The Florida Senate

HB 1005: Determination of Mental Conditions in Judicial Proceedings

GENERAL BILL by Cobb

Determination of Mental Conditions in Judicial Proceedings; Provides for petitions for involuntary admission to residential services of persons with neurocognitive disorders; provides that forensic clients with neurocognitive disorder have certain rights; authorizes appointment of certain clinical social workers or mental health counselors as experts to evaluate defendants for mental competence to proceed; limits such appointment to evaluations of mental competence to proceed; defines "neurocognitive disorder"; provides for appointment of experts to evaluate mental condition of defendants whose suspected mental condition is neurocognitive disorder; provides for determination of whether defendant whose suspected mental condition is neurocognitive disorder is mentally competent to proceed; provides for training of such defendant in certain circumstances; provides for involuntary commitment of certain defendants determined to be incompetent to proceed due to neurocognitive disorder; provides for retention of jurisdiction over certain defendants found incompetent to proceed & ordered into forensic facility for defendants who have intellectual disabilities, autism, or neurocognitive disorders; provides for dismissal of charges without prejudice when defendant is found incompetent to proceed due to neurocognitive disorder; provides for conditional release, in certain circumstances, of defendant who is incompetent to proceed due to neurocognitive disorder; requires certain juvenile delinquency procedures for children who are incompetent to proceed because of neurocognitive disorder.