Senate Bill sb2866c1

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    Florida Senate - 2007                           CS for SB 2866

    By the Committees on Criminal Justice; and Children, Families,
    and Elder Affairs




    591-2357-07

  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. 394.9221, F.S.;

16         authorizing the employment of certified

17         correctional officers at a secure facility;

18         amending s. 916.1091, F.S.; authorizing the

19         employment of certified correctional officers

20         at forensic facilities; providing for such

21         authority to operate retroactively; providing

22         an effective date.

23  

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

25  

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

27  Statutes, is amended to read:

28         394.913  Notice to state attorney and multidisciplinary

29  team of release of sexually violent predator; establishing

30  multidisciplinary teams; information to be provided to

31  multidisciplinary teams.--

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    Florida Senate - 2007                           CS for SB 2866
    591-2357-07




 1         (2)  The agency having with jurisdiction shall provide

 2  the multidisciplinary team with the following information:

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

 4  anticipated future residence; the type of supervision the

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

 6  offense history;

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

 8  reports, victim statements, presentence investigation reports,

 9  postsentence investigation reports, if available, and any

10  other documents containing facts of the person's criminal

11  incidents or indicating whether the criminal incidents

12  included sexual acts or were sexually motivated;

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

14  including all clinical records and notes concerning the

15  person;

16         (d)  Documentation of institutional adjustment and any

17  treatment received and, in the case of an adjudicated

18  delinquent committed to the Department of Juvenile Justice,

19  copies of the most recent performance plan and performance

20  summary; and

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

22  period of supervision, documentation of adjustment during

23  supervision and any treatment received.

24         Section 2.  Section 394.9223, Florida Statutes, is

25  created to read:

26         394.9223  Use of force.--

27         (1)  When necessary to provide protection and security

28  to any client, to the personnel, equipment, buildings, or

29  grounds of a secure facility, or to citizens in the

30  surrounding community, an employee or agent of a secure

31  facility, or an employee of a state or local law enforcement

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    Florida Senate - 2007                           CS for SB 2866
    591-2357-07




 1  agency, may apply physical force upon a person confined in a

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

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

 4  nonlethal devices, such as chemical agents and hand-held

 5  electronic immobilization devices, when authorized by the

 6  administrator of the facility or her or his designee when the

 7  administrator is not present, and only after an employee has

 8  been trained in the appropriate use of such chemical agents

 9  and electronic devices. Chemical agents and hand-held

10  electronic devices shall be used only to the extent necessary

11  to provide protection and security.  A staff person may not

12  carry a chemical agent or hand-held electronic immobilization

13  device on her or his person under any circumstances, except

14  during escort of a facility resident outside of the secure

15  perimeter of the facility, or as an authorized response to an

16  incident within the facility which threatens the safety or

17  security of staff or residents. Hand-held electronic

18  immobilization devices are only used during escort of a

19  confined person outside of the secure perimeter of the

20  facility. Circumstances under which reasonable force may be

21  employed include:

22         (a)  Defending oneself against imminent use of unlawful

23  force;

24         (b)  Preventing the escape of a person confined at the

25  secure facility.

26         (c)  Preventing damage to property;

27         (d)  Quelling a disturbance; or

28         (e)  Overcoming physical resistance to a lawful

29  command.

30         (2)  Following any use of force, each person who was

31  physically involved shall receive a medical examination by a

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    Florida Senate - 2007                           CS for SB 2866
    591-2357-07




 1  qualified health care provider, unless the person refuses such

 2  examination, to determine the extent of injury, if any. The

 3  examining health care provider shall prepare a report that

 4  includes, but need not be limited to, a statement of whether

 5  further examination by a physician is necessary. Any

 6  noticeable physical injury shall be examined by a physician

 7  who shall prepare a report documenting the extent and cause of

 8  the injury and the treatment prescribed. Such report shall be

 9  completed within 5 working days after the incident and shall

10  be submitted to the facility superintendent for investigation

11  as appropriate.

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

13  responsible for making the decision to apply physical force

14  upon a confined person shall prepare, date, and sign an

15  independent report within 3 working days after the incident.

16  The report shall be delivered to the facility superintendent

17  who shall conduct an investigation and shall determine whether

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

19  facility superintendent's evaluation shall be kept in the

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

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

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

23         (4)  An employee of a secure facility under this part

24  who, with malicious intent:

25         (a)  Commits a battery upon a person confined in the

26  facility commits a misdemeanor of the first degree, punishable

27  as provided in s. 775.082 or s. 775.083; or

28         (b)  Commits a battery or inflicts cruel or inhuman

29  treatment by neglect or otherwise, and in so doing causes

30  great bodily harm, permanent disability, or permanent

31  disfigurement to a person confined in the facility, commits a

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    Florida Senate - 2007                           CS for SB 2866
    591-2357-07




 1  felony of the third degree, punishable as provided in s.

 2  775.082, s. 775.083, or s. 775.084.

 3         Section 3.  Section 394.9221, Florida Statutes, is

 4  created to read:

 5         394.9221  Certified security personnel.--The department

 6  or an entity contracting with the department to operate a

 7  secure facility under this part is considered an employing

 8  agency as that term is defined in s. 943.10 and is authorized

 9  to employ certified correctional officers as facility security

10  personnel.

11         Section 4.  Section 916.1091, Florida Statutes, is

12  amended to read:

13         916.1091  Duties, functions, and powers of

14  institutional security personnel.--

15         (1)  In case of emergency, and when necessary to

16  provide protection and security to any client, to the

17  personnel, equipment, buildings, or grounds of a department or

18  agency facility, or to citizens in the surrounding community,

19  institutional security personnel may, when authorized by the

20  administrator of the facility or her or his designee when the

21  administrator is not present, use a chemical weapon against a

22  patient housed in a forensic facility. However, such weapon

23  shall be used only to the extent necessary to provide

24  protection and security. Under no circumstances shall any

25  officer carry a chemical weapon on her or his person except

26  during the period of the emergency for which its use was

27  authorized. All chemical weapons shall be placed in secure

28  storage when their use is not authorized as provided in this

29  section.

30         (2)  The department, the agency, or an entity

31  contracting with the department or agency to operate a

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    Florida Senate - 2007                           CS for SB 2866
    591-2357-07




 1  forensic facility under this chapter is considered an

 2  employing agency as that term is defined in s. 943.10 and is

 3  authorized to employ certified correctional officers as

 4  institutional security personnel. This authority applies

 5  retroactively to all certified officers employed in such

 6  capacity beginning January 1, 1974.

 7         Section 5.  This act shall take effect upon becoming a

 8  law.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 2866

12                                 

13  -    Deletes the amendment to s. 921.245, F.S., that would
         have imposed a new requirement for courts to specifically
14       find whether or not a non-sexual criminal act was
         sexually motivated.
15  
    -    Revises the bill's use of force requirements, including
16       removing references to forced administration of medical
         treatment and to deadly force.
17  
    -    Creates a separate criminal offense when an employee acts
18       with malicious intent in battering or cruelly or
         inhumanly treating a person who is confined in a secure
19       facility.

20  -    Clarifies that DCF, the Agency for Persons with
         Disabilities, and entities that contract to operate a
21       forensic facility or secure facility are employing
         agencies for certified correctional officers within the
22       meaning of ch. 943, F.S.

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