Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1600
       
       
       
       
       
                               Ì5340763Î534076                          
       
       576-03082-22                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to treatment of defendants adjudicated
    3         incompetent to stand trial; amending s. 916.106, F.S.;
    4         revising the definition of the term “forensic
    5         facility”; amending s. 916.13, F.S.; authorizing
    6         restoration treatment at any forensic facility deemed
    7         appropriate by the Department of Children and Families
    8         for a forensic client who meets specified criteria;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (10) of section 916.106, Florida
   14  Statutes, is amended to read:
   15         916.106 Definitions.—For the purposes of this chapter, the
   16  term:
   17         (10) “Forensic facility” means a separate and secure
   18  facility established within the department or agency, or
   19  contracted using department funding, to serve forensic clients.
   20  A separate and secure facility means a security-grade building
   21  for the purpose of separately housing persons who have mental
   22  illness from persons who have intellectual disabilities or
   23  autism and separately housing persons who have been
   24  involuntarily committed pursuant to this chapter from
   25  nonforensic residents. The term includes a mental health
   26  facility operated by a community mental health provider which
   27  may be colocated in a county jail and which is deemed
   28  appropriate by the department.
   29         Section 2. Subsection (2) of section 916.13, Florida
   30  Statutes, is amended to read:
   31         916.13 Involuntary commitment of defendant adjudicated
   32  incompetent.—
   33         (2) A defendant who has been charged with a felony and who
   34  has been adjudicated incompetent to proceed due to mental
   35  illness, and who meets the criteria for involuntary commitment
   36  under this chapter, may be committed to the department, and the
   37  department shall retain and treat the defendant. Restoration
   38  treatment for a forensic client who has been committed to the
   39  department, who is held in a jail awaiting admission to a
   40  forensic facility, and who is likely to regain competence to
   41  proceed in the foreseeable future may be provided at any
   42  forensic facility deemed appropriate by the department
   43  secretary.
   44         (a) Immediately after receipt of a completed copy of the
   45  court commitment order containing all documentation required by
   46  the applicable Florida Rules of Criminal Procedure, the
   47  department shall request all medical information relating to the
   48  defendant from the jail. The jail shall provide the department
   49  with all medical information relating to the defendant within 3
   50  business days after receipt of the department’s request or at
   51  the time the defendant enters the physical custody of the
   52  department, whichever is earlier.
   53         (b) Within 6 months after the date of admission and at the
   54  end of any period of extended commitment, or at any time the
   55  administrator or his or her designee determines that the
   56  defendant has regained competency to proceed or no longer meets
   57  the criteria for continued commitment, the administrator or
   58  designee shall file a report with the court pursuant to the
   59  applicable Florida Rules of Criminal Procedure.
   60         (c) A competency hearing must be held within 30 days after
   61  the court receives notification that the defendant is competent
   62  to proceed or no longer meets the criteria for continued
   63  commitment. The defendant must be transported to the committing
   64  court’s jurisdiction for the hearing. If the defendant is
   65  receiving psychotropic medication at a mental health facility at
   66  the time he or she is discharged and transferred to the jail,
   67  the administering of such medication must continue unless the
   68  jail physician documents the need to change or discontinue it.
   69  The jail and department physicians shall collaborate to ensure
   70  that medication changes do not adversely affect the defendant’s
   71  mental health status or his or her ability to continue with
   72  court proceedings; however, the final authority regarding the
   73  administering of medication to an inmate in jail rests with the
   74  jail physician.
   75         Section 3. This act shall take effect July 1, 2022.