Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 522
       
       
       
       
       
       
                                Ì387996rÎ387996                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2014           .                                
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       following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (1), (3), (7), and (11) of section
    7  394.912, Florida Statutes, are amended, and paragraph (i) is
    8  added to subsection (9) of that section, to read:
    9         394.912 Definitions.—As used in this part, the term:
   10         (1) “Agency with jurisdiction” means the entity agency that
   11  releases, upon lawful order or authority, a person who is
   12  serving a sentence in the custody of the Department of
   13  Corrections, a person who was adjudicated delinquent and is
   14  committed to the custody of the Department of Juvenile Justice,
   15  or a person who was involuntarily committed to the custody of
   16  the Department of Children and Families Family Services upon an
   17  adjudication of not guilty by reason of insanity, or a person
   18  who is serving a sentence in a county or municipal jail for a
   19  sexually violent offense as defined in paragraph (9)(i).
   20         (3) “Department” means the Department of Children and
   21  Families Family Services.
   22         (7) “Secretary” means the secretary of the Department of
   23  Children and Families Family Services.
   24         (9) “Sexually violent offense” means:
   25         (i) A criminal offense in which the state attorney refers a
   26  person to the department for civil commitment proceedings
   27  pursuant to s. 394.9125.
   28         (11) “Total confinement” means that the person is currently
   29  being held in any physically secure facility being operated or
   30  contractually operated for the Department of Corrections, the
   31  Department of Juvenile Justice, or the Department of Children
   32  and Families Family Services. A person shall also be deemed to
   33  be in total confinement for applicability of provisions under
   34  this part if:
   35         (a) The person is serving an incarcerative sentence under
   36  the custody of the Department of Corrections or the Department
   37  of Juvenile Justice and is being held in any other secure
   38  facility for any reason;
   39         (b) The person is serving a sentence in a county or
   40  municipal jail for a sexually violent offense as defined in
   41  paragraph (9)(i); or
   42         (c) A court or the agency with jurisdiction determines that
   43  the person who is being held should have been lawfully released
   44  at an earlier date and that the provisions of this part would
   45  have been applicable to the person on the date that he or she
   46  should have been lawfully released.
   47         Section 2. Section 394.9125, Florida Statutes, is created
   48  to read:
   49         394.9125 State attorney; authority to refer a person for
   50  civil commitment.—
   51         (1) A state attorney shall refer a person to the department
   52  for civil commitment proceedings if:
   53         (a) The state attorney receives an arrest alert on the
   54  person pursuant to s. 394.926(3); and
   55         (b) The person is subsequently sentenced to a term of
   56  imprisonment in a county or municipal jail for any criminal
   57  offense.
   58         (2) A state attorney may refer a person to the department
   59  for civil commitment proceedings if the person:
   60         (a) Is required to register as a sexual offender pursuant
   61  to s. 943.0435;
   62         (b) Has previously been convicted of a sexually violent
   63  offense as defined in s. 394.912(9)(a)-(h); and
   64         (c) Has been sentenced to a term of imprisonment in a
   65  county or municipal jail for any criminal offense.
   66         (3) A state attorney who refers a person for civil
   67  commitment pursuant to subsection (1) or subsection (2) shall
   68  notify the county or municipal jail to which the person has been
   69  sentenced within 24 hours after the referral is made.
   70         (4)(a) If a person is sentenced to a term of imprisonment
   71  in a county or municipal jail but is not subsequently totally
   72  confined in the jail due to receiving credit for time served,
   73  the state attorney may file a petition with the circuit court
   74  within 120 hours after such person’s sentencing proceeding
   75  requesting the court to order such person into the department’s
   76  custody for purposes of initiating civil commitment proceedings.
   77         (b) If the judge determines that there is probable cause to
   78  believe that the person should have been referred to the
   79  department pursuant to subsection (1) or subsection (2) but that
   80  the referral was not made because the person was not totally
   81  confined in a county or municipal jail due to receiving credit
   82  for time served, the judge shall order that the person be taken
   83  into custody and delivered to the custody of the department for
   84  civil commitment proceedings.
