HB 7199

CS

CHAMBER ACTION

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

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