Florida Senate - 2014 CS for CS for SB 522
By the Committees on Appropriations; and Children, Families, and
Elder Affairs; and Senators Grimsley and Detert
576-01909-14 2014522c2
1 A bill to be entitled
2 An act relating to involuntary civil commitment of
3 sexually violent predators; amending s. 394.912, F.S.;
4 redefining terms; creating s. 394.9125, F.S.;
5 authorizing and requiring a state attorney to refer
6 certain persons for civil commitment under certain
7 circumstances; requiring the state attorney to notify
8 county and municipal jails of a referral within a
9 specified timeframe; authorizing the state attorney to
10 file a petition requesting that a person be taken into
11 custody for civil commitment proceedings; requiring a
12 judge to order a person into custody for civil
13 commitment proceedings upon making specified findings;
14 amending s. 394.913, F.S.; requiring the agency with
15 jurisdiction over a person who has been convicted of a
16 sexually violent offense to give written notice to the
17 multidisciplinary team as soon as practicable after
18 receipt into custody of such person in a county or
19 municipal jail facility; authorizing the
20 multidisciplinary team to consult with law enforcement
21 agencies and victim advocate groups as part of the
22 assessment and evaluation process; authorizing a
23 clinical evaluation; requiring a second clinical
24 evaluation under certain circumstances; requiring the
25 Department of Children and Families to recommend that
26 the state attorney file a civil commitment petition
27 under certain circumstances; requiring the department
28 to send a recommendation to the state attorney for
29 further review under certain circumstances if a person
30 does not meet the definition of a sexually violent
31 predator; requiring the multidisciplinary team to
32 reexamine the case under certain circumstances;
33 revising the timeframes for the written assessment;
34 requiring the multidisciplinary team to give equal
35 consideration to an attempt, criminal solicitation, or
36 conspiracy to commit certain offenses as it does to
37 the commission of such offenses; amending s. 394.9135,
38 F.S.; providing for certain released persons to be
39 taken into custody by the Department of Children and
40 Families; authorizing the state attorney to file,
41 within a specific timeframe, a petition alleging that
42 a person released from a local detention facility was
43 not referred as required before release because of a
44 mistake, oversight, or intentional act or was referred
45 for commitment consideration but released rather than
46 transferred to custody, as required, due to a mistake,
47 oversight, or intentional act; requiring a judge to
48 order that a person so released be taken into custody
49 and delivered to an appropriate secure facility under
50 certain circumstances; amending s. 394.914, F.S.;
51 authorizing the state attorney to file a petition for
52 civil commitment regardless of the multidisciplinary
53 team’s recommendation; amending s. 394.918, F.S.,
54 authorizing the petitioner and respondent to present
55 evidence at a civil commitment probable cause hearing;
56 amending s. 394.926, F.S.; requiring the department to
57 provide written notice of placement of a person in the
58 department’s custody to a victim of such person;
59 requiring the department to notify the Department of
60 Corrections, the Department of Law Enforcement, and
61 the sheriff of the county in which such person intends
62 to reside of the release of a sexually violent
63 predator or a person who is in custody; requiring the
64 Department of Children and Families to enroll certain
65 persons in an arrest notification program and to
66 notify the state attorney upon receiving an arrest
67 alert; amending s. 394.931, F.S.; requiring the
68 Department of Corrections to collect recidivism
69 information; amending s. 943.053, F.S.; requiring the
70 Department of Law Enforcement to provide the
71 Department of Children and Families access to the
72 arrest notification program; providing for
73 severability; providing an effective date.
74
75 Be It Enacted by the Legislature of the State of Florida:
76
77 Section 1. Subsections (1), (3), (7), and (11) of section
78 394.912, Florida Statutes, are amended, and paragraph (i) is
79 added to subsection (9) of that section, to read:
80 394.912 Definitions.—As used in this part, the term:
81 (1) “Agency with jurisdiction” means the entity agency that
82 releases, upon lawful order or authority, a person who is
83 serving a sentence in the custody of the Department of
84 Corrections, a person who was adjudicated delinquent and is
85 committed to the custody of the Department of Juvenile Justice,
86 or a person who was involuntarily committed to the custody of
87 the Department of Children and Families Family Services upon an
88 adjudication of not guilty by reason of insanity, or a person
89 who is serving a sentence in a county or municipal jail for a
90 sexually violent offense as defined in paragraph (9)(i).
