Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. PCS (519024) for SB 92
       
       
       
       
       
       
                                Ì857460*Î857460                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2021           .                                
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       The Committee on Appropriations (Book) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 953 and 954
    4  insert:
    5         Section 11. Subsection (2) of section 916.13, Florida
    6  Statutes, is amended to read:
    7         916.13 Involuntary commitment of defendant adjudicated
    8  incompetent.—
    9         (2) A defendant who has been charged with a felony and who
   10  has been adjudicated incompetent to proceed due to mental
   11  illness, and who meets the criteria for involuntary commitment
   12  under this chapter, may be committed to the department, and the
   13  department shall retain and treat the defendant. For a forensic
   14  client who is held in a jail awaiting admission to a facility of
   15  the department, and who is likely to regain competence to
   16  proceed in the foreseeable future, restoration treatment may be
   17  provided at any facility deemed appropriate by the department
   18  secretary.
   19         (a) Immediately after receipt of a completed copy of the
   20  court commitment order containing all documentation required by
   21  the applicable Florida Rules of Criminal Procedure, the
   22  department shall request all medical information relating to the
   23  defendant from the jail. The jail shall provide the department
   24  with all medical information relating to the defendant within 3
   25  business days after receipt of the department’s request or at
   26  the time the defendant enters the physical custody of the
   27  department, whichever is earlier.
   28         (b) Within 6 months after the date of admission and at the
   29  end of any period of extended commitment, or at any time the
   30  administrator or his or her designee determines that the
   31  defendant has regained competency to proceed or no longer meets
   32  the criteria for continued commitment, the administrator or
   33  designee shall file a report with the court pursuant to the
   34  applicable Florida Rules of Criminal Procedure.
   35         (c) A competency hearing must be held within 30 days after
   36  the court receives notification that the defendant is competent
   37  to proceed or no longer meets the criteria for continued
   38  commitment. The defendant must be transported to the committing
   39  court’s jurisdiction for the hearing. If the defendant is
   40  receiving psychotropic medication at a mental health facility at
   41  the time he or she is discharged and transferred to the jail,
   42  the administering of such medication must continue unless the
   43  jail physician documents the need to change or discontinue it.
   44  The jail and department physicians shall collaborate to ensure
   45  that medication changes do not adversely affect the defendant’s
   46  mental health status or his or her ability to continue with
   47  court proceedings; however, the final authority regarding the
   48  administering of medication to an inmate in jail rests with the
   49  jail physician.
   50  ================= T I T L E  A M E N D M E N T ================
   51  And the title is amended as follows:
   52         Delete line 81
   53  and insert:
   54         Governor and the Legislature; amending s. 916.13,
   55         F.S.; providing that a forensic client who is being
   56         held in a jail awaiting admission to a facility of the
   57         Department of Children and Families who is likely to
   58         regain competence to proceed may receive treatment at
   59         any facility designated by the department; providing
   60         an effective