Senate Bill sb7082pb
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7082
FOR CONSIDERATION By the Committee on Children, Families, and
Elder Affairs
586-1466-07
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 committed as a
10 sexually violent predator under certain
11 circumstances; providing for examinations,
12 reports, and investigations following the use
13 of force; providing for criminal penalties when
14 force is used with malicious intent; creating
15 s. 921.245, F.S.; providing for each judgment
16 of guilt for a felony offense to contain a
17 written finding on whether the act was sexually
18 motivated; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (2) of section 394.913, Florida
23 Statutes, is amended to read:
24 394.913 Notice to state attorney and multidisciplinary
25 team of release of sexually violent predator; establishing
26 multidisciplinary teams; information to be provided to
27 multidisciplinary teams.--
28 (2) The agency having with jurisdiction shall provide
29 the multidisciplinary team with the following information:
30 (a) The person's name; identifying characteristics;
31 anticipated future residence; the type of supervision the
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7082
586-1466-07
1 person will receive in the community, if any; and the person's
2 offense history;
3 (b) The person's criminal history, including police
4 reports, victim statements, presentence investigation reports,
5 postsentence investigation reports, if available, and any
6 other documents containing facts of the person's criminal
7 incidents or indicating whether the criminal incidents
8 included sexual acts or were sexually motivated;
9 (c) Mental health, mental status, and medical records,
10 including all clinical records and notes concerning the
11 person;
12 (d) Documentation of institutional adjustment and any
13 treatment received and, in the case of an adjudicated
14 delinquent committed to the Department of Juvenile Justice,
15 copies of the most recent performance plan and performance
16 summary; and
17 (e) If the person was returned to custody after a
18 period of supervision, documentation of adjustment during
19 supervision and any treatment received.
20 Section 2. Section 394.9223, Florida Statutes, is
21 created to read:
22 394.9223 Use of force.--
23 (1) An employee or agent of a secure facility, or an
24 employee of a state or of a local law enforcement agency, is
25 authorized to apply physical force upon a person committed to
26 a secure facility under this part only when and to the extent
27 that it reasonably appears necessary. This includes the use of
28 nonlethal devices such as chemical agents and electronic
29 devices. Deadly force may be used only in defense of oneself
30 or another. Circumstances under which physical force may be
31 used include:
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7082
586-1466-07
1 (a) Defending himself or herself or another against
2 imminent use of unlawful force.
3 (b) Preventing a person committed to the custody of
4 the department from escaping.
5 (c) Preventing damage to property.
6 (d) Quelling a disturbance.
7 (e) Overcoming physical resistance to a lawful
8 command.
9 (f) Administering medical treatment by or under the
10 supervision of a physician or his or her designee only when
11 such treatment is:
12 1. Necessary to protect the health of others, as in
13 the case of contagious or venereal diseases; or
14 2. Offered in satisfaction of a duty to protect the
15 person against self-inflicted injury or death.
16 (2) Following any use of force, a qualified health
17 care provider shall examine any person physically involved to
18 determine the extent of injury, if any, and shall prepare a
19 report that includes, but need not be limited to, a statement
20 of whether further examination by a physician is necessary.
21 Any noticeable physical injury shall be examined by a
22 physician who shall prepare a report documenting the extent
23 and cause of the injury and the treatment prescribed. Such
24 report shall be completed within 5 working days after the
25 incident and shall be submitted to the facility superintendent
26 for investigation as appropriate.
27 (3) Each person who applied physical force or was
28 responsible for making the decision to apply physical force
29 upon a committed person shall prepare, date, and sign an
30 independent report within 5 working days after the incident.
31 The report shall be delivered to the facility superintendent,
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7082
586-1466-07
1 who shall conduct an investigation and shall determine whether
2 force was appropriately used. Copies of the report and the
3 facility superintendent's evaluation shall be kept in the
4 resident's file. A record of each incident involving an
5 employee's use of force and the facility superintendent's
6 evaluation shall be kept in the employee's file.
7 (4) An employee of a secure facility for sexually
8 violent predators who, with malicious intent:
9 (a) Commit a battery upon a facility resident commits
10 a misdemeanor of the first degree, punishable as provided in
11 s. 775.082 or s. 775.083.
12 (b) Commit a battery or inflict cruel or inhuman
13 treatment by neglect or otherwise, and in so doing cause great
14 bodily harm, permanent disability, or permanent disfigurement
15 to a resident, commit a felony of the third degree, punishable
16 as provided in s. 775.082, s. 775.083, or s. 775.084.
17 Section 3. Section 921.245, Florida Statutes, is
18 created to read:
19 921.245 Felony judgments; sexually motivated
20 offense.--Each judgment of guilt for a felony offense must
21 contain a written finding by the court indicating whether the
22 criminal act was sexually motivated.
23 Section 4. This act shall take effect upon becoming a
24 law.
25
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7082
586-1466-07
1 *****************************************
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.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.