91 (3) “Department” means the Department of Children and
92 Families Family Services.
93 (7) “Secretary” means the secretary of the Department of
94 Children and Families Family Services.
95 (9) “Sexually violent offense” means:
96 (i) A criminal offense in which the state attorney refers a
97 person to the department for civil commitment proceedings
98 pursuant to s. 394.9125.
99 (11) “Total confinement” means that the person is currently
100 being held in any physically secure facility being operated or
101 contractually operated for the Department of Corrections, the
102 Department of Juvenile Justice, or the Department of Children
103 and Families Family Services. A person shall also be deemed to
104 be in total confinement for applicability of provisions under
105 this part if:
106 (a) The person is serving an incarcerative sentence under
107 the custody of the Department of Corrections or the Department
108 of Juvenile Justice and is being held in any other secure
109 facility for any reason;
110 (b) The person is serving a sentence in a county or
111 municipal jail for a sexually violent offense as defined in
112 paragraph (9)(i); or
113 (c) A court or the agency with jurisdiction determines that
114 the person who is being held should have been lawfully released
115 at an earlier date and that the provisions of this part would
116 have been applicable to the person on the date that he or she
117 should have been lawfully released.
118 Section 2. Section 394.9125, Florida Statutes, is created
119 to read:
120 394.9125 State attorney; authority to refer a person for
121 civil commitment.—
122 (1) A state attorney shall refer a person to the department
123 for civil commitment proceedings if:
124 (a) The state attorney receives an arrest alert on the
125 person pursuant to s. 394.926(4); and
126 (b) The person is subsequently sentenced to a term of
127 imprisonment in a county or municipal jail for any criminal
128 offense.
129 (2) A state attorney may refer a person to the department
130 for civil commitment proceedings if the person:
131 (a) Is required to register as a sexual offender pursuant
132 to s. 943.0435;
133 (b) Has previously been convicted of a sexually violent
134 offense as defined in s. 394.912(9)(a)-(h); and
135 (c) Has been sentenced to a term of imprisonment in a
136 county or municipal jail for any criminal offense.
137 (3) A state attorney who refers a person for civil
138 commitment pursuant to subsection (1) or subsection (2) shall
139 notify the county or municipal jail to which the person has been
140 sentenced within 24 hours after the referral is made.
141 (4)(a) If a person is sentenced to a term of imprisonment
142 in a county or municipal jail but is not subsequently totally
143 confined in the jail due to receiving credit for time served,
144 the state attorney may file a petition with the circuit court
145 within 120 hours after such person’s sentencing proceeding
146 requesting the court to order such person into the department’s
147 custody for purposes of initiating civil commitment proceedings.
148 (b) If the judge determines that there is probable cause to
149 believe that the person should have been referred to the
150 department pursuant to subsection (1) or subsection (2) but that
151 the referral was not made because the person was not totally
152 confined in a county or municipal jail due to receiving credit
153 for time served, the judge shall order that the person be taken
154 into custody and delivered to the custody of the department for
155 civil commitment proceedings.
