CS/HB 1189

1	A bill to be entitled
2	An act relating to mental health and substance abuse
3	treatment; creating s. 394.4656, F.S.; creating the
4	Community Mental Health and Substance Abuse Treatment and
5	Crime Reduction Act; providing legislative findings and
6	intent; providing goals for the community mental health
7	and substance abuse forensic treatment system; defining
8	terms; authorizing the Department of Children and Family
9	Services, in consultation with the Agency for Health Care
10	Administration, to develop and implement a community
11	mental health and substance abuse forensic treatment
12	system; providing initiatives and strategies for the
13	community forensic system; detailing the services required
14	in the community forensic system; setting forth the
15	eligibility criteria for treatment in the system;
16	requiring the department to develop a continuum of
17	services to implement the Community Mental Health and
18	Substance Abuse Treatment and Crime Reduction Act;
19	specifying the services and functions the department may
20	undertake; providing for implementation of the community
21	mental health and substance abuse forensic treatment
22	system; amending s. 394.655, F.S.; providing additional
23	functions of the Criminal Justice, Mental Health, and
24	Substance Abuse Policy Council; amending s. 394.656, F.S.;
25	requiring the department and the agency to cooperate with
26	counties that receive grants funding under the Criminal
27	Justice, Mental Health, and Substance Abuse Reinvestment
28	Grant Program; amending s. 394.657, F.S.; requiring county
29	councils to consult with local governing bodies when
30	planning or implementing the Community Mental Health and
31	Substance Abuse Treatment and Crime Reduction Act;
32	amending s. 409.906, F.S.; requiring recommendations and a
33	report on adding home and community-based mental health
34	services to the optional Medicaid services offered by the
35	state Medicaid program; amending s. 916.106, F.S.;
36	providing definitions; amending s. 916.107, F.S.;
37	including certain conditional releasees within certain
38	provisions relating to procedures for persons admitted to
39	state forensic mental health treatment facilities who lack
40	capacity to make informed decisions regarding mental
41	health treatment; specifying treatment procedures for a
42	client admitted to a state forensic mental health
43	treatment facility who lacks the capacity to make an
44	informed decision regarding mental health treatment at the
45	time of admission; amending s. 916.111, F.S.; providing
46	for forensic evaluator training for mental health experts;
47	amending s. 916.115, F.S.; requiring court-appointed
48	experts to have completed forensic evaluator training;
49	requiring the court-appointed expert to be a psychiatrist
50	or a licensed psychologist; requiring the Department of
51	Children and Family Services to maintain and annually
52	provide the courts with a forensic evaluator registry;
53	amending s. 916.13, F.S.; providing a timeframe for the
54	holding of a competency hearing; amending s. 916.15, F.S.;
55	providing a timeframe for the holding of a commitment
56	hearing; amending s. 916.17, F.S.; requiring that certain
57	defendants be placed in a community residential facility
58	for competency restoration in demonstration areas
59	established under the Community Mental Health and
60	Substance Abuse Treatment and Crime Reduction Act;
61	providing exceptions; providing requirements for a report
62	concerning a child who is found incompetent to proceed;
63	amending s. 985.19, F.S.; requiring that the basis for the
64	determination of incompetency of juveniles be conducted so
65	as to ensure uniform application of specified criteria;
66	requiring development of plans and requirements relating
67	to forensic evaluations; requiring that appointed experts
68	complete the forensic evaluator training program by
69	specified dates; providing an effective date.
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1.  Section 394.4656, Florida Statutes, is created
74	to read:
75	394.4656  Community Mental Health and Substance Abuse
76	Treatment and Crime Reduction Act.-
77	(1)  LEGISLATIVE FINDINGS AND INTENT.-The Legislature finds
78	that many jail inmates who have serious mental illnesses and who
79	are committed to state forensic mental health treatment
80	facilities for competency restoration could be served more
81	effectively and at less cost in community-based alternative
82	programs. The Legislature further finds that many people who
83	have serious mental illnesses and who have been discharged from
84	state forensic mental health treatment facilities could avoid
85	recidivism to the criminal justice and forensic mental health
86	systems if they received specialized treatment in the community.
87	Therefore, it is the intent of the Legislature to create the
88	Community Mental Health and Substance Abuse Treatment and Crime
89	Reduction Act to serve individuals who have mental illnesses or
90	co-occurring mental illnesses and substance abuse disorders and
91	who are involved in or at risk of entering state forensic mental
92	health treatment facilities, prisons, jails, juvenile justice
93	centers, or state civil mental health treatment facilities.
94	(2)  GOALS.-The goals of the community mental health and
95	substance abuse forensic treatment system are to:
96	(a)  Ensure public safety.
97	(b)  Ensure that services to restore forensic competency
98	are provided in the least restrictive, least costly, and most
99	effective environment.
