Florida Senate - 2014 SB 522
By Senator Grimsley
21-00489F-14 2014522__
1 A bill to be entitled
2 An act relating to involuntary civil commitment of
3 sexually violent predators; amending s. 394.913, F.S.;
4 requiring the agency with jurisdiction over a person
5 who has been convicted of a sexually violent offense
6 to give written notice to the multidisciplinary team
7 as soon as practicable after receipt into custody of
8 such person in a local detention facility; designating
9 certain licensed professionals as “primary members” of
10 the multidisciplinary team; expanding the membership
11 of the multidisciplinary team to include three
12 advisory members; requiring that advisory members
13 demonstrate certain qualifications; requiring the
14 primary members of the multidisciplinary team to
15 prepare a written assessment as to whether a person
16 who has been convicted of a sexually violent offense
17 meets the definition of a sexually violent predator
18 and to submit a written recommendation to the state
19 attorney; requiring the victim advocate to prepare a
20 victim impact statement; requiring the
21 multidisciplinary team to give equal consideration to
22 an attempt, criminal solicitation, or conspiracy to
23 commit certain offenses as it does to the commission
24 of such offenses; amending s. 394.9135, F.S.;
25 providing for certain released persons to be taken
26 into custody by the Department of Children and
27 Families; authorizing the state attorney to file,
28 within a specific timeframe, a petition alleging that
29 a person released from a local detention facility was
30 not referred as required before release because of a
31 mistake, oversight, or intentional act or was referred
32 for commitment consideration but released rather than
33 transferred to custody, as required, due to a mistake,
34 oversight, or intentional act; requiring a judge to
35 order that a person so released be taken into custody
36 and delivered to an appropriate secure facility under
37 certain circumstances; amending s. 394.926, F.S.;
38 requiring the department to provide written notice of
39 placement of a person in the department’s custody for
40 a commitment hearing to a victim of such person;
41 requiring the department to notify the Department of
42 Corrections of the release of a sexually violent
43 predator or a person who is in custody pending
44 sexually violent predator commitment proceedings;
45 requiring the Department of Children and Families to
46 send notification of the release of a sexually violent
47 predator, or a person who is in custody pending
48 sexually violent predator commitment proceedings, to
49 the sheriff of the county in which such person intends
50 to reside; amending s. 394.931, F.S.; requiring the
51 Department of Corrections to collect recidivism
52 information and prepare an annual report by a
53 specified date; specifying minimum requirements for
54 the report; requiring the department to provide
55 necessary information; amending s. 394.912, F.S.;
56 redefining the term “agency with jurisdiction” to
57 include an agency that releases certain persons from
58 the custody of a local detention facility; redefining
59 the term “total confinement” to include persons being
60 held in a local detention facility and certain persons
61 held in custody beyond their lawful release date;
62 providing severability; providing an effective date.
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. Section 394.913, Florida Statutes, is amended to
67 read:
68 394.913 Notice to state attorney and multidisciplinary team
69 of release of sexually violent predator; establishing
70 multidisciplinary teams; information to be provided to
71 multidisciplinary teams; requirement for recommendation and
72 victim impact statement.—
73 (1) The agency with jurisdiction over a person who has been
74 convicted of a sexually violent offense shall give written
75 notice to the multidisciplinary team, and shall provide a copy
76 of the notice to the state attorney of the circuit in which
77 where that person was last convicted of a sexually violent
78 offense. If the person has never been convicted of a sexually
79 violent offense in this state but has been convicted of a
80 sexually violent offense in another state or in federal court,
81 the agency with jurisdiction shall give written notice to the
82 multidisciplinary team and a copy to the state attorney of the
83 circuit in which where the person was last convicted of any
84 offense in this state. If the person is being confined in this
85 state pursuant to interstate compact and has a prior or current
86 conviction for a sexually violent offense, the agency with
87 jurisdiction shall give written notice to the multidisciplinary
88 team and shall provide a copy to the state attorney of the
89 circuit in which where the person plans to reside upon release
90 or, if no residence in this state is planned, the state attorney
91 in the circuit in which where the facility from which the person
92 to be released is located. Except as provided in s. 394.9135,
93 the written notice shall must be given:
94 (a) At least 545 days before prior to the anticipated
95 release from total confinement of a person serving a sentence in
96 the custody of the Department of Corrections, except that in the
97 case of a person persons who is are totally confined for a
98 period of less than 545 days, written notice must be given as
99 soon as practicable;
100 (b) As soon as practicable after receipt into custody of a
101 person who is sentenced to confinement in a local detention
102 facility;
103 (c)(b) At least 180 days before prior to the anticipated
104 release from residential commitment of a person committed to the
105 custody of the Department of Juvenile Justice, except that in
106 the case of a person persons who is are committed to a low or
107 moderate risk facility, written notice must be given as soon as
108 practicable; or
109 (d)(c) At least 180 days before prior to the anticipated
110 hearing regarding possible release of a person committed to the
111 custody of the department who has been found not guilty by
112 reason of insanity or mental incapacity of a sexually violent
113 offense.
