Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 524
       
       
       
       
       
       
                                Ì765100bÎ765100                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             03/04/2014 02:32 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 89 - 141
    4  and insert:
    5  each person referred to the team. The multidisciplinary team
    6  shall prioritize the assessment and evaluation of persons
    7  referred under subsection (1) based upon the person’s release
    8  date. The assessment and evaluation must shall include a review
    9  of the person’s institutional history and treatment record, if
   10  any, the person’s criminal background, and any other factor that
   11  is relevant to the determination of whether the such person is a
   12  sexually violent predator.
   13         (e)(c) Before recommending that a person meets the
   14  definition of a sexually violent predator, the person must be
   15  offered a personal interview. If the person agrees to
   16  participate in a personal interview, at least one member of the
   17  team who is a licensed psychiatrist or psychologist must conduct
   18  a personal interview of the person. If the person refuses to
   19  fully participate in a personal interview, the multidisciplinary
   20  team shall may proceed with its recommendation without the a
   21  personal interview of the person.
   22         (f) The multidisciplinary team shall complete all clinical
   23  evaluations and provide the state attorney a written assessment
   24  and recommendation as to whether the person meets the definition
   25  of a sexually violent predator at least 1 month before the
   26  person’s scheduled release date from the Department of
   27  Corrections, the Department of Juvenile Justice, or the
   28  Department of Children and Families. The multidisciplinary team
   29  shall complete all clinical evaluations and provide the state
   30  attorney a written assessment and recommendation as to whether
   31  the person meets the definition of a sexually violent predator
   32  at least 24 hours before the person’s scheduled release date
   33  from a county or municipal jail.
   34         1. The department must recommend that the state attorney
   35  file a petition for civil commitment if at least two members of
   36  the multidisciplinary team determine that the person meets the
   37  definition of a sexually violent predator.
   38         2. When the department determines that a person who has
   39  received a clinical evaluation does or does not meet the
   40  definition of a sexually violent predator, the written
   41  assessment and recommendation shall be sent to the state
   42  attorney. If the state attorney questions, in writing, the
   43  determination that the person does or does not meet the
   44  definition of a sexually violent predator, the multidisciplinary
   45  team must reexamine the case before a final written assessment
   46  and recommendation is provided to the state attorney.
   47         (g)(d) The Attorney General’s Office shall serve as legal
   48  counsel to the multidisciplinary team.
   49         (e)1. Within 180 days after receiving notice, there shall
   50  be a written assessment as to whether the person meets the
   51  definition of a sexually violent predator and a written
   52  recommendation, which shall be provided to the state attorney.
   53  The written recommendation shall be provided by the Department
   54  of Children and Family Services and shall include the written
   55  report of the multidisciplinary team.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58  And the title is amended as follows:
   59         Delete lines 13 - 25
   60  and insert:
   61         requiring the multidisciplinary team to prioritize
   62         assessments based on release dates; requiring the
   63         multidisciplinary team to proceed without a personal
   64         interview under certain circumstances; requiring the
   65         multidisciplinary team to provide the state attorney
   66         with a written assessment and recommendation as to
   67         whether a person meets the definition of a sexually
   68         violent predator within specified timeframes;
   69         requiring the department to recommend that the state
   70         attorney file a civil commitment petition under
   71         certain circumstances; requiring the department to
   72         send the recommendation and assessment to the state
   73         attorney for further review; requiring the
   74         multidisciplinary team to reexamine the case under
   75         certain circumstances; conforming provisions to
   76         changes made by the act; creating s. 1005.10, F.S.;
   77         requiring