   85         Section 3. Section 394.913, Florida Statutes, is amended to
   86  read:
   87         394.913 Notice to state attorney and multidisciplinary team
   88  of release of sexually violent predator; establishing
   89  multidisciplinary teams; information to be provided to
   90  multidisciplinary teams.—
   91         (1) The agency with jurisdiction over a person who has been
   92  convicted of a sexually violent offense shall give written
   93  notice to the multidisciplinary team, and shall provide a copy
   94  of the notice to the state attorney of the circuit in which
   95  where that person was last convicted of a sexually violent
   96  offense. If the person has never been convicted of a sexually
   97  violent offense in this state but has been convicted of a
   98  sexually violent offense in another state or in federal court,
   99  the agency with jurisdiction shall give written notice to the
  100  multidisciplinary team and a copy to the state attorney of the
  101  circuit in which where the person was last convicted of any
  102  offense in this state. If the person is being confined in this
  103  state pursuant to interstate compact and has a prior or current
  104  conviction for a sexually violent offense, the agency with
  105  jurisdiction shall give written notice to the multidisciplinary
  106  team and shall provide a copy to the state attorney of the
  107  circuit in which where the person plans to reside upon release
  108  or, if no residence in this state is planned, the state attorney
  109  in the circuit in which where the facility from which the person
  110  to be released is located. Except as provided in s. 394.9135,
  111  the written notice must be given:
  112         (a) At least 545 days before prior to the anticipated
  113  release from total confinement of a person serving a sentence in
  114  the custody of the Department of Corrections, except that in the
  115  case of a person persons who is are totally confined for a
  116  period of less than 545 days, written notice must be given as
  117  soon as practicable;
  118         (b) At least 180 days before prior to the anticipated
  119  release from residential commitment of a person committed to the
  120  custody of the Department of Juvenile Justice, except that in
  121  the case of a person persons who is are committed to a low or
  122  moderate risk facility, written notice must be given as soon as
  123  practicable; or
  124         (c) At least 180 days before prior to the anticipated
  125  hearing regarding possible release of a person committed to the
  126  custody of the department who has been found not guilty by
  127  reason of insanity or mental incapacity of a sexually violent
  128  offense; or.
  129         (d) At least 180 days before the anticipated release from
  130  total confinement of a person serving a sentence in a county or
  131  municipal jail, except that in the case of a person who is
  132  totally confined for a period of less than 180 days, written
  133  notice must be given as soon as practicable.
  134         (2) The agency having jurisdiction shall provide the
  135  multidisciplinary team with the following information:
  136         (a) The person’s name; identifying characteristics;
  137  anticipated future residence; the type of supervision the person
  138  will receive in the community, if any; and the person’s offense
  139  history;
  140         (b) The person’s criminal history, including police
  141  reports, victim statements, presentence investigation reports,
  142  postsentence investigation reports, if available, and any other
  143  documents containing facts of the person’s criminal incidents or
  144  indicating whether the criminal incidents included sexual acts
  145  or were sexually motivated;
  146         (c) Mental health, mental status, and medical records,
  147  including all clinical records and notes concerning the person;
  148         (d) Documentation of institutional adjustment and any
  149  treatment received and, in the case of an adjudicated delinquent
  150  committed to the Department of Juvenile Justice, copies of the
  151  most recent performance plan and performance summary; and
  152         (e) If the person was returned to custody after a period of
  153  supervision, documentation of adjustment during supervision and
  154  any treatment received.
  155         (3)(a) The secretary or his or her designee shall establish
  156  a multidisciplinary team or teams.
  157         (b) Each team shall include, but need is not be limited to,
  158  two licensed psychiatrists or psychologists or one licensed
  159  psychiatrist and one licensed psychologist.
  160         (c) The multidisciplinary team shall assess and evaluate
  161  each person referred to the team. The assessment and evaluation
  162  must shall include a review of the person’s institutional
  163  history and treatment record, if any, the person’s criminal
  164  background, and any other factor that is relevant to the
  165  determination of whether the such person is a sexually violent
  166  predator.
  167         (d) The multidisciplinary team may consult with law
  168  enforcement agencies and victim advocate groups during the
  169  assessment and evaluation process. A clinical evaluation of the
  170  person may be conducted. A second clinical evaluation must be
  171  conducted if a member of the multidisciplinary team questions
  172  the conclusion of the first clinical evaluation. All members of
  173  the multidisciplinary team shall review, at a minimum, the
  174  information provided in subsection (2) and any clinical
  175  evaluation before making a recommendation pursuant to paragraph
  176  (f).