114 (2) The agency having jurisdiction shall provide the
115 multidisciplinary team with the following information:
116 (a) The person’s name; identifying characteristics;
117 anticipated future residence; the type of supervision the person
118 will receive in the community, if any; and the person’s offense
119 history;
120 (b) The person’s criminal history, including police
121 reports, victim statements, presentence investigation reports,
122 postsentence investigation reports, if available, and any other
123 documents containing facts of the person’s criminal incidents or
124 indicating whether the criminal incidents included sexual acts
125 or were sexually motivated;
126 (c) Mental health, mental status, and medical records,
127 including all clinical records and notes concerning the person;
128 (d) Documentation of institutional adjustment and any
129 treatment received and, in the case of an adjudicated delinquent
130 committed to the Department of Juvenile Justice, copies of the
131 most recent performance plan and performance summary; and
132 (e) If the person was returned to custody after a period of
133 supervision, documentation of adjustment during supervision and
134 any treatment received.
135 (3)(a) The secretary or his or her designee shall establish
136 a multidisciplinary team or teams.
137 (b) Each team shall include, but need is not be limited to,
138 two licensed psychiatrists or psychologists or one licensed
139 psychiatrist and one licensed psychologist as primary members.
140 The team shall include as advisory members an assistant state
141 attorney with at least 5 years’ experience prosecuting sexual
142 offenses; a certified law enforcement officer with at least 10
143 years’ experience investigating sexual offenses; and a victim
144 advocate who has a master’s or doctoral degree in social work,
145 psychology, sociology, or a related field and at least 5 years’
146 experience representing victims of sexual violence. The
147 multidisciplinary team shall assess and evaluate each person
148 referred to the team. The assessment and evaluation must shall
149 include a review of the person’s institutional history and
150 treatment record, if any, the person’s criminal background, and
151 any other factor that is relevant to the determination of
152 whether the such person is a sexually violent predator.
153 (c) Before recommending that a person meets the definition
154 of a sexually violent predator, the person must be offered a
155 personal interview. If the person agrees to participate in a
156 personal interview, at least one member of the team who is a
157 licensed psychiatrist or psychologist must conduct a personal
158 interview of the person. If the person refuses to fully
159 participate in a personal interview, the multidisciplinary team
160 may proceed with its recommendation without the a personal
161 interview of the person.
162 (d) The Attorney General’s Office shall serve as legal
163 counsel to the multidisciplinary team.
164 (e)1. Within 180 days after receiving notice, the primary
165 members shall prepare there shall be a written assessment as to
166 whether the person meets the definition of a sexually violent
167 predator and make a written recommendation, which shall be
168 provided by the department to the state attorney. The written
169 recommendation shall be provided by the Department of Children
170 and Family Services and shall include the written report of the
171 primary members of the multidisciplinary team, as well as a
172 victim impact statement prepared by the victim’s advocate.
173 2. Notwithstanding subparagraph 1., in the case of a person
174 for whom the written assessment and recommendation has not been
175 completed at least 365 days before his or her release from total
176 confinement, the department shall prioritize the assessment of
177 that person based upon the person’s release date.
178 (4) The multidisciplinary team shall give equal
179 consideration in the evaluation and assessment of an offender
180 whose sexually violent offense was an attempt, criminal
181 solicitation, or conspiracy, in violation of s. 777.04, to
182 commit a sexually violent offense enumerated in s. 394.912(9) as
183 it does in the evaluation and assessment of an offender who
184 completed such an enumerated sexually violent offense. A rule or
185 policy may not be established which reduces the level of
186 consideration because the sexually violent offense was an
187 attempt, criminal solicitation, or conspiracy.
188 (5)(4) The provisions of This section is are not
189 jurisdictional, and failure to comply with it them in no way
190 prevents the state attorney from proceeding against a person
191 otherwise subject to the provisions of this part.
