Florida Senate - 2018 SB 960
By Senator Baxley
12-00967A-18 2018960__
1 A bill to be entitled
2 An act relating to mental health and substance abuse;
3 amending s. 397.321, F.S.; deleting a provision
4 requiring the Department of Children and Families to
5 develop a certification process by rule for community
6 substance abuse prevention coalitions; amending ss.
7 916.13 and 916.15, F.S.; requiring the department to
8 request a defendant’s medical information from a
9 county jail within a certain timeframe after receiving
10 a completed commitment packet order and other required
11 documentation; requiring the county jail to provide
12 such information within a certain timeframe; requiring
13 that each defendant ordered returned to a county jail
14 be continued on the same psychotropic medication that
15 he or she was prescribed upon discharge from a mental
16 health facility; providing an exception; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (16) of section 397.321, Florida
22 Statutes, is amended to read:
23 397.321 Duties of the department.—The department shall:
24 (16) Develop a certification process by rule for community
25 substance abuse prevention coalitions.
26 Section 2. Subsection (2) of section 916.13, Florida
27 Statutes, is amended to read:
28 916.13 Involuntary commitment of defendant adjudicated
29 incompetent.—
30 (2) A defendant who has been charged with a felony, and who
31 has been adjudicated incompetent to proceed due to mental
32 illness, and who meets the criteria for involuntary commitment
33 under this chapter, may be committed to the department, and the
34 department shall retain and treat the defendant. Within 2
35 business days after receipt of a completed commitment packet
36 order and other required documents as stipulated in rule, the
37 department must request from the county jail any and all medical
38 information pertaining to the defendant. Within 3 business days
39 after receipt of such a request, the county jail shall provide
40 such information to the department.
41 (a) Within 6 months after the date of admission and at the
42 end of any period of extended commitment, or at any time the
43 administrator or his or her designee determines that the
44 defendant has regained competency to proceed or no longer meets
45 the criteria for continued commitment, the administrator or
46 designee shall file a report with the court pursuant to the
47 applicable Florida Rules of Criminal Procedure.
48 (b) A competency hearing must shall be held within 30 days
49 after the court receives notification that the defendant is
50 competent to proceed or no longer meets the criteria for
51 continued commitment. The defendant must be transported to the
52 committing court’s jurisdiction for the hearing. Each defendant
53 who is ordered returned to the county jail must be continued on
54 the same psychotropic medication that he or she was prescribed
55 upon discharge by the mental health facility, unless the jail’s
56 physician determines that there is a compelling medical reason
57 to change or discontinue the medication for the health and
58 safety of the defendant.
59 Section 3. Subsections (3) and (5) of section 916.15,
60 Florida Statutes, are amended to read:
61 916.15 Involuntary commitment of defendant adjudicated not
62 guilty by reason of insanity.—
63 (3) Every defendant acquitted of criminal charges by reason
64 of insanity and found to meet the criteria for involuntary
65 commitment may be committed and treated in accordance with the
66 provisions of this section and the applicable Florida Rules of
67 Criminal Procedure. The department shall admit a defendant so
68 adjudicated to an appropriate facility or program for treatment
69 and shall retain and treat such defendant. No later than 6
70 months after the date of admission, prior to the end of any
71 period of extended commitment, or at any time that the
72 administrator or his or her designee determines shall have
73 determined that the defendant no longer meets the criteria for
74 continued commitment placement, the administrator or designee
75 shall file a report with the court pursuant to the applicable
76 Florida Rules of Criminal Procedure. Within 2 business days
77 after receipt of a completed commitment packet order and other
78 required documents as stipulated in rule, the department must
79 request from the county jail any and all medical information
80 pertaining to the defendant. Within 3 business days after
81 receipt of such a request, the county jail shall provide such
82 information to the department.
83 (5) The commitment hearing shall be held within 30 days
84 after the court receives notification that the defendant no
85 longer meets the criteria for continued commitment. The
86 defendant must be transported to the committing court’s
87 jurisdiction for the hearing. Each defendant who is ordered
88 returned to the county jail must be continued on the same
89 psychotropic medication that he or she was prescribed upon
90 discharge by the mental health facility, unless the jail’s
91 physician determines that there is a compelling medical reason
92 to change or discontinue the medication for the health and
93 safety of the defendant.
94 Section 4. This act shall take effect July 1, 2018.