Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 960
       
       
       
       
       
       
                                Ì122962.Î122962                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/09/2018           .                                
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       The Committee on Children, Families, and Elder Affairs (Baxley)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 35 - 93
    4  and insert:
    5  business days after receipt of a commitment order and other
    6  required documents as stipulated in rule, the department must
    7  request from the jail any and all medical information pertaining
    8  to the defendant. Within 3 business days after receipt of such a
    9  request, the jail shall provide such information to the
   10  department.
   11         (a) Within 6 months after the date of admission and at the
   12  end of any period of extended commitment, or at any time the
   13  administrator or his or her designee determines that the
   14  defendant has regained competency to proceed or no longer meets
   15  the criteria for continued commitment, the administrator or
   16  designee shall file a report with the court pursuant to the
   17  applicable Florida Rules of Criminal Procedure.
   18         (b) A competency hearing must shall be held within 30 days
   19  after the court receives notification that the defendant is
   20  competent to proceed or no longer meets the criteria for
   21  continued commitment. The defendant must be transported to the
   22  committing court’s jurisdiction for the hearing. If the
   23  defendant is receiving psychotropic medication at a mental
   24  health facility at the time he or she is discharged and
   25  transferred to the jail, the administering of such medication
   26  must continue unless the jail physician documents the need to
   27  change or discontinue it. The jail and department physicians
   28  shall collaborate to ensure that medication changes do not
   29  adversely affect the defendant’s mental health status or his or
   30  her ability to continue with court proceedings; however, the
   31  final authority regarding the administering of medication to an
   32  inmate in jail rests with the jail physician.
   33         Section 3. Subsections (3) and (5) of section 916.15,
   34  Florida Statutes, are amended to read:
   35         916.15 Involuntary commitment of defendant adjudicated not
   36  guilty by reason of insanity.—
   37         (3) Every defendant acquitted of criminal charges by reason
   38  of insanity and found to meet the criteria for involuntary
   39  commitment may be committed and treated in accordance with the
   40  provisions of this section and the applicable Florida Rules of
   41  Criminal Procedure. The department shall admit a defendant so
   42  adjudicated to an appropriate facility or program for treatment
   43  and shall retain and treat such defendant. No later than 6
   44  months after the date of admission, prior to the end of any
   45  period of extended commitment, or at any time that the
   46  administrator or his or her designee determines shall have
   47  determined that the defendant no longer meets the criteria for
   48  continued commitment placement, the administrator or designee
   49  shall file a report with the court pursuant to the applicable
   50  Florida Rules of Criminal Procedure. Within 2 business days
   51  after receipt of a commitment order and other required documents
   52  as stipulated in rule, the department must request from the jail
   53  any and all medical information pertaining to the defendant.
   54  Within 3 business days after receipt of such a request, the jail
   55  shall provide such information to the department.
   56         (5) The commitment hearing shall be held within 30 days
   57  after the court receives notification that the defendant no
   58  longer meets the criteria for continued commitment. The
   59  defendant must be transported to the committing court’s
   60  jurisdiction for the hearing. If the defendant is receiving
   61  psychotropic medication at a mental health facility at the time
   62  he or she is discharged and transferred to the jail, the
   63  administering of such medication must continue unless the jail
   64  physician documents the need to change or discontinue it. The
   65  jail and department physicians shall collaborate to ensure that
   66  medication changes do not adversely affect the defendant’s
   67  mental health status or his or her ability to continue with
   68  court proceedings; however, the final authority regarding the
   69  administering of medication to an inmate in jail rests with the
   70  jail physician.
   71  
   72  ================= T I T L E  A M E N D M E N T ================
   73  And the title is amended as follows:
   74         Delete lines 9 - 16
   75  and insert:
   76         jail within a certain timeframe after receiving a
   77         commitment order and other required documentation;
   78         requiring the jail to provide such information within
   79         a certain timeframe; requiring the continued
   80         administration of psychotropic medication to a
   81         defendant if he or she is receiving such medication at
   82         a mental health facility at the time that he or she is
   83         discharged and transferred to the jail; providing an
   84         exception; requiring the jail and department
   85         physicians to collaborate on a defendant’s medication
   86         changes for certain purposes; specifying that the jail
   87         physician has the final authority regarding the
   88         administering of medication to an inmate; providing an