Florida Senate - 2021 SB 1384 By Senator Rodrigues 27-01272-21 20211384__ 1 A bill to be entitled 2 An act relating to involuntary civil commitment of 3 sexually violent predators; amending s. 394.9155, 4 F.S.; specifying that the Florida Rules of Criminal 5 Procedure apply to certain proceedings relating to 6 competency; requiring proceedings to cease when a 7 person is found to be mentally incompetent to proceed; 8 providing requirements for determining competency; 9 requiring a secure facility to admit a person found 10 mentally incompetent; requiring the facility to file 11 specified reports with the court under certain 12 circumstances; authorizing counsel to move for a 13 hearing on the issue of the respondent’s competence; 14 providing requirements relating to such hearing; 15 requiring a court to hold a hearing within a specified 16 timeframe after a facility files a report; providing 17 requirements relating to such hearing; requiring a 18 court to enter a specified order and proceed 19 expeditiously with a hearing or trial upon determining 20 that the respondent is competent to proceed; amending 21 s. 394.918, F.S.; requiring a court to conduct 22 biannual evaluations for competency for certain 23 persons; providing requirements relating to the 24 outcome of such evaluations; providing an effective 25 date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsection (8) is added to section 394.9155, 30 Florida Statutes, to read: 31 394.9155 Rules of procedure and evidence.—In all civil 32 commitment proceedings for sexually violent predators under this 33 part, the following shall apply: 34 (8) The Florida Rules of Criminal Procedure apply when 35 competency is at issue unless otherwise specified in this part. 36 (a) If at any time during a proceeding a person is found to 37 be mentally incompetent to proceed, the proceedings must cease 38 until the person is determined to be mentally competent. 39 (b) If the court on its own motion, or on the motion of 40 counsel for the respondent or for the state, has reasonable 41 grounds to believe that the respondent is not mentally competent 42 to proceed, the court must immediately enter an order setting a 43 time for a hearing to determine the respondent’s mental 44 condition and may order the respondent to be examined by no more 45 than three experts before the hearing date. Attorneys for the 46 state and the respondent may be present at any examination 47 ordered by the court. 48 (c) If the court finds the respondent is incompetent to 49 proceed during a hearing or before trial, or if the court finds 50 that the respondent is competent to proceed but that the 51 person’s competence depends on continuation of appropriate 52 treatment for mental illness or intellectual disability, the 53 court must order the person into treatment at an appropriate 54 secure facility to have his or her competency restored or to 55 maintain his or her competence to proceed, as applicable. 56 1. The facility shall admit the person for treatment. No 57 later than 6 months after the date of admission, the facility 58 shall file with the court a report that addresses the issue of 59 the person’s competency and that considers the factors in Rule 60 3.211, Florida Rules of Criminal Procedure. The clerk of the 61 court shall provide copies of the report to all parties. 62 a. If, at any time during the initial 6-month period or any 63 period of extended time ordered pursuant to this section, the 64 administrator of the facility determines that the respondent no 65 longer meets the criteria for commitment for incompetency or has 66 become competent to proceed, the facility must file a report 67 with the court stating such determination and the clerk of the 68 court shall provide copies of the report to all parties. 69 b. If, at any time during the initial 6-month period or any 70 period of extended treatment ordered pursuant to this section, 71 counsel for the respondent has reasonable grounds to believe 72 that the respondent is competent to proceed or no longer meets 73 the criteria for continued treatment, counsel may move for a 74 hearing on the issue of the respondent’s competence. The motion 75 must contain a certificate of counsel certifying that the motion 76 is made in good faith and on reasonable grounds that the 77 respondent is competent to proceed or no longer meets criteria 78 for commitment for incompetency. Such certification must contain 79 a recital of the specific observations and, to the extent 80 ethically permissible, any conversations with the respondent 81 that formed the basis for the motion. 82 c. If, upon consideration of a motion filed by counsel for 83 the respondent or the prosecuting attorney and any information 84 offered the court in support thereof, the court has reasonable 85 grounds to believe that the respondent is competent to proceed, 86 the court must order the facility to file a report addressing 87 such issues and must order a hearing to be held on the issues. 88 The clerk of the court shall provide copies of such report to 89 all parties. 90 2. The court must hold a hearing within 30 days after a 91 report is filed by a facility pursuant to sub-subparagraph 1.a. 92 or 1.c. If, after the hearing, the court determines that the 93 respondent is still incompetent to proceed and that the 94 respondent meets the criteria for continued treatment, the court 95 must order continued treatment and the facility must file a 96 second report pursuant to subparagraph 1. 97 3. If the court determines that the respondent is competent 98 to proceed at any time after his or her commitment and a 99 hearing, the court must enter an order stating such finding and 100 must proceed expeditiously with a hearing or trial. 101 102 The failure of any party to comply with such rules shall not 103 constitute a defense in any judicial proceedings under this 104 part. 105 Section 2. Subsection (5) is added to section 394.918, 106 Florida Statutes, to read: 107 394.918 Examinations; notice; court hearings for release of 108 committed persons; burden of proof.— 109 (5) The court shall biannually evaluate the competency of a 110 person committed under this part who has been found incompetent. 111 If the court finds that the person’s competency has been 112 restored, the court must proceed with the annual review 113 proceedings as set forth in this section. If the court finds 114 that the person’s competency has not been restored, treatment 115 for competency must continue at the commitment facility pursuant 116 to s. 394.9155. 117 Section 3. This act shall take effect July 1, 2021.