Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 524
       
       
       
       
       
       
                                Ì115236"Î115236                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Protecting Our
    6  Children and Adults from Sexual Predators Act.”
    7         Section 2. Subsection (3) of section 394.913, Florida
    8  Statutes, is amended to read:
    9         394.913 Notice to state attorney and multidisciplinary team
   10  of release of sexually violent predator; establishing
   11  multidisciplinary teams; information to be provided to
   12  multidisciplinary teams.—
   13         (3)(a) The secretary or his or her designee shall establish
   14  a multidisciplinary team or teams.
   15         (b) Each team shall include, but need is not be limited to,
   16  two licensed psychiatrists or psychologists or one licensed
   17  psychiatrist and one licensed psychologist who shall each have
   18  experience in or relevant to the evaluation or treatment of
   19  persons with mental abnormalities. The department shall provide
   20  annual training to the members of the multidisciplinary team on
   21  topics, including, but not limited to, research on sexual
   22  offenses or offenders, clinical evaluation methods, and the
   23  civil commitment process. Members of the team who are hired on
   24  contract are limited to 1-year contracts. Such contracts may be
   25  renewed. The department shall regularly provide feedback to each
   26  multidisciplinary team member and formally evaluate annually the
   27  performance of each member of the multidisciplinary team. Such
   28  evaluations must include, but need not be limited to, the
   29  member’s:
   30         1. Scope of knowledge and understanding of clinical
   31  research regarding risk factors for sexual deviance and
   32  recidivism;
   33         2. Ability to identify relevant clinical data from review
   34  of criminal records and other information, including
   35  recommendations of law enforcement and insights from victim
   36  advocates; and
   37         3. Ability to apply clinical information in a structured
   38  assessment of both static risk factors and dynamic predictors of
   39  recidivism.
   40         (c) The department shall maintain data on each case on the
   41  recommendations of the clinical evaluators in their clinical
   42  evaluations, the final recommendations of the multidisciplinary
   43  team, the petitions filed by state attorneys, and the results of
   44  those petitions. The department shall analyze, at least
   45  annually, this data to assess inter-rater reliability between
   46  clinical evaluators and the level of agreement between an
   47  individual evaluator’s recommendation and the multidisciplinary
   48  team’s recommendation for the same individual. The department
   49  shall also assess trends in multidisciplinary team
   50  recommendations, state attorneys filings, and the results of
   51  such filings. The state attorneys shall provide information to
   52  the department regarding filings and their results as necessary
   53  to maintain this data.
   54         (d) The multidisciplinary team shall assess and evaluate
   55  each person referred to the team. The department shall
   56  prioritize the assessment and evaluation of persons referred
   57  under subsection (1) based upon the person’s release date. The
   58  assessment and evaluation must shall include a review of the
   59  person’s institutional history and treatment record, if any, the
   60  person’s criminal background, and any other factor that is
   61  relevant to the determination of whether the such person is a
   62  sexually violent predator.
   63         (e)(c) Before recommending that a person meets the
   64  definition of a sexually violent predator, the person must be
   65  offered a personal interview. If the person agrees to
   66  participate in a personal interview, at least one member of the
   67  team who is a licensed psychiatrist or psychologist must conduct
   68  a personal interview of the person. If the person refuses to
   69  fully participate in a personal interview, the multidisciplinary
   70  team shall may proceed with its recommendation without the a
   71  personal interview of the person.
   72         (f) After all clinical evaluations have been completed, the
   73  department shall provide to the state attorney a written
   74  assessment and recommendation as to whether the person meets the
   75  definition of a sexually violent predator.
   76         1. The department must recommend that the state attorney
   77  file a petition for civil commitment if at least two members of
   78  the multidisciplinary team determine that the person meets the
   79  definition of a sexually violent predator.
   80         2. When the department determines that a person who has
   81  received a clinical evaluation does or does not meet the
   82  definition of a sexually violent predator, the written
   83  assessment and recommendation shall be sent to the state
   84  attorney. If the state attorney questions, in writing, the
   85  determination that the person does or does not meet the
   86  definition of a sexually violent predator, the multidisciplinary
   87  team must reexamine the case before a final written assessment