100	(c)  Provide competency-restoration services in the
101	community if appropriate, based on consideration of public
102	safety, needs of the individual, and available resources.
103	(d)  Reduce admissions for competency restoration to state
104	forensic mental health treatment facilities.
105	(e)  Reduce rates of arrest, incarceration, and
106	reincarceration.
107	(f)  Increase outreach and services to individuals at risk
108	for involvement in the criminal justice, juvenile justice, or
109	forensic mental health systems.
110	(g)  Support collaboration among state and local
111	stakeholders, including law enforcement agencies, courts, state
112	agencies, jails, county government, service providers,
113	individuals with mental illnesses or co-occurring mental
114	illnesses and substance abuse disorders, family members,
115	advocates, and other community members.
116	(3)  DEFINITIONS.-As used in this section, the term:
117	(a)  "Agency" means the Agency for Health Care
118	Administration.
119	(b)  "Best practices" means treatment services that
120	incorporate the most effective and acceptable interventions
121	available in the care and treatment of individuals who are
122	diagnosed as having mental illnesses or co-occurring mental
123	illnesses and substance abuse disorders.
124	(c)  "Community forensic system" means the community mental
125	health and substance abuse forensic treatment system, including
126	the comprehensive set of services and supports provided to
127	individuals involved in or at risk of becoming involved in the
128	criminal justice system.
129	(d)  "Community residential facility" means a community-
130	based residential treatment setting licensed by the agency under
131	s. 394.875 or s. 429.075 or by the department under s. 397.401.
132	(e)  "Evidence-based practices" means interventions and
133	strategies that, based on the best available empirical research,
134	demonstrate effective and efficient outcomes in the care and
135	treatment of individuals who are diagnosed as having mental
136	illnesses or co-occurring mental illnesses and substance use
137	disorders.
138	(f)  "Forensic intensive care management" means activities
139	addressing the comprehensive psychiatric, social, and support
140	needs of individuals who are diagnosed as having serious and
141	persistent mental illnesses, co-occurring disorders, or severe
142	emotional disturbances, and who are involved in the criminal
143	justice system and receiving services under this section.
144	Activities include, but are not limited to, service planning,
145	service coordination, monitoring, and assistance with accessing
146	federal, state, and local benefits necessary to sustain a person
147	in the community.
148	(g)  "Geographic area" means a county, circuit, regional,
149	or multiregional area in this state.
150	(4)  SERVICE SYSTEM.-The department, in consultation with
151	the agency, may develop and implement a community mental health
152	and substance abuse forensic treatment system. The system must
153	build on local community diversion and reentry initiatives and
154	strategies that are consistent with those identified and
155	supported under s. 394.658(1) or with geographic areas that have
156	piloted a community-based diversion program.
157	(a)  The community forensic system initiatives and
158	strategies may include, but are not limited to:
159	1.  Mental health courts.
160	2.  Diversion programs.
161	3.  Alternative prosecution and sentencing techniques.
162	4.  Crisis intervention teams.
163	5.  Specialized training for criminal justice, juvenile
164	justice, and treatment services professionals.
165	6.  Specialized probation officers at the state and county
166	levels to serve individuals under correctional control in the
167	community.
168	7.  Collateral services such as supported, transitional,
169	and permanent housing, and supported employment.
170	8.  Reentry services to create or expand mental health and
171	co-occurring treatment and support for affected individuals.
172	(b)  The community forensic system must include a
173	comprehensive continuum of care and services that use evidence-
174	based and best practices to address co-occurring mental health
175	and substance abuse disorders, including the following minimum
176	services and elements:
177	1.  Competency-restoration and treatment services provided
178	in a variety of settings from least restrictive to progressively
179	more restrictive settings.
180	2.  Secure residential placement for initial service
181	delivery and stabilization.
182	3.  Forensic intensive care management.
183	4.  Supported housing.
184	5.  Supported employment.
185	6.  Medication management.
186	7.  Trauma-specific services for treatment of the effects
187	of sexual, physical, and emotional abuse or trauma experienced
188	by individuals who have mental illnesses and are involved in the
189	criminal justice system.
190	8.  Residential services to address crisis episodes and
191	short-term residential treatment.
192	9.  Treatment for co-occurring mental health and substance
193	use disorders.
194	10.  Outreach and education for individuals and their
195	families who are at risk of further involvement with the
196	criminal justice system.
197	11.  The use of involuntary outpatient placement for
198	individuals meeting the criteria provided under s. 394.4655 and
199	conditional release for individuals adjudicated incompetent to
200	proceed due to mental illness or not guilty by reason of
201	insanity as provided under s. 916.17.
202	12.  Other services or supports as identified.