156 Section 3. Section 394.913, Florida Statutes, is amended to
157 read:
158 394.913 Notice to state attorney and multidisciplinary team
159 of release of sexually violent predator; establishing
160 multidisciplinary teams; information to be provided to
161 multidisciplinary teams.—
162 (1) The agency with jurisdiction over a person who has been
163 convicted of a sexually violent offense shall give written
164 notice to the multidisciplinary team, and shall provide a copy
165 of the notice to the state attorney of the circuit in which
166 where that person was last convicted of a sexually violent
167 offense. If the person has never been convicted of a sexually
168 violent offense in this state but has been convicted of a
169 sexually violent offense in another state or in federal court,
170 the agency with jurisdiction shall give written notice to the
171 multidisciplinary team and a copy to the state attorney of the
172 circuit in which where the person was last convicted of any
173 offense in this state. If the person is being confined in this
174 state pursuant to interstate compact and has a prior or current
175 conviction for a sexually violent offense, the agency with
176 jurisdiction shall give written notice to the multidisciplinary
177 team and shall provide a copy to the state attorney of the
178 circuit in which where the person plans to reside upon release
179 or, if no residence in this state is planned, the state attorney
180 in the circuit in which where the facility from which the person
181 to be released is located. Except as provided in s. 394.9135,
182 the written notice must be given:
183 (a) At least 545 days before prior to the anticipated
184 release from total confinement of a person serving a sentence in
185 the custody of the Department of Corrections, except that in the
186 case of a person persons who is are totally confined for a
187 period of less than 545 days, written notice must be given as
188 soon as practicable;
189 (b) At least 180 days before prior to the anticipated
190 release from residential commitment of a person committed to the
191 custody of the Department of Juvenile Justice, except that in
192 the case of a person persons who is are committed to a low or
193 moderate risk facility, written notice must be given as soon as
194 practicable; or
195 (c) At least 180 days before prior to the anticipated
196 hearing regarding possible release of a person committed to the
197 custody of the department who has been found not guilty by
198 reason of insanity or mental incapacity of a sexually violent
199 offense; or.
200 (d) At least 180 days before the anticipated release from
201 total confinement of a person serving a sentence in a county or
202 municipal jail, except that in the case of a person who is
203 totally confined for a period of less than 180 days, written
204 notice must be given as soon as practicable.
205 (2) The agency having jurisdiction shall provide the
206 multidisciplinary team with the following information:
207 (a) The person’s name; identifying characteristics;
208 anticipated future residence; the type of supervision the person
209 will receive in the community, if any; and the person’s offense
210 history;
211 (b) The person’s criminal history, including police
212 reports, victim statements, presentence investigation reports,
213 postsentence investigation reports, if available, and any other
214 documents containing facts of the person’s criminal incidents or
215 indicating whether the criminal incidents included sexual acts
216 or were sexually motivated;
217 (c) Mental health, mental status, and medical records,
218 including all clinical records and notes concerning the person;
219 (d) Documentation of institutional adjustment and any
220 treatment received and, in the case of an adjudicated delinquent
221 committed to the Department of Juvenile Justice, copies of the
222 most recent performance plan and performance summary; and
223 (e) If the person was returned to custody after a period of
224 supervision, documentation of adjustment during supervision and
225 any treatment received.
226 (3)(a) The secretary or his or her designee shall establish
227 a multidisciplinary team or teams.
228 (b) Each team shall include, but need is not be limited to,
229 two licensed psychiatrists or psychologists or one licensed
230 psychiatrist and one licensed psychologist.
231 (c) The multidisciplinary team shall assess and evaluate
232 each person referred to the team. The assessment and evaluation
233 must shall include a review of the person’s institutional
234 history and treatment record, if any, the person’s criminal
235 background, and any other factor that is relevant to the
236 determination of whether the such person is a sexually violent
237 predator.
238 (d) The multidisciplinary team may consult with law
239 enforcement agencies and victim advocate groups during the
240 assessment and evaluation process. A clinical evaluation of the
241 person may be conducted. A second clinical evaluation must be
242 conducted if a member of the multidisciplinary team questions
243 the conclusion of the first clinical evaluation. All members of
244 the multidisciplinary team shall review, at a minimum, the
245 information provided in subsection (2) and any clinical
246 evaluation before making a recommendation pursuant to paragraph
247 (f).
248 (e)(c) Before recommending that a person meets the
249 definition of a sexually violent predator, the person must be
250 offered a personal interview. If the person agrees to
251 participate in a personal interview, at least one member of the
252 team who is a licensed psychiatrist or psychologist must conduct
253 a personal interview of the person. If the person refuses to
254 fully participate in a personal interview, the multidisciplinary
255 team may proceed with its recommendation without the a personal
256 interview of the person.
