Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 1950

933012

CHAMBER ACTION

Senate

Comm: WD

4/21/2008

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House



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The Committee on Criminal Justice (King) recommended the

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following amendment:

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     Senate Amendment (with title amendments)

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     Between line(s) 57 and 58,

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insert:

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     Section 3.  Paragraph (a) of subsection (2) of section

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916.302, Florida Statutes, is amended to read:

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     916.302  Involuntary commitment of defendant determined to

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be incompetent to proceed.--

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     (2)  ADMISSION TO A FACILITY.--

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     (a)  A defendant who has been charged with a felony and who

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is found to be incompetent to proceed due to retardation or

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autism, and who meets the criteria for involuntary commitment to

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the agency under the provisions of this chapter, shall be

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committed to the agency, and the agency shall retain and provide

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appropriate training for the defendant. Within No later than 6

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months after the date of admission or at the end of any period of

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extended commitment or at any time the administrator or designee

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shall have determined that the defendant has regained competency

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to proceed or no longer meets the criteria for continued

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commitment, the administrator or designee shall file a report

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with the court pursuant to this chapter and the applicable

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Florida Rules of Criminal Procedure. The sheriff shall transport

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the defendant to the county jail within 15 days after the court

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receives the report from the agency declaring that the defendant

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is competent to proceed or no longer meets the criteria for

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continued commitment. A competency hearing must be held within 30

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days after the court receives the report.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 8, after the semicolon,

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insert:

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amending s. 916.302, F.S.; requiring the sheriff to

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transport a defendant who has been found incompetent to

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proceed to the court for a subsequent hearing on

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competency following training; providing timeframes for

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holding the hearing and for transporting the defendant;

4/17/2008  11:29:00 AM     8-07790A-08

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