defendant's compliance with
1387	the conditions of the release and progress in training, with
1388	copies to all parties.
1389	(2)  Upon the filing of an affidavit or statement under
1390	oath by any person that the defendant has failed to comply with
1391	the conditions of release, that the defendant's condition has
1392	deteriorated, or that the release conditions should be modified,
1393	the court shall hold a hearing within 7 days after receipt of
1394	the affidavit or statement under oath. With notice to the court
1395	and all parties, the agency may detain a defendant in a forensic
1396	facility until the hearing occurs. After the hearing, the court
1397	may modify the release conditions. The court may also order that
1398	the defendant be placed into more appropriate programs for
1399	further training or may order the defendant to be committed
1400	returned to a forensic facility involuntary residential services
1401	of the department if it is found, after the appointment and
1402	report of experts, that the defendant meets the criteria for
1403	placement in a forensic facility involuntary residential
1404	services.
1405	(3)  If at any time it is determined after a hearing that
1406	the defendant conditionally released under subsection (1) no
1407	longer requires court-supervised followup care, the court shall
1408	terminate its jurisdiction in the cause and discharge the
1409	defendant.
1410	Section 23.  Subsection (1) of section 921.137, Florida
1411	Statutes, is amended to read:
1412	921.137  Imposition of the death sentence upon a mentally
1413	retarded defendant with mental retardation prohibited.--
1414	(1)  As used in this section, the term "mental retardation"
1415	means significantly subaverage general intellectual functioning
1416	existing concurrently with deficits in adaptive behavior and
1417	manifested during the period from conception to age 18. The term
1418	"significantly subaverage general intellectual functioning," for
1419	the purpose of this section, means performance that is two or
1420	more standard deviations from the mean score on a standardized
1421	intelligence test specified in the rules of the Agency for
1422	Persons with Disabilities Department of Children and Family
1423	Services. The term "adaptive behavior," for the purpose of this
1424	definition, means the effectiveness or degree with which an
1425	individual meets the standards of personal independence and
1426	social responsibility expected of his or her age, cultural
1427	group, and community. The Agency for Persons with Disabilities
1428	Department of Children and Family Services shall adopt rules to
1429	specify the standardized intelligence tests as provided in this
1430	subsection.
1431	Section 24.  Paragraphs (d), (e), (g), and (h) of
1432	subsection (1), subsections (2), (3), and (4), paragraph (b) of
1433	subsection (5), and paragraph (a) of subsection (6) of section
1434	985.223, Florida Statutes, are amended to read:
1435	985.223  Incompetency in juvenile delinquency cases.--
1436	(1)  If, at any time prior to or during a delinquency case,
1437	the court has reason to believe that the child named in the
1438	petition may be incompetent to proceed with the hearing, the
1439	court on its own motion may, or on the motion of the child's
1440	attorney or state attorney must, stay all proceedings and order
1441	an evaluation of the child's mental condition.
1442	(d)  For incompetency evaluations related to mental
1443	illness, the Department of Children and Family Services shall
1444	maintain and annually provide the courts with a list of
1445	available mental health professionals who have completed a
1446	training program approved by the Department of Children and
1447	Family Services to perform the evaluations.
1448	(e)  For incompetency evaluations related to mental
1449	retardation or autism, the court shall order the Agency for
1450	Persons with Disabilities Developmental Disabilities Program
1451	Office within the Department of Children and Family Services to
1452	examine the child to determine if the child meets the definition
1453	of "retardation" or "autism" in s. 393.063 and, if so, whether
1454	the child is competent to proceed with delinquency proceedings.
1455	(g)  Immediately upon the filing of the court order finding
1456	a child incompetent to proceed, the clerk of the court shall
1457	notify the Department of Children and Family Services and the
1458	Agency for Persons with Disabilities and fax or hand deliver to
1459	the department and to the agency of Children and Family Services
1460	a referral packet that which includes, at a minimum, the court
1461	order, the charging documents, the petition, and the court-
1462	appointed evaluator's reports.