203	(5)  ELIGIBILITY.-Initial implementation shall be limited
204	to adults who are adjudicated incompetent to proceed or not
205	guilty by reason of insanity under chapter 916, whose current
206	most serious charge is a felony of the third degree or a felony
207	of the second degree that did not involve violence, who meet
208	public safety criteria established by the court and treatment
209	criteria established by the department for placement in a
210	community setting, and who otherwise would be admitted to a
211	state mental health treatment facility. Contingent upon
212	legislative approval, the department may serve individuals who
213	meet the following criteria:
214	(a)  Adults who experience serious and persistent mental
215	illnesses reentering the community from state prisons.
216	(b)  Adults who have been committed to a state forensic
217	mental health treatment facility after being adjudicated
218	incompetent to proceed or not guilty by reason of insanity, and
219	who are released or who are pending release to the community by
220	the court after completing competency restoration services or
221	being found to no longer meet the criteria for continued
222	commitment placement.
223	(c)  Adults who experience serious and persistent mental
224	illnesses, who have a history of involvement in the criminal
225	justice system, or who are at risk of entering or who are
226	already involved with the criminal justice system.
227	(d)  Children deemed incompetent to proceed under s.
228	985.19.
229	(6)  DEPARTMENT RESPONSIBILITIES.-The department shall
230	develop a continuum of services to implement this section in
231	accordance with subsection (4). The department may:
232	(a)  Define requirements for all providers in the community
233	forensic system.
234	(b)  Implement demonstration sites for participation, based
235	on criteria in subsection (7), which demonstrate active and
236	sustained participation in community collaborations.
237	(c)  Enter into memoranda of agreement with county planning
238	councils or committees identified in s. 394.657 that
239	participated in the Criminal Justice, Mental Health, and
240	Substance Abuse Reinvestment Grant Program pursuant to s.
241	394.656 or that have piloted a community-based diversion
242	program.
243	(d)  Identify providers to implement the continuum of
244	services. The department shall consult with county planning
245	councils or committees in the selection process.
246	(e)  Establish performance measures and reporting
247	requirements for providers participating in the community
248	forensic system. The measures shall include, at a minimum:
249	1.  The number of individuals diverted from state forensic
250	mental health treatment facilities.
251	2.  The number of individuals diverted from the criminal
252	justice system.
253	3.  The rates of arrest, incarceration, and reincarceration
254	for new criminal offenses.
255	4.  The rates of employment.
256	5.  The annual number of days in a crisis stabilization
257	unit, detoxification facility, short-term residential treatment
258	program, state civil mental health treatment facility, or state
259	forensic mental health treatment facility.
260	(f)  Monitor contracts for compliance with terms and assess
261	performance under contracts and provide an annual report by
262	October 1 to the Governor, the President of the Senate, the
263	Speaker of the House of Representatives, the Chief Justice of
264	the Florida Supreme Court, and the State Courts Administrator on
265	the implementation status of the Community Mental Health and
266	Substance Abuse Treatment and Crime Reduction Act.
267	(7)  IMPLEMENTATION.-The department shall implement this
268	section within available resources. In expectation of statewide
269	implementation of this section, the department, in consultation
270	with the agency, may identify geographic areas of the state for
271	initial implementation of up to three pilot program sites.
272	Future expansion must have legislative approval and shall be
273	based on findings of community readiness and the potential for
274	affecting the greatest number of individuals entering the
275	forensic mental health and criminal justice systems. Criteria
276	for selection of the pilot program sites and future expansion
277	may include:
278	(a)  Community readiness to deliver the services outlined
279	in subsection (4), demonstrated by well-established community
280	collaboration plans and local partnerships as evidenced by
281	memoranda of agreement that are submitted to and approved by the
282	department.
283	(b)  A high bed-utilization rate at state forensic mental
284	health treatment facilities.
285	(c)  Successful application for implementation grant
286	funding under the Criminal Justice, Mental Health, and Substance
287	Abuse Reinvestment Grant Program.
288	(d)  Other elements determined by the department in
289	consultation with the agency.
290	Section 2.  Paragraph (b) of subsection (11) of section
291	394.655, Florida Statutes, is amended to read:
292	394.655  The Substance Abuse and Mental Health Corporation;
293	powers and duties; composition; evaluation and reporting
294	requirements.-
295	(11)
296	(b)  The purposes purpose of the council are shall be to:
297	1.  Align policy initiatives in the criminal justice,
298	juvenile justice, and mental health, and substance abuse systems
299	to ensure the most effective use of resources and to coordinate
300	the development of legislative proposals and budget requests
301	relating to the shared needs of adults and juveniles who have a
302	mental illness, substance abuse disorders disorder, or co-
303	occurring mental health and substance abuse disorders who are
304	in, or at risk of entering, the criminal justice system.
305	2.  Provide consultation in the development of
306	comprehensive and cost-effective community-based mental health
307	and substance abuse treatment services for individuals who have
308	mental illnesses and who are receiving services in state
309	forensic mental health treatment facilities, juvenile secure
310	residential treatment centers specializing in competency
311	training, prisons, jails, and juvenile justice centers.
