Senate Bill sb2866

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    Florida Senate - 2007                                  SB 2866

    By the Committee on Children, Families, and Elder Affairs





    586-1466A-07

  1                      A bill to be entitled

  2         An act relating to sexually violent predators;

  3         amending s. 394.913, F.S.; providing for

  4         information concerning sexual acts and sexual

  5         motivation in a person's criminal history to be

  6         provided to multidisciplinary teams treating

  7         sexually violent predators; creating s.

  8         394.9223, F.S.; providing for the use of

  9         physical force against a person confined in a

10         secure facility as a sexually violent predator

11         under certain circumstances; providing for

12         examinations, reports, and investigations

13         following the use of force; providing for

14         criminal penalties when force is used with

15         malicious intent; creating s. 921.245, F.S.;

16         providing for each judgment of guilt for a

17         felony offense to contain a written finding on

18         whether the act was sexually motivated;

19         providing an effective date.

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

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23         Section 1.  Subsection (2) of section 394.913, Florida

24  Statutes, is amended to read:

25         394.913  Notice to state attorney and multidisciplinary

26  team of release of sexually violent predator; establishing

27  multidisciplinary teams; information to be provided to

28  multidisciplinary teams.--

29         (2)  The agency having with jurisdiction shall provide

30  the multidisciplinary team with the following information:

31  

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    Florida Senate - 2007                                  SB 2866
    586-1466A-07




 1         (a)  The person's name; identifying characteristics;

 2  anticipated future residence; the type of supervision the

 3  person will receive in the community, if any; and the person's

 4  offense history;

 5         (b)  The person's criminal history, including police

 6  reports, victim statements, presentence investigation reports,

 7  postsentence investigation reports, if available, and any

 8  other documents containing facts of the person's criminal

 9  incidents or indicating whether the criminal incidents

10  included sexual acts or were sexually motivated;

11         (c)  Mental health, mental status, and medical records,

12  including all clinical records and notes concerning the

13  person;

14         (d)  Documentation of institutional adjustment and any

15  treatment received and, in the case of an adjudicated

16  delinquent committed to the Department of Juvenile Justice,

17  copies of the most recent performance plan and performance

18  summary; and

19         (e)  If the person was returned to custody after a

20  period of supervision, documentation of adjustment during

21  supervision and any treatment received.

22         Section 2.  Section 394.9223, Florida Statutes, is

23  created to read:

24         394.9223  Use of force.--

25         (1)  An employee or agent of a secure facility, or an

26  employee of a state or of a local law enforcement agency, is

27  authorized to apply physical force upon a person confined in a

28  secure facility under this part only when and to the extent

29  that it reasonably appears necessary. This includes the use of

30  nonlethal devices such as chemical agents and electronic

31  devices after employees have been trained in the appropriate

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    Florida Senate - 2007                                  SB 2866
    586-1466A-07




 1  use of such electronic devices. Deadly force may be used only

 2  in defense of oneself or another. Circumstances under which

 3  physical force may be used include:

 4         (a)  Defending himself or herself or another against

 5  imminent use of unlawful force.

 6         (b)  Preventing a person committed to the custody of

 7  the department from escaping.

 8         (c)  Preventing damage to property.

 9         (d)  Quelling a disturbance.

10         (e)  Overcoming physical resistance to a lawful

11  command.

12         (f)  Administering medical treatment by or under the

13  supervision of a physician or his or her designee only when

14  such treatment is:

15         1.  Necessary to protect the health of others, as in

16  the case of contagious or venereal diseases; or

17         2.  Offered in satisfaction of a duty to protect the

18  person against self-inflicted injury or death.

19         (2)  Following any use of force, a qualified health

20  care provider shall examine any person physically involved to

21  determine the extent of injury, if any, and shall prepare a

22  report that includes, but need not be limited to, a statement

23  of whether further examination by a physician is necessary.

24  Any noticeable physical injury shall be examined by a

25  physician who shall prepare a report documenting the extent

26  and cause of the injury and the treatment prescribed. Such

27  report shall be completed within 5 working days after the

28  incident and shall be submitted to the facility superintendent

29  for investigation as appropriate.

30         (3)  Each person who applied physical force or was

31  responsible for making the decision to apply physical force

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    Florida Senate - 2007                                  SB 2866
    586-1466A-07




 1  upon a committed person shall prepare, date, and sign an

 2  independent report within 5 working days after the incident.

 3  The report shall be delivered to the facility superintendent,

 4  who shall conduct an investigation and shall determine whether

 5  force was appropriately used. Copies of the report and the

 6  facility superintendent's evaluation shall be kept in the

 7  resident's file. A record of each incident involving an

 8  employee's use of force and the facility superintendent's

 9  evaluation shall be kept in the employee's file.

10         (4)  An employee of a secure facility for sexually

11  violent predators who, with malicious intent:

12         (a)  Commit a battery upon a facility resident commits

13  a misdemeanor of the first degree, punishable as provided in

14  s. 775.082 or s. 775.083.

15         (b)  Commit a battery or inflict cruel or inhuman

16  treatment by neglect or otherwise, and in so doing cause great

17  bodily harm, permanent disability, or permanent disfigurement

18  to a resident, commit a felony of the third degree, punishable

19  as provided in s. 775.082, s. 775.083, or s. 775.084.

20         Section 3.  Section 921.245, Florida Statutes, is

21  created to read:

22         921.245  Felony judgments; sexually motivated

23  offense.--Each judgment of guilt for a felony offense must

24  contain a written finding by the court indicating whether the

25  criminal act was sexually motivated.

26         Section 4.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 2007                                  SB 2866
    586-1466A-07




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 2                          SENATE SUMMARY

 3    Revises laws relating to the sexually violent predator
      program. Provides that any information concerning sexual
 4    acts and sexual motivation in a person's criminal history
      be provided to the multidisciplinary team that assesses
 5    and makes recommendations as to whether a person is a
      sexually violent predator. Provides for the use of
 6    physical force against a person committed as a sexually
      violent predator and specifies the circumstances when
 7    force may be used. Provides for an examination by a
      health provider, a report to be prepared, and an
 8    investigation following the use of force. Provides for
      criminal penalties when force is used with malicious
 9    intent. Requires that each judgment of guilt for a felony
      offense contains a written finding on whether the act was
10    sexually motivated.

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