  177         (e)(c) Before recommending that a person meets the
  178  definition of a sexually violent predator, the person must be
  179  offered a personal interview. If the person agrees to
  180  participate in a personal interview, at least one member of the
  181  team who is a licensed psychiatrist or psychologist must conduct
  182  a personal interview of the person. If the person refuses to
  183  fully participate in a personal interview, the multidisciplinary
  184  team may proceed with its recommendation without the a personal
  185  interview of the person.
  186         (f) After all clinical evaluations have been completed, the
  187  department shall provide to the state attorney a written
  188  assessment and recommendation as to whether the person meets the
  189  definition of a sexually violent predator.
  190         1. The department must recommend that the state attorney
  191  file a petition for civil commitment if at least two members of
  192  the multidisciplinary team determine that the person meets the
  193  definition of a sexually violent predator.
  194         2. When the department determines that a person who has
  195  received a clinical evaluation does or does not meet the
  196  definition of a sexually violent predator, the written
  197  assessment and recommendation shall be sent to the state
  198  attorney. If the state attorney questions, in writing, the
  199  determination that the person does or does not meet the
  200  definition of a sexually violent predator, the multidisciplinary
  201  team must reexamine the case before a final written assessment
  202  and recommendation is provided to the state attorney.
  203         (g)(d) The Attorney General’s Office shall serve as legal
  204  counsel to the multidisciplinary team.
  205         (h)(e)1.After all clinical evaluations have been
  206  completed, but at least 1 month before the person’s scheduled
  207  release date, if the referral date is at least 90 days before
  208  the person’s expiration of sentence, the multidisciplinary team
  209  shall provide to the state attorney Within 180 days after
  210  receiving notice, there shall be a written assessment and
  211  recommendation as to whether the person meets the definition of
  212  a sexually violent predator and a written recommendation, which
  213  shall be provided to the state attorney. If the referral date is
  214  less than 90 days before the person’s expiration of sentence,
  215  the multidisciplinary team shall provide to the state attorney a
  216  written assessment and recommendation as to whether the person
  217  meets the definition of a sexually violent predator as soon as
  218  is practicable before the person’s expiration of sentence. The
  219  written recommendation shall be provided by the Department of
  220  Children and Families Family Services and must shall include the
  221  written report of the multidisciplinary team.
  222         2. Notwithstanding subparagraph 1., in the case of a person
  223  for whom the written assessment and recommendation has not been
  224  completed at least 365 days before his or her release from total
  225  confinement, the department shall prioritize the assessment of
  226  that person based upon the person’s release date.
  227         (4) The multidisciplinary team shall give equal
  228  consideration in the evaluation and assessment of an offender
  229  whose sexually violent offense was an attempt, criminal
  230  solicitation, or conspiracy, in violation of s. 777.04, to
  231  commit a sexually violent offense enumerated in s. 394.912(9) as
  232  it does in the evaluation and assessment of an offender who
  233  completed such an enumerated sexually violent offense. A rule or
  234  policy may not be established which reduces the level of
  235  consideration because the sexually violent offense was an
  236  attempt, criminal solicitation, or conspiracy.
  237         (5)(4)The provisions of This section is are not
  238  jurisdictional, and failure to comply with it them in no way
  239  prevents the state attorney from proceeding against a person
  240  otherwise subject to the provisions of this part.
  241         Section 4. Section 394.9135, Florida Statutes, is amended
  242  to read:
  243         394.9135 Immediate releases from total confinement;