1463	(h)  After placement of the child in the appropriate
1464	setting, the Department of Children and Family Services in
1465	consultation with the Agency for Persons with Disabilities, as
1466	appropriate, must, within 30 days after placement of the
1467	Department of Children and Family Services places the child,
1468	prepare and submit to the court a treatment or training plan for
1469	the child's restoration of competency. A copy of the treatment
1470	plan must be served upon the child's attorney, the state
1471	attorney, and the attorneys representing the Department of
1472	Juvenile Justice.
1473	(2)  A child who is mentally ill or retarded, who is
1474	adjudicated incompetent to proceed, and who has committed a
1475	delinquent act or violation of law, either of which would be a
1476	felony if committed by an adult, must be committed to the
1477	Department of Children and Family Services for treatment or
1478	training. A child who has been adjudicated incompetent to
1479	proceed because of age or immaturity, or for any reason other
1480	than for mental illness or retardation or autism, must not be
1481	committed to the department or to the Department of Children and
1482	Family Services for restoration-of-competency treatment or
1483	training services. For purposes of this section, a child who has
1484	committed a delinquent act or violation of law, either of which
1485	would be a misdemeanor if committed by an adult, may not be
1486	committed to the department or to the Department of Children and
1487	Family Services for restoration-of-competency treatment or
1488	training services.
1489	(3)  If the court finds that a child has mental illness,
1490	mental retardation, or autism is mentally ill or retarded and
1491	adjudicates the child incompetent to proceed, the court must
1492	also determine whether the child meets the criteria for secure
1493	placement. A child may be placed in a secure facility or program
1494	if the court makes a finding by clear and convincing evidence
1495	that:
1496	(a)  The child has mental illness, mental retardation, or
1497	autism is mentally ill and because of the mental illness, mental
1498	retardation, or autism; or the child is mentally retarded and
1499	because of the mental retardation:
1500	1.  The child is manifestly incapable of surviving with the
1501	help of willing and responsible family or friends, including
1502	available alternative services, and without treatment or
1503	training the child is likely to either suffer from neglect or
1504	refuse to care for self, and such neglect or refusal poses a
1505	real and present threat of substantial harm to the child's well-
1506	being; or
1507	2.  There is a substantial likelihood that in the near
1508	future the child will inflict serious bodily harm on self or
1509	others, as evidenced by recent behavior causing, attempting, or
1510	threatening such harm; and
1511	(b)  All available less restrictive alternatives, including
1512	treatment or training in community residential facilities or
1513	community settings which would offer an opportunity for
1514	improvement of the child's condition, are inappropriate.
1515	(4)  A child who is determined to have mental retardation
1516	or autism be mentally ill or retarded, who has been adjudicated
1517	incompetent to proceed, and who meets the criteria set forth in
1518	subsection (3), must be committed to the Department of Children
1519	and Family Services, and receive treatment or training the
1520	Department of Children and Family Services must treat or train
1521	the child in a secure facility or program that which is the
1522	least restrictive alternative consistent with public safety. Any
1523	placement of a child to a secure residential program must be
1524	separate from adult forensic programs. If the child attains
1525	competency, then custody, case management, and supervision of
1526	the child will be transferred to the department in order to
1527	continue delinquency proceedings; however, the court retains
1528	authority to order the Department of Children and Family
1529	Services to provide continued treatment or training to maintain
1530	competency.
1531	(a)  A child adjudicated incompetent due to mental
1532	retardation or autism may be ordered into a secure program or
1533	facility designated by the Department of Children and Family
1534	Services for retarded children with mental retardation or
1535	autism.
1536	(b)  A child adjudicated incompetent due to mental illness
1537	may be ordered into a secure program or facility designated by
1538	the Department of Children and Family Services for mentally ill
1539	children have mental illnesses.
