Florida Senate - 2023 SB 1284 By Senator Simon 3-01671-23 20231284__ 1 A bill to be entitled 2 An act relating to criminal defendants adjudicated 3 incompetent to proceed; amending s. 916.13, F.S.; 4 requiring that the Department of Children and Families 5 initiate a transfer evaluation to determine if a 6 defendant adjudicated incompetent to proceed meets the 7 criteria for involuntary civil commitment if it 8 determines that the defendant will not or is unlikely 9 to gain competence; requiring that a copy of the 10 evaluation be provided to the court and counsel; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (d) is added to subsection (2) of 16 section 916.13, Florida Statutes, to read: 17 916.13 Involuntary commitment of defendant adjudicated 18 incompetent.— 19 (2) A defendant who has been charged with a felony and who 20 has been adjudicated incompetent to proceed due to mental 21 illness, and who meets the criteria for involuntary commitment 22 under this chapter, may be committed to the department, and the 23 department shall retain and treat the defendant. 24 (d) If the department determines at any time that a 25 defendant will not or is unlikely to gain competence to proceed, 26 the department shall initiate a transfer evaluation to determine 27 if the defendant meets the criteria for involuntary civil 28 commitment, and a copy of that evaluation shall be provided to 29 the court and counsel before initiating any transfer of the 30 defendant back to the committing jurisdiction. 31 Section 2. This act shall take effect July 1, 2023.