   88  and recommendation is provided to the state attorney.
   89         (g)(d) The Attorney General’s Office shall serve as legal
   90  counsel to the multidisciplinary team.
   91         (h)(e)1.After all clinical evaluations have been
   92  completed, but at least 1 month before the person’s scheduled
   93  release date, if the referral date is at least 90 days before
   94  the person’s expiration of sentence, the multidisciplinary team
   95  shall provide to the state attorney Within 180 days after
   96  receiving notice, there shall be a written assessment and
   97  recommendation as to whether the person meets the definition of
   98  a sexually violent predator and a written recommendation, which
   99  shall be provided to the state attorney. If the referral date is
  100  less than 90 days before the person’s expiration of sentence,
  101  the multidisciplinary team shall provide to the state attorney a
  102  written assessment and recommendation as to whether the person
  103  meets the definition of a sexually violent predator as soon as
  104  is practicable before the person’s expiration of sentence. The
  105  written recommendation shall be provided by the Department of
  106  Children and Families Family Services and must shall include the
  107  written report of the multidisciplinary team.
  108         2. Notwithstanding subparagraph 1., in the case of a person
  109  for whom the written assessment and recommendation has not been
  110  completed at least 365 days before his or her release from total
  111  confinement, the department shall prioritize the assessment of
  112  that person based upon the person’s release date.
  113         Section 3. Section 1005.10, Florida Statutes, is created to
  114  read:
  115         1005.10Sexual predator and sexual offender notification;
  116  nonpublic colleges, universities, and schools.—Each nonpublic
  117  college, university, and school shall inform students and
  118  employees at the school’s orientation session and on their
  119  website of the existence of the Department of Law Enforcement
  120  sexual predator and sexual offender registry website and the
  121  toll-free telephone number that gives access to sexual predator
  122  and sexual offender public information pursuant to s. 943.043.
  123         Section 4. Section 1006.695, Florida Statutes, is created
  124  to read:
  125         1006.695Sexual predator and sexual offender notification;
  126  public colleges, universities, and schools.—Each public college,
  127  university, and school shall inform students and employees at
  128  the school’s orientation session and on their website of the
  129  existence of the Department of Law Enforcement sexual predator
  130  and sexual offender registry website and the toll-free telephone
  131  number that gives access to sexual predator and sexual offender
  132  public information pursuant to s. 943.043.
  133         Section 5. This act shall take effect July 1, 2014.
  134  
  135  ================= T I T L E  A M E N D M E N T ================
  136  And the title is amended as follows:
  137         Delete everything before the enacting clause
  138  and insert:
  139                        A bill to be entitled                      
  140         An act relating to sexually violent predators;
  141         providing a short title; amending s. 394.913, F.S.;
  142         requiring the Department of Children and Families to
  143         provide training to the members of the
  144         multidisciplinary team; limiting the term of contract
  145         of multidisciplinary team members who contract with
  146         the department to 1 year; providing that such
  147         contracts may be renewed; requiring the department to
  148         maintain data on each case on the recommendations of
  149         the clinical evaluators; requiring state attorneys to
  150         provide the department with specified information;
  151         requiring the department to prioritize assessments
  152         based on release dates; requiring the
  153         multidisciplinary team to proceed without a personal
  154         interview under certain circumstances; requiring the
  155         department to send to the state attorney a written
  156         assessment and determination as to whether a person
  157         meets the definition of a sexually violent predator;
  158         requiring the department to recommend that the state
  159         attorney file a civil commitment petition under
  160         certain circumstances; requiring the multidisciplinary
  161         team to reexamine the case under certain
  162         circumstances; revising timeframes for the written
  163         assessment; creating s. 1005.10, F.S.; requiring
  164         nonpublic colleges, universities, and schools to
  165         inform students and employees of the Florida
  166         Department of Law Enforcement sexual predator and
  167         sexual offender registry website and toll-free
  168         telephone number; creating s. 1006.695, F.S.;
  169         requiring public colleges, universities, and schools
  170         to inform students and employees of the Florida
  171         Department of Law Enforcement sexual predator and
  172         sexual offender registry website and toll-free
  173         telephone number; providing an effective date.