1540	(c)  Whenever a child is placed in a secure residential
1541	facility, the department will provide transportation to the
1542	secure residential facility for admission and from the secure
1543	residential facility upon discharge.
1544	(d)  The purpose of the treatment or training is the
1545	restoration of the child's competency to proceed.
1546	(e)  The service provider must file a written report with
1547	the court pursuant to the applicable Florida Rules of Juvenile
1548	Procedure not later than 6 months after the date of commitment,
1549	or at the end of any period of extended treatment or training,
1550	and at any time the Department of Children and Family Services,
1551	through its service provider determines the child has attained
1552	competency or no longer meets the criteria for secure placement,
1553	or at such shorter intervals as ordered by the court. A copy of
1554	a written report evaluating the child's competency must be filed
1555	by the provider with the court and with the state attorney, the
1556	child's attorney, the department, and the Department of Children
1557	and Family Services.
1558	(5)
1559	(b)  Whenever the provider files a report with the court
1560	informing the court that the child will never become competent
1561	to proceed, the Department of Children and Family Services will
1562	develop a discharge plan for the child prior to any hearing
1563	determining whether the child will ever become competent to
1564	proceed and send the. The Department of Children and Family
1565	Services must send the proposed discharge plan to the court, the
1566	state attorney, the child's attorney, and the attorneys
1567	representing the Department of Juvenile Justice. The provider
1568	will continue to provide services to the child until the court
1569	issues the order finding the child will never become competent
1570	to proceed.
1571	(6)(a)  If a child is determined to have mental illness,
1572	mental retardation, or autism be mentally ill or retarded and is
1573	found to be incompetent to proceed but does not meet the
1574	criteria set forth in subsection (3), the court shall commit the
1575	child to the Department of Children and Family Services and
1576	shall order the Department of Children and Family Services to
1577	provide appropriate treatment and training in the community. The
1578	purpose of the treatment or training is the restoration of the
1579	child's competency to proceed.
1580	Section 25.  Paragraph (b) of subsection (14) of section
1581	287.057, Florida Statutes, is amended to read:
1582	287.057  Procurement of commodities or contractual
1583	services.--
1584	(14)
1585	(b)  Notwithstanding paragraph (a), the Department of
1586	Children and Family Services may enter into agreements, not to
1587	exceed 20 years, with a private provider to finance, design, and
1588	construct a forensic treatment facility, as defined in s.
1589	916.106(10)(8), of at least 200 beds and to operate all aspects
1590	of daily operations within the forensic treatment facility. The
1591	selected contractor is authorized to sponsor the issuance of
1592	tax-exempt certificates of participation or other securities to
1593	finance the project, and the state is authorized to enter into a
1594	lease-purchase agreement for the forensic treatment facility.
1595	This paragraph expires July 1, 2006.
1596	Section 26.  Paragraph (r) of subsection (3) of section
1597	408.036, Florida Statutes, is amended to read:
1598	408.036  Projects subject to review; exemptions.--
1599	(3)  EXEMPTIONS.--Upon request, the following projects are
1600	subject to exemption from the provisions of subsection (1):
1601	(r)  For beds in state mental health treatment facilities
1602	defined in s. 394.455 operated under s. 394.455(30) and state
1603	mental health forensic facilities operated under chapter 916 s.
1604	916.106(8).
