Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 1950
933012
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.