192 Section 2. Section 394.9135, Florida Statutes, is amended
193 to read:
194 394.9135 Immediate releases from total confinement;
195 transfer of person to department; time limitations on
196 assessment, notification, and filing petition to hold in
197 custody; filing petition after release; order into custody of
198 department after release.—
199 (1)(a) If the anticipated release from total confinement of
200 a person who has been convicted of a sexually violent offense
201 becomes immediate for any reason, the agency with jurisdiction
202 shall upon immediate release from total confinement transfer
203 that person to the custody of the department of Children and
204 Family Services to be held in an appropriate secure facility.
205 (b) If a person who committed a sexually violent offense
206 and who is serving an incarcerative sentence under the custody
207 of the Department of Corrections or the Department of Juvenile
208 Justice is released from a local detention facility, the state
209 attorney, as designated in s. 394.913, may file a petition with
210 the circuit court within 120 hours after the person’s release
211 alleging that:
212 1. Section 394.913 or this section requires that the person
213 be referred for consideration for civil commitment before
214 release and the person was not referred because of mistake,
215 oversight, or intentional act; or
216 2. The person was referred for commitment consideration
217 and, through mistake, oversight, or intentional act, was
218 released rather than transferred to the custody of the
219 Department of Children and Families as required by this part.
220
221 If the judge determines that there is probable cause to believe
222 the person was released in contravention of s. 394.913 or this
223 section, the judge shall order the person to be taken into
224 custody and delivered to an appropriate secure facility
225 designated by the Department of Children and Families.
226 (2) Within 72 hours after transfer pursuant to paragraph
227 (1)(a) or receipt into the department’s custody pursuant to
228 paragraph (1)(b), the multidisciplinary team shall assess
229 whether the person meets the definition of a sexually violent
230 predator as defined in s. 394.912. If the multidisciplinary team
231 determines that the person does not meet the definition of a
232 sexually violent predator, that person shall be immediately
233 released. If the multidisciplinary team determines that the
234 person meets the definition of a sexually violent predator, the
235 team shall provide the state attorney, as designated by s.
236 394.913, with its written assessment and recommendation within
237 the 72-hour period or, if the 72-hour period ends after 5 p.m.
238 on a working day or on a weekend or holiday, within the next
239 working day thereafter.
240 (3) Within 48 hours after receipt of the written assessment
241 and recommendation from the multidisciplinary team, the state
242 attorney, as designated in s. 394.913, may file a petition with
243 the circuit court alleging that the person is a sexually violent
244 predator and stating facts sufficient to support the such
245 allegation. If a petition is not filed within 48 hours after
246 receipt of the written assessment and recommendation by the
247 state attorney, the person shall be immediately released, except
248 that, if the 48-hour period ends after 5 p.m. on a working day
249 or on a weekend or holiday, the petition may be filed on the
250 next working day without resulting in the person’s release. If a
251 petition is filed pursuant to this section and the judge
252 determines that there is probable cause to believe that the
253 person is a sexually violent predator, the judge shall order
254 that the person be maintained in custody and held in an
255 appropriate secure facility for further proceedings in
256 accordance with this part.
257 (4) The provisions of This section is are not
258 jurisdictional, and failure to comply with the time limitations,
259 which results in the release of a person who has been convicted
260 of a sexually violent offense, is not dispositive of the case
261 and does not prevent the state attorney from proceeding against
262 a person otherwise subject to the provisions of this part.
263 Section 3. Section 394.926, Florida Statutes, is amended to
264 read:
265 394.926 Notice to victims of release of persons committed
266 as sexually violent predators or in custody for commitment
267 proceedings; notice to Department of Corrections and Parole
268 Commission; notice to sheriff.—
269 (1) As soon as is practicable, the department shall give
270 written notice of the release of a person who is committed as a
271 sexually violent predator, or who is in the department’s custody
272 based upon a court finding of probable cause to believe that the
273 person is a sexually violent predator, to any victim of the
274 committed person who is alive and whose address is known to the
275 department or, if the victim is deceased, to the victim’s
276 family, if the family’s address is known to the department.
277 Failure to notify is not a reason for postponement of release.
278 This section does not create a cause of action against the state
279 or an employee of the state acting within the scope of the
280 employee’s employment as a result of the failure to notify
281 pursuant to this part.
282 (2) The department shall immediately give written notice to
283 the Department of Corrections’ Office of Community Corrections
284 of the release of a person who is committed as If a sexually
285 violent predator, or who is in the department’s custody based
286 upon a court finding of probable cause to believe that the
287 person is a sexually violent predator, who has an active or
288 pending term of probation, community control, parole,
289 conditional release, or other court-ordered or postprison
290 release supervision is released from custody, the department
291 must immediately notify the Department of Corrections’ Office of
292 Community Corrections in Tallahassee. The Parole Commission must
293 also be immediately notified of the release any releases of any
294 such a sexually violent predator who has an active or pending
295 term of parole, conditional release, or other postprison release
296 supervision that is administered by the Parole Commission.
297 (3) The department shall give written notice of the release
298 of a person who is committed as a sexually violent predator, or
299 who is in the department’s custody based upon a court finding of
300 probable cause to believe that the person is a sexually violent
301 predator, to the sheriff of the county in which the person
302 intends to reside or, if unknown, the sheriff of the county in
303 which the person was last convicted.