1605	Section 27.  Paragraph (a) of subsection (4) of section
1606	943.0585, Florida Statutes, is amended to read:
1607	943.0585  Court-ordered expunction of criminal history
1608	records.--The courts of this state have jurisdiction over their
1609	own procedures, including the maintenance, expunction, and
1610	correction of judicial records containing criminal history
1611	information to the extent such procedures are not inconsistent
1612	with the conditions, responsibilities, and duties established by
1613	this section. Any court of competent jurisdiction may order a
1614	criminal justice agency to expunge the criminal history record
1615	of a minor or an adult who complies with the requirements of
1616	this section. The court shall not order a criminal justice
1617	agency to expunge a criminal history record until the person
1618	seeking to expunge a criminal history record has applied for and
1619	received a certificate of eligibility for expunction pursuant to
1620	subsection (2). A criminal history record that relates to a
1621	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1622	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
1623	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
1624	s. 916.1075, or a violation enumerated in s. 907.041 may not be
1625	expunged, without regard to whether adjudication was withheld,
1626	if the defendant was found guilty of or pled guilty or nolo
1627	contendere to the offense, or if the defendant, as a minor, was
1628	found to have committed, or pled guilty or nolo contendere to
1629	committing, the offense as a delinquent act. The court may only
1630	order expunction of a criminal history record pertaining to one
1631	arrest or one incident of alleged criminal activity, except as
1632	provided in this section. The court may, at its sole discretion,
1633	order the expunction of a criminal history record pertaining to
1634	more than one arrest if the additional arrests directly relate
1635	to the original arrest. If the court intends to order the
1636	expunction of records pertaining to such additional arrests,
1637	such intent must be specified in the order. A criminal justice
1638	agency may not expunge any record pertaining to such additional
1639	arrests if the order to expunge does not articulate the
1640	intention of the court to expunge a record pertaining to more
1641	than one arrest. This section does not prevent the court from
1642	ordering the expunction of only a portion of a criminal history
1643	record pertaining to one arrest or one incident of alleged
1644	criminal activity. Notwithstanding any law to the contrary, a
1645	criminal justice agency may comply with laws, court orders, and
1646	official requests of other jurisdictions relating to expunction,
1647	correction, or confidential handling of criminal history records
1648	or information derived therefrom. This section does not confer
1649	any right to the expunction of any criminal history record, and
1650	any request for expunction of a criminal history record may be
1651	denied at the sole discretion of the court.
1652	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1653	criminal history record of a minor or an adult which is ordered
1654	expunged by a court of competent jurisdiction pursuant to this
1655	section must be physically destroyed or obliterated by any
1656	criminal justice agency having custody of such record; except
1657	that any criminal history record in the custody of the
1658	department must be retained in all cases. A criminal history
1659	record ordered expunged that is retained by the department is
1660	confidential and exempt from the provisions of s. 119.07(1) and
1661	s. 24(a), Art. I of the State Constitution and not available to
1662	any person or entity except upon order of a court of competent
1663	jurisdiction. A criminal justice agency may retain a notation
1664	indicating compliance with an order to expunge.
1665	(a)  The person who is the subject of a criminal history
1666	record that is expunged under this section or under other
1667	provisions of law, including former s. 893.14, former s. 901.33,
1668	and former s. 943.058, may lawfully deny or fail to acknowledge
1669	the arrests covered by the expunged record, except when the
1670	subject of the record:
1671	1.  Is a candidate for employment with a criminal justice
1672	agency;
1673	2.  Is a defendant in a criminal prosecution;
1674	3.  Concurrently or subsequently petitions for relief under
1675	this section or s. 943.059;
1676	4.  Is a candidate for admission to The Florida Bar;
1677	5.  Is seeking to be employed or licensed by or to contract
1678	with the Department of Children and Family Services or the
1679	Department of Juvenile Justice or to be employed or used by such
1680	contractor or licensee in a sensitive position having direct
1681	contact with children, the developmentally disabled, the aged,
1682	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1683	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1684	409.175(2)(i), s. 415.102(4), chapter 916 s. 916.106(10) and
1685	(13), s. 985.407, or chapter 400; or
1686	6.  Is seeking to be employed or licensed by the Department
1687	of Education, any district school board, any university
1688	laboratory school, any charter school, any private or parochial
1689	school, or any local governmental entity that licenses child
1690	care facilities.