257 (f) After all clinical evaluations have been completed, the
258 department shall provide to the state attorney a written
259 assessment and recommendation as to whether the person meets the
260 definition of a sexually violent predator.
261 1. The department must recommend that the state attorney
262 file a petition for civil commitment if at least two members of
263 the multidisciplinary team determine that the person meets the
264 definition of a sexually violent predator.
265 2. When the department determines that a person who has
266 received a clinical evaluation does or does not meet the
267 definition of a sexually violent predator, the written
268 assessment and recommendation shall be sent to the state
269 attorney. If the state attorney questions, in writing, the
270 determination that the person does or does not meet the
271 definition of a sexually violent predator, the multidisciplinary
272 team must reexamine the case before a final written assessment
273 and recommendation is provided to the state attorney.
274 (g)(d) The Attorney General’s Office shall serve as legal
275 counsel to the multidisciplinary team.
276 (h)(e)1. After all clinical evaluations have been
277 completed, but at least 1 month before the person’s scheduled
278 release date, if the referral date is at least 90 days before
279 the person’s scheduled release date, the multidisciplinary team
280 shall provide to the state attorney Within 180 days after
281 receiving notice, there shall be a written assessment and
282 recommendation as to whether the person meets the definition of
283 a sexually violent predator and a written recommendation, which
284 shall be provided to the state attorney. If the referral date is
285 less than 90 days before the person’s expiration of sentence,
286 the multidisciplinary team shall provide to the state attorney a
287 written assessment and recommendation as to whether the person
288 meets the definition of a sexually violent predator as soon as
289 is practicable before the person’s expiration of sentence. The
290 written recommendation shall be provided by the Department of
291 Children and Families Family Services and must shall include the
292 written report of the multidisciplinary team.
293 2. Notwithstanding subparagraph 1., in the case of a person
294 for whom the written assessment and recommendation has not been
295 completed at least 365 days before his or her release from total
296 confinement, the department shall prioritize the assessment of
297 that person based upon the person’s release date.
298 (4) The multidisciplinary team shall give equal
299 consideration in the evaluation and assessment of an offender
300 whose sexually violent offense was an attempt, criminal
301 solicitation, or conspiracy, in violation of s. 777.04, to
302 commit a sexually violent offense enumerated in s. 394.912(9) as
303 it does in the evaluation and assessment of an offender who
304 completed such an enumerated sexually violent offense. A rule or
305 policy may not be established which reduces the level of
306 consideration because the sexually violent offense was an
307 attempt, criminal solicitation, or conspiracy.
308 (5)(4) The provisions of This section is are not
309 jurisdictional, and failure to comply with it them in no way
310 prevents the state attorney from proceeding against a person
311 otherwise subject to the provisions of this part.
312 Section 4. Section 394.9135, Florida Statutes, is amended
313 to read:
314 394.9135 Immediate releases from total confinement;
315 transfer of person to department; time limitations on
316 assessment, notification, and filing petition to hold in
317 custody; filing petition after release; order into custody of
318 department after release.—
319 (1)(a) If the anticipated release from total confinement of
320 a person who has been convicted of a sexually violent offense
321 becomes immediate for any reason, the agency with jurisdiction
322 shall upon immediate release from total confinement transfer
323 that person to the custody of the department of Children and
324 Family Services to be held in an appropriate secure facility.
325 (b) If a person who committed a sexually violent offense
326 and who is serving an incarcerative sentence under the custody
327 of the Department of Corrections or the Department of Juvenile
328 Justice is released from a local detention facility, the state
329 attorney, as designated in s. 394.913, may file a petition with
330 the circuit court within 120 hours after the person’s release
331 alleging that:
332 1. Section 394.913 or this section requires that the person
333 be referred for consideration for civil commitment before
334 release and the person was not referred because of a mistake,
335 oversight, or intentional act; or
336 2. The person was referred for commitment consideration
337 but, through a mistake, oversight, or intentional act, was
338 released rather than transferred to the custody of the
339 Department of Children and Families as required by this part.
340
341 If the judge determines that there is probable cause to believe
342 that the person was released in contravention of s. 394.913 or
343 this section, the judge shall order the person to be taken into
344 custody and delivered to an appropriate secure facility
345 designated by the Department of Children and Families.