304 Section 4. Section 394.931, Florida Statutes, is amended to
305 read:
306 394.931 Quarterly and annual reports.—
307 (1) Beginning July 1, 1999, The Department of Corrections
308 shall collect information and compile quarterly reports with
309 statistics profiling inmates released the previous quarter who
310 fit the criteria and were referred to the Department of Children
311 and Families Family Services pursuant to this act. The quarterly
312 reports must be produced beginning October 1, 1999. At a
313 minimum, the information that must be collected and compiled for
314 inclusion in the reports includes: whether the qualifying
315 offense was the current offense or the prior offense; the
316 offender’s most serious sexual offense; the total number of
317 distinct victims of the sexual offense; whether the victim was
318 known to the offender; whether the sexual act was consensual;
319 whether the sexual act involved multiple victims; whether direct
320 violence was involved in the sexual offense; the age of each
321 victim at the time of the offense; the age of the offender at
322 the time of the first sexual offense; whether a weapon was used;
323 length of time since the most recent sexual offense; and the
324 total number of prior and current sexual offense sexual-offense
325 convictions. In addition, the department of Children and Family
326 Services shall implement a long-term study to determine the
327 overall efficacy of the provisions of this part.
328 (2)(a) Beginning July 1, 2014, the Department of
329 Corrections shall collect information necessary to produce an
330 annual report to the Legislature documenting recidivism rates
331 for offenders referred to and released from the civil
332 confinement facility. The Department of Children and Families
333 shall provide the necessary offender information to the
334 Department of Corrections to facilitate the recidivism report.
335 (b) The first report shall be submitted to the Legislature
336 by July 1, 2015, and annually thereafter. At a minimum, the
337 report must:
338 1. Separately report recidivism rates for persons released
339 from detention and for persons released from commitment;
340 2. Define recidivism as return to prison or community
341 supervision for a new sexual offense; and
342 3. Include an analysis of technical violations.
343 Section 5. Subsections (1) and (11) of section 394.912,
344 Florida Statutes, are amended to read:
345 394.912 Definitions.—As used in this part, the term:
346 (1) “Agency with jurisdiction” means:
347 (a) The agency that releases, upon lawful order or
348 authority, a person who is serving a sentence in the custody of
349 the Department of Corrections, a person who was adjudicated
350 delinquent and is committed to the custody of the Department of
351 Juvenile Justice, or a person who was involuntarily committed to
352 the custody of the Department of Children and Families Family
353 Services upon an adjudication of not guilty by reason of
354 insanity.
355 (b) The agency that releases, upon lawful order or
356 authority, a person who is serving a sentence in the custody of
357 a local detention facility for any offense other than a
358 violation of s. 316.193 or s. 832.05 and who is:
359 1. Designated as a sexual predator pursuant to s. 775.21 or
360 a sexual offender pursuant to s. 943.0435 as the result of being
361 convicted of a sexually violent offense; or
362 2. A person for whom the state attorney has provided the
363 agency with written notification that the person has been
364 convicted of committing a sexually violent offense;
365
366 unless the person is to be transferred or returned to total
367 confinement in the custody of the Department of Corrections, the
368 Department of Juvenile Justice, or the Department of Children
369 and Families.
370 (c) The agency that releases, upon lawful order or
371 authority, a person who is serving a sentence in the custody of
372 a local detention facility and for whom the state attorney has
373 provided the agency with written notification that, in the
374 opinion of the state attorney, the offense for which the person
375 is in custody was a sexually motivated offense.
376 (11) “Total confinement” means that the person is currently
377 being held in any physically secure facility being operated or
378 contractually operated for the Department of Corrections, the
379 Department of Juvenile Justice, or the Department of Children
380 and Families or in a local detention facility Family Services. A
381 person is shall also be deemed to be in total confinement and
382 subject to for applicability of provisions under this part if:
383 (a) The person is serving an incarcerative sentence under
384 the custody of the Department of Corrections or the Department
385 of Juvenile Justice and is being held in any other secure
386 facility for any reason; or
387 (b) A court or the agency with jurisdiction determines that
388 the person who is being held should have been lawfully released
389 at an earlier date and that the provisions of this part would
390 have been applicable to the person on the date that he or she
391 should have been lawfully released.
392 Section 6. If any provision of this act or its application
393 to any person or circumstance is held invalid, the invalidity
394 does not affect other provisions or applications of this act
395 which can be given effect without the invalid provision or
396 application, and to this end the provisions of this act are
397 severable.
398 Section 7. This act shall take effect July 1, 2014.