  244  transfer of person to department; time limitations on
  245  assessment, notification, and filing petition to hold in
  246  custody; filing petition after release; order into custody of
  247  department after release.—
  248         (1)(a) If the anticipated release from total confinement of
  249  a person who has been convicted of a sexually violent offense
  250  becomes immediate for any reason, the agency with jurisdiction
  251  shall upon immediate release from total confinement transfer
  252  that person to the custody of the department of Children and
  253  Family Services to be held in an appropriate secure facility.
  254         (b) If a person who committed a sexually violent offense
  255  and who is serving an incarcerative sentence under the custody
  256  of the Department of Corrections or the Department of Juvenile
  257  Justice is released from a local detention facility, the state
  258  attorney, as designated in s. 394.913, may file a petition with
  259  the circuit court within 120 hours after the person’s release
  260  alleging that:
  261         1. Section 394.913 or this section requires that the person
  262  be referred for consideration for civil commitment before
  263  release and the person was not referred because of a mistake,
  264  oversight, or intentional act; or
  265         2. The person was referred for commitment consideration
  266  but, through a mistake, oversight, or intentional act, was
  267  released rather than transferred to the custody of the
  268  Department of Children and Families as required by this part.
  269  
  270  If the judge determines that there is probable cause to believe
  271  that the person was released in contravention of s. 394.913 or
  272  this section, the judge shall order the person to be taken into
  273  custody and delivered to an appropriate secure facility
  274  designated by the Department of Children and Families.
  275         (2) Within 72 hours after transfer pursuant to paragraph
  276  (1)(a) or receipt into the department’s custody pursuant to
  277  paragraph (1)(b) or s. 394.9125(4), the multidisciplinary team
  278  shall assess whether the person meets the definition of a
  279  sexually violent predator as defined in s. 394.912. If at least
  280  two members of the multidisciplinary team, after all clinical
  281  evaluations have been conducted, determine determines that the
  282  person does not meet the definition of a sexually violent
  283  predator, that person shall be immediately released. If the
  284  multidisciplinary team determines that the person meets the
  285  definition of a sexually violent predator, the team shall
  286  provide the state attorney, as designated by s. 394.913, with
  287  its written assessment and recommendation within the 72-hour
  288  period or, if the 72-hour period ends after 5 p.m. on a working
  289  day or on a weekend or holiday, within the next working day
  290  thereafter.
  291         (3) Within 48 hours after receipt of the written assessment
  292  and recommendation from the multidisciplinary team, the state
  293  attorney, as designated in s. 394.913, may file a petition with
  294  the circuit court alleging that the person is a sexually violent
  295  predator and stating facts sufficient to support the such
  296  allegation. If a petition is not filed within 48 hours after
  297  receipt of the written assessment and recommendation by the
  298  state attorney, the person shall be immediately released, except
  299  that, if the 48-hour period ends after 5 p.m. on a working day
  300  or on a weekend or holiday, the petition may be filed on the
  301  next working day without resulting in the person’s release. If a
  302  petition is filed pursuant to this section and the judge
  303  determines that there is probable cause to believe that the
  304  person is a sexually violent predator, the judge shall order
  305  that the person be maintained in custody and held in an
  306  appropriate secure facility for further proceedings in
  307  accordance with this part.
  308         (4) The provisions of This section is are not
  309  jurisdictional, and failure to comply with the time limitations,
  310  which results in the release of a person who has been convicted
  311  of a sexually violent offense, is not dispositive of the case
  312  and does not prevent the state attorney from proceeding against
  313  a person otherwise subject to the provisions of this part.
  314         Section 5. Section 394.914, Florida Statutes, is amended to
  315  read:
  316         394.914 Petition; contents.—After Following receipt from
  317  the multidisciplinary team of the written assessment and
  318  positive or negative recommendation as to whether the person
  319  meets the definition of a sexually violent predator from the
  320  multidisciplinary team, the state attorney, in accordance with
  321  s. 394.913, may file a petition with the circuit court alleging
  322  that the person is a sexually violent predator and stating facts
  323  sufficient to support such allegation. A No fee may not shall be
  324  charged for the filing of a petition under this section.
  325         Section 6. Subsection (3) of section 394.918, Florida
  326  Statutes, is amended to read:
  327         394.918 Examinations; notice; court hearings for release of
  328  committed persons; burden of proof.—
  329         (3) The court shall hold a limited hearing to determine
  330  whether there is probable cause to believe that the person’s
  331  condition has so changed that it is safe for the person to be at
  332  large and that the person will not engage in acts of sexual
  333  violence if discharged. The person has the right to be
  334  represented by counsel at the probable cause hearing and the
  335  right, but the person is not entitled to be present. Both the
  336  petitioner and the respondent may present evidence that the
  337  court may weigh and consider. If the court determines that there
  338  is probable cause to believe it is safe to release the person,
  339  the court shall set a trial before the court on the issue.