312	Section 3.  Subsection (1) of section 394.656, Florida
313	Statutes, is amended to read:
314	394.656  Criminal Justice, Mental Health, and Substance
315	Abuse Reinvestment Grant Program.-
316	(1)  There is created within the Department of Children and
317	Family Services the Criminal Justice, Mental Health, and
318	Substance Abuse Reinvestment Grant Program. The purpose of the
319	program is to provide funding to counties to with which they can
320	plan, implement, or expand initiatives that increase public
321	safety, avert increased spending on criminal justice, and
322	improve the accessibility and effectiveness of treatment
323	services for adults and juveniles who have a mental illness,
324	substance abuse disorder, or co-occurring mental health and
325	substance abuse disorders and who are in, or at risk of
326	entering, the criminal or juvenile justice systems. In
327	implementing the Community Mental Health and Substance Abuse
328	Treatment and Crime Reduction Act, the department and agency
329	shall work in coordination with counties that received grants
330	under the program or have piloted a community-based diversion
331	program.
332	Section 4.  Subsection (1) of section 394.657, Florida
333	Statutes, is amended to read:
334	394.657  County planning councils or committees.-
335	(1)  Each board of county commissioners shall designate the
336	county public safety coordinating council established under s.
337	951.26, or designate another criminal or juvenile justice mental
338	health and substance abuse council or committee, as the planning
339	council or committee. The public safety coordinating council or
340	other designated criminal or juvenile justice mental health and
341	substance abuse council or committee shall:,
342	(a)  Coordinate in coordination with the county offices of
343	planning and budget to, shall make a formal recommendation to
344	the board of county commissioners regarding how the Criminal
345	Justice, Mental Health, and Substance Abuse Reinvestment Grant
346	Program may best be implemented within a community. The board of
347	county commissioners may assign any entity to prepare the
348	application on behalf of the county administration for
349	submission to the corporation for review. A county may join with
350	one or more counties to form a consortium and use a regional
351	public safety coordinating council or another county-designated
352	regional criminal or juvenile justice mental health and
353	substance abuse planning council or committee for the geographic
354	area represented by the member counties.
355	(b)  Consult with local governing bodies when planning or
356	implementing the Community Mental Health and Substance Abuse
357	Treatment and Crime Reduction Act.
358	Section 5.  Subsection (28) is added to section 409.906,
359	Florida Statutes, to read:
360	409.906  Optional Medicaid services.-Subject to specific
361	appropriations, the agency may make payments for services which
362	are optional to the state under Title XIX of the Social Security
363	Act and are furnished by Medicaid providers to recipients who
364	are determined to be eligible on the dates on which the services
365	were provided. Any optional service that is provided shall be
366	provided only when medically necessary and in accordance with
367	state and federal law. Optional services rendered by providers
368	in mobile units to Medicaid recipients may be restricted or
369	prohibited by the agency. Nothing in this section shall be
370	construed to prevent or limit the agency from adjusting fees,
371	reimbursement rates, lengths of stay, number of visits, or
372	number of services, or making any other adjustments necessary to
373	comply with the availability of moneys and any limitations or
374	directions provided for in the General Appropriations Act or
375	chapter 216. If necessary to safeguard the state's systems of
376	providing services to elderly and disabled persons and subject
377	to the notice and review provisions of s. 216.177, the Governor
378	may direct the Agency for Health Care Administration to amend
379	the Medicaid state plan to delete the optional Medicaid service
380	known as "Intermediate Care Facilities for the Developmentally
381	Disabled." Optional services may include:
382	(28)  HOME AND COMMUNITY-BASED SERVICES.-The agency shall
383	make plans and develop recommendations to obtain federal
384	financial participation for individuals receiving services under
385	the Community Mental Health and Substance Abuse Treatment and
386	Crime Reduction Act pursuant to s. 394.4656. The plans may be
387	limited to services for a select number of eligible individuals
388	who have incomes up to 150 percent of the federal poverty level.
389	The agency shall coordinate with the department to select and
390	define the services that will be included in the
391	recommendations. The agency shall report the recommendations to
392	the Speaker of the House of Representative and the President of
393	the Senate by July 1, 2011.
394	Section 6.  Subsections (1) through (4) of section 916.106,
395	Florida Statutes, are renumbered as subsections (2) through (5),
396	respectively, current subsections (5) through (17) of that
397	section are renumbered as subsections (7) through (19),
398	respectively, and new subsections (1) and (6) are added to that
399	section, to read:
400	916.106  Definitions.-For the purposes of this chapter, the
401	term:
402	(1)  "Acquittee" means a defendant who has been adjudicated
403	not guilty by reason of insanity.
404	(6)  "Conditional releasee" means a person placed on
405	conditional release pursuant to s. 916.17.