1691	Section 28.  Paragraph (a) of subsection (4) of section
1692	943.059, Florida Statutes, is amended to read:
1693	943.059  Court-ordered sealing of criminal history
1694	records.--The courts of this state shall continue to have
1695	jurisdiction over their own procedures, including the
1696	maintenance, sealing, and correction of judicial records
1697	containing criminal history information to the extent such
1698	procedures are not inconsistent with the conditions,
1699	responsibilities, and duties established by this section. Any
1700	court of competent jurisdiction may order a criminal justice
1701	agency to seal the criminal history record of a minor or an
1702	adult who complies with the requirements of this section. The
1703	court shall not order a criminal justice agency to seal a
1704	criminal history record until the person seeking to seal a
1705	criminal history record has applied for and received a
1706	certificate of eligibility for sealing pursuant to subsection
1707	(2). A criminal history record that relates to a violation of s.
1708	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1709	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
1710	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
1711	a violation enumerated in s. 907.041 may not be sealed, without
1712	regard to whether adjudication was withheld, if the defendant
1713	was found guilty of or pled guilty or nolo contendere to the
1714	offense, or if the defendant, as a minor, was found to have
1715	committed or pled guilty or nolo contendere to committing the
1716	offense as a delinquent act. The court may only order sealing of
1717	a criminal history record pertaining to one arrest or one
1718	incident of alleged criminal activity, except as provided in
1719	this section. The court may, at its sole discretion, order the
1720	sealing of a criminal history record pertaining to more than one
1721	arrest if the additional arrests directly relate to the original
1722	arrest. If the court intends to order the sealing of records
1723	pertaining to such additional arrests, such intent must be
1724	specified in the order. A criminal justice agency may not seal
1725	any record pertaining to such additional arrests if the order to
1726	seal does not articulate the intention of the court to seal
1727	records pertaining to more than one arrest. This section does
1728	not prevent the court from ordering the sealing of only a
1729	portion of a criminal history record pertaining to one arrest or
1730	one incident of alleged criminal activity. Notwithstanding any
1731	law to the contrary, a criminal justice agency may comply with
1732	laws, court orders, and official requests of other jurisdictions
1733	relating to sealing, correction, or confidential handling of
1734	criminal history records or information derived therefrom. This
1735	section does not confer any right to the sealing of any criminal
1736	history record, and any request for sealing a criminal history
1737	record may be denied at the sole discretion of the court.
1738	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1739	history record of a minor or an adult which is ordered sealed by
1740	a court of competent jurisdiction pursuant to this section is
1741	confidential and exempt from the provisions of s. 119.07(1) and
1742	s. 24(a), Art. I of the State Constitution and is available only
1743	to the person who is the subject of the record, to the subject's
1744	attorney, to criminal justice agencies for their respective
1745	criminal justice purposes, or to those entities set forth in
1746	subparagraphs (a)1., 4., 5., and 6. for their respective
1747	licensing and employment purposes.
1748	(a)  The subject of a criminal history record sealed under
1749	this section or under other provisions of law, including former
1750	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1751	deny or fail to acknowledge the arrests covered by the sealed
1752	record, except when the subject of the record:
1753	1.  Is a candidate for employment with a criminal justice
1754	agency;
1755	2.  Is a defendant in a criminal prosecution;
1756	3.  Concurrently or subsequently petitions for relief under
1757	this section or s. 943.0585;
1758	4.  Is a candidate for admission to The Florida Bar;
1759	5.  Is seeking to be employed or licensed by or to contract
1760	with the Department of Children and Family Services or the
1761	Department of Juvenile Justice or to be employed or used by such
1762	contractor or licensee in a sensitive position having direct
1763	contact with children, the developmentally disabled, the aged,
1764	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1765	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1766	409.175(2)(i), s. 415.102(4), s. 415.103, chapter 916 s.
1767	916.106(10) and (13), s. 985.407, or chapter 400; or
1768	6.  Is seeking to be employed or licensed by the Department
1769	of Education, any district school board, any university
1770	laboratory school, any charter school, any private or parochial
1771	school, or any local governmental entity that licenses child
1772	care facilities.
1773	Section 29.  This act shall take effect upon becoming a
1774	law.

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