346 (2) Within 72 hours after transfer pursuant to paragraph
347 (1)(a) or receipt into the department’s custody pursuant to
348 paragraph (1)(b) or s. 394.9125(4), the multidisciplinary team
349 shall assess whether the person meets the definition of a
350 sexually violent predator as defined in s. 394.912. If at least
351 two members of the multidisciplinary team, after all clinical
352 evaluations have been conducted, determine determines that the
353 person does not meet the definition of a sexually violent
354 predator, that person shall be immediately released. If the
355 multidisciplinary team determines that the person meets the
356 definition of a sexually violent predator, the team shall
357 provide the state attorney, as designated by s. 394.913, with
358 its written assessment and recommendation within the 72-hour
359 period or, if the 72-hour period ends after 5 p.m. on a working
360 day or on a weekend or holiday, within the next working day
361 thereafter.
362 (3) Within 48 hours after receipt of the written assessment
363 and recommendation from the multidisciplinary team, the state
364 attorney, as designated in s. 394.913, may file a petition with
365 the circuit court alleging that the person is a sexually violent
366 predator and stating facts sufficient to support the such
367 allegation. If a petition is not filed within 48 hours after
368 receipt of the written assessment and recommendation by the
369 state attorney, the person shall be immediately released, except
370 that, if the 48-hour period ends after 5 p.m. on a working day
371 or on a weekend or holiday, the petition may be filed on the
372 next working day without resulting in the person’s release. If a
373 petition is filed pursuant to this section and the judge
374 determines that there is probable cause to believe that the
375 person is a sexually violent predator, the judge shall order
376 that the person be maintained in custody and held in an
377 appropriate secure facility for further proceedings in
378 accordance with this part.
379 (4) The provisions of This section is are not
380 jurisdictional, and failure to comply with the time limitations,
381 which results in the release of a person who has been convicted
382 of a sexually violent offense, is not dispositive of the case
383 and does not prevent the state attorney from proceeding against
384 a person otherwise subject to the provisions of this part.
385 Section 5. Section 394.914, Florida Statutes, is amended to
386 read:
387 394.914 Petition; contents.—After Following receipt from
388 the multidisciplinary team of the written assessment and
389 positive or negative recommendation as to whether the person
390 meets the definition of a sexually violent predator from the
391 multidisciplinary team, the state attorney, in accordance with
392 s. 394.913, may file a petition with the circuit court alleging
393 that the person is a sexually violent predator and stating facts
394 sufficient to support such allegation. A No fee may not shall be
395 charged for the filing of a petition under this section.
396 Section 6. Subsection (3) of section 394.918, Florida
397 Statutes, is amended to read:
398 394.918 Examinations; notice; court hearings for release of
399 committed persons; burden of proof.—
400 (3) The court shall hold a limited hearing to determine
401 whether there is probable cause to believe that the person’s
402 condition has so changed that it is safe for the person to be at
403 large and that the person will not engage in acts of sexual
404 violence if discharged. The person has the right to be
405 represented by counsel at the probable cause hearing and the
406 right, but the person is not entitled to be present. Both the
407 petitioner and the respondent may present evidence that the
408 court may weigh and consider. If the court determines that there
409 is probable cause to believe it is safe to release the person,
410 the court shall set a trial before the court on the issue.