406	Section 7.  Paragraph (a) of subsection (3) of section
407	916.107, Florida Statutes, is amended to read:
408	916.107  Rights of forensic clients.-
409	(3)  RIGHT TO EXPRESS AND INFORMED CONSENT.-
410	(a)  A forensic client or a person placed on conditional
411	release in a crisis stabilization unit or a short-term
412	residential treatment facility shall be asked to give express
413	and informed written consent for treatment. If a client or such
414	a conditional releasee refuses such treatment as is deemed
415	necessary and essential by his or her the client's
416	multidisciplinary treatment team for his or her the appropriate
417	care of the client, such treatment may be provided under the
418	following circumstances:
419	1.  In an emergency situation in which there is immediate
420	danger to the safety of the client or conditional releasee or
421	others, such treatment may be provided upon the written order of
422	a physician for a period not to exceed 48 hours, excluding
423	weekends and legal holidays. If, after the 48-hour period, the
424	client or conditional releasee has not given express and
425	informed consent to the treatment initially refused, the
426	administrator or designee of the civil or forensic facility,
427	crisis stabilization unit, or short-term residential treatment
428	facility serving individuals placed on conditional release
429	shall, within 48 hours, excluding weekends and legal holidays,
430	petition the committing court or the circuit court serving the
431	county in which the facility is located, at the option of the
432	facility administrator or designee, for an order authorizing the
433	continued treatment of the client or conditional releasee. In
434	the interim, the need for treatment shall be reviewed every 48
435	hours and may be continued without the consent of the client or
436	conditional releasee upon the continued written order of a
437	physician who has determined that the emergency situation
438	continues to present a danger to the safety of the client, the
439	conditional releasee, or others.
440	2.  In a situation other than an emergency situation, the
441	administrator or designee of the civil or forensic facility,
442	crisis stabilization unit, or short-term residential
443	facility shall petition the court for an order
444	necessary and essential treatment for the client or conditional
445	releasee.
446	a.  If the client has been receiving psychotherapeutic
447	medication at the jail at the time of transfer to the state
448	forensic mental health treatment facility and lacks the capacity
449	to make an informed decision regarding mental health treatment
450	at the time of admission, the admitting physician may order a
451	continuation of the psychotherapeutic medication if, in the
452	clinical judgment of the physician, abrupt cessation of the
453	psychotherapeutic medication could cause a risk to the health
454	and safety of the client during the time a court order to
455	medicate is pursued. The jail physician shall provide a current
456	psychotherapeutic medication order at the time of transfer to
457	the state mental health treatment facility.
458	b.  The court order shall allow such treatment for up to a
459	period not to exceed 90 days after following the date of the
460	entry of the order. Unless the court is notified in writing that
461	the client or conditional releasee has provided express and
462	informed consent in writing or that he or she the client has
463	been discharged by the committing court, the administrator or
464	designee shall, before prior to the expiration of the initial
465	90-day order, petition the court for an order authorizing the
466	continuation of treatment for another 90 days 90-day period.
467	This procedure shall be repeated until the client or conditional
468	releasee provides consent or is discharged by the committing
469	court.
470	3.  At the hearing on the issue of whether the court should
471	enter an order authorizing treatment for which a client or
472	conditional releasee was unable to or refused to give express
473	and informed consent, the court shall determine by clear and
474	convincing evidence that the client or conditional releasee has
475	mental illness, retardation, or autism, that the treatment not
476	consented to is essential to his or her the care of the client,
477	and that the treatment not consented to is not experimental and
478	does not present an unreasonable risk of serious, hazardous, or
479	irreversible side effects. In arriving at the substitute
480	judgment decision, the court must consider at least the
481	following factors:
482	a.  The individual's client's expressed preference
483	regarding treatment;
484	b.  The probability of adverse side effects;
485	c.  The prognosis without treatment; and
486	d.  The prognosis with treatment.
487
488	The hearing shall be as convenient to the client or conditional
489	releasee as may be consistent with orderly procedure and shall
490	be conducted in physical settings not likely to be injurious to
491	his or her the client's condition. The court may appoint a
492	general or special magistrate to preside at the hearing. The
493	client or conditional releasee or his or her the client's
494	guardian, and the representative, shall be provided with a copy
495	of the petition and the date, time, and location of the hearing.
496	The client or conditional releasee has the right to have an
497	attorney represent him or her at the hearing, and, if the client
498	or conditional releasee is indigent, the court shall appoint the
499	office of the public defender to represent him or her the client
500	at the hearing. The client or conditional releasee may testify
501	or not, as he or she chooses, and has the right to cross-examine
502	witnesses and may present his or her own witnesses.
503	Section 8.  Section 916.111, Florida Statutes, is amended
504	to read:
505	916.111  Training of mental health experts.-The evaluation
506	of defendants for competency to proceed or for sanity at the
507	time of the commission of the offense shall be conducted in such
508	a way as to ensure uniform application of the criteria
509	enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
510	Procedure.
511	(1)  Appointed experts shall have completed forensic
512	evaluator training as specified in this section.
