Florida Senate - 2011 SB 166
By Senator Hill
1-00228-11 2011166__
1 A bill to be entitled
2 An act relating to forensic services; amending s.
3 916.105, F.S.; providing legislative intent that
4 forensic services be provided to a person charged with
5 a misdemeanor as well as a felony offense; amending
6 ss. 916.106, 916.107, 916.13, and 916.302, F.S.,
7 relating to definitions, the rights of forensic
8 clients, the involuntary commitment of a defendant
9 with mental illness, and the involuntary commitment of
10 a defendant determined to be incompetent; conforming
11 provisions to changes made by the act; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (1) of section 916.105, Florida
17 Statutes, is amended to read:
18 916.105 Legislative intent.—
19 (1) It is the intent of the Legislature that the Department
20 of Children and Family Services and the Agency for Persons with
21 Disabilities, as appropriate, establish, locate, and maintain
22 separate and secure forensic facilities and programs for the
23 treatment or training of defendants who have been charged with a
24 misdemeanor or felony, and who have been found to be incompetent
25 to proceed due to their mental illness, mental retardation, or
26 autism, or who have been acquitted of a misdemeanor or felony by
27 reason of insanity, and who, while still under the jurisdiction
28 of the committing court, are committed to the department or
29 agency under the provisions of this chapter. Such facilities
30 must be able shall be sufficient to accommodate the number of
31 defendants committed under the conditions noted above. Except
32 for those defendants found by the department or agency to be
33 appropriate for treatment or training in a civil facility or
34 program pursuant to subsection (3), forensic facilities shall be
35 designed and administered so that ingress and egress, together
36 with other requirements of this chapter, may be strictly
37 controlled by staff responsible for security in order to protect
38 the defendant, facility personnel, other clients, and citizens
39 in adjacent communities.
40 Section 2. Subsections (6) and (7) of section 916.106,
41 Florida Statutes, are amended to read:
42 916.106 Definitions.—For the purposes of this chapter, the
43 term:
44 (6) “Defendant” means an adult, or a juvenile who is
45 prosecuted as an adult, who has been arraigned and charged with
46 a misdemeanor or felony offense under the laws of this state.
47 (7) “Department” means the Department of Children and
48 Family Services. The department is responsible for the treatment
49 of forensic clients who have been determined incompetent to
50 proceed due to mental illness or who have been acquitted of a
51 misdemeanor or felony by reason of insanity.
52 Section 3. Paragraph (a) of subsection (1) of section
53 916.107, Florida Statutes, is amended to read:
54 916.107 Rights of forensic clients.—
55 (1) RIGHT TO INDIVIDUAL DIGNITY.—
56 (a) The policy of the state is that the individual dignity
57 of the client shall be respected at all times and upon all
58 occasions, including any occasion when the forensic client is
59 detained, transported, or treated. Clients with mental illness,
60 retardation, or autism and who are charged with committing a
61 misdemeanor or felony felonies shall receive appropriate
62 treatment or training. In a criminal case involving a client who
63 has been adjudicated incompetent to proceed or not guilty by
64 reason of insanity, a jail may be used as an emergency facility
65 for up to 15 days following the date the department or agency
66 receives a completed copy of the court commitment order
67 containing all documentation required by the applicable Florida
68 Rules of Criminal Procedure. For a forensic client who is held
69 in a jail awaiting admission to a facility of the department or
70 agency, evaluation and treatment or training may be provided in
71 the jail by the local community mental health provider for
72 mental health services, by the developmental disabilities
73 program for persons with retardation or autism, the client’s
74 physician or psychologist, or any other appropriate program
75 until the client is transferred to a civil or forensic facility.
76 Section 4. Section 916.13, Florida Statutes, is amended to
77 read:
78 916.13 Involuntary commitment of defendant adjudicated
79 incompetent.—
80 (1) Every defendant who is charged with a misdemeanor or
81 felony and who is adjudicated incompetent to proceed may be
82 involuntarily committed for treatment upon a finding by the
83 court of clear and convincing evidence that:
84 (a) The defendant has a mental illness and because of the
85 mental illness:
86 1. The defendant is manifestly incapable of surviving alone
87 or with the help of willing and responsible family or friends,
88 including available alternative services, and, without
89 treatment, the defendant is likely to suffer from neglect or
90 refuse to care for herself or himself and such neglect or
91 refusal poses a real and present threat of substantial harm to
92 the defendant’s well-being; or
93 2. There is a substantial likelihood that in the near
94 future the defendant will inflict serious bodily harm on herself
95 or himself or another person, as evidenced by recent behavior
96 causing, attempting, or threatening such harm;
97 (b) All available, less restrictive treatment alternatives,
98 including treatment in community residential facilities or
99 community inpatient or outpatient settings, which would offer an
100 opportunity for improvement of the defendant’s condition have
101 been judged to be inappropriate; and
102 (c) There is a substantial probability that the mental
103 illness causing the defendant’s incompetence will respond to
104 treatment and the defendant will regain competency to proceed in
105 the reasonably foreseeable future.
106 (2) A defendant who has been charged with a misdemeanor or
107 felony and who has been adjudicated incompetent to proceed due
108 to mental illness, and who meets the criteria for involuntary
109 commitment to the department under the provisions of this
110 chapter, may be committed to the department, and the department
111 shall retain and treat the defendant. No later than 6 months
112 after the date of admission and at the end of any period of
113 extended commitment, or at any time the administrator or
114 designee shall have determined that the defendant has regained
115 competency to proceed or no longer meets the criteria for
116 continued commitment, the administrator or designee shall file a
117 report with the court pursuant to the applicable Florida Rules
118 of Criminal Procedure.
119 Section 5. Subsection (1) and paragraph (a) of subsection
120 (2) of section 916.302, Florida Statutes, are amended to read:
121 916.302 Involuntary commitment of defendant determined to
122 be incompetent to proceed.—
123 (1) CRITERIA.—Every defendant who is charged with a
124 misdemeanor or felony and who is adjudicated incompetent to
125 proceed due to retardation or autism may be involuntarily
126 committed for training upon a finding by the court of clear and
127 convincing evidence that:
128 (a) The defendant has retardation or autism;
129 (b) There is a substantial likelihood that in the near
130 future the defendant will inflict serious bodily harm on himself
131 or herself or another person, as evidenced by recent behavior
132 causing, attempting, or threatening such harm;
133 (c) All available, less restrictive alternatives, including
134 services provided in community residential facilities or other
135 community settings, which would offer an opportunity for
136 improvement of the condition have been judged to be
137 inappropriate; and
138 (d) There is a substantial probability that the retardation
139 or autism causing the defendant’s incompetence will respond to
140 training and the defendant will regain competency to proceed in
141 the reasonably foreseeable future.
142 (2) ADMISSION TO A FACILITY.—
143 (a) A defendant who has been charged with a misdemeanor or
144 felony and who is found to be incompetent to proceed due to
145 retardation or autism, and who meets the criteria for
146 involuntary commitment to the agency under the provisions of
147 this chapter, shall be committed to the agency, and the agency
148 shall retain and provide appropriate training for the defendant.
149 Within No later than 6 months after the date of admission or at
150 the end of any period of extended commitment or at any time the
151 administrator or designee shall have determined that the
152 defendant has regained competency to proceed or no longer meets
153 the criteria for continued commitment, the administrator or
154 designee shall file a report with the court pursuant to this
155 chapter and the applicable Florida Rules of Criminal Procedure.
156 Section 6. This act shall take effect July 1, 2011.