CS for SB 524                                    First Engrossed
       
       
       
       
       
       
       
       
       2014524e1
       
    1                        A bill to be entitled                      
    2         An act relating to sexually violent predators;
    3         providing a short title; amending s. 394.913, F.S.;
    4         requiring the Department of Children and Families to
    5         provide training to the members of the
    6         multidisciplinary team; limiting the term of contract
    7         of multidisciplinary team members who contract with
    8         the department to 1 year; providing that such
    9         contracts may be renewed; requiring the department to
   10         maintain data on each case on the recommendations of
   11         the clinical evaluators; requiring state attorneys to
   12         provide the department with specified information;
   13         requiring the multidisciplinary team to prioritize
   14         assessments based on release dates; requiring the
   15         multidisciplinary team to proceed without a personal
   16         interview under certain circumstances; requiring the
   17         multidisciplinary team to provide the state attorney
   18         with a written assessment and recommendation as to
   19         whether a person meets the definition of a sexually
   20         violent predator within specified timeframes;
   21         requiring the department to recommend that the state
   22         attorney file a civil commitment petition under
   23         certain circumstances; requiring the department to
   24         send the recommendation and assessment to the state
   25         attorney for further review; requiring the
   26         multidisciplinary team to reexamine the case under
   27         certain circumstances; conforming provisions to
   28         changes made by the act; creating s. 1005.10, F.S.;
   29         requiring nonpublic colleges, universities, and
   30         schools to inform students and employees of the
   31         Florida Department of Law Enforcement sexual predator
   32         and sexual offender registry website and toll-free
   33         telephone number; creating s. 1006.695, F.S.;
   34         requiring Florida College System institutions, state
   35         universities, and career centers to inform students
   36         and employees of the Florida Department of Law
   37         Enforcement sexual predator and sexual offender
   38         registry website and toll-free telephone number;
   39         providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. This act may be cited as the “Protecting Our
   44  Children and Adults from Sexual Predators Act.”
   45         Section 2. Subsection (3) of section 394.913, Florida
   46  Statutes, is amended to read:
   47         394.913 Notice to state attorney and multidisciplinary team
   48  of release of sexually violent predator; establishing
   49  multidisciplinary teams; information to be provided to
   50  multidisciplinary teams.—
   51         (3)(a) The secretary or his or her designee shall establish
   52  a multidisciplinary team or teams.
   53         (b) Each team shall include, but need is not be limited to,
   54  two licensed psychiatrists or psychologists or one licensed
   55  psychiatrist and one licensed psychologist who shall each have
   56  experience in or relevant to the evaluation or treatment of
   57  persons with mental abnormalities. The department shall provide
   58  annual training to the members of the multidisciplinary team on
   59  topics, including, but not limited to, research on sexual
   60  offenses or offenders, clinical evaluation methods, and the
   61  civil commitment process. Members of the team who are hired on
   62  contract are limited to 1-year contracts. Such contracts may be
   63  renewed. The department shall regularly provide feedback to each
   64  multidisciplinary team member and formally evaluate annually the
   65  performance of each member of the multidisciplinary team. Such
   66  evaluations must include, but need not be limited to, the
   67  member’s:
   68         1. Scope of knowledge and understanding of clinical
   69  research regarding risk factors for sexual deviance and
   70  recidivism;
   71         2. Ability to identify relevant clinical data from review
   72  of criminal records and other information, including
   73  recommendations of law enforcement and insights from victim
   74  advocates; and
   75         3. Ability to apply clinical information in a structured
   76  assessment of both static risk factors and dynamic predictors of
   77  recidivism.
   78         (c) The department shall maintain data on each case on the
   79  recommendations of the clinical evaluators in their clinical
   80  evaluations, the final recommendations of the multidisciplinary
   81  team, the petitions filed by state attorneys, and the results of
   82  those petitions. The department shall analyze, at least
   83  annually, this data to assess inter-rater reliability between
   84  clinical evaluators and the level of agreement between an
   85  individual evaluator’s recommendation and the multidisciplinary
   86  team’s recommendation for the same individual. The department
   87  shall also assess trends in multidisciplinary team
