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.