  340         Section 7. Section 394.926, Florida Statutes, is amended to
  341  read:
  342         394.926 Notice to victims and others of release of persons
  343  in the custody of the department committed as sexually violent
  344  predators; notice to Department of Corrections and Parole
  345  Commission.—
  346         (1) As soon as is practicable, the department shall give
  347  written notice of the release of a person in the custody of the
  348  department committed as a sexually violent predator to any
  349  victim of the committed person who is alive and whose address is
  350  known to the department or, if the victim is deceased, to the
  351  victim’s family, if the family’s address is known to the
  352  department. Failure to notify is not a reason for postponement
  353  of release. This section does not create a cause of action
  354  against the state or an employee of the state acting within the
  355  scope of the employee’s employment as a result of the failure to
  356  notify pursuant to this part.
  357         (2) If a person in the custody of the department sexually
  358  violent predator who has an active or pending term of probation,
  359  community control, parole, conditional release, or other court
  360  ordered or postprison release supervision is released from
  361  custody, the department must immediately notify the Department
  362  of Corrections’ Office of Community Corrections in Tallahassee.
  363  The Parole Commission must also be immediately notified of any
  364  releases of a person sexually violent predator who has an active
  365  or pending term of parole, conditional release, or other
  366  postprison release supervision that is administered by the
  367  Parole Commission.
  368         (3) If a person in the custody of the department is
  369  released, the department must notify the Department of Law
  370  Enforcement and the sheriff of the county in which the person
  371  intends to reside, or if unknown, the sheriff of the county in
  372  which the person was last convicted.
  373         (4)(a) The department, in conjunction with the Department
  374  of Law Enforcement, shall enroll and maintain a sexually violent
  375  offender in the arrest notification program through the Florida
  376  Criminal Justice Network maintained by the Department of Law
  377  Enforcement upon such offender’s release from the department’s
  378  custody. Upon receiving an alert that a sexually violent
  379  offender has been arrested for a criminal offense subsequent to
  380  his or her release, the department must immediately notify the
  381  state attorney of the circuit in which the arrest occurred.
  382         (b) As used in this subsection, the term “sexually violent
  383  offender” means a person who has been committed to the
  384  department as a sexually violent predator or who has been in the
  385  department’s custody based upon a court finding of probable
  386  cause to believe the person is a sexually violent predator.
  387         Section 8. Section 394.931, Florida Statutes, is amended to
  388  read:
  389         394.931 Quarterly and annual reports.—Beginning July 1,
  390  1999, The Department of Corrections shall collect information
  391  and compile quarterly reports with statistics profiling inmates
  392  released the previous quarter who fit the criteria and were
  393  referred to the Department of Children and Families Family
  394  Services pursuant to this act. The quarterly reports must be
  395  produced beginning October 1, 1999. At a minimum, the
  396  information that must be collected and compiled for inclusion in
  397  the reports includes: whether the qualifying offense was the
  398  current offense or the prior offense; the offender’s most
  399  serious sexual offense; the total number of distinct victims of
  400  the sexual offense; whether the victim was known to the
  401  offender; whether the sexual act was consensual; whether the
  402  sexual act involved multiple victims; whether direct violence
  403  was involved in the sexual offense; the age of each victim at
  404  the time of the offense; the age of the offender at the time of
  405  the first sexual offense; whether a weapon was used; length of
  406  time since the most recent sexual offense; and the total number
  407  of prior and current sexual offense sexual-offense convictions.
  408  The Department of Corrections shall compile recidivism data on
  409  those referred, detained, or committed to the department In
  410  addition, the department of Children and Family Services shall
  411  implement a long-term study to determine the overall efficacy of
  412  the provisions of this part.
  413         Section 9. Subsection (14) is added to section 943.053,
  414  Florida Statutes, to read:
  415         943.053 Dissemination of criminal justice information;
  416  fees.—
  417         (14) Notwithstanding any other law, the department shall
  418  provide to the Sexually Violent Predator Program within the
  419  Department of Children and Families online access to the arrest
  420  notification program through the Florida Criminal Justice
  421  Network to be used solely in support of the duties of the
  422  Department of Children and Families as provided in s.
  423  394.926(4).