513	(2)  A forensic evaluator training course approved by the
514	department must be provided at least annually to ensure that
515	mental health professionals have the opportunity to be placed on
516	the department's forensic evaluator registry.
517	(a)  Beginning July 1, 2011, experts shall remain on the
518	registry if they have completed or retaken the required training
519	course within the previous 5 years. Those who have not completed
520	the training course must be removed from the registry and shall
521	not conduct evaluations for the courts.
522	(b)  A mental health professional who has completed the
523	training course within the previous 5 years must maintain
524	documentation of completion of the required training course and
525	provide current contact information to the department.
526	(3)  The department shall develop, and may contract with
527	accredited institutions:
528	(a)(1)  To provide:
529	1.(a)  A plan for training mental health professionals to
530	perform forensic evaluations and to standardize the criteria and
531	procedures to be used in these evaluations;
532	2.(b)  Clinical protocols and procedures based upon the
533	criteria of Rules 3.210 and 3.216, Florida Rules of Criminal
534	Procedure; and
535	3.(c)  Training for mental health professionals in the
536	application of these protocols and procedures in performing
537	forensic evaluations and providing reports to the courts; and
538	(b)(2)  To compile and maintain the necessary information
539	for evaluating the success of this program, including the number
540	of persons trained, the cost of operating the program, and the
541	effect on the quality of forensic evaluations as measured by
542	appropriateness of admissions to state forensic facilities and
543	to community-based care programs.
544	Section 9.  Subsection (1) of section 916.115, Florida
545	Statutes, is amended to read:
546	916.115  Appointment of experts.-
547	(1)  The court shall appoint no more than three experts to
548	determine the mental condition of a defendant in a criminal
549	case, including competency to proceed, insanity, involuntary
550	placement, and treatment. The experts may evaluate the defendant
551	in jail or in another appropriate local facility or in a
552	facility of the Department of Corrections.
553	(a)  To the extent possible, the appointed experts shall
554	have completed forensic evaluator training approved by the
555	department, and each shall be psychiatrists or a psychiatrist ,
556	licensed psychologists psychologist, or physician.
557	(b)  The department shall maintain and annually provide the
558	courts with a forensic evaluator registry list of available
559	mental health professionals who have completed the approved
560	training as experts.
561	Section 10.  Subsection (2) of section 916.13, Florida
562	Statutes, is amended to read:
563	916.13  Involuntary commitment of defendant adjudicated
564	incompetent.-
565	(2)  A defendant who has been charged with a felony and who
566	has been adjudicated incompetent to proceed due to mental
567	illness, and who meets the criteria for involuntary commitment
568	to the department under the provisions of this chapter, may be
569	committed to the department, and the department shall retain and
570	treat the defendant.
571	(a)  Within No later than 6 months after the date of
572	admission and at the end of any period of extended commitment,
573	or at any time the administrator or designee has shall have
574	determined that the defendant has regained competency to proceed
575	or no longer meets the criteria for continued commitment, the
576	administrator or designee shall file a report with the court
577	pursuant to the applicable Florida Rules of Criminal Procedure.
578	(b)  A competency hearing must be held within 30 days after
579	a court receives notification that the defendant is competent to
580	proceed or no longer meets criteria for continued commitment.
581	Section 11.  Section 916.15, Florida Statutes, is amended
582	to read:
583	916.15  Involuntary commitment of defendant adjudicated not
584	guilty by reason of insanity.-
585	(1)  The determination of whether a defendant is not guilty
586	by reason of insanity shall be determined in accordance with
587	Rule 3.217, Florida Rules of Criminal Procedure.
588	(2)  An acquittee A defendant who is acquitted of criminal
589	charges because of a finding of not guilty by reason of insanity
590	may be involuntarily committed pursuant to such finding if the
591	defendant has a mental illness and, because of the illness, is
592	manifestly dangerous to himself or herself or others.
593	(3)  Every acquittee defendant acquitted of criminal
594	charges by reason of insanity and found to meet the criteria for
595	involuntary commitment may be committed and treated in
596	accordance with the provisions of this section and the
597	applicable Florida Rules of Criminal Procedure. The department
598	shall admit an acquittee a defendant so adjudicated to an
599	appropriate facility or program for treatment and shall retain
600	and treat such acquittee defendant. No later than 6 months after
601	the date of admission, prior to the end of any period of
602	extended commitment, or at any time the administrator or
603	designee shall have determined that the acquittee defendant no
604	longer meets the criteria for continued commitment placement,
605	the administrator or designee shall file a report with the court
606	pursuant to the applicable Florida Rules of Criminal Procedure.
607	(4)  The commitment hearing must be held within 30 days
608	after the court receives notification that the acquittee no
609	longer meets the criteria for continued commitment placement.