411 Section 7. Section 394.926, Florida Statutes, is amended to
412 read:
413 394.926 Notice to victims and others of release of persons
414 in the custody of the department committed as sexually violent
415 predators; notice to Department of Corrections and Parole
416 Commission.—
417 (1) As soon as is practicable, the department shall give
418 written notice of the release of a person in the custody of the
419 department committed as a sexually violent predator to any
420 victim of the committed person who is alive and whose address is
421 known to the department or, if the victim is deceased, to the
422 victim’s family, if the family’s address is known to the
423 department. Failure to notify is not a reason for postponement
424 of release. This section does not create a cause of action
425 against the state or an employee of the state acting within the
426 scope of the employee’s employment as a result of the failure to
427 notify pursuant to this part.
428 (2) If a person in the custody of the department sexually
429 violent predator who has an active or pending term of probation,
430 community control, parole, conditional release, or other court
431 ordered or postprison release supervision is released from
432 custody, the department must immediately notify the Department
433 of Corrections’ Office of Community Corrections in Tallahassee.
434 The Parole Commission must also be immediately notified of any
435 releases of a person sexually violent predator who has an active
436 or pending term of parole, conditional release, or other
437 postprison release supervision that is administered by the
438 Parole Commission.
439 (3) If a person in the custody of the department is
440 released, the department must notify the Department of Law
441 Enforcement and the sheriff of the county in which the person
442 intends to reside, or if unknown, the sheriff of the county in
443 which the person was last convicted.
444 (4)(a) The department, in conjunction with the Department
445 of Law Enforcement, shall enroll and maintain a sexually violent
446 offender in the arrest notification program through the Florida
447 Criminal Justice Network maintained by the Department of Law
448 Enforcement upon such offender’s release from the department’s
449 custody. Upon receiving an alert that a sexually violent
450 offender has been arrested for a criminal offense subsequent to
451 his or her release, the department must immediately notify the
452 state attorney of the circuit in which the arrest occurred.
453 (b) As used in this subsection, the term “sexually violent
454 offender” means a person who has been committed to the
455 department as a sexually violent predator or who has been in the
456 department’s custody based upon a court finding of probable
457 cause to believe the person is a sexually violent predator.
458 Section 8. Section 394.931, Florida Statutes, is amended to
459 read:
460 394.931 Quarterly and annual reports.—Beginning July 1,
461 1999, The Department of Corrections shall collect information
462 and compile quarterly reports with statistics profiling inmates
463 released the previous quarter who fit the criteria and were
464 referred to the Department of Children and Families Family
465 Services pursuant to this act. The quarterly reports must be
466 produced beginning October 1, 1999. At a minimum, the
467 information that must be collected and compiled for inclusion in
468 the reports includes: whether the qualifying offense was the
469 current offense or the prior offense; the offender’s most
470 serious sexual offense; the total number of distinct victims of
471 the sexual offense; whether the victim was known to the
472 offender; whether the sexual act was consensual; whether the
473 sexual act involved multiple victims; whether direct violence
474 was involved in the sexual offense; the age of each victim at
475 the time of the offense; the age of the offender at the time of
476 the first sexual offense; whether a weapon was used; length of
477 time since the most recent sexual offense; and the total number
478 of prior and current sexual offense sexual-offense convictions.
479 The Department of Corrections shall compile recidivism data on
480 those referred, detained, or committed to the department In
481 addition, the department of Children and Family Services shall
482 implement a long-term study to determine the overall efficacy of
483 the provisions of this part.
484 Section 9. Subsection (14) is added to section 943.053,
485 Florida Statutes, to read:
486 943.053 Dissemination of criminal justice information;
487 fees.—
488 (14) Notwithstanding any other law, the department shall
489 provide to the Sexually Violent Predator Program within the
490 Department of Children and Families online access to the arrest
491 notification program through the Florida Criminal Justice
492 Network to be used solely in support of the duties of the
493 Department of Children and Families as provided in s.
494 394.926(4).
495 Section 10. If any provision of this act or its application
496 to any person or circumstance is held invalid, the invalidity
497 does not affect other provisions or applications of this act
498 which can be given effect without the invalid provision or
499 application, and to this end the provisions of this act are
500 severable.
501 Section 11. This act shall take effect July 1, 2014.