Senate Bill sb1196

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    Florida Senate - 2007                                  SB 1196

    By Senator Ring





    32-535-07

  1                      A bill to be entitled

  2         An act relating to developmentally disabled and

  3         mentally ill defendants; amending ss. 916.145

  4         and 916.303, F.S.; requiring that certain

  5         developmentally disabled and mentally ill

  6         defendants who do not meet the criteria for

  7         involuntary residential commitment be placed on

  8         electronic monitoring while residing in the

  9         community; requiring the Department of Children

10         and Family Services and the Agency for Persons

11         with Disabilities to monitor such mentally ill

12         and developmentally disabled defendants

13         respectively; requiring the department and the

14         agency to prepare reports concerning the

15         defendants' incompetency to proceed and to

16         deliver a copy of the report to the appropriate

17         state attorney; providing an effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Section 916.145, Florida Statutes, is

22  amended to read:

23         916.145  Dismissal of charges; community monitoring.--

24         (1)  The charges against any defendant adjudicated

25  incompetent to proceed due to the defendant's mental illness

26  shall be dismissed without prejudice to the state if the

27  defendant remains incompetent to proceed 5 years after such

28  determination, unless the court in its order specifies its

29  reasons for believing that the defendant will become competent

30  to proceed within the foreseeable future and specifies the

31  time within which the defendant is expected to become

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    Florida Senate - 2007                                  SB 1196
    32-535-07




 1  competent to proceed. The charges against the defendant are

 2  dismissed without prejudice to the state to refile the charges

 3  if should the defendant is be declared competent to proceed in

 4  the future.

 5         (2)  A defendant who is charged with a capital or life

 6  felony and who has been adjudicated incompetent to proceed due

 7  to the defendant's mental illness, whose charges have been

 8  dismissed without prejudice to the state, and who does not

 9  meet the criteria for involuntary hospitalization or

10  residential services must be placed on electronic monitoring

11  24 hours per day. The department shall supervise the

12  electronic monitoring for 24 months. The department shall

13  revaluate the defendant 6 months after the defendant is

14  released from involuntary commitment, and once every 6 months

15  thereafter, in order to determine whether the defendant

16  remains incompetent to proceed. The department shall prepare a

17  report of its findings and deliver a copy of the report to the

18  office of the state attorney of the judicial circuit in which

19  the defendant was involuntarily committed.

20         Section 2.  Section 916.303, Florida Statutes, is

21  amended to read:

22         916.303  Determination of incompetency due to

23  retardation or autism; dismissal of charges; community

24  monitoring.--

25         (1)  The charges against any defendant found to be

26  incompetent to proceed due to retardation or autism shall be

27  dismissed without prejudice to the state if the defendant

28  remains incompetent to proceed within a reasonable time after

29  such determination, not to exceed 2 years, unless the court in

30  its order specifies its reasons for believing that the

31  defendant will become competent to proceed within the

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    Florida Senate - 2007                                  SB 1196
    32-535-07




 1  foreseeable future and specifies the time within which the

 2  defendant is expected to become competent to proceed. The

 3  charges may be refiled by the state if the defendant is

 4  declared competent to proceed in the future.

 5         (2)  If the charges are dismissed and if the defendant

 6  is considered to lack sufficient capacity to give express and

 7  informed consent to a voluntary application for services and

 8  lacks the basic survival and self-care skills to provide for

 9  his or her well-being or is likely to physically injure

10  himself or herself or others if allowed to remain at liberty,

11  the agency, the state attorney, or the defendant's attorney

12  shall apply to the committing court to involuntarily admit the

13  defendant to residential services pursuant to s. 393.11.

14         (3)  If the defendant is considered to need involuntary

15  residential services for reasons described in subsection (2)

16  and, further, there is a substantial likelihood that the

17  defendant will injure another person or continues to present a

18  danger of escape, and all available less restrictive

19  alternatives, including services in community residential

20  facilities or other community settings, which would offer an

21  opportunity for improvement of the condition have been judged

22  to be inappropriate, the agency, the state attorney, or the

23  defendant's counsel may request the committing court to

24  continue the defendant's placement in a secure facility

25  pursuant to this part. Any placement so continued under this

26  subsection must be reviewed by the court at least annually at

27  a hearing. The annual review and hearing shall determine

28  whether the defendant continues to meet the criteria described

29  in this subsection and, if so, whether the defendant still

30  requires involuntary placement in a secure facility and

31  whether the defendant is receiving adequate care, treatment,

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    Florida Senate - 2007                                  SB 1196
    32-535-07




 1  habilitation, and rehabilitation, including psychotropic

 2  medication and behavioral programming. Notice of the annual

 3  review and review hearing shall be given to the state attorney

 4  and the defendant's attorney. In no instance may a defendant's

 5  placement in a secure facility exceed the maximum sentence for

 6  the crime for which the defendant was charged.

 7         (4)  A defendant who is charged with a capital or life

 8  felony and who has been adjudicated incompetent to proceed due

 9  to the defendant's retardation or autism, whose charges have

10  been dismissed without prejudice to the state, and who does

11  not meet the criteria for involuntary admission to residential

12  services under s. 393.11 must be placed on electronic

13  monitoring 24 hours per day. The agency shall supervise the

14  electronic monitoring for 24 months. The agency shall

15  revaluate the defendant 6 months after the release of the

16  defendant from involuntary commitment, and once every 6 months

17  thereafter, in order to determine whether the defendant

18  remains incompetent to proceed. The agency shall prepare a

19  report of its findings and deliver a copy of the report to the

20  office of the state attorney of the judicial circuit in which

21  the defendant was involuntarily committed.

22         Section 3.  This act shall take effect July 1, 2007.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Requires that certain developmentally disabled and
      mentally ill defendants who do not meet the criteria for
27    involuntary residential commitment be placed on
      electronic monitoring while residing in the community.
28    Requires the Department of Children and Family Services
      and the Agency for Persons with Disabilities to monitor
29    such mentally ill and developmentally disabled
      defendants. Requires the department and the agency to
30    prepare reports concerning the defendants' incompetency
      to proceed and to deliver a copy of the report to the
31    appropriate state attorney.

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