610	(5)(4)  In all proceedings under this section, both the
611	acquittee defendant and the state shall have the right to a
612	hearing before the committing court. Evidence at such hearing
613	may be presented by the hospital administrator or the
614	administrator's designee as well as by the state and the
615	acquittee defendant. The acquittee has defendant shall have the
616	right to counsel at any such hearing. In the event that an
617	acquittee a defendant is determined to be indigent pursuant to
618	s. 27.52, the public defender shall represent the acquittee
619	defendant. The parties shall have access to the acquittee's
620	defendant's records at the treating facilities and may interview
621	or depose personnel who have had contact with the acquittee
622	defendant at the treating facilities.
623	Section 12.  Section 916.17, Florida Statutes, is amended
624	to read:
625	916.17  Conditional release.-
626	(1)  Except for an inmate currently serving a prison
627	sentence, the committing court may order a conditional release
628	of any defendant or acquittee in lieu of an involuntary
629	commitment to a facility pursuant to s. 916.13 or s. 916.15
630	based upon an approved plan for providing appropriate outpatient
631	care and treatment. Upon a recommendation that outpatient
632	treatment of the defendant or acquittee is appropriate, a
633	written plan for outpatient treatment, including recommendations
634	from qualified professionals, must be filed with the court, with
635	copies to all parties. Such a plan may also be submitted by the
636	defendant or acquittee and filed with the court with copies to
637	all parties. The plan shall include:
638	(a)  Special provisions for residential care or adequate
639	supervision of the defendant or acquittee.
640	(b)  Provisions for outpatient mental health services.
641	(c)  If appropriate, recommendations for auxiliary services
642	such as vocational training, educational services, or special
643	medical care.
644
645	In its order of conditional release, the court shall specify the
646	conditions of release based upon the release plan and shall
647	direct the appropriate agencies or persons to submit periodic
648	reports to the court regarding the defendant's or acquittee's
649	compliance with the conditions of the release and progress in
650	treatment, with copies to all parties.
651	(2)  A defendant who otherwise meets the criteria for
652	involuntary commitment under s. 916.13, but whose current most
653	serious charge is a felony of the third degree or a felony of
654	the second degree when the felony did not involve violence, must
655	be placed in a community residential facility in a pilot program
656	site referenced in s. 394.4656(7), for competency restoration
657	unless bed space or funding is unavailable for the community
658	placement or the trial court makes an explicit finding that the
659	defendant cannot be safely managed in such a placement. In
660	making such finding, the court shall consider all of the
661	following:
662	(a)  The nature and seriousness of the crime allegedly
663	committed.
664	(b)  The individual's criminal history.
665	(c)  The individual's psychiatric history.
666	(d)  The individual's history of violent behavior or
667	threats of violent behavior and risk of harm to self or others.
668	(e)  The likelihood that the individual will comply with
669	and benefit from the mental health treatment and services being
670	recommended.
671	(f)  The availability of appropriate community-based
672	services and treatment settings.
673	(g)  Other information considered relevant by the court.
674	(3)(2)  Upon the filing of an affidavit or statement under
675	oath by any person that the defendant or acquittee has failed to
676	comply with the conditions of release, that the defendant's or
677	acquittee's condition has deteriorated to the point that
678	inpatient care is required, or that the release conditions
679	should be modified, the court shall hold a hearing within 7 days
680	after receipt of the affidavit or statement under oath. After
681	the hearing, the court may modify the release conditions. The
682	court may also order that the defendant or acquittee be returned
683	to the department if it is found, after the appointment and
684	report of experts, that the person meets the criteria for
685	involuntary commitment under s. 916.13 or s. 916.15.
686	(4)(3)  If at any time it is determined after a hearing
687	that the defendant who has been conditionally released under
688	subsection (1) no longer requires court-supervised followup
689	care, the court shall terminate its jurisdiction in the cause
690	and discharge the defendant or acquittee.
691	Section 13.  Subsection (1) of section 985.19, Florida
692	Statutes, is amended to read:
693	985.19  Incompetency in juvenile delinquency cases.-
694	(1)  If, at any time prior to or during a delinquency case,
695	the court has reason to believe that the child named in the
696	petition may be incompetent to proceed with the hearing, the
697	court on its own motion may, or on the motion of the child's
698	attorney or state attorney must, stay all proceedings and order
699	an evaluation of the child's mental condition.
700	(a)  Any motion questioning the child's competency to
701	proceed must be served upon the child's attorney, the state
702	attorney, the attorneys representing the department of Juvenile
703	Justice, and the attorneys representing the Department of
704	Children and Family Services. Thereafter, any motion, notice of
705	hearing, order, or other legal pleading relating to the child's
706	competency to proceed with the hearing must be served upon the
707	child's attorney, the state attorney, the attorneys representing
708	the department of Juvenile Justice, and the attorneys
709	representing the Department of Children and Family Services.