  424         Section 10. If any provision of this act or its application
  425  to any person or circumstance is held invalid, the invalidity
  426  does not affect other provisions or applications of this act
  427  which can be given effect without the invalid provision or
  428  application, and to this end the provisions of this act are
  429  severable.
  430  Section 11. This act shall take effect July 1, 2014.
  431  
  432  ================= T I T L E  A M E N D M E N T ================
  433  And the title is amended as follows:
  434         Delete everything before the enacting clause
  435  and insert:
  436                        A bill to be entitled                      
  437         An act relating to involuntary civil commitment of
  438         sexually violent predators; amending s. 394.912, F.S.;
  439         redefining terms; creating s. 394.9125, F.S.;
  440         authorizing and requiring a state attorney to refer
  441         certain persons for civil commitment under certain
  442         circumstances; requiring the state attorney to notify
  443         county and municipal jails of a referral within a
  444         specified timeframe; authorizing the state attorney to
  445         file a petition requesting that a person be taken into
  446         custody for civil commitment proceedings; requiring a
  447         judge to order a person into custody for civil
  448         commitment proceedings upon making specified findings;
  449         amending s. 394.913, F.S.; requiring the agency with
  450         jurisdiction over a person who has been convicted of a
  451         sexually violent offense to give written notice to the
  452         multidisciplinary team as soon as practicable after
  453         receipt into custody of such person in a county or
  454         municipal jail facility; authorizing the
  455         multidisciplinary team to consult with law enforcement
  456         agencies and victim advocate groups as part of the
  457         assessment and evaluation process; authorizing a
  458         clinical evaluation; requiring a second clinical
  459         evaluation under certain circumstances; requiring the
  460         Department of Children and Families to recommend that
  461         the state attorney file a civil commitment petition
  462         under certain circumstances; requiring the department
  463         to send a recommendation to the state attorney for
  464         further review under certain circumstances if a person
  465         does not meet the definition of a sexually violent
  466         predator; requiring the multidisciplinary team to
  467         reexamine the case under certain circumstances;
  468         revising the timeframes for the written assessment;
  469         requiring the multidisciplinary team to give equal
  470         consideration to an attempt, criminal solicitation, or
  471         conspiracy to commit certain offenses as it does to
  472         the commission of such offenses; amending s. 394.9135,
  473         F.S.; providing for certain released persons to be
  474         taken into custody by the Department of Children and
  475         Families; authorizing the state attorney to file,
  476         within a specific timeframe, a petition alleging that
  477         a person released from a local detention facility was
  478         not referred as required before release because of a
  479         mistake, oversight, or intentional act or was referred
  480         for commitment consideration but released rather than
  481         transferred to custody, as required, due to a mistake,
  482         oversight, or intentional act; requiring a judge to
  483         order that a person so released be taken into custody
  484         and delivered to an appropriate secure facility under
  485         certain circumstances; amending s. 394.914, F.S.;
  486         authorizing the state attorney to file a petition for
  487         civil commitment regardless of the multidisciplinary
  488         team’s recommendation; amending s. 394.918, F.S.,
  489         authorizing the petitioner and respondent to present
  490         evidence at a civil commitment probable cause hearing;
  491         amending s. 394.926, F.S.; requiring the department to
  492         provide written notice of placement of a person in the
  493         department’s custody to a victim of such person;
  494         requiring the department to notify the Department of
  495         Corrections, the Department of Law Enforcement, and
  496         the sheriff of the county in which such person intends
  497         to reside of the release of a sexually violent
  498         predator or a person who is in custody; requiring the
  499         Department of Children and Families to enroll certain
  500         persons in an arrest notification program and to
  501         notify the state attorney upon receiving an arrest
  502         alert; amending s. 394.931, F.S.; requiring the
  503         Department of Corrections to collect recidivism
  504         information; amending s. 943.053, F.S.; requiring the
  505         Department of Law Enforcement to provide the
  506         Department of Children and Families access to the
  507         arrest notification program; providing for
  508         severability; providing an effective date.