   88  recommendations, state attorneys filings, and the results of
   89  such filings. The state attorneys shall provide information to
   90  the department regarding filings and their results as necessary
   91  to maintain this data.
   92         (d) The multidisciplinary team shall assess and evaluate
   93  each person referred to the team. The multidisciplinary team
   94  shall prioritize the assessment and evaluation of persons
   95  referred under subsection (1) based upon the person’s release
   96  date. The assessment and evaluation must shall include a review
   97  of the person’s institutional history and treatment record, if
   98  any, the person’s criminal background, and any other factor that
   99  is relevant to the determination of whether the such person is a
  100  sexually violent predator.
  101         (e)(c) Before recommending that a person meets the
  102  definition of a sexually violent predator, the person must be
  103  offered a personal interview. If the person agrees to
  104  participate in a personal interview, at least one member of the
  105  team who is a licensed psychiatrist or psychologist must conduct
  106  a personal interview of the person. If the person refuses to
  107  fully participate in a personal interview, the multidisciplinary
  108  team shall may proceed with its recommendation without the a
  109  personal interview of the person.
  110         (f) The multidisciplinary team shall complete all clinical
  111  evaluations and provide the state attorney a written assessment
  112  and recommendation as to whether the person meets the definition
  113  of a sexually violent predator at least 1 month before the
  114  person’s scheduled release date from the Department of
  115  Corrections, the Department of Juvenile Justice, or the
  116  Department of Children and Families. The multidisciplinary team
  117  shall complete all clinical evaluations and provide the state
  118  attorney a written assessment and recommendation as to whether
  119  the person meets the definition of a sexually violent predator
  120  at least 24 hours before the person’s scheduled release date
  121  from a county or municipal jail.
  122         1. The department must recommend that the state attorney
  123  file a petition for civil commitment if at least two members of
  124  the multidisciplinary team determine that the person meets the
  125  definition of a sexually violent predator.
  126         2. When the department determines that a person who has
  127  received a clinical evaluation does or does not meet the
  128  definition of a sexually violent predator, the written
  129  assessment and recommendation shall be sent to the state
  130  attorney. If the state attorney questions, in writing, the
  131  determination that the person does or does not meet the
  132  definition of a sexually violent predator, the multidisciplinary
  133  team must reexamine the case before a final written assessment
  134  and recommendation is provided to the state attorney.
  135         (g)(d) The Attorney General’s Office shall serve as legal
  136  counsel to the multidisciplinary team.
  137         (e)1. Within 180 days after receiving notice, there shall
  138  be a written assessment as to whether the person meets the
  139  definition of a sexually violent predator and a written
  140  recommendation, which shall be provided to the state attorney.
  141  The written recommendation shall be provided by the Department
  142  of Children and Family Services and shall include the written
  143  report of the multidisciplinary team.
  144         2. Notwithstanding subparagraph 1., in the case of a person
  145  for whom the written assessment and recommendation has not been
  146  completed at least 365 days before his or her release from total
  147  confinement, the department shall prioritize the assessment of
  148  that person based upon the person’s release date.
  149         Section 3. Section 1005.10, Florida Statutes, is created to
  150  read:
  151         1005.10Sexual predator and sexual offender notification;
  152  nonpublic colleges, universities, and schools.—Each nonpublic
  153  college, university, and school shall inform students and
  154  employees at orientation and on its website of the existence of
  155  the Department of Law Enforcement sexual predator and sexual
  156  offender registry website and the toll-free telephone number
  157  that gives access to sexual predator and sexual offender public
  158  information pursuant to s. 943.043.
  159         Section 4. Section 1006.695, Florida Statutes, is created
  160  to read:
  161         1006.695 Sexual predator and sexual offender notification;
  162  Florida College System institutions, state universities, and
  163  career centers.—Each Florida College System institution as
  164  defined in s. 1000.21, state university as defined in s.
  165  1000.21, and career center as provided in s. 1001.44 shall
  166  inform students and employees at orientation and on its website
  167  of the existence of the Department of Law Enforcement sexual
  168  predator and sexual offender registry website and the toll-free
  169  telephone number that gives access to sexual predator and sexual
  170  offender public information pursuant to s. 943.043.
  171         Section 5. This act shall take effect July 1, 2014.