710	(b)  All determinations of competency must shall be made at
711	a hearing, with findings of fact based on an evaluation of the
712	child's mental condition made by at least not less than two but
713	not nor more than three experts appointed by the court. The
714	basis for the determination of incompetency must be specifically
715	stated in the evaluation and must be conducted so as to ensure
716	uniform application of the criteria enumerated in Rule 8.095,
717	Florida Rules of Juvenile Procedure. In addition, A
718	recommendation as to whether residential or nonresidential
719	treatment or training is required must be included in the
720	evaluation. Experts appointed by the court to determine the
721	mental condition of a child shall be allowed reasonable fees for
722	services rendered. State employees may be paid expenses pursuant
723	to s. 112.061. The fees shall be taxed as costs in the case.
724	(c)  All court orders determining incompetency must include
725	specific written findings by the court as to the nature of the
726	incompetency and whether the child requires a secure or
727	nonsecure treatment or training environment environments.
728	(d)  The evaluation of juveniles for competency to proceed
729	shall be conducted in a manner that ensures the uniform
730	application of the criteria in Rule 8.095, Florida Rules of
731	Juvenile Procedure. The Department of Children and Family
732	Services shall develop the following:
733	1.  A plan for training mental health professionals to
734	perform forensic evaluations and for standardizing the criteria
735	and procedures to be used in such evaluations.
736	2.  Clinical protocols and procedures based on the criteria
737	in Rule 8.095, Florida Rules of Juvenile Procedure.
738	3.  Training for mental health professionals in the
739	application of these protocols and procedures for performing
740	forensic evaluations and providing reports to the courts.
741	4.  Procedures for evaluating the success of the program,
742	including the number of persons trained, the cost of operating
743	the program, and the effect on the quality of forensic
744	evaluations as measured by the appropriateness of admissions to
745	the Department of Children and Family Services' juvenile
746	competent-to-proceed programs.
747	(e)(d)  For competency incompetency evaluations related to
748	mental illness, the Department of Children and Family Services
749	shall maintain and annually provide the courts with a forensic
750	evaluator registry list of available mental health professionals
751	who have completed the approved a training as experts pursuant
752	to this section program approved by the Department of Children
753	and Family Services to perform the evaluations. To the extent
754	possible, the appointed expert shall be a psychiatrist or
755	licensed psychologist.
756	(f)  Appointed experts shall have completed forensic
757	evaluator training as follows:
758	1.  A forensic evaluator training course approved by the
759	Department of Children and Family Services must be provided at
760	least annually to ensure that mental health professionals have
761	an opportunity to be placed on the registry.
762	2.  Beginning July 1, 2011, experts shall remain on the
763	registry if they have completed or retaken the required training
764	within the previous 5 years. Those who have not completed the
765	required training within the previous 5 years must be removed
766	from the registry and shall not conduct evaluations for the
767	courts.
768	3.  A mental health professional who has completed the
769	training course within the previous 5 years must maintain
770	documentation of having completed the required training and
771	provide current contact information to the Department of
772	Children and Family Services.
773	(g)(e)  For competency incompetency evaluations related to
774	mental retardation or autism, the court shall order the Agency
775	for Persons with Disabilities to examine the child to determine
776	if the child meets the definition of "retardation" or "autism"
777	in s. 393.063 and, if so, whether the child is competent to
778	proceed with delinquency proceedings.
779	(h)(f)  A child is competent to proceed if the child has
780	sufficient present ability to consult with counsel with a
781	reasonable degree of rational understanding and the child has a
782	rational and factual understanding of the present proceedings.
783	The report must address the child's capacity to:
784	1.  Appreciate the charges or allegations against the
785	child.
786	2.  Appreciate the range and nature of possible penalties
787	that may be imposed in the proceedings against the child, if
788	applicable.
789	3.  Understand the adversarial nature of the legal process.
790	4.  Disclose to counsel facts pertinent to the proceedings
791	at issue.
792	5.  Display appropriate courtroom behavior.
793	6.  Testify relevantly.
794	(i)(g)  Immediately upon the filing of the court order
795	finding a child incompetent to proceed, the clerk of the court
796	shall notify the Department of Children and Family Services and
797	the Agency for Persons with Disabilities and fax or hand deliver
798	to the department and to the agency a referral packet that
799	includes, at a minimum, the court order, the charging documents,
800	the petition, and the court-appointed evaluator's reports.
801	(j)(h)  After placement of the child in the appropriate
802	setting, the Department of Children and Family Services in
803	consultation with the Agency for Persons with Disabilities, as
804	appropriate, must, within 30 days after placement of the child,
805	prepare and submit to the court a treatment or training plan for
806	the child's restoration of competency. A copy of the plan must
807	be served upon the child's attorney, the state attorney, and the
808	attorneys representing the Department of Juvenile Justice.
809	Section 14.  This act shall take